Cleveland City Council

p. 137 REGULAR SESSION FEBRUARY 8, 2021 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, FEBRUARY 8, 2021 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 71, 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 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; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner; Beverley Lindsey, Executive Assistant; Sue Zius, Assistant to the Mayor; City Attorney John Kimball and Kris Miller, IT Director. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor 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 January 25, 2021 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 Lauren Thacker and Ellie Fivas presented details to the City Council concerning the proposed Cleveland Youth Advisory Council. The Council would consist of 15-17-year-old Cleveland residents and each Councilmember would appoint up to 3 residents from their district for a total of 24 positions. They will have monthly meetings and advise the City Council on the youth perspective on issues related to the youth population in Cleveland. The organization will also select service projects to benefit the residents of Cleveland. If approved by the City Council, city staff will assist the Youth Council in getting the program off the ground. Councilman Webb stated it is refreshing to see youth come forward that want to be a part of what is happening in Cleveland. He will make a motion under new business for the concept to be approved and allow them to complete their research and setting the organization up. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated that today’s meeting is being held concerning a request by the Whirlpool Corporation to abandon several unopened rights-of-way located within the block bounded by 4th Street Se, 6th Street SE, King Edwards Ave SE and Cincinnati Ave SE (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the abandonment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the abandonment. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Resolution 2021-11 – Authorizing the purchase and donation of a vacant lot on Wilson Avenue to City Fields and further authorizes the Mayor to sign a subrecipient agreement with City Fields of Cleveland. p. 138 REGULAR SESSION FEBRUARY 8, 2021 PAGE -138- MINUTE BOOK 30 RESOLUTION 2021-11 WHEREAS the City Council previously passed a Resolution approving the 2019-2020 Annual Action Plan for the use of Community Development Block Grant (CDBG) funds; and WHEREAS one of the stated goals of this plan is to increase the availability of affordable housing within the CDBG target area of Cleveland; and WHEREAS, in connection with the implementation of this plan, the City will be purchasing a vacant lot on Wilson Avenue which is within the CDBG target area; and WHEREAS, City Fields, Inc. is involved in CDBG eligible activities within the City of Cleveland and specifically the CDBG target area, and City Fields, Inc. has access to funds which will allow City Fields, Inc. to construct a home and sell the same to a qualified (low to moderate income) buyer; and WHEREAS the City’s Community Development Block Grant Coordinator is requesting approval to purchase the property and the approval to donate the property to City Fields, Inc. so it can made available for sale to a qualified buyer; and WHEREAS, the City will enter into a subrecipient agreement with City Fields that requires a deed restriction once the property is improved by City Fields, Inc. and ready to be sold that it must be sold to a qualified buyer and that the property may not be thereafter sold or transferred for a period of five years to insure that the goal of creating affordable housing within the CDBG target area is met; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, hereby approves the purchase of the vacant lot, approves the donation of property to City Fields, Inc. and approves the sub-recipient agreement; and BE IS FURTHER RESOLVED the Mayor is hereby authorized to execute any documents which may be necessary or appropriate to purchase the property and the transfer of the property to City Fields, Inc. This 8th day of February, 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-12 – Authorizing the Mayor to sign contract amendment 1 with TDOT related to Resurfacing and Safety on Paul Huff Parkway and Stuart Road. RESOLUTION 2021-12 WHEREAS, the City has received the attached contract from the Tennessee Department of Transportation, (hereafter “TDOT”) for the project described below; and Project: Resurfacing and Safety on Paul Huff Parkway N.W. and Stuart Road N.E. Agreement Number: 200153 Project Identification Number: 130477.00 Federal Project #: STP-M-NH-9203(26) p. 139 REGULAR SESSION FEBRUARY 8, 2021 PAGE -139- MINUTE BOOK 30 State Project #: 06LPLM-F3-082 WHEREAS, the City Council desires to enter into the attached contract with TDOT for the project described, and to further authorize the Mayor to execute this contract 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 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 8th day of February 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-13 – Authorizing the Mayor to sign a contract with Volkert, Inc for CEI Services related to 17th and 20th Sidewalk Project. RESOLUTION 2021-13 WHEREAS, the City is proceeding with a project generally described as the Construction of Sidewalks, Drainage and Resurfacing of sections of 17th and 20th Streets, Federal Project #STP- M-9203(21), State Project #06LPLM-F3-036, PIN: 118870.00; and WHEREAS, City staff have received an agreement from Volkert, Inc., a professional engineering firm with offices in Chattanooga, Tennessee, to provide construction engineering and inspection (CEI) services for this project, which agreement is attached hereto and incorporated herein by reference; and WHEREAS, City staff are recommending that the City enter into this contract with Volkert, Inc. for these CEI services for this project; and WHEREAS, the City Council desires to approve of this Contract with Volkert, Inc. for CEI services for this project and to authorize the Mayor to execute this Contract 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 with Volkert, Inc. for CEI services the referenced project, and the City Council further authorizes the Mayor to execute this Contract with Volkert, Inc. on behalf of the City. This 8th day of February 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-14 – Authorizing the Mayor to sign lease agreement between the City of Cleveland Board of Education and Lee University to lease green space for student recreational and intramural activities near Mayfield School. p. 140 REGULAR SESSION FEBRUARY 8, 2021 PAGE -140- MINUTE BOOK 30 RESOLUTION 2021-14 WHEREAS, the City of Cleveland is the titled owner of a parcel of land generally identified as the Mayfield School property, Tax Identification Number 050H-A-014.02; and WHEREAS, the referenced property is titled in the name of the City of Cleveland for the use and benefit of the City of Cleveland Board of Education; and WHEREAS, the property is under the day-to-day control of the Cleveland Board of Education; and WHEREAS, the Cleveland Board of Education has been approached by Lee University about leasing the western portion of this property to be used by Lee University for green space for student recreational and intramural activities; and WHEREAS, the maintenance and upkeep of this area of green space would be the responsibility of Lee University under the lease agreement; and WHEREAS, the Cleveland Board of Education approved the attached lease agreement with Lee University for this property at the school board meeting held on February 1, 2021; and WHEREAS, the Cleveland Board of Education is now requesting that the City Council approve of the Lease agreement because the City is the titled owner of the property; and WHEREAS, the City Council desires to accept the recommendation of the Cleveland Board of Education and approve of this lease agreement with Lee University 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 lease agreement with Lee University, Inc. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute this agreement on behalf of the City of Cleveland. This 8th day of February 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Update – HVAC Contract Extension TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: February 8, 2021 RE: Contract Extension – HVAC Service SUMMARY: Joe Bell (Bell Heating & Air) has agreed to extend the current contract for HVAC services for an additional two-year period. COMMITTEE FINDINGS: No Board or Committee findings. p. 141 REGULAR SESSION FEBRUARY 8, 2021 PAGE -141- MINUTE BOOK 30 FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends approving the contract extension. The term will begin on March 1, 2021, and end February 28, 2023. The motion to approve the consent agenda was seconded by Councilman Estes. Councilman Estes then stated he has an indirect conflict of interest as he is on the Board of City Fields and an employee of Lee University, which does not affect his vote. Upon roll call, the consent agenda unanimously passed. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May inquired about the start date on the 17th/20th Street Sidewalk project. Mr. Fivas stated today you are approving the CEI Services and should put us 45-days out from moving dirt. Secondly, Councilman May asked for the people who are not selected for the District 1 seat that a letter of appreciation be sent. Mr. Fivas stated yes, they will send something out tomorrow. Councilman Webb inquired about the status of 3614 Crestwood Drive. Mr. Divel stated that was referred to Codes Enforcement. Mr. Fivas responded that the biggest issue is it is under bankruptcy and we are working with the bank. Councilman Webb stated yes, any help there and the neighborhood will be appreciative. Secondly, the intersection at Blackburn Road/APD40 could the area be reviewed for left turn signal off Blackburn Road onto APD40. Mr. Fivas responded staff was already in the process of studying the intersection and looking at different variables and options. Councilman Webb stated yes, that is a safety concern. Vice Mayor Johnson stated he would like to further discuss with Mr. Fivas the left turn at South Ocoee and all congestion in the area. Mr. Fivas replied yes, he will contact him tomorrow. Councilman Estes thanked everyone for taking the time to take them through the Summit. Being a visual person, seeing firsthand what is planned was very helpful. Mayor Brooks also thanked staff for the Summit tour it was very helpful. Also, while looking down from the tall vista he noticed the TDOT sign is still in the parking lot in the front entrance of one of the homeowners there on Inman Street. We mentioned a few meetings ago that we would check since the State installed it but it is very large and very close from her residential entrance. He asked staff to follow up again with the State. NEW BUSINESS AND ORDINANCES Councilman May moved to give city staff approval to start the Downtown Initiative Plan regarding marketing the Summit and improvements to Johnston Park. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-09 - 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. p. 142 REGULAR SESSION FEBRUARY 8, 2021 PAGE -142- MINUTE BOOK 30 RESOLUTION 2021-09 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 Brandon Chad McKeel and Karen Elizabeth Wittum (See Deed Book 1455 Page 342) (Tax Map 033N, Group H, Parcel 002.00); 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 January 29, 2021; 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 2021-09 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-10 – Amending the Charter of the City of Cleveland pertaining to Article IV, Section 7, Vacancies. p. 143 REGULAR SESSION FEBRUARY 8, 2021 PAGE -143- MINUTE BOOK 30 RESOLUTION 2021-10 A RESOLUTION AMENDING THE CHARTER OF THE CITY OF CLEVELAND PERTAINING TO ARTICLE IV, SECTION 7, VACANCIES WHEREAS, Article IV, Section 7 of the Cleveland City Charter sets forth the legal requirements and procedures for filling a vacancy on the City Council and the office of the Mayor; and WHEREAS, the City Council believes that the public interest would be served by changing the time to fill a vacancy from the current time frame of thirty (30) days to sixty (60) days; and WHEREAS, the City Council believes that the current City Charter provision should be clarified to state specifically that a vacancy must be declared at the next regular City Council meeting following the occurrence of any of the events described in the City Charter which create a vacancy; and WHEREAS, the City Council of the City of Cleveland desire to amend this section of the City Charter to accomplish these two purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, this 8th day of February 2021, that the local legislative delegation is hereby requested to have prepared, introduced and passed a Private Act of the Tennessee General Assembly that amends the City Charter of the City of Cleveland, Tennessee, Article IV, Section 7, Vacancies, to read as follows: Section 7. Vacancies. A vacancy shall exist, and the city council shall declare the same, by resolution, if the mayor or a council member either resigns, dies, moves their residence from the city or a respective councilmanic district, is convicted, of malfeasance or misfeasance in office, a felony, a violation of this charter or election laws of the state, or a crime involving moral turpitude, or fails to attend three (3) consecutive regular meetings of the city council without being excused by a majority vote of the city council present and voting. Abstentions shall be counted neither as a yes nor a no vote. Provided, however, that no member of the city council can resign his or her position for the purpose of being appointed to a longer term on the city council. A vacancy shall be declared at the next regular meeting of the city council following the occurrence of an event which results in a vacancy. Any vacancy in the city council or the office of mayor shall be filled by appointment made by the remaining members thereof, and the council member so appointed shall be a qualified resident of his or her respective councilmanic district for district positions or the City of Cleveland for the at large positions or the office of mayor and shall serve until the next general city election. The successor elected in the general city election shall serve the remainder of the unexpired term. In the event of the occurrence of any vacancy in the city council or the office of mayor which may, under the provisions of this section, be filled by appointment by the remaining council members, and such remaining council members shall fail or neglect to fill search vacancy within thirty (30) sixty (60) days of its occurrence, it shall be the duty of the election commissioners of Bradley County, upon certification of such facts to them by the mayor or any council member, to call and cause to be held, as hereinabove provided, a special election for the purpose of filling search vacancy for the remainder of the unexpired term, provided such certification be made to the election commissioners for Bradley County within sufficient time to permit the holding of such special election at least one hundred eighty (180) days prior to the general city election. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 144 REGULAR SESSION FEBRUARY 8, 2021 PAGE -144- MINUTE BOOK 30 Councilman Hughes moved that Resolution 2021-10 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance 2021-04 – Amending Section 8-315 of the Municipal Code related to Certificates of Compliance for existing Liquor Stores. ORDINANCE 2021-04 AN ORDINANCE TO AMEND SECTION 8-315 OF THE CLEVELAND MUNICIPAL CODE RELATIVE TO CERTIFICATES OF COMPLIANCE FOR EXISTING LIQUOR STORES WHEREAS, the City of Cleveland has nine (9) liquor stores currently in operation within the corporate limits of the City of Cleveland; and WHEREAS. one of the owners of one of the local liquor stores, specifically Carey Robertson, has contacted the City about obtaining a new certificate of compliance due to a proposed change of ownership of the liquor store from a sole proprietorship to a two- member limited liability company consisting of her and her father, Tom Robertson; and WHEREAS, the rules and regulations of the Tennessee Alcoholic Beverage Commission (TABC) would allow an existing liquor store permit holder that is already in business to apply for a new permit, such as Carey Robertson, with the TABC due to a change in ownership, but only after obtaining a new certificate of compliance from the local jurisdiction where the store is located; and WHEREAS, the City Council desires to amend Section 8-315 of the Cleveland Municipal Code to add a new subsection to establish a process whereby an existing liquor store permit holder for a liquor store business that is already in existence may obtain a replacement certificate of compliance due to a proposed change in ownership, so long as the new owners meet all applicable requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED: SECTION 1: Section 8-315 of the Cleveland Municipal Code is amended by adding the following new subsection to be numbered 8-315(e): 8-315 (e) Issuance of a replacement certificate of compliance for an existing liquor store due to a proposed change in ownership The owner(s) of a liquor store that is currently permitted by the State of Tennessee Alcoholic Beverage Commission and is currently in operation within the City of Cleveland may apply for a replacement certificate of compliance from the City of Cleveland if they proposed to change the ownership of the liquor store, provided they comply with the following requirements: 1. The owners must submit the application for the replacement certificate of compliance on a form provided by the City Clerk’s office listing all of the new owner(s). 2. The owners must pay an application fee of $250 to the City of Cleveland. 3. The owners must comply with all of the applicable rules and regulations of the Tennessee Alcoholic Beverage Commission concerning the proposed change in ownership of the liquor store. p. 145 REGULAR SESSION FEBRUARY 8, 2021 PAGE -145- MINUTE BOOK 30 SECTION 2: Nothing in this subsection is intended to increase the number of liquor stores within the City of Cleveland. SECTION 3. This ordinance shall take effect upon 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 Councilman May moved that Ordinance 2021-04 be approved on first reading. The motion was seconded by Vice Mayor Johnson. Councilman Estes thanked Mr. Kimball for clarifying State Rules and Regulations concerning ownership of no more than 2 stores in the State. He then asked that the email correspondence be included in the minutes from Mr. Stepp. Upon roll call the unanimously passed. From: John Kimball <KimballLawfirm@bellsouth.net> Date: February 8, 2021 at 3:06:32 PM EST To: Joshua Stepp <Joshua.Stepp@tn.gov> Subject: Re: [EXTERNAL] Question about liquor stores Thank you. Appreciate your help. On Feb 8, 2021, at 2:58 PM, Joshua Stepp <Joshua.Stepp@tn.gov> wrote: Aw, I get it now and sorry about that! No, they can't have interests in more than two stores anywhere in the state, whether they are all in the same city or in different cities. The only exception is that for almost two years (from summer 2014 to April 12, 2016) there was no limit on the number of stores in the state, so there were a few people (only two or three if I remember correctly) that had gotten a third store during that time and are grandfathered in, but that's the only exception. Also, in cases where a city only allows 2 or 3 stores, then a person can't have interests in more than one store in that city, though they could still have a second store in a different city. Below are the statutes on this. In (a)(3) this prohibits a person from having interests in more than half of the stores in a city, but due to the 2 store limit, then that really only has any effect when a city caps the number of stores to 2 or 3, because even if a city allowed 10 stores, then a person could still not own more than two stores in that city (or if the person already owned another store outside the city, then they could only get one store in the city, because the two store cap applies statewide). 57-3-406 (a)(2) Except as provided in this subsection (a), nothing shall prohibit the holder of a retail license from having more than one (1) retail license; provided, however, that the holder of a retail license shall not have more than two (2) retail licenses. If the commission has issued more than two (2) licenses to any person prior to April 12, 2016, such person shall be allowed to continue to have all such licenses and may renew all such licenses. (3) In any municipality or county in which the issuance of two (2) or more retail licenses have been authorized under § 57-3-208(c), no retail licensee shall hold more than fifty percent (50%) of the licenses authorized for issuance in such municipality or county. Joshua Stepp | Commission Counsel Tennessee Alcoholic Beverage Commission Davy Crockett Tower, 3rd Floor 500 James Robertson Parkway, Nashville, TN 37243 p. 615-741-8916 Joshua.Stepp@tn.gov tn.gov/abc p. 146 REGULAR SESSION FEBRUARY 8, 2021 PAGE -146- MINUTE BOOK 30 The following Ordinance was then presented in full: • Ordinance 2021-05 – To abandon several unopened rights-of-way located withing the block bounded by 4th Street Se, 6th Street SE, King Edwards Ave SE and Cincinnati Ave SE (Planning Commission: Approved 8-0; 1 absent). ORDINANCE 2021-05 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of- way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right-of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: Beginning at the northeast corner of the intersection of King Edward Avenue and an unopened portion of 5th street; thence south 42 degrees 41 minutes 46 seconds west, 438.04 feet to a point; thence north 35 degrees 11 minutes 3 seconds west, 150 feet to a point; thence south 42 degrees 41 minutes 46 seconds east, 20 feet to a point; thence south 35 degrees 11 minutes 3 seconds west, 150 feet to a point; thence south 42 degrees 41 minutes 46 seconds east, 287.28 feet to a point, said point being located in the southeast corner of the intersection of the unopened portion of 5th Street and Cincinnati Avenue; thence crossing the unopened right of way in a south westerly direction 15 feet to the southwest corner of the intersection of the unopened right of way of 5th Street and Cincinnati Avenue; thence north 42 degrees 41 minutes 46 seconds west, 288.96 feet to a point; thence south 50 degrees 14 minutes 14 seconds west, 153.64 feet to a point, said point being the south east corner of the intersection of an unopened right of way and 6th Street; thence in a northerly direction 20 feet to the northeast corner of the intersection of the unopened right of way and 6th Street; thence north 50 degrees 14 minutes 14 seconds east, 152.62 feet to a point; thence north 42 degrees 41 minutes 46 seconds west, 200.28 feet to a point; thence south 50 degrees 14 minutes 14 seconds west, 142.37 feet to a point, said point being the southeast corner of the intersection of 6th Street and an unopened alley; thence in a northerly direction 20 feet to the northeast corner of the intersection of 6th Street and on unopened alley; thence north 50 degrees 14 minutes 14 seconds east, 141.35 feet to a point; thence north 42 degrees 41 minutes 46 seconds west, 218.01 feet to a point, said point being the southwest corner of the intersection of King p. 147 REGULAR SESSION FEBRUARY 8, 2021 PAGE -147- MINUTE BOOK 30 Edward Avenue and the unopened section of 5th Street; thence in an easterly direction 20 feet to the point of beginning. 2. RETENTION OF EASMENTS: The City shall retain an easement to maintain access to public electric facilities as long as they remain in place. 3. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 4. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 5. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading and after the time that any parcel which does not currently have road frontage is re-platted to obtain the necessary frontage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 148 REGULAR SESSION FEBRUARY 8, 2021 PAGE -148- MINUTE BOOK 30 Exhibit B Vice Mayor Johnson moved that Ordinance 2012-05 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Webb moved to approve the Cleveland Youth Advisory Council Program. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Mayor Brooks stated the next item is the appointment for the 1st District City Council position. Interviews were conducted during the Work Session for the eight applicants and now we need a motion to fill the unexpired term for District 1. Councilman Cassada stated the 1st District believed in somebody, voted for somebody and that somebody was Charlie McKenzie. Knowing Charlie and the situation he wanted Marsha to fulfill his unexpired term as she stated. Councilman Cassada then moved to honor Councilman McKenzie’s request to Marsha and that Marsha McKenzie fill the vacancy of the 1st District seat for the rest of term. The motion was seconded by Councilman Webb. Vice Mayor Johnson stated he feels Ms. McKenzie will do us well. Councilman Cassada stated he would like to commend each applicant for offering to serve our City. Upon roll call, the motion was unanimously passed. Mayor Brooks asked for a three-minute recess at 3:45 to prepare the Oath of Office. Mayor Brooks called the meeting back to order at 3:48. Mayor Brooks stated we all would like to thank each applicant for expressing interest in the 1st District seat. Councilman Estes thanked them for taking the time to apply and asked them all to stay involved. The whole process re-centers the Council as well to make Cleveland better. Councilman Cassada also thanked everyone for applying. He also encouraged them to stay involved and possibly run in two years. He is inspired to see this many people come forward from their district and want to be involved with their City. Councilman May echoed the comments and added it is wonderful that so many people want to be involved. Councilman Hughes thanked everyone for coming and the interest is appreciated. Get involved with committees and initiatives of Cleveland. Councilman Webb thanked everyone for stepping forward offering to serve. It is a commitment of time and effort. He is happy to see eight people step forward showing interest in their District. As Councilmembers, we need to hear from you, your issues and concerns. Vice Mayor Johnson thanked everyone for applying. You are all qualified and we appreciate you all stepping forward. Mayor Brooks thanked everyone as well and said he was once where they stood, putting himself forth and wanting to serve the City. He then announced the City Council has voted to appoint Marsha McKenzie to fill the remainder of the term for District 1. p. 149 REGULAR SESSION FEBRUARY 8, 2021 PAGE -149- MINUTE BOOK 30 Mayor Brooks then administered the Oath of Office to Ms. McKenzie and welcomed her to the City Council. ANNOUNCEMENTS Mayor Brooks announced the following: • City Offices will be closed Monday, February 15 in observance of Presidents’ Day. • The next City Council meeting will be held on Monday, February 22, 2021. There being no future business the meeting was adjourned at 3:55 p.m. _________________________________ __________________________________ Mayor City Clerk