Cleveland City Council

p. 73 REGULAR SESSION DECEMBER 14, 2020 3:00 P.M. MINUTE BOOK 30 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, DECEMBER 14, 2020 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 65, THIS MEETING WAS CONDUCTED ELECTRONICALLY AND LIVE STREAMED ON THE CITY’S FACEBOOK PAGE IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE. DURING AND 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 (remote), Tom Cassada, David May, Jr. (remote), 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; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner; City Attorney John Kimball and Dustin Roberts, IT Tech. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, who observed a moment of silence for Fire Captain Dustin Samples and Jerry Frazier, both who recently passed away, also remembering their families, 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 November 9, 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 Councilman Webb read the following letter of appreciation to the Cleveland Police Department from Tennessee Wesleyan University. Councilman Hughes added their Police Chief came down and personally thanked Chief Gibson. p. 74 REGULAR SESSION DECEMBER 14, 2020 PAGE -74- MINUTE BOOK 30 Mayor Brooks then recognized the following City Employees for their years of service. [Service Awards were previously distributed.] • 20 Years: Keith Rominger Sandra Oliver Billy Cochran Chris Jacques Jeff Hampton Richard Miller Josh Holder Greg Thomas Roger Cross Scott Wattenbarger • 25 Years: William Durgin Darrell Evans Ron Harrison Chuck Payne Jan Parks John Bivens Dan Hartman Brian Pritchard • 30 Years: Shane Hayes Peggy Hathcock Travis Weber • 35 Years: Tim Myers CITY MANAGER REPORT AND AGENDA REVIEW No reports by Mr. Fivas were given. 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 1.14 acres, more or less, located at Shady Ln and Weeks Dr (described as Tax Map 50G Group I Parcels 1.00 & 2.00) from IL Light Industrial Zoning District to R2 Low Density Single and Multi-family Residential Zoning District (Planning Commission: Approved 6:0; 1 recused, 2 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 of the rezoning. No one spoke. Mayor Brooks then 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 Consolidated Annual Performance Evaluation Report (CAPER) for the 2019-2020 Community Block Grant Program. Mayor Brooks asked if anyone would like to speak in favor of the CAPER. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the CAPER. No one spoke. Mayor Brooks then declared the public hearing to be closed. . p. 75 REGULAR SESSION DECEMBER 14, 2020 PAGE -75- MINUTE BOOK 30 CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2020-33 – heretofore passed on first reading November 9, 2020 and found in Minute Book 30, Page 69; rezoning 3.56 acres located at 450 Walker St NE (Tax Map 049M Group N Parcel 2.00) from UC University Campus Zoning District and IH Heavy Industrial Zoning District to CBD Central Business District (Planning Commission: Approved 8-0; 1 member absent). • Final Passage - Ordinance No: 2020-34 – heretofore passed on first reading November 9, 2020 and found in Minute Book 30, Page 70; amending section 4.E of PUD4 Planned Unit Development regarding the design requirements for Spring Creek Highlands (Planning Commission: Approved 8-0; 1 member absent. • Resolution No: 2020-87 - Approval of the 2019-2020 Consolidated Annual Performance Evaluation Plan (CAPER) for the CDBG Program. RESOLUTION NO: 2020-87 A RESOLUTION APPROVING THE 2019-2020 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT(CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM WHEREAS, the City Council of the City of Cleveland, Tennessee passed a Resolution approving the 2019-20 Annual Action Plan; and WHEREAS, the 2019-2020 Consolidated Annual Performance Evaluation Report (CAPER) has been prepared by City Staff and, and a summary of the same has been made available; and WHEREAS, the City Council desires to approve the 2019-2020 Consolidated Annual Performance Evaluation Report; and NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the 2019-2020 Consolidated Performance Evaluation Report (CAPER) and authorizes the submission to the United States Department of Housing and Urban Development (HUD) Approved 14th day of December 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-88 - Approval of lease agreement with Motorola Solutions for 110 Portable Radios for the Cleveland Police Department. RESOLUTION NO. 2020-88 WHEREAS, the City of Cleveland has been looking at various options for the acquisition for upgraded radios for the Cleveland Police Department; and WHEREAS, after looking at various options, City staff are recommending to the City Council that the City enter into the attached equipment lease-purchase agreement with Motorola Solutions, Inc. to obtain these radios; and p. 76 REGULAR SESSION DECEMBER 14, 2020 PAGE -76- MINUTE BOOK 30 WHEREAS, the City Council desires to approve of this lease purchase agreement with Motorola Solutions, Inc. and to authorize the Mayor to execute the agreement on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached equipment lease-purchase agreement with Motorola Solutions, Inc. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute this agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 14th day of December 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-89 - Authorizing TDOT change order #5 related to the Norman Chapel Road project. RESOLUTION NO. 2020-89 WHEREAS, the City has received the attached contract amendment number 5 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Norman Chapel Road from Adkisson Drive to Peerless Road Agreement Number: 100249 Project Identification Number: 114567.00 State Project Number: 06LPLM-F3-027 Federal Project Number: STP-M-9203 WHEREAS, the City Council desires to enter into the attached contract amendment number 5 with TDOT for the project described herein and in the amendment, and to further authorize the Mayor to execute this contract amendment on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached contract amendment number 5 with TDOT for the project described herein and in the amendment, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 14th day of December, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-90 - Approval of Sub-Recipient Agreement with Community Foundation of Cleveland and Bradley County to provide CDBG COVID funds under the CARES Act for the purpose of responding to, preparing for and the prevention of COVID 19. p. 77 REGULAR SESSION DECEMBER 14, 2020 PAGE -77- MINUTE BOOK 30 RESOLUTION NO. 2020-90 WHEREAS, the City has received CARES Act funding through the Community Development Block Grant (CDBG) program to be used for activities eligible under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the Community Foundation of Cleveland and Bradley County has partnered with various community partners to assist with the Cold Weather Centers for the homeless; and WHEREAS, the activity described herein has been determined to be an eligible CDBG activity under the CARES Act to respond to, prepare for, and aid the prevention of COVID 19; and WHERAS, the City of Cleveland will award up to $10,000 for the activity, and in connection with said funding, the City Council desires to authorize the Mayor to execute a Subrecipient Agreement with the Community Foundation of Cleveland and Bradley County, which Agreement is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the Mayor is hereby authorized to execute the Subrecipient Agreement with the Community Foundation of Cleveland and Bradley County, which Agreement is attached hereto and incorporated herein by reference. This 14th day of December 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-91 – Authorizing the Mayor to sign an agreement with Cleveland Utilities for the Blythe to Blythe sidewalk lighting project. RESOLUTION NO. 2020-91 WHEREAS, the City is in the process of constructing the Blythe-to-Blythe Sidewalk Project; and WHEREAS, the City’s construction of the sidewalk is funded, in part, by a grant, which project is generally identified as the Blythe-to-Blythe Sidewalk Project (hereafter “the Project”); and WHEREAS, as part of this project lighting will be installed along a segment of the Project from 18th Street SE to 20th Street SE; and WHEREAS, Cleveland Utilities has agreed to install the lighting for the City; and WHEREAS, based upon estimates presented to the City by Cleveland Utilities, the total estimated cost for the lighting along this segment of the Project is $29,001.36; and WHEREAS, because the Project is funded in part by grant funds, the agreement between the City and Cleveland Utilities is required to be in writing; and WHEREAS, the City Council desires to enter into the attached agreement with Cleveland Utilities, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. p. 78 REGULAR SESSION DECEMBER 14, 2020 PAGE -78- MINUTE BOOK 30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached agreement with Cleveland Utilities, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 14th day of December 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-94 – Authorizing the Mayor to sign a lease extension with Family Resource Agency for the Blythe-Oldfield School Site. RESOLUTION NO. 2020-94 A RESOLUTION OF THE CITY OF CLEVELAND, TENNESSEE, AUTHORIZING AN EXTENSION OF A LEASE AGREEMENT BETWEEN THE CITY OF CLEVELAND AND THE FAMILY RESOURCE AGENCY, INC. FOR THE BLYTHE AVENUE SCHOOL SITE WHEREAS, the City of Cleveland and Family Resource Agency, Inc. are currently parties to a Lease Agreement entered into effective January 1, 2000, whereby the Family Resource Agency, Inc. has leased from the City the Blythe Avenue Elementary School property; and WHEREAS, the lease has been amended twice, once by Resolution 2010-93 passed on 6/28/2010, and a second time by Resolution 2015-53 passed on 6/22/2015; and WHEREAS, the City Council has been presented with a Memorandum from the City Manager concerning an extension of the lease agreement until June 30, 2021; and WHEREAS, the City of Cleveland and Family Resource Agency, Inc. desire to extend the current Lease, as amended, until June 30, 2021; and WHEREAS, the proposed lease extension agreement between the City and Family Resource Agency, Inc. is attached to this Resolution and incorporated herein by reference; and WHEREAS, the City Council desires to accept the recommendation of the City Manager as outlined in his Memorandum to the City Council and to extend the current Lease Agreement with the Family Resource Agency, Inc. until June 30, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled the City Council hereby approves the lease extension with Family Resource Agency, Inc. until June 30, 2021. BE IT FURTHER RESOLVED that the City Council hereby approves of the Lease extension agreement which is attached hereto and incorporated herein by reference, and the City Council further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 14th day of December 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 79 REGULAR SESSION DECEMBER 14, 2020 PAGE -79- MINUTE BOOK 30 • Resolution No: 2020-95 – Approving the Urban Transportation Planning Grant proposal and authorizing submittal of an application for funding to TDOT. RESOLUTION NO. 2020-95 WHEREAS, the City's Transportation Director has investigated the possibility of the City applying for grant funding through an Urban Transportation Planning Grant through the Tennessee Department of Transportation (TDOT); and WHEREAS, a memorandum prepared by the City's MPO Director along with information about this TDOT Urban Transportation Planning Grant is attached to this Resolution and incorporated herein by reference; and WHEREAS, the City's Transportation Director is recommending to the City Council that the City authorize the application for grant funding through this TDOT program; and WHEREAS, the City Council desires to authorize the City to apply for grant funding for this project and to further authorize the Mayor to execute the grant application and any other documents which may be necessary or appropriate for the City to apply for the grant on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the City’s application for grant funding through this TDOT program and it further authorizes the Mayor to execute the grant application and any other documents which may be necessary or appropriate for the City to apply for the grant. BE IT FURTHER RESOLVED that the Mayor and City staff are further authorized to execute any documents or take other actions as may be necessary or appropriate to accept and implement the grant, should the City be awarded the grant following the grant application. This 14th day of December 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-96 – Approving the purchase of 321 Brown Avenue for future City development. RESOLUTION NO. 2020-96 WHEREAS, the City of Cleveland has been looking at various options for the acquisition of property needed for the future development and extension of the Greenway; and WHEREAS, after looking at various options, the City Manager is recommending to the City Council that the City purchase a parcel of property located at 321 Brown Avenue as outlined in the attached memorandum from the City Manager to the City Council; and WHEREAS, the City Council desires to approve of this purchase as outlined in the Memorandum, and to authorize the Mayor and city staff to execute any documents and take any actions which may be necessary or appropriate to accomplish the purchase on behalf of the City. p. 80 REGULAR SESSION DECEMBER 14, 2020 PAGE -80- MINUTE BOOK 30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the purchase of the property located at 321 Brown Avenue as outlined in the City Manager’s memorandum. BE IT FURTHER RESOLVED that the Mayor and city staff are hereby authorized to execute and documents or take any actions which may be necessary or appropriate to complete the purchase. This 14th day of December 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – 17th/20th Street Sidewalk Project. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: December 14, 2020 RE: Bid Summary – 17th & 20th Street Sidewalk Project SUMMARY: Sealed bids were received on November 12, 2020, for the 17th & 20th Street Sidewalk project. The bids are listed below: • McKinnon Construction $4,400,365.25 ______ • Talley Construction $4,250,282.20 _ _____ • Wilson Construction $3,672,961.17______ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: This is an MPO funded project. RECOMMENDATION: The bid information and letter requesting concurrence to award the contract to the low bidder, Wilson Construction, was submitted to TDOT on November 19th. TDOT has reviewed and denied our request due to an error on the bid form. Based on TDOT’s rejection of the low bid, staff recommends rejecting all bids and rebidding the project. p. 81 REGULAR SESSION DECEMBER 14, 2020 PAGE -81- MINUTE BOOK 30 • Bid Report – Blythe to Blythe Sidewalk Fence Project. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: December 14, 2020 RE: Bid Summary – Blythe to Blythe Sidewalk Fence Project SUMMARY: The City accepted sealed bids for the Blythe to Blythe Fence project on December 8th. No bids were received. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: None. RECOMMENDATION: This project is being rebid. • Bid Report – Avery Johnson Park Restroom and Pavilion. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: December 14, 2020 RE: Bid Summary – Avery Johnson Park Restroom and Pavilion Project SUMMARY: Sealed bids were received on December 8, 2020, for Avery Johnson Park Restroom and Pavilion Project. The bids listed below: • Integrated Properties, LLC Chattanooga, TN $336,669.63 Base Bid___ ($16,569.00) Deduct Alt#1 ($35,335.00) Deduct Alt#2 ($18,766.00) Deduct Alt#3 • Cherokee Construction Cleveland, TN $420,357.00 Base Bid___ $398,007.00_Base Bid + Alt#1 $332,168.00 Base Bid + Alt#2 $354,518.00 Base Bid + Alt#3 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funded by CDBG. p. 82 REGULAR SESSION DECEMBER 14, 2020 PAGE -82- MINUTE BOOK 30 RECOMMENDATION: Staff recommends awarding the contract to the low bidder, Integrated Properties, and accepting their base bid with deductive alternate #3 for a total bid of $317,903.63. • Motion – Supporting TDOT on their J-Turn safety improvement project for 25th Street corridor from Georgetown Road to Vista Drive and authorizing the Mayor to send a letter of support to TDOT. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: December 14, 2020 RE: TDOT J-Turn Project for 25th Street SUMMARY: Recently, TDOT conducted a safety study, looking at crash data, for 25th Street corridor from Georgetown Road to Vista Drive. 25th Street is state owned and maintained street. Generally, TDOT does not need to the City’s consent to make changes to this corridor. After conducting the safety study they identified a dangerous driving configuration at the intersections of Vista Drive and Guthrie Drive. TDOT engineers and planners have proposed the following design to make this corridor safer. In studying the proposed design, the overall vehicle access is unchanged. However, there are a couple instances that a vehicle would have to do a short U-turn movement to head back in the other direction. TDOT does not need the City’s consent on this design, but they have submitted for our review and to make sure that we do not oppose these safety improvements. This project could also include aesthetic changes for this corridor with curb around the island’s along 25th Street. COMMITTEE FINDINGS: None FISCAL ANALYSIS: None RECOMMENDATION: City staff’s recommendation is for the City Council to support this new safety design on 25th Street, and give the Mayor and staff the ability to send a letter to TDOT indicating this safety project would helpful for the City, and work on aesthetic improvements for this corridor. The motion to approve the consent agenda was seconded by Councilman Webb; and upon roll call, the consent agenda unanimously passed. Councilman Hughes left the meeting. UNFINISHED BUSINESS No unfinished business. p. 83 REGULAR SESSION DECEMBER 14, 2020 PAGE -83- MINUTE BOOK 30 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie reported cleanup of the trees and debris at the new school was completed and looks really good. Councilman Cassada inquired about the status of the Candies Lane playground project. Mr. Fivas stated we have applied for a grant...[additional response was inaudible]. Councilman Cassada thanked him and asked that an agreement concerning the project be placed on the January 11, 2021 agenda. Councilman May wished everyone a Merry Christmas and a Happy New Year. Councilman Webb asked for a report on safety issues on Paul Huff Parkway, primarily from I-75 to Frontage Road listing options to increase safety, implementation timeline and funding sources. Mr. Fivas responded yes we should have something for the next council meeting. Councilman Cassada added Paul Huff is to be paved next year as well. Mr. Fivas stated yes that is a part of the MPO program, beginning at Georgetown Road to the Hobby Lobby. Vice Mayor Johnson stated he received a call from Ms. Couch concerning a neighbor on 20th Street that has 14 dogs, 2 turkeys, goats and chickens. Mr. Fivas stated he would look into the property, but he believes all the animals are allowable and we do not have a limit on the number of dogs. Vice Mayor Johnson then inquired about an email he received concerning the MPO 2045 Regional Plan. Mr. Fivas yes, it is open for anyone in the public and we will bring additional information in the future on what projects should be added by the Council. Vice Mayor Johnson stated the extension of Paul Huff Parkway is very important. Currently, there is so much traffic and congestion on Villa and in the Hopewell area. Councilman Cassada added with the MPO 2045 Regional Plan he asked that the Paul Huff 2.0 connector from Spring Branch to Harrison Pike project continued to be discussed in the plan. Mayor Brooks stated today’s consent agenda included the planning phase for that project and it is an incredibly important first step. Vice Mayor Johnson added it would be beneficial as mentioned before to discuss a truck route off 20th Street to Stuart Road from Exit 20 as well. Mr. Fivas stated yes, that is one of Councilman May’s priorities and we are currently looking at options and costs. Mayor Brooks stated on the consent agenda was an agreement with the Community Foundation of Cleveland and Bradley County to provide services especially cold weather housing with CDBG COVID funds through the CARES ACT and he is thankful that the Council supported the resolution and asked to keep moving forward with solutions to cold weather housing and homelessness in general in our community. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution No: 2020-92 - Granting approval to the Board of Public Utilities to institute eminent domain proceedings to acquire an easement for relocation of an overhead electric pole line as a part of the TDOT Highway 60 project. RESOLUTION NO. 2020-92 WHEREAS, the Board of Public Utilities of the City of Cleveland is in the process of relocating an existing 69/13 KV overhead electric pole line as part of the TDOT Highway 60 road widening project (TDOT Project No. 06009-2218-14, Federal No. NH-60(13), PIN # 101430.01); and p. 84 REGULAR SESSION DECEMBER 14, 2020 PAGE -84- MINUTE BOOK 30 WHEREAS, a portion of the relocated overhead power line will run along and parallel to the Highway 60 road right-of-way on the property currently owned by Gary and Brenda Voytik (See Deed Book 2388 Page 733) (Tax Map 033K, Group E, Parcel 003.01); and WHEREAS, an electric power line easement across the referenced parcel is required for the relocation of the electric facilities and the completion of the TDOT road widening project; and WHEREAS, the property owners have indicated that Cleveland Utilities will not be able to obtain the electric easement except through eminent domain; and WHEREAS, pursuant to Section 2-304(b) of the Cleveland Municipal Code, the Board of Public Utilities has the right to exercise the rights of eminent domain, in the name of the City of Cleveland, by and with the consent of the City Council; and WHEREAS, the Board of Public Utilities passed the attached Resolution at its meeting held on December 4, 2020; and WHEREAS, the City Council of the City of Cleveland now desires to grant its consent to and approve of eminent domain proceedings against the property owners listed herein by the Board of Public Utilities in order to obtain the easement described herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City Council hereby consents to and grants approval to the Board of Public Utilities to institute eminent domain proceedings against the property owners listed herein in order to acquire the easement described herein. BE IT FURTHER RESOLVED that the City Attorney or other attorney retained by Cleveland Utilities is hereby authorized to institute eminent domain proceedings in order to acquire the easement described herein. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Resolution No: 2020-92 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2020-93 - Granting approval to the Board of Public Utilities to institute eminent domain proceedings to acquire an easement for relocation of an overhead electric pole line as a part of the TDOT Highway 60 project. RESOLUTION NO. 2020-93 WHEREAS, the Board of Public Utilities of the City of Cleveland is in the process of relocating an existing 69/13 KV overhead electric pole line as part of the TDOT Highway 60 road widening project (TDOT Project No. 06009-2218-14, Federal No. NH-60(13), PIN # 101430.01); and WHEREAS, a portion of the relocated overhead power line will run along and parallel to the Highway 60 road right-of-way on the property currently owned by David Rahamut (See Quitclaim Deed Book 2638, Page 841, See also Deed Book 1726, Page 152) (Tax Map 033N, Group H, Parcel 004.00); and p. 85 REGULAR SESSION DECEMBER 14, 2020 PAGE -85- MINUTE BOOK 30 WHEREAS, an electric power line easement across the referenced parcel is required for the relocation of the electric facilities and the completion of the TDOT road widening project; and WHEREAS, the property owner(s) have indicated that Cleveland Utilities will not be able to obtain the electric easement except through eminent domain; and WHEREAS, pursuant to Section 2-304(b) of the Cleveland Municipal Code, the Board of Public Utilities has the right to exercise the rights of eminent domain, in the name of the City of Cleveland, by and with the consent of the City Council; and WHEREAS, the Board of Public Utilities passed the attached Resolution at its meeting held on December 4, 2020; and WHEREAS, the City Council of the City of Cleveland now desires to grant its consent to and approve of eminent domain proceedings against the property owner(s) listed herein by the Board of Public Utilities in order to obtain the easement described herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City Council hereby consents to and grants approval to the Board of Public Utilities to institute eminent domain proceedings against the property owner(s) listed herein in order to acquire the easement described herein. BE IT FURTHER RESOLVED that the City Attorney or other attorney retained by Cleveland Utilities is hereby authorized to institute eminent domain proceedings in order to acquire the easement described herein. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Resolution No: 2020-93 be accepted as presented. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Zoning Ordinance No: 2020-35 – Rezoning 1.14 acres, more or less, located at Shady Ln and Weeks Dr (described as Tax Map 50G Group I Parcels 1.00 & 2.00) from IL Light Industrial Zoning District to R2 Low Density Single and Multi- family Residential Zoning District (Planning Commission: Approved 6:0; 1 recused, 2 absent). ZONING ORDINANCE NO: 2020-35 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 IL Light Industrial Zoning District to R2 Low Density Single and Multi-family Residential Zoning District. Approximately 1.14 acres, more or less, located at 50G Group I Parcels 1.00 & 2.00 as shown on the attached map. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. p. 86 REGULAR SESSION DECEMBER 14, 2020 PAGE -86- MINUTE BOOK 30 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 Ordinance No: 2020-35 be approved on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Councilman Cassada moved to excuse Councilman Hughes from the latter portion of the meeting. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. City offices will be closed as follows: • Wednesday, December 23, Thursday, December 24 and Friday, December 25 for the Christmas Holiday. • Thursday, December 31 and Friday, January 1 for the New Year’s Holiday. (Due to the Christmas Holiday Week, the December 28 meeting will be cancelled.) b. The next City Council meeting will be held on Monday, January 11, 2021. There being no future business the meeting was adjourned at 3:37 p.m. _________________________________ __________________________________ Mayor City Clerk