Cleveland City Council

p. 891 REGULAR SESSION AUGUST 10, 2020 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, AUGUST 10, 2020 AT 3:00 P.M. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 51, THIS MEETING WAS CONDUCTED ELECTRONICALLY AND LIVE STREAMED ON THE CITY’S FACEBOOK PAGE IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE. THERE WAS NOT BE A PHYSICAL LOCATION FOR THE MEETING. PRIOR TO THE MEETING, ANY QUESTIONS OR COMMENTS WERE SUBMITTED TO THE CITY MANAGER’S OFFICE. Present and presiding was Mayor Kevin Brooks. Also present were Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb and Vice Mayor Avery Johnson. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kris Miller, IT Director; Beverley Lindsey, Assistant to the City Manager; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner. Also, on the virtual line were various staff members, Department Heads, City Attorney John Kimball and Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag by Councilman Cassada and prayer by Vice Mayor Avery Johnson, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on July 27, 2020 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS There were no special presentations and public comments. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone 4.46 acres, more or less, located on Humphrey Bridge Rd SW (Tax Map 56 Parcel 79.00 and Tax Map 56K Group A Parcels 1.00, 2.00 and 3.00) from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 2.72 acres located Nicholson Dr SW and Country Club Dr SW (Tax Map 49O Group B Parcel 28.00) and a resolution to adopt a Plan of Service (POS) for the annexation area (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the annexation and plan of service. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the annexation and plan of service. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the zoning of about 2.72 acres located on Nicholson Dr SW and Country Club Dr SW (Tax Map 49O Group B Parcel 28.00) from the unincorporated county to R2 Low Density Single and Family Residential Zoning District (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the zoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the zoning. No one spoke. Mayor Brooks declared the public hearing to be closed. p. 892 REGULAR SESSION AUGUST 10, 2020 PAGE -892- MINUTE BOOK 29 Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone 5.29 acres, more or less, located on Georgetown Rd and Paul Huff Parkway Extension (Tax Map 33F Group B a portion of Parcels 1.00 & 5.00) from CG General Commercial Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone .76 acres, more or less, located at 4665 Fairfield Farm Rd (Tax Map 34O Group A a portion of Parcel 7.00) from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2020-2021 CDBG Annual Action Plan and the FY2020-2021 CDBG CARES Act Allocation. Mayor Brooks asked if anyone would like to speak concerning this public hearing. Councilman Estes stated he received the following text message “as a small business owner, I fully support the CDBG Cares Act funding plan which directly supports struggling small businesses that serve the CDBG area of Cleveland. Small businesses have taken on a large negative economic impact during the Covid19 shutdown and slowdown in local businesses. I believe this is a responsible use of CDBG funds to support those local businesses as they continue to employ and serve the CDBG area.” Brittany Katz, Terra Running Company. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman May moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2020-23 – heretofore passed on first reading July 27, 2020 and found in Minute Book 29, Page 879; rezoning 25.9 acres, more or less, located at Michigan Ave Rd and 31st St NE (Tax Map 50 Parcel 14.04) from R1 Single Family Residential Zoning District to PUD24 Planned Unit Development Zoning District (Planning Commission: Approved 8-0; 1 absent). • Final Passage - Ordinance No: 2020-24 – heretofore passed on first reading July 27, 2020 and found in Minute Book 29, Page 879; abandoning a portion of unopened right- of-way located off Johnson Blvd between 425 Johnson Blvd and 455 Johnson Blvd (Planning Commission: Approved 8-0; 1 absent). • Final Passage - Ordinance No: 2020-25 – heretofore passed on first reading July 27, 2020 and found in Minute Book 29, Page 888; amending Sections 2.10.2, 2.11.2 and Table 1 of the Zoning Regulations concerning the use of animal boarding and kennels within the CG General Commercial and CH Highway Commercial Zoning Districts (Planning Commission: Approved 8-0; 1 absent). • Resolution No: 2020-58 – Authorizing the CEO of Cleveland Utilities to act on behalf of the City with respect to a loan application with the Tennessee Department of Environment and Conservation for sewer collection system inflow and infiltration correction. CITY OF CLEVELAND SRF 2018-417-01 AUTHORIZING RESOLUTION NO: 2020-58 p. 893 REGULAR SESSION AUGUST 10, 2020 PAGE -893- MINUTE BOOK 29 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE CONSTRUCTION OF A WASTEWATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANCING. WHEREAS, the City of Cleveland is a public and governmental body in Cleveland (Bradley County), Tennessee (the "Local Government"); and WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a wastewater facilities project, Department of Environment and Conservation Number SRF 2018-417-01(the "Project"), in and for the Local Government; and WHEREAS, Tennessee Code Annotated, Section 68-221-1001 et. seq., provide for the lending of funds in the wastewater facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for project loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of Ten million dollars ($10,000,000) by the obtaining of a project loan. Section 2. The execution and delivery of the Application for a Project loan in the principal amount of ten million dollars ($10,000,000) for the purpose of funding all or a portion of the total estimated cost of the Project twenty million dollars ($20,000,000), by Kevin Brooks, the Mayor of the Local Government, is hereby ratified and approved in all respects. Section 3. The form, terms, and provisions of the agreement for the Project loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the Authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of operation and maintenance of the wastewater system of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. p. 894 REGULAR SESSION AUGUST 10, 2020 PAGE -894- MINUTE BOOK 29 Section 8. The Local Government hereby agrees that there are no local pledges of State- Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The CEO of Cleveland Utilities is authorized and directed to execute the Loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the Local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may consider necessary or advisable in connection with the Loan Agreement. Provided, however, this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution are and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this _________ day of _________________, 2020. ___________________________ ____________________________ Kevin Brooks, Mayor Shawn McKay, City Clerk • Resolution No: 2020-59 – Accepting Little Pond Road (approx. 720 feet) and Preservation Drive (beginning at Spring House Road and continuing approx. 600 feet) in Timber Creek Subdivision as city streets. RESOLUTION NO: 2020-59 WHEREAS, Timber Creek Subdivision-Phase 3 is a development located in the City of Cleveland; and WHEREAS, Timber Creek Subdivision-Phase 3 is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 33 Page 62; and WHEREAS, Preservation Drive is a street located within this development and is depicted on this Plat; and WHEREAS, Little Pond Road is also a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Preservation Drive and Little Pond Road as City streets; and WHEREAS, the City's engineering staff has inspected Little Pond Road (approximately 720 feet) and is now recommending that the City accept Little Pond Road (approximately 720 feet) as a City street; and WHEREAS, the City's engineering staff has also inspected Preservation Drive beginning at Spring House Road and continuing approximately 600 feet in a southeasterly direction to the end of the cul de sac depicted on the Plat, and is now recommending that the City accept this section of Preservation Drive (approximately 600 feet) as a City street. p. 895 REGULAR SESSION AUGUST 10, 2020 PAGE -895- MINUTE BOOK 29 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Little Pond Road (approximately 720 feet) as a City street. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Preservation Drive beginning at Spring House Road and continuing approximately 600 feet in a southeasterly direction to the end of the cul de sac as a City street. This 10th day of August 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-60 – Accepting Mountain Cove Place (approx. 210 feet) in Mountain Cove Subdivision as a city street. RESOLUTION NO: 2020-60 WHEREAS, Mountain Cove Subdivision is a development located in the City of Cleveland; and WHEREAS, Mountain Cove Subdivision is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 22 Page 110; and WHEREAS, Mountain Cove Place is a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Mountain Cove Place as a City street; and WHEREAS, the City's engineering staff has inspected Mountain Cove Place and is now recommending that the City accept Mountain Cove Place (approximately 210 feet) as a City street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Mountain Cove Place as a City street. This 10th day of August 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-61 – Supporting an application to TDOT for the 2021 IMPROVE Act for construction of up to 8 bus shelters throughout Cleveland. RESOLUTION NO: 2020-61 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR AN IMPROVE ACT GRANT FOR CONSTRUCTION OF UP TO 8 BUS SHELTERS THROUGHOUT CLEVELAND p. 896 REGULAR SESSION AUGUST 10, 2020 PAGE -896- MINUTE BOOK 29 WHEREAS, the City of Cleveland submitted to the Tennessee Department of Transportation (TDOT) a Notice of Intent to Apply for the IMPROVE Act Grant for up to 8 Bus Shelters to serve the CUATS System throughout Cleveland; and WHEREAS, TDOT has invited the City of Cleveland’s transit provider SETHRA to submit an IMPROVE Act Grant application for the aforementioned shelters; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application for IMPROVE Act funds is hereby approved for the Construction of up to 8 Bus Shelters up to the amount of $150,000 and a local cash match of 25% of the grant amount is approved. 2. The City of Cleveland understands that this is a reimbursable grant project and that it would need to pay 100% of all project invoices upfront prior to seeking reimbursement for 75% from TDOT. 3. The City of Cleveland understands that it will be responsible for future maintenance of facilities constructed with the IMPROVE Act grant. 4. The Mayor is authorized to sign all documents necessary to apply for this IMPROVE Act grant. Approved this 10th day of August, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-62 – Authorizing the Mayor to sign contract amendment #6 with TDOT related to the sidewalk project along Wildwood/Dalton Pike. RESOLUTION NO: 2020-62 RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT SIX FOR MULTI- MODAL ACCESS GRANT PROJECT ON WILDWOOD AVENUE AND DALTON PIKE FOR THE PURPOSE OF EXTENDING THE GRANT DEADLINE WHEREAS, the City of Cleveland entered a contract with the Tennessee Department of Transportation (TDOT) to carry out as grantee a Multi-modal Access Grant Program on Wildwood Avenue and Dalton Pike; and WHEREAS, the grant contract will expire before the project can be completed and TDOT has prepared for approval a contract extension to September 25, 2021; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The Mayor is authorized to sign the contract amendment with TDOT extending the contract date to September 25, 2021. Approved this 10th day of August, 2020. p. 897 REGULAR SESSION AUGUST 10, 2020 PAGE -897- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-63 – Initial resolution authorizing the issuance of not to exceed $6,200,000 General Obligation Bond related to Cleveland Utilities projects. RESOLUTION NO: 2020-63 INITIAL RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED SIX MILLION TWO HUNDRED THOUSAND AND N0/100 DOLLARS ($6,200,000) GENERAL OBLIGATION BOND OF THE CITY OF CLEVELAND, TENNESSEE BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee (the "Municipality") that for the purpose of financing, in whole or in part, (i) the improvement and extension of the electric distribution system of the Municipality, (ii) the improvement and extension of the water and wastewater system of the Municipality, (iii) the acquisition of all property, real or personal, appurtenant thereto, or connected with such public works projects; (v) payment of architectural, engineering, legal, fiscal and administrative costs incident to the foregoing; (vi) reimbursement to the Municipality for any funds expended for any of the foregoing prior to the issuance of the bonds referred herein; and (v) payment of costs incident to the issuance and sale of the bonds authorized herein, there shall be issued bonds, in one or more emissions, of said Municipality in the aggregate principal amount of not to exceed $6,200,000, which shall bear interest at a rate or rates not to exceed five percent per annum (5.00%), and which shall be payable from unlimited ad valorem taxes to be levied on all taxable property within the corporate limits of the Municipality, provided that the respective portions of the bonds that finance improvements to the water and wastewater system and the electric distribution system of the Municipality shall also be payable from but not secured by the revenues of such respective systems. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Clerk of the Municipality be, and is, hereby directed and instructed to cause the foregoing initial resolution relative to the issuance of not to exceed $6,200,000 general obligation bonds to be published in full in a newspaper having a general circulation in the Municipality, for one issue of said paper followed by the statutory notice: NOTICE The foregoing resolution has been adopted. Unless within twenty (20) days from the date of publication hereof a petition signed by at least ten percent (10%) of the registered voters of the Municipality shall have been filed with the City Clerk of the Municipality protesting the issuance of the bonds, such bonds will be issued as proposed. Shawn McKay, City Clerk This Resolution shall be in immediate effect from and after its adoption, the public welfare requiring it. Adopted and approved this 10th day of August, 2020. ___________________________ Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Appointment – Beer Board - Tina Turner for a two-year term to expire July 2022. The motion to approve the consent agenda was seconded by Councilman Webb; and upon roll call, unanimously passed. p. 898 REGULAR SESSION AUGUST 10, 2020 PAGE -898- MINUTE BOOK 29 UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes congratulated the Cleveland Fire Department on receiving the ISO 2 rating. Very few communities have an ISO rating of 2. The work that is done upfront saves residents money on the backend. Also, he thanked Dr. John Powell for cleaning the concrete obelisks that have street names on them in the historic district. Councilman Cassada thanked District 3 residents on his re-election for a second term. He will work even harder. He also thanked his family, friends and his wife for their support and hard work. Councilman Hughes stated he is proud of all the project accomplishments within the City, especially Norman Chapel Road project. It got finished before school started. North Lee/Sequoia was right down to the wire. The additional lane for safety done by our staff. He contacted Sandra Knight with Bradley County and asked to partner on the project which was in the city but leading to a county school. The PTA met with Commissioners, as well as Councilman Cassada meeting with them asking for a partnership. He is proud of the North Lee project as a city project and in the arena of safety we were able to help in that area. Lastly, he congratulated Councilman May on his re-election as well. Councilman Webb stated he was happy to hear about all the completed projects and excited to hear during our work session the report on refinancing our bond issues to save taxpayer dollars. Mr. McKay and Mr. Fivas have stayed on top of our finances and he is appreciative. Vice Mayor Johnson congratulated the Cleveland Fire Department on receiving the ISO 2 rating. He also congratulated the Police Department on their CALEA recertification where they as well received high marks. He thanked the voters of Cleveland for re-electing him and all those that supported him. He is looking forward to the next few years. Councilman McKenzie stated the business at 20th and Keith Street is regularly leaving various items for sale out overnight. He asked that staff take a look at the issue. Councilman Hughes added the City Manager met with the principal of North Lee Elementary on numerous occasions and was a catalyst in that operation and greatly appreciates it. Mayor Brooks thanked Councilman Hughes for bringing up that particular project and stated he enjoys helping out when we possibly can. He was surprised to hear they couldn’t help us in front of a county school, as we are spending thousands of dollars on a city street if front of the PIE Center. We are about to enter into a partnership for the project, so it is disappointing to hear that wasn’t reciprocated on the North Lee/Sequoia project. Mayor Brooks announced that Mr. Joe Washington has resigned from the Cleveland Housing Authority Board. We have received and accepted an application from Mr. Lamar Arp to serve on the board as the Mayoral appointment. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2020-26 - Rezoning 4.46 acres, more or less, located on Humphrey Bridge Rd SW (Tax Map 56 Parcel 79.00 and Tax Map 56K Group A Parcels 1.00, 2.00 and 3.00) from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0;1 absent). p. 899 REGULAR SESSION AUGUST 10, 2020 PAGE -899- MINUTE BOOK 29 ZONING ORDINANCE NO: 2020-26 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District. Approximately 4.38 acres, more or less, located on Humphrey Bridge Rd as shown on the attached map. For reference, same property is being shown on Tax Map 56 Parcels 79.00 and Tax Map 56K Group A Parcels 1.00, 2.00 and 3.00, in the Assessor’s Office for Bradley County, Tennessee BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman Estes moved that Zoning Ordinance No: 2020-26 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously approved. p. 900 REGULAR SESSION AUGUST 10, 2020 PAGE -900- MINUTE BOOK 29 The following Resolution was then presented in full: • Resolution No: 2020-56 – Adopting a Plan of Service for the annexation area of about 2.72 acres located Nicholson Dr SW and Country Club Dr SW (Tax Map 49O Group B Parcel 28.00) (Planning Commission: Approved 8-0; 1 absent). RESOLUTION NO: 2020-56 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT NICHOLSON DR AND COUNTRY CLUB DR ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries by owner consent; and WHEREAS, a Plan of Services for the territory proposed for annexation by owner consent has been reviewed by the Cleveland Municipal Planning Commission; and WHEREAS, the governing body desires to conduct a public hearing on the proposed annexation and plan of services; NOW THEREFORE BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That a public hearing is hereby held at 3:00 pm on August 10, 2020 at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: The below describes the county portion of the lands of Brown Realty Corp, as recorded in BCROD deed book 128 page 168. Description is as follows: Beginning at the northwest corner of the lands of Dale Goff, as recorded in BCROD deed book 1005 page 411; thence with the eastern right of way of Nicholson Dr in a northeasterly direction 228 feet, more or less, to a point where the existing City Limits intersects the western property line of the lands of brown Realty; thence in a south easterly direction with the existing City Limits 323 feet, more or less, to a point where the existing City Limits intersects the eastern line of the lands of Brown Realty; thence in a south easterly direction with the eastern line of the lands of Brown Realty 325 feet, more or less, to the northeastern corner of the lands of CT Properties, as recorded in BCROD deed book 1707 page 355; thence with the northern line of the lands of CT Properties in a northwesterly direction 168 feet, more or less, to the northwest corner of the lands of Ct Properties; thence with the western line of the lands of CT properties 110 feet, more or less, to the southwest corner of the land of CT Properties, said point being located in the northern right of way of Country Club Dr; thence with the northern right of way of Country Club Dr along a curve in a northwesterly direction 54 feet, more or less, to the southeast corner of the lands of William Terrell, as recorded in BCROD deed book 2567 page 370; thence in a northeasterly direction with the eastern line of the lands of Terrell 115.3 feet to the southeastern corner of the lands of Goff; thence in a north easterly direction with the eastern line of the lands of Goff 84.7 feet to the northeastern corner of the lands of Goff; thence in a northwesterly direction with the northern line of the lands of Goff 118.25 feet to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. p. 901 REGULAR SESSION AUGUST 10, 2020 PAGE -901- MINUTE BOOK 29 C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk JULY 16, 2020 NICHOLSON DR ANC COUNTRY CLUB DR NW PROPERTY ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 2.3 acres located on Nicholson Dr and Country Club Dr NW as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is inside the existing Urban Growth Boundary (UGB). The proposed annexation is proposed to occur in 2020. This report begins with a brief overview of the annexation process and the report then turns to a proposed Plan of Services (POS) for the annexation area. The services described are those that would be necessary for the City to provide under Tennessee law. This area is proposed to receive city services in accordance with the POS. Introduction Public Chapter 1101 (PC 1101), adopted as Tennessee law in 1998, required cities to work cooperatively with other local governments to determine an urban growth boundary (UGB) in which annexations could occur. Cleveland has a twenty-nine square mile UGB that was based on a study of urbanization and service requirements in a fifty square mile urban fringe area. The UGB was amended in January 2010, expanding it near I-75 Exit 20 and in the vicinity of the new airport site near Dry Valley Road. Cleveland can annex property within its UGB by resolution. PC 1101 Section 19 requires a “Plan of Services” (POS) prior to annexation and these services must include: police and fire protection: water, electrical and sanitary sewer services; solid waste collection; road and street construction and repair; recreational facilities and programs; street lighting; and zoning services. Public Chapter 225 adopted by the Tennessee General Assembly and signed by Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. The property consists of one vacant parcel, with a portion of which is already within the City limits. Four new four-unit residential dwellings are anticipated post annexation (16 total units). The property is described as Tax Map 49O Group B Parcel 28.00. p. 902 REGULAR SESSION AUGUST 10, 2020 PAGE -902- MINUTE BOOK 29 Nicholson Dr/Country Club Dr Legal Description The below describes the county portion of the lands of Brown Realty Corp, as recorded in BCROD deed book 128 page 168. Description is as follows: Beginning at the northwest corner of the lands of Dale Goff, as recorded in BCROD deed book 1005 page 411; thence with the eastern right of way of Nicholson Dr in a northeasterly direction 228 feet, more or less, to a point where the existing City Limits intersects the western property line of the lands of brown Realty; thence in a south easterly direction with the existing City Limits 323 feet, more or less, to a point where the existing City Limits intersects the eastern line of the lands of Brown Realty; thence in a south easterly direction with the eastern line of the lands of Brown Realty 325 feet, more or less, to the northeastern corner of the lands of CT Properties, as recorded in BCROD deed book 1707 page 355; thence with the northern line of the lands of CT Properties in a northwesterly direction 168 feet, more or less, to the northwest corner of the lands of Ct Properties; thence with the western line of the lands of CT properties 110 feet, more or less, to the southwest corner of the land of CT Properties, said point being located in the northern right of way of Country Club Dr; thence with the northern right of way of Country Club Dr along a curve in a northwesterly direction 54 feet, more or less, to the southeast corner of the lands of William Terrell, as recorded in BCROD deed book 2567 page 370; thence in a northeasterly direction with the eastern line of the lands of Terrell 115.3 feet to the southeastern corner of the lands of Goff; thence in a north easterly direction with the eastern line of the lands of Goff 84.7 feet to the northeastern corner of the lands of Goff; thence in a northwesterly direction with the northern line of the lands of Goff 118.25 feet to the point of beginning. Plan of Services 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation. There is no additional cost expected from this annexation. 2. Fire Protection The Cleveland Fire Department could provide immediate service to this parcel from our current Station 1. Providing service to this parcel would have no budgetary impact on the Fire Department. p. 903 REGULAR SESSION AUGUST 10, 2020 PAGE -903- MINUTE BOOK 29 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water service is available to this parcel via approximately 2-inch diameter cast iron water main along Country Club Drive and Nicholson Drive. See B. Sanitary Sewer--- Sanitary sewer service is presently available to this site. No additional improvements are required. C. Fire Protection--- The existing water mains in the area are not sufficient to provide fire protection. To provide fire protection, approximately 720 linear feet of 6-inch diameter water main is required and two fire hydrants. Two hydrants are proposed. It is estimated to cost $53,200. SUMMARY OF COSTS Location Domestic Water Sanitary Sewer Fire Protection Total Nicholson Drive $0 $0 $53,200 $53,200 p. 904 REGULAR SESSION AUGUST 10, 2020 PAGE -904- MINUTE BOOK 29 4. Electric Service This property is currently served by Cleveland Utilities Electric Division. No additional costs are anticipated. 5. Public Works A. Refuse Collection a. Current city policies regarding residential, commercial and industrial refuse will apply in all proposed areas per the terms of the City’s contract with Waste Connections of Tennessee, Inc. b. The City no longer provides curbside recycling and this service will not be provided in the proposed areas, unless the City Council initiates a program in the future. B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs or street striping/painting is needed at this time for the proposed areas. D. Stormwater and Drainage Services No major drainage problems were identified in these areas. Emergency drainage maintenance (i.e. cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e. street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. p. 905 REGULAR SESSION AUGUST 10, 2020 PAGE -905- MINUTE BOOK 29 6. Schools It is estimated that five to six additional students would be added to the school system enrollment as a result of this annexation. The impact of the Country Club Dr. property will be $5,126.78 per year from education. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential Zoning in the unincorporated County. The property is proposed for R2 Low Density Single and Multi- Family Residential Zoning District as its post-annexation zoning. C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 9. Voting Rights and City Elections A. If an eligible voter’s permanent place of residence is located in an annexed area, that voter is automatically eligible to vote in City elections. B. If an eligible voter is in the category of a property rights voter then that voter must register at the Election Commission Office prior to voting in a City election. C. This annexation is expected to add approximately 36 residents to the 1st City Council District once developed. p. 906 REGULAR SESSION AUGUST 10, 2020 PAGE -906- MINUTE BOOK 29 10. Stormwater a. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is billed on the Cleveland Utilities monthly water bill. The monthly fee will be $1.63. b. All new development will need to adhere to the City of Cleveland Stormwater Ordinance. c. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. Revenue The property is currently vacant with a total assessed value of $61,400. At the City’s current tax rate this would result in approximately $316.21 in annual property tax. With the expected four quadraplex units on the site conservatively estimated at a value of $250,000 each, property tax revenue would create an additional revenue of approximately $8,240.00 and a total of $8556.21 in property tax. With an estimated 36 additional residents in the annexation area after being developed and a current state shared appropriation per person of $115.75 the property would generate approximately $4,167. Total revenue generated as a result of this annexation after being developed with three new homes would be approximately $12,723.21. Vice Mayor Johnson moved that Resolution No: 2020-56 be accepted as presented. The motion was seconded by Councilman McKenzie; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2020-57 – Annexing about 2.72 acres located Nicholson Dr SW and Country Club Dr SW (Tax Map 49O Group B Parcel 28.00) (Planning Commission: Approved 8-0; 1 absent). RESOLUTION NO: 2020-57 A RESOLUTION TO ANNEX CERTAIN TERRITORY UPON WRITTEN CONSENT OF THE OWNERS AND TO INCORPORATE THE SAME WITHIN THE BOUNDARIES OF THE CITY OF CLEVELAND, TENNESSEE NICHOLSON DR AND COUNTRY CLUB DR ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and p. 907 REGULAR SESSION AUGUST 10, 2020 PAGE -907- MINUTE BOOK 29 WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on August 10, 2020. NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: The below describes the county portion of the lands of Brown Realty Corp, as recorded in BCROD deed book 128 page 168. Description is as follows: Beginning at the northwest corner of the lands of Dale Goff, as recorded in BCROD deed book 1005 page 411; thence with the eastern right of way of Nicholson Dr in a northeasterly direction 228 feet, more or less, to a point where the existing City Limits intersects the western property line of the lands of brown Realty; thence in a south easterly direction with the existing City Limits 323 feet, more or less, to a point where the existing City Limits intersects the eastern line of the lands of Brown Realty; thence in a south easterly direction with the eastern line of the lands of Brown Realty 325 feet, more or less, to the northeastern corner of the lands of CT Properties, as recorded in BCROD deed book 1707 page 355; thence with the northern line of the lands of CT Properties in a northwesterly direction 168 feet, more or less, to the northwest corner of the lands of Ct Properties; thence with the western line of the lands of CT properties 110 feet, more or less, to the southwest corner of the land of CT Properties, said point being located in the northern right of way of Country Club Dr; thence with the northern right of way of Country Club Dr along a curve in a northwesterly direction 54 feet, more or less, to the southeast corner of the lands of William Terrell, as recorded in BCROD deed book 2567 page 370; thence in a northeasterly direction with the eastern line of the lands of Terrell 115.3 feet to the southeastern corner of the lands of Goff; thence in a north easterly direction with the eastern line of the lands of Goff 84.7 feet to the northeastern corner of the lands of Goff; thence in a northwesterly direction with the northern line of the lands of Goff 118.25 feet to the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted [on file in the City Clerk’s Office.] C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. p. 908 REGULAR SESSION AUGUST 10, 2020 PAGE -908- MINUTE BOOK 29 WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning for the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Resolution No: 2020-57 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2020-27 – Zoning of about 2.72 acres located on Nicholson Dr SW and Country Club Dr SW (Tax Map 49O Group B Parcel 28.00) from the unincorporated county to R2 Low Density Single and Family Residential Zoning District (Planning Commission: Approved 8-0; 1 absent). ZONING ORDINANCE NO: 2020-27 AN ORDINANCE TO ZONE THE “NICHOLSON DR AND COUNTRY CLUB DR ANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 10th day of August 2020 a notice thereof published in the Cleveland Daily Banner on July 26, 2020 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2020-56; and, WHEREAS, this property was annexed by Resolution No: 2020-57; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, zoned from FAR Forestry/Agricultural/Residential Zoning within the unincorporated County to R2 Low Density Single and Multi-Family Residential Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and shall be zoned in accordance with the legal description described in Exhibit “B”, attached hereto and made a part hereof by reference, upon the effective date of this ordinance. Section 3. Be it further ordained that this Ordinance shall take effect immediately on final reading the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 909 REGULAR SESSION AUGUST 10, 2020 PAGE -909- MINUTE BOOK 29 Exhibit A Exhibit B Legal Description The below describes the county portion of the lands of Brown Realty Corp, as recorded in BCROD deed book 128 page 168. Description is as follows: Beginning at the northwest corner of the lands of Dale Goff, as recorded in BCROD deed book 1005 page 411; thence with the eastern right of way of Nicholson Dr in a northeasterly direction 228 feet, more or less, to a point where the existing City Limits intersects the western property line of the lands of brown Realty; thence in a south easterly direction with the existing City Limits 323 feet, more or less, to a point where the existing City Limits intersects the eastern line of the lands of Brown Realty; thence in a south easterly direction with the eastern line of the lands of Brown Realty 325 feet, more or less, to the northeastern corner of the lands of CT Properties, as recorded in BCROD deed book 1707 page 355; thence with the northern line of the lands of CT Properties in a northwesterly direction 168 feet, more or less, to the northwest corner of the lands of Ct Properties; thence with the western line of the lands of CT properties 110 feet, more or less, to the southwest corner of the land of CT Properties, said point being located in the northern right of way of Country Club Dr; thence with the northern right of way of Country Club Dr along a curve in a northwesterly direction 54 feet, more or less, to the southeast corner of the lands of William Terrell, as recorded in BCROD deed book 2567 page 370; thence in a northeasterly direction with the eastern line of the lands of Terrell 115.3 feet to the southeastern corner of the lands of Goff; thence in a north easterly direction with the eastern line of the lands of Goff 84.7 feet to the northeastern corner of the lands of Goff; thence in a northwesterly direction with the northern line of the lands of Goff 118.25 feet to the point of beginning. Councilman Hughes moved that Zoning Ordinance No: 2020-27 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously approved. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2020-28 – Rezoning 5.29 acres, more or less, located on Georgetown Rd and Paul Huff Parkway Extension (Tax Map 33F Group B a portion of Parcels 1.00 & 5.00) from CG General Commercial Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 absent). ZONING ORDINANCE NO: 2020-28 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from CG General Commercial Single to CH Commercial Highway Zoning District. p. 910 REGULAR SESSION AUGUST 10, 2020 PAGE -910- MINUTE BOOK 29 Approximately 5.29 acres, more or less, located on Georgetown Rd and Paul Huff Hwy Extension as shown on the attached exhibit A. For reference, same property is being shown on Tax Map 33F Group B a portion of Parcels 1.00 & 5.00 in the Assessor’s Office for Bradley County, Tennessee. It is further described as lots 7,8, 9, 10, 11 and 12 of Barker Crossing Subdivision shown in exhibit B. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exbibit A Exhibit B p. 911 REGULAR SESSION AUGUST 10, 2020 PAGE -911- MINUTE BOOK 29 Councilman Cassada moved that Zoning Ordinance No: 2020-28 be voted for passage on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously approved. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2020-29 – Rezoning .76 acres, more or less, located at 4665 Fairfield Farm Rd (Tax Map 34O Group A a portion of Parcel 7.00) from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 absent). ZONING ORDINANCE NO: 2020-29 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District. Approximately .76 acres, more or less, located at 34O Group A a portion of Parcel 7.00 as shown on the attached map. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Vice Mayor Johnson moved that Zoning Ordinance No: 2020-29 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously approved. p. 912 REGULAR SESSION AUGUST 10, 2020 PAGE -912- MINUTE BOOK 29 Mr. Fivas stated at the last meeting staff was asked to gather information on a process appointing a new city judge which was in the work session packet. Councilman Estes stated at the last meeting it was decided we would take applications and going forward we should have a process. He asked that at the next meeting we look at the possibility of producing a policy for future openings for city judge or city attorney and that we have some type of objective eyes from the outside look at this and bring someone to us. He is comfortable moving forward today with the city judge after seeing the applications; just moving forward and long-term he would like to see a process in place that has some external objective review system in place. Possibly an ordinance in two weeks to say this is our process going forward in selecting these two positions. Vice Mayor Johnson asked if everyone received a copy of all the applications and if they willing to move forward today as he was. Vice Mayor Johnson then moved to nominate Richard Banks to be appointed as municipal judge. The motion was seconded by Councilman Hughes. Councilman McKenzie asked if the city’s nepotism policy would apply to a former councilmember or city manager. Mr. Kimball stated you can’t appoint family of a councilmember during their term of office. There is not a period of time after in our current policy. Councilman Estes stated he supports this motion but in two weeks add to the agenda something objective for this process in the future. These are important positions, municipal judge and attorney, especially the city attorney’s job. Councilman May stated our city attorney does a great job and the process we have is how he ended up with the job. We received applications and have made a recommendation for municipal judge. Councilman Estes stated yes, and he is supporting it and in two weeks take it a step further. Councilman Hughes stated he brought it up at the last meeting and would have made a motion today if Vice Mayor Johnson had not. He spoke with three people who had interest in the judgeship and one person, George McCoin agreed Richard Banks was the best choice. We have received applications and the Charter states the City Council will appoint the municipal judge. We don’t need to pass it off to seven attorneys in town to decide and bring something back to us. He does not remember ever taking applications for this position and felt his motion at the last meeting was correct. We are all ready to vote maybe with the exception of one. Councilman McKenzie stated he wasn’t against anyone just wanted to make sure it’s right. Mayor Brooks stated his understanding is the last appointment for city judge, three applications were received. Councilman Hughes stated we never saw those applications in a meeting. We received a name and voted. He is fully in favor of the application process but not for passing this off to a group of attorneys to tell us who to put in the position. Councilman Estes stated he’d like this to be further discussed in two weeks. He is in support of the current motion from Vice Mayor Johnson. Upon roll call, Vice Mayor Johnson, Councilman Hughes, Councilman Estes, Councilman Cassada, Councilman May, and Councilman Webb voted aye. Councilman McKenzie voted no. The motion passed 6:1. Councilman Webb stated refinancing our debt is something we need to be doing on a regular basis when the opportunity arises. He was pleased with the report from Davenport during the work session. He then moved to proceed with Davenport for any available refunding with our city bond issues and for Cleveland Utilities. The motion was seconded Councilman Estes; and upon roll call, unanimously passed. Councilman Estes stated over three hundred people have contacted him regarding the monument over the last month. The image portrayed by the UDC monument, facing defiantly north and that in part of town, is not the image we want our city to portray. This morning, Dr. Ector stated we need messages that elevate and unite us and certainly the monument does not do that. We were given a lot of information from Emancipate Cleveland. It is not a complete picture or comparative data, but those are things that are very important and to many people more important than a monument; things we can work on. This is not a Lee University issue. This is not outsiders or agitators coming to bother us. This is Cleveland. This is us. This represents us and our city. Change is happening. NASCAR, no confederate flag. Mississippi, voting on the confederate flag. Georgia took the confederate flag down. Old Miss changing their flag. Monuments coming down. Our society and culture are changing. Sometimes change is multidirectional not just one direction. We need to thoughtfully think through this on how to go forward. We heard four suggestions this morning and would love to hear other ideas. Dr. Ector saying we need to contextualize it. Sarah Keel said give a 12x12 piece of property to Emancipate Cleveland or similar group to make a statement with art or a symbol. Angelique Harris said use p. 913 REGULAR SESSION AUGUST 10, 2020 PAGE -913- MINUTE BOOK 29 your bully pulpit. Declaring it a nuisance or eminent domain will go straight to court. That’s a difficult road, as the Mayor previously laid out. Dr. Reynoso gave different options and we’re still sorting though, not just the Heritage Act but laws to see what we can really do or if we even have the authority to do what he is asking. Even considering the four choices, can you get four votes. On a personal level, assuming everyone read his article about moving the GAR monument, it was hard because he is familiar with Letter from Birmingham jail, and the idea of a white moderate as written by King and the white northern Pastorate. Both of his kids read his piece before submitting it to the Banner because it was very important because it’s their world, they have to live in. He asked them if he was being a white moderate. Is this just going halfway. He has tried to communicate with everyone that this is going to be a long process. It is not going to be dropped and dragged down the street and it all be over. All the things with Emancipate Cleveland are a whole lot more important going forward. He is not sure what this body can do or even pull off moving the GAR monument, but he thinks we can. The message that would send is so important to the community. We are not saying we don’t want the monument down. We are not saying we are taking sides. We are saying what the Daughters of the Confederacy have there, that’s not the best image for Cleveland. That is not the City with Spirit. We can buffer it with the GAR, put a contextualization plaque there and do more so in the library. We can do many of those things. This is a short- or medium-term solution this body would take. Federal or State government could step in and take it out of our hands. We have a large segment of Cleveland that are ostracized by that. We need to acknowledge it, have courage, and act in some form or fashion and start going in the right direction. Moving the GAR is the right direction to say that we are not represented by the confederate monument as it is symbolized today. He is one vote and wishes there was a better solution, but it will take time. At the next meeting, he will make a motion to do four things; rebuild the GAR to its original design and structure, move it to the north side of the DAR monument, put up a plaque for contextualization and put a whole room in the historic branch of the library for contextualization. There is so much we have learned during this process that needs to be in the library for students to understand. For this body to take a step in the right direction, trying to unite, that is what he hopes for in the next couple of weeks. Vice Mayor Johnson shared his grandmother was from Hollywood, AL and told him they left Alabama because too much lynching was going on. They moved to Cleveland. Forty-two families moved to Cleveland to get away from the lynching in Mississippi and Alabama. Today when he heard Dr. Ector speak it reminded him of his grandmothers’ stories. Hearing the presentations and pain, it reminded him of the first time someone called him about the monument where they didn’t think it needed to be moved and too much history. At first, he agreed, but didn’t know all the history there. When the monument was dedicated one gentleman spoke about the white race being superior over the black race and no equality. He wishes that gentleman was living today to see how this community has a way of coming together. There is still too much pain associated with it. We need to stand up. It will cause criticism, but he has always tried his best to do what is right for the City of Cleveland. This is one time that we need to stand up and whatever it takes, all the pain and memories, we need to stand up for the community. Even back then the community wanted to stand together. We have a great community, and this is the time to get on the side of the underdog and stick together. We have come so far, and we need to try to encourage the people and do the right thing. If it takes moving the monument or whatever we need to do the right thing but not stop there. The history associated with the monument causes so much pain. We need to continue to find a way to come together and move forward. Mayor Brooks thanked the staff for this morning work session and all the presentations. He then asked staff to look into improving the audio on the Facebook live stream, as people are unable to hear. ANNOUNCEMENTS There being no future business the meeting was adjourned at 4:20 p.m. _________________________________ __________________________________ Mayor City Clerk