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Cleveland City Council

Regular Meeting

Cleveland, TN · May 24, 2021

AgendaMinutes

Minutes

p. 241 REGULAR SESSION MAY 24, 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, MAY 24, 2021 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson, Councilmen Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. 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, Assistant to the City Manager; Sue Zius, Assistant to the Mayor; City Attorney John Kimball; Coty Smith, IT Network Administrator; Police Chief Mark Gibson; Patti Pettit, Parks and Recreation Director; Robert Varnell, Transportation Planner; Sharon Marr with Mainstreet Cleveland; Doug Berry and Mike Griffin with the Chamber of Commerce; Rachel Clayton, Accountant; Chris Townsend and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag by Representative Mark Hall and prayer by Representative Dan Howell, 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 May 10, 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 Representative Mark Hall presented the following State Proclamation Honoring the late Councilman Charlie McKenzie. HOUSE JOINT RESOLUTION 33 By Hall A RESOLUTION to honor the memory of Charles M. McKenzie ofCleveland. WHEREAS, the members of this General Assembly were greatly saddened to learn ofthe passing of Charles M. McKenzie; and WHEREAS, Charles M. “Charlie” McKenzie was an exemplary public servant and consummate professional who worked assiduously to improve the quality of life for his fellowcitizens in numerous capacities; and WHEREAS, a lifelong resident of Cleveland, Mr. McKenzie was a graduate of ClevelandHigh School and a member of the Church of God by faith; and WHEREAS, for almost four decades, Charlie McKenzie served as a bus driver forBradley County Schools and owned and operated Furniture Warehouse; and WHEREAS, Mr. McKenzie was a highly respected law enforcement official who servedas constable for twelve years, a City of Cleveland police officer for three years, and a Bradley County sheriff's deputy; and WHEREAS, Charlie McKenzie represented the citizens of District 1 on the ClevelandCity Council and was known for his service to others, his kindness, and his dedication to his community; and WHEREAS, he was also deeply devoted to his family, and he always endeavored toremain true to family values of the highest order; and p. 242 REGULAR SESSION MAY 24, 2021 PAGE -242- MINUTE BOOK 30 WHEREAS, Charlie McKenzie enjoyed the loving companionship of his wife of twentyyears, Marsha Renee McKenzie; he was the proud father of Steve (Melanie) Murray and the devoted grandfather of J.D. Murray, Kiersten (Andrey) Belyy, and Miranda Goff, and he was eagerly awaiting the birth of his great-granddaughter, Esther Belyy; and WHEREAS, he was preceded in death by his parents, Kermit and Icye McKenzie; hisbrother; his grandparents, Elisha and Sally Green McKenzie and William and Mattie Black Mason; and his special friend, John Edgar Brown; and WHEREAS, Charlie McKenzie leaves behind an indelible legacy of integrity and probityin public life, compassion and loyalty in private life, and diligence and dedication in all his chosen endeavors; and WHEREAS, it is fitting that the members of this General Assembly should pause to remember the bountiful life of this exceptional public servant and human being; now, therefore, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED TWELFTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that we honor the memory of Charles M. McKenzie, reflecting fondly upon his impeccable character and his stalwart commitment to living the examined life with courage and conviction. BE IT FURTHER RESOLVED, that we express our sympathy and offer our condolencesto the family of Mr. McKenzie. BE IT FURTHER RESOLVED, that an appropriate copy of this resolution be prepared for presentation with this final clause omitted from such copy and upon proper request made tothe appropriate clerk, the language appearing immediately following the State seal appear without House or Senate designation. Michelle Goldston addressed the City Council concerning a possible ordinance for District 2 for limitations on farm animals not allowed in the city limits. She spoke at the previous meeting and Mr. Fivas and Chief Gibson did look into the issues, but it appears additional action needs to take place. She then asked if the landlords that are dumping debris inside the limits have been fined. Mr. Fivas replied staff is currently looking into the issue. Ms. Goldson added perhaps the pickup dates need to be changed for particular areas. Sonya Pugh at 729 1st Street NE stated she has been trying to get a curb repaired on Berry Street since January to help with flooding. Councilman Estes stated photos have been turned in and a work order has been issued. Staff says it will be completed this summer. Mr. Fivas stated yes, it will be completed once staff transitions off the Candies Lane project, which should happen this week. Elise Goldston stated she is the direct neighbor from 911 2nd Street NE. The property has been an ongoing issue since 2013 with boats, cars and now farm animals. Neighbors can’t sit outside due to the smell. She would like something done for her family and the elderly neighbors. Councilman Cassada stated he did look up animal feces and asked if the health department could get involved. Mr. Fivas stated we can turn it into them and it would be their discretion on what to do. Councilman Estes stated he would like staff to look at other cities and their ordinances on how to handle farm animals. Mr. Kimball stated other cities do regulate other kinds of animals and examples can be brought back. If you want to discuss goats, one of the issues you will have to address is livestock goats verses the pigmy goats that are small and people have as pets. Generally speaking, cities do not have authority to zone agriculture use and eliminate agriculture through zoning. You have your police powers where you can prohibit, like to do with swine, you can prohibit specific breeds of animals. Mr. Fivas stated we have nuisance ordinances that could take effect regarding the odor, without touching on the types of animals. p. 243 REGULAR SESSION MAY 24, 2021 PAGE -243- MINUTE BOOK 30 Councilwoman McKenzie inquired about the number of animals a person can have on a lot. Mr. Fivas replied no. Councilwoman McKenzie asked is there anything we can do to limit the number of animals. She then asked if there was a current limit on the number of dogs and cats someone can have. Mr. Fivas replied no. Mr. Kimball stated most cities chose to deal with the negative effects of too many animals, rather than placing an arbitrary limit, one or two cities in Tennessee cap the number of dogs at five. Most would say that’s too many and that is why Cleveland has ordinances already on the books that deal with the effects of too many, the noise, the smell, the cleanliness of the lot for the animals and their shelter. If you limit the number of animals people can have city-wide, you have to take into consideration dog breeders and such. That is why cities generally do not cap the number of dogs and leave it to the number of “effects” that come with having too many, typically noise, odor and care of the animals. You can set a limit on the number of animals, say we don’t want people to have more than five dogs on their property but understand that are many different neighborhoods in Cleveland and when you make one rule, it’s for the five acre wooded lot with no close neighbors and also small lots with neighbors 25-feet away, so those are the things you need to think about. Mayor Brooks stated at the next meeting perhaps we can have a list of ordinances we currently have and options from other cities. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2022 Budget. Mayor Brooks asked if anyone would like to speak in favor of the approval of the budget. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the budget. Mayor Brooks then declared the public hearing to be closed. CONSENT AGENDA Mr. Fivas reviewed the items listed on the consent agenda. He thoroughly reviewed the agreement with Henderson, Hutcherson & McCullough, PLLC for the redevelopment of 266 Inman Street. It has been conveyed to Bradley County that they would like to purchase the Fire/Rescue building but it is not connected to this purchase. We are receiving bids for asbestos abatement costs but we will not be doing the abatement ourselves but by approving this agreement you will give HHM payment for the lowest cost and they will do the abatement themselves with their contractors. Councilman May agreed we should be out of the process. Councilman Estes thanked staff, this is the type of partnership we need to bring long-term professionals to downtown. Councilman Hughes inquired about parking. Mr. Fivas stated we have a diagram and we have certainty that we can meet the qualifications to provide the requested parking spaces immediately. Councilman Estes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, the consent agenda unanimously passed. • Final Passage - Zoning Ordinance 2021-11 – heretofore passed on first reading May 10, 2021 and found in Minute Book 30, Page 233; rezoning 4.11 acres, more or less, located at 184 Durkee Rd NE (Tax Map 58F Group D Parcels 19.00, 20.00, 21.00, 22.00, 23.00) from IL Light Industrial Zoning District to IH Heavy Industrial Zoning District (Planning Commission: Approved 6-0; 3 absent). • Final Passage - Zoning Ordinance 2021-12 – heretofore passed on first reading May 10, 2021 and found in Minute Book 30, Page 234; rezoning 6.02 acres, more or less, located at Benton Pike and Durkee Rd (Tax Map 58 Parcel 78.00) from IH Heavy Industrial Zoning District to MU Mixed Use Zoning District (Planning Commission: Approve 6-0; 3 members absent). p. 244 REGULAR SESSION MAY 24, 2021 PAGE -244- MINUTE BOOK 30 • Final Passage - Ordinance 2021-13 – heretofore passed on first reading May 10, 2021 and found in Minute Book 30, Page 235; amending Section 2.12 of the Zoning Ordinance concerning the development standards within the CBD Central Business District Zoning District (Planning Commission: Approved 6-0; 3 absent). • Resolution 2021-37 – Authorizing the Mayor to sign contract amendment #7 with TDOT related to the sidewalk project along Wildwood/Dalton Pike. RESOLUTION 2021-37 WHEREAS, the City has received the attached grant contract amendment seven from the Tennessee Department of Transportation, (hereafter “TDOT”) for the project described below; and Project: Dalton Pike/Wildwood MMA Grant Agreement Number: 140160 Project Identification Number: 120322.00 WHEREAS, the purpose of the amendment is to extend the contract completion date until September 25, 2022; and WHEREAS, the City Council desires to enter into the attached grant contract amendment seven with TDOT for the project described, 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 grant contract amendment seven with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [agreement on file.] This 24th day of May 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-38 – Authorizing the Mayor to sign a Deed of Correction for Cleveland Utilities. RESOLUTION 2021-38 WHEREAS, the City of Cleveland, by Bill of Sale and Quitclaim Deed dated March 11, 2002, and recorded in Deed Book 1562, page 190, in the office of the Register of Bradley County, Tennessee, quitclaimed to the Tennessee Valley Authority (TVA), the easements and rights-of- way appurtenant to Cleveland Utilities’ and Volunteer Electric Cooperative’s East Cleveland- Georgetown 69-kV Transmission Line; and WHEREAS, said Bill of Sale and Quitclaim Deed contained an error in the description of the easements and rights-of-way to be quitclaimed thereby in that it omitted the easements and rights-of-way designated on TVA’s records as US-TVA Tracts ECG-5, ECG-6, and ECG-7; and WHEREAS, Cleveland Utilities has recently provided the City with the attached deed of correction prepared by TVA's legal counsel in order to correct the description in the 2002 bill of p. 245 REGULAR SESSION MAY 24, 2021 PAGE -245- MINUTE BOOK 30 sale and quitclaim deed, and Cleveland Utilities has requested that the City Council approve of the same; and WHEREAS, the City Council of the City of Cleveland desires to approve of the deed of correction, and to authorize the Mayor to execute the same 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 deed of correction and hereby authorizes the Mayor to execute the same on behalf of the City. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-39 – Authorizing the Mayor to sign an agreement with Henderson, Hutcherson & McCullough, PLLC for the 266 Inman Street Redevelopment Project. RESOLUTION 2021-39 WHEREAS, the City of Cleveland previously received a proposal from Henderson, Hutcherson & McCullough PLLC pertaining to the re-development of property located at 266 Inman Street; and WHEREAS, the City Manager has attached a memo to the City Council recommending that the City Council approve of the attached development agreement with Henderson, Hutcherson & McCullough PLLC; and WHEREAS, the City Council desires to approve the attached development agreement with Henderson, Hutcherson & McCullough PLLC and to further authorize the Mayor to execute the same 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 development agreement with Henderson, Hutcherson & McCullough PLLC, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [agreement on file.] This 24th day of May, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-40 – Authorizing the development and submission of a grant application with TDOT for planning and preliminary design of a downtown connector. p. 246 REGULAR SESSION MAY 24, 2021 PAGE -246- MINUTE BOOK 30 RESOLUTION 2021-40 RESOLUTION TO AUTHORIZE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION FOR PLANNING AND PRELIMINARY DESIGN OF A DOWNTOWN CONNECTOR TO BETTER SERVE THE NEEDS OF DOWNTOWN TRAFFIC INCLUDING USERS OF ALL MODES AND TO SUPPORT DOWNTOWN REVITALIZATION AND BRING ABOUT LOCAL AND REGIONAL BENEFITS WHEREAS, Inman Street continues to serve as the sole arterial street in the downtown for the crosstown movement of traffic in an east-west direction while it is impacted by a rail underpass that is too low for many vehicles, leading to collisions with the bridge and blocking of the underpass; and WHEREAS, the Inman Street rail underpass continues to be subject to flooding that presents hazards to motorists and others; and WHEREAS, Inman Street has been a primary feature of recent downtown revitalization planning efforts which would seek to restore walkability and a “Main Street” appeal to the artery through conversion of some current travel lane space that is the location of various state routes across town; and WHEREAS, it is desirable to identify and improve an alternative connector route across town connecting major state and federal routes on either side of the Norfolk Southern Railway while providing for a safe and efficient crossing of the railway for all users; and WHEREAS, whereas as recent industrial relocation south of Inman Street and near the Norfolk Southern Railway creates opportunities to plan for a crosstown connector with less impact on existing development; and WHEREAS, despite past efforts at improvement problems have remained with Inman Street from a standpoint of traffic circulation, freight, emergency vehicles, pedestrians, and economic environment, especially in the core downtown and east of the railroad where a well- planned crosstown connector could help bring about greater benefits to many residents, including many low-income persons and racial minority persons in Census Tracts identified by USDOT’s RAISE Program as “Areas of Persistent Poverty”, while an improved connection of the state routes could also be made for Keith Street and South Lee Highway; and WHEREAS, grant opportunities such as the U.S. Department of Transportation RAISE grant and others possibilities for the planning and ultimate construction of a crosstown connector route that would need to be carried out in cooperation with the Tennessee Department of Transportation (TDOT), railroad officials, and others, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Authorizes the Mayor and staff to engage with TDOT toward the cooperative development of the most feasible funding opportunities for the planning and eventual construction of a crosstown connector capital improvement project that would serve the needs related to Inman Street as identified in the preceding section; 2. Authorizes the development of a RAISE planning grant application, or an alternative grant program, to the USDOT for approval by the City Council should, after consultation with TDOT, that appear to be the best next step; 3. The Mayor is authorized to sign all documents necessary to the grant application process described herein. p. 247 REGULAR SESSION MAY 24, 2021 PAGE -247- MINUTE BOOK 30 Approved this 24th day of May, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-41 – Approving Private Act Chapter Number 8; House Bill No. 1474, Senate Bill 1620; which amends Article IV, Section 7 of the City Charter pertaining to appointment time for Council Vacancies. Resolution 2021-41 A Resolution of the City Council of the City of Cleveland, Tennessee approving of Private Chapter Number 8 (House Bill 1474, Senate Bill 1620) which Private Act amends Article IV, Section 7 of the City Charter pertaining to Vacancies WHEREAS, at the request of the City Council, the Tennessee General Assembly has passed Private Chapter Number 8 (House Bill 1474, Senate Bill 1620) which Private act amends Article IV, Section 7 of the City Charter pertaining to Vacancies; and WHEREAS, this Private Act was passed on April 20, 2021; and WHEREAS, a copy of the Private Chapter is attached hereto and incorporated herein by reference; and WHEREAS, this Private Act provides that it shall have no effect unless it is approved by a two- thirds (2/3) vote of the legislative body of the City of Cleveland, which means the City Council must approve this Private Act before it becomes law by an affirmative vote of at least five (5) members of the City Council; and WHEREAS, the City Council desires to pass this Resolution in order to comply with the requirements of the Private Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE IN REGULAR SESSION ASSEMBLED: Section 1. The Cleveland City Council hereby approves of Private Chapter 8. Section 2. The Mayor is hereby directed to send a copy of this Resolution to the Tennessee Secretary of State and to certify the approval of this Private act by a two-thirds (2/3) vote of the City Council, as required by the Private Act. Section 3. That this Resolution shall take effect from and after its adoption, the welfare of the City of Cleveland requiring it. This 24th day of May, 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 248 REGULAR SESSION MAY 24, 2021 PAGE -248- MINUTE BOOK 30 UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May thanked City staff, City School staff and Cleveland Utilities staff for the work on their budgets and keeping us within budget. Also, the project with HHM, a lot of effort went into that and this is exactly what we need to do to make downtown work. He appreciates it. Councilman Hughes stated he would like Assistant Police Chief Stacy Smith, who recently graduated from Northwestern School of Police Staff and Command, to come and share his experience at the next meeting. Also, he would like Bethany McCoy with Lee University to award her a certificate of appreciation for her years of service. Lastly, he would like to honor Ellie Fivas and Lauren Thacker at the next meeting as well. We should honor state winners. Councilman Webb asked for an update on the gate on Smith Drive into the Senior Housing facility. Mr. Divel stated SETHRA is currently working on the specs and should be completed soon. Secondly, Councilman Webb stated the grass and weeds are overgrown at the old Golden Corral location on Stuart Road, if Code Enforcement would take a look. Thirdly, there is a new federal program, that if you meet certain income guidelines that will help subsidize your monthly broadband costs. He encourages people to look into it if they feel they might be eligible. FCC.gov has a link to the program. Vice Mayor Johnson reported two citizen street light requests for 3423 Brighton Blvd NW and 2372 Coventry Court NW. Councilman Estes asked Chief Gibson to pursue the avenue of 195 Sheeler Avenue being a nuisance, it might not qualify but maybe reaching out to the owner of the apartment complex. Secondly, he read where Cleveland Utilities signed a long-term agreement with TVA for electricity but other large fringe municipalities were thinking of going elsewhere. Did that transpire or did the TVA contracts work out? Marshall Stinnett with Cleveland Utilities stated he believes there are eight that have not signed. We signed a 20-year with an annual renewal. Third, he asked Corey Divel for additional information concerning the news article from Sandra Knight about annexation and additional road access. Mr. Fivas stated it is the process of non- contiguous annexations and how to deal with road connections. Our process has been an interlocal agreement to deal with the issue. Councilman Estes stated he was confused as to who owns what is under the road and the responsibility going forward but would appreciate an email explaining the details. Lastly, he will be sending Mr. Fivas a contact name concerning the Chieftan. Councilman Cassada inquired if the work done along Candies Lane affected or helped with the floodplain area maps behind Rolling Hills, possibly reducing the flood insurance requirement. Mr. Fivas stated staff will look into it but doesn’t believe the floodplain will change because of the work but the new maps are being drawn by the Army Corps. Staff will have to reach out to them. Councilman Cassada then asked for a new traffic count on Mouse Creek Road. Mr. Fivas replied yes, but remember the last study was $50 million to improve the roadway but we will pull some numbers. Next, he asked about lighting at the Pickleball Courts. Mr. Fivas stated the lights are on order and should be delivered at the end of May. He continued to ask about paving on Candies Lane, how much paving will be done. Mr. Fivas stated at the end of the project, it will be repaved from Legacy to Freewill Road. We are hoping to pave Inverness and Interlackin at the same time. Lastly, he requested Cleveland Utilities to put in a left turn signal from the McDonalds onto Georgetown Road due to safety concerns. Mr. Vineyard stated they will look to see what could be done. p. 249 REGULAR SESSION MAY 24, 2021 PAGE -249- MINUTE BOOK 30 Mayor Brooks stated he received a compliment from a local attorney about Lindsey Hawkins at Public Works. He also has received positive comments regarding the social media updates especially advance notice on street closures. He then thanked Mr. Fivas and the Council for the budget and all it encompasses for our city. He concurs with the comments about the HHM partnership. Lastly, he announced the Mayoral appointment of Dr. Tiffany Sherlin to fill the unexpired term of Larry Presswood on the Planning Commission. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was presented in full: • Ordinance 2021-17 – Adopting the FY2022 Budget. p. 250 REGULAR SESSION MAY 24, 2021 PAGE -250- MINUTE BOOK 30 p. 251 REGULAR SESSION MAY 24, 2021 PAGE -251- MINUTE BOOK 30 p. 252 REGULAR SESSION MAY 24, 2021 PAGE -252- MINUTE BOOK 30 p. 253 REGULAR SESSION MAY 24, 2021 PAGE -253- MINUTE BOOK 30 Councilman Estes moved that Ordinance 2021-17 be voted for passage on first reading. The motion was seconded by Councilman Cassada. Councilman Webb stated he is a Board Member of Life Bridges and a Cleveland Utilities retiree, which does not affect his vote. Upon roll call, the motion unanimously passed. The following Ordinance was then presented in full: • Ordinance 2021-18 – Amending the FY2021 Budget. ORDINANCE 2021-18 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2020-2021 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE. BE IT ORDAINED by the City Council of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2021-2021 be amended according to the attached amendment. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of Cleveland requiring it. p. 254 REGULAR SESSION MAY 24, 2021 PAGE -254- MINUTE BOOK 30 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 255 REGULAR SESSION MAY 24, 2021 PAGE -255- MINUTE BOOK 30 p. 256 REGULAR SESSION MAY 24, 2021 PAGE -256- MINUTE BOOK 30 p. 257 REGULAR SESSION MAY 24, 2021 PAGE -257- MINUTE BOOK 30 p. 258 REGULAR SESSION MAY 24, 2021 PAGE -258- MINUTE BOOK 30 Councilman May moved that Ordinance 2021-18 be voted for passage on first reading. The motion was seconded by Councilman Webb; and upon roll call, the motion unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • City Offices will be closed on Monday, May 31 in observance of Memorial Day. • The next City Council meeting will be held on Monday, June 14, 2021. Mr. Fivas introduced Taylor Cloe. She attends Lee University and will be interning for Public Administration and helping us this summer with projects. He also introduced newly hired employee Rachel Clayton, Accountant who has been a tremendous help to Senior Accountant Amy Newman. He continued that at the next meeting on June 14 we will have final approval of the budget along with the corresponding pieces of the budget to approve. Also, we will be working on with the County on Fire/Rescue Building to make that an entire redevelopment of the whole corner and should have an update on June 14. There being no future business the meeting was adjourned at 3:59 p.m. _________________________________ __________________________________ Mayor City Clerk

Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, May 24, 2021 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Greater Cleveland Soccer Association – Robb Blackaby 2. CITY MANAGER REPORT a. FY2022 Budget Presentation b. Cherokee Hotel RFP c. Movies in the Park – Community Foundation d. Mainstreet Grant Programs 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Hughes c. Councilman Webb d. Vice Mayor Johnson e. Councilwoman McKenzie f. Councilman Estes g. Councilman Cassada 5. ANNOUNCEMENTS 6. ADJOURNMENT City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, May 24, 2021 3:00 PM Municipal Building 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION 4. WAIVE READING OF MINUTES a. Regular Session – May 10, 2021 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Representative Mark Hall – State Proclamation Honoring the late Councilman Charlie McKenzie. 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning the FY2022 Budget (p. 2-3). 7. CONSENT AGENDA a. Final Passage - Zoning Ordinance 2021-11 – Rezoning 4.11 acres, more or less, located at 184 Durkee Rd NE (Tax Map 58F Group D Parcels 19.00, 20.00, 21.00, 22.00, 23.00) from IL Light Industrial Zoning District to IH Heavy Industrial Zoning District (Planning Commission: Approved 6-0; 3 absent) (p. 4-6). b. Final Passage - Zoning Ordinance 2021-12 – Rezoning 6.02 acres, more or less, located at Benton Pike and Durkee Rd (Tax Map 58 Parcel 78.00) from IH Heavy Industrial Zoning District to MU Mixed Use Zoning District (Planning Commission: Approve 6-0; 3 members absent) (p. 7-9). c. Final Passage - Ordinance 2021-13 – Amending Section 2.12 of the Zoning Ordinance concerning the development standards within the CBD Central Business District Zoning District (Planning Commission: Approved 6-0; 3 absent) (p. 10-17). d. Resolution 2021-37 – Authorizing the Mayor to sign contract amendment #7 with TDOT related to the sidewalk project along Wildwood/Dalton Pike (p. 18-21). e. Resolution 2021-38 – Authorizing the Mayor to sign a Deed of Correction for Cleveland Utilities (p. 22-30). f. Resolution 2021-39 – Authorizing the Mayor to sign an agreement with Henderson, Hutcherson & McCullough, PLLC for the 266 Inman Street Redevelopment Project (p. 31-44). g. Resolution 2021-40 – Authorizing the development and submission of a grant application with TDOT for planning and preliminary design of a downtown connector (p. 45-47). h. Resolution 2021-41 – Approving Private Act Chapter Number 8; House Bill No. 1474, Senate Bill 1620; which amends Article IV, Section 7 of the City Charter pertaining to appointment time for Council Vacancies (p. 48-51). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Hughes c. Councilman Webb d. Vice Mayor Johnson e. Councilwoman McKenzie f. Councilman Estes g. Councilman Cassada 10. NEW BUSINESS AND ORDINANCES a. Ordinance 2021-17 – Adopting the FY2022 Budget (p. 52-58). b. Ordinance 2021-18 – Amending the FY2021 Budget (p. 59-66). 11. ANNOUNCEMENTS a. City Offices will be closed on Monday, May 31 in observance of Memorial Day. b. The next City Council meeting will be held on Monday, June 14, 2021. 12. ADJOURNMENT

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