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Cleveland City Council

Regular Meeting

Cleveland, TN · October 25, 2021

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Minutes

p. 465 REGULAR SESSION OCTOBER 25, 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, OCTOBER 25, 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; Corey Divel, Assistant to the City Manager; Beverley Lindsey, Assistant to the City Manager; Sue Zius, Assistant to the Mayor; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Jonathan Jobe, DES Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Doug Berry with the Chamber of Commerce; Chris Townsend; Tim Rader; Mallory Howard and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, the following business was then entered into: Mayor Brooks presented the following proclamation for Breast Cancer Awareness Month. “ N A T I O N A L B R E A S T C A N C E R A W A R E N E S S M O N T H” Whereas, During National Breast Cancer Awareness Month, we stand with the courageous women and men who have been diagnosed with breast cancer and honor those who have lost their battle to this terrible disease. As the second most common cancer affecting women, an estimated 1 in 8 women will develop breast cancer over the course of their lifetime and 281,550 women will be diagnosed with breast cancer in the United States in 2021. Cancer touches so many families across the country—including ours. It is up to all of us to continue fighting for a cure and to ensure that every American has access to the quality care they need; and . . . . Whereas, this year marks the 30th anniversary of the National Breast and Cervical Cancer Early Detection Program, which provides free breast and cervical cancer screenings to low-income, uninsured, and underinsured women in every State and for decades the medical community and advocates have helped our Nation make great progress in the fight against cancer. We are committed to doing everything we can to bring together our cancer research community and give them the resources they need to make progress in the prevention, detection, and treatment of breast cancer; and . . . . Whereas, as we observe National Breast Cancer Awareness Month, we are united in our commitment to ending breast cancer and improving the lives of all those affected by this illness. We applaud the advocates, medical professionals, researchers, and caregivers who dedicate their lives to making progress toward cures. This month we stand to solidarity with breast cancer survivors across the country and reaffirm our commitment to advancing research efforts that deliver hope to patients everywhere. NOWTHEREFORE, I, Kevin Brooks, Mayor of the City of Cleveland, TN, by virtue of the authority vested in me do hereby proclaim October 2021 as National Breast Cancer Awareness Month and encourage citizens, government agencies, private businesses, nonprofit organizations, and other interested groups to join in activities that will increase awareness of what Americans can do to prevent and control breast cancer and pay tribute to those who have lost their lives to this disease. p. 466 REGULAR SESSION OCTOBER 25, 2021 PAGE -466- MINUTE BOOK 30 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 September 27, 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 Chris Townsend with Southeast Land Trust addressed the City Council concerning PUD25 and the experience working with city administrators. He then read the following excerpt from his email to City Council related to the required traffic study. PUD25 was required to conduct a Traffic Impact Analysis (TIA) prior to conditional approval. The scope of the initial TIA resulted in an estimated cost of $12k. However, the City increased the scope twice resulting in a final cost of $25k. The City required that we use an "independent engineer" to conduct the TIA. On May 19, 2021 Meyer Transportation Consultants, Inc. submitted the report indicating that no public right of way improvements were required due to PUD25. This opinion was consistent with TDOT's opinion about ROW improvement due to PUD25. City of Cleveland officials contacted Meyer Transportation Consultants, Inc directly; the "independent" TIA was amended to include 3/4 access improvements to Boatwright Circle and Holiday Inn Express Way. After altering the TIA, the City of Cleveland then attempted to negotiate the transfer of property at the intersection of Paul Huff and Peerless Rd in exchange for the "required" right of way improvements required of PUD25. Mr. Townsend stated this is just a brief summary of our experience with the City. He hopes the Council will ask challenging questions. Our desire is to have a collaborative relationship with the City of Cleveland, but the current administration has made that desire very difficult to achieve. We have had very little dialogue, if none in the last two weeks as the City approached us about property that is needed at Paul Huff and Peerless Road intersection. We would love to be a part of that improvement. Secondly, he would like the Council to ask of the city administration what role they had in amending the traffic impact study and taking it from being an independent study to being on that was influenced by the City of Cleveland. Vice Mayor Johnson asked about the traffic study. Mr. Townsend stated yes, they conducted and paid for a traffic study of $25,000. The initial traffic study was submitted to Berry Engineering on May 17 and to him on May 19, which indicated that as a result of PUD25 that no public right-of- way improvements were required. Less than a week later, an amended report was released with ¾ access improvements are required. Through an open records request, we received an email from city administrator sent to Myers, asked, and suggested the independent traffic report be amended. They followed up with using those improvements to try to negotiate for us to give property to the city for the intersection improvement at Peerless and Paul Huff in exchange for us having to do traffic improvements, that otherwise should not have to be required by our PUD. Vice Mayor Johnson asked for clarification of the PUD25 ownership. Mr. Townsend stated he owns three parcels, along with two other property owners, who are a part of PUD25. Councilman Cassada asked if staff would elaborate. Mr. Jobe stated he wasn’t sure who the “he” was in the email to Myers, probably the Transportation Engineer. As far as the original traffic study from Berry Engineering, it did have ¾ access on Boatwright and Holiday Inn Expressway as well, so he doesn’t feel that changed but he would have to research it further. Mr. Townsend replied page 18 of the original study states the new development adds a very small amount of delay to each intersection analyzed thus no new geometrics or capacity improvements are recommended at this time. Mr. Jobe responded then we had a meeting with me, you, Ben, and Joe and at that time Ben presented two or three drawings that showed that it needed it. He presented it to us. The ¾ access at Boatwright and Holiday Inn Expressway were some of the reasons why we were comfortable moving forward. Mr. Townsend said the city required me to do a TIA and agreed what the findings were the developer, myself, would be responsible. Mr. Jobe stated the final report we saw included it. There could be drafts but I don’t know. Mr. Townsend stated the point is the city contacted Myers and Associates and said they would like ¾ p. 467 REGULAR SESSION OCTOBER 25, 2021 PAGE -467- MINUTE BOOK 30 access in two locations to be included in the report. The significant issue is that the City approached me this summer about a small portion of the Peerless/Paul Huff intersection that was needed for an intersection improvement. We would love to be a part of it, but they tried to broker the intersection improvements, we will take care of the improvements if you give us this property. The manipulation of the report, the City used the new report as leverage to try encouraging us to give property to the City. Mr. Jobe stated that is incorrect because we are conducting an appraisal for the property. We can do that separate from the traffic study. It has no bearing. Mr. Townsend stated an email from Mr. Jobe was received on May 13, 2021 with what appears to be a survey of the property you are requesting stating “here is a draft ROW drawing. This is our best guess on what we would need without seeing your traffic study but should be close. After we review your study and any input from you, we will finalize it.” Mr. Jobe stated yes, if the study required some improvements at Peerless, that would have to be done anyway and I might not need your piece of land because you would have to done it through the project because your traffic study said so. It didn’t say you needed any improvements at Peerless and Paul Huff, so I didn’t include that, so we still needed to purchase your piece instead of you doing it as a part of your development. That is what the email means. Mr. Townsend stated the first time he heard about a purchase property was about two weeks ago. Mr. Jobe stated no, we have discussed a purchase at the very beginning, a purchase, or an agreement. The Council voted on an agreement, and you decided you didn’t like it. Mr. Townsend asked if the City Council finds that the conduct of the city administrators be acceptable, to manipulate a traffic study report that is supposed to be independent and then use the findings of the new report to make an exchange for property. Mr. Jobe stated Mr. Myers is a PE, he stamped it that it is what he recommends, not what we told him to do. He would not have stamped it if we had been pressuring him. Mr. Townsend stated the question is simple. Why do we have a revised traffic report? Councilman Estes stated to say just because the city was in contact with Myers is a huge step to take. It is very common if an engineer puts their stamp that is their integrity and it is not uncommon to receive an initial report that asks for any clarifications or missing, it is a back and forth. Manipulate is a huge step to take towards city staff. He is glad city staff is trying to negotiate and work with you and thought we worked hard last month getting the agreement in a good place before you left. That is one man’s opinion towards this. Mr. Townsend thanked him for his feedback and understands the back and forth with traffic reports and a municipality seek to have input. What I don’t understand is how the specific changes to the traffic report ended up in a negotiation for the property to be acquired. The developer agreement was presented to me on a Monday and in the Council packet by Wednesday. I didn’t have an opportunity to provide feedback. It was submitted and voted on without my feedback. That has been my experience in negotiating with the City. Very little dialogue, very little back and forth and things we asked for in the PUD we were unsuccessful. Councilman Estes stated the things that were no’s were because of the neighbors. Councilman Hughes stated when you were here last time, we had people from Indian Hills who were adamant that certain items being in PUD25 such as a gas station. It didn’t look good for PUD25 but I asked if you would take out the gas station and your answer was what. Mr. Townsend responded if the City Council requires, so be it. Councilman Hughes continued that you agreed to that so now you want to put the gas station back in. That’s history but you stated you will put in a gas station and a billboard. It would not have passed with a gas station. When you agreed to eliminate it that’s when you got the 7-0 vote. Mr. Townsend stated yes, that was the second reading, but the first reading included gas stations and prohibited oil change facilities, which also passed 7-0. Councilman Hughes stated we changed it because the Indian Hills residents said they didn’t want lights and people buying gas keeping us awake. You agreed to that. Mr. Townsend stated he doesn’t have the authority to put anything back into the PUD but to only petition this body. Part of the email indicated we will apply for light pollution and sound pollution standards that the city hasn’t seen before. After communicating with residents of Indian Hills we want to implement those standards in this development. We are going above and beyond with the neighbors in proximity to PUD25 to minimize the impact of a commercial development will likely have on their neighborhood. Councilman Hughes stated he admired him that he wouldn’t go along with no gas stations but now you have changed your mind, that you will pursue a gas station. Mr. Townsend replied the few emails and communication with the City Manager about billboards he indicated lets just go ahead and get the PUD through and we will address billboard after the fact. If I understand correctly, you are p. 468 REGULAR SESSION OCTOBER 25, 2021 PAGE -468- MINUTE BOOK 30 indicating is that once an ordinance is complete there is no opportunity to revisit the ordinance. Councilman Hughes stated it is unusual for someone to say they will take something out, to give us the privilege to vote and then come back and want to reinstate something you said you would take out. Mr. Townsend stated in the course of negotiating with the City. Instead of negotiating for right-of-way improvements, that were not in the initial draft and from his opinion TDOT agreed with the finding and should not be required of our PUD. So instead of negotiating for those improvements I am negotiating for other elements within the PUD, such as one billboard and a permitted use of a gas station. Councilman Estes stated since he has been on the Planning Commission they have been against billboards. If we were to change it now, after second reading, what would the residents think. This is not the place to negotiate. This is staff. You’re concerned that staff hasn’t been fair. I haven’t seen that any step along the way. I see the City acting in good faith. Mr. Townsend stated part of the reason for him being here is lack of response from the City. They express a time-sensitive nature of Paul Huff/Peerless Road improvements and I immediately responded and followed up with another email with no dialogue. What other option do I have than to petition this body? Councilman Estes stated in a letter you sent mentioned the Paul Huff/Peerless intersection and kind of made a vail threat that you would slow it down. That doesn’t sit right. If the City needs to improve the intersection and you want to slow it down, fine. We can eminent domain and the courts can handle it, however long it takes. It just gives him pause making any kinds of changes to the ordinance here. Mr. Townsend stated his intent was not a vail threat however it is a reality that if the City wants to pursue eminent domain for that piece of property it will take more time than if we can come to an agreement. Councilman Estes stated if the City wants it, they would rather negotiate. Mr. Townsend asked what would make him have that opinion and perspective. What we have discussed is just the tip of the iceberg and the equity we have not received seeking a commercial PUD rezoning. Councilman Estes stated every PUD is a unique situation. Yes, we want some kind of standard going forward but each is unique to itself. Councilman Hughes stated the city is not against you. I say that because you feel they are. The Hiwassee failed the first time before us and the next time it passed. PUD25, after a great deal of discussion and neighborhood involvement, passed. The things you have asked for have been granted. There will be bumps in the road during the process, but the city is not against you. Mr. Townsend replied he is not suggesting the City Council necessarily is against him but has had an extremely difficult time with the City Manager. I would not feel, in my discussions with other developers in this town, that the experience is unique to me. I would hope this body examine the experiences as they are brought before them. Ask the tough questions. At this point the City Manager has had no comment. None. Councilman Estes stated, personally, he has asked for the City Manager to be tougher on developers and protecting citizens more. Mr. Townsend stated they welcome change and have embraced standards for our PUD that are far and above stricter than any other commercial PUD. He encourages the Council to require city administration to have efficient and effective communication, understanding it is two-way street. Councilman Cassada added he agrees with Councilman Estes, and we are taking a hard stance with developers to make our community a better place. Mallory Howard addressed the City Council regarding flooding on Hiwassee Avenue. She emailed the Council current flooding photos and does not feel the work done across the street from her home was “substantial” as previously stated by the City Manager. During the microbursts of rain not causing a problem; numerous work orders have been submitted with no responses. She has been dealing with flooding sine 2018. This has been reported and discussions with staff. It is frustrating to submit a request and never hear back. The next severe weather event she invites the council to come to her home to see the flooding that occurs. Mr. Fivas stated he will continue to go through the agenda as efficiently as possible. Generally, you would find it would be very rare that I’d be involved in development issues from that standpoint. In that area, we have had some success and a lot of challenges doing that type of development around that PUD25. We had a lot of factors, TDOT was involved to some degree but the key thing to remember, from a city staff standpoint, everything Jonathan said was 100% correct. We sat in meetings with Ben who clearly said this is what the traffic study said, and we went from that point working towards that. Our goal was 100% to help anyone that is doing p. 469 REGULAR SESSION OCTOBER 25, 2021 PAGE -469- MINUTE BOOK 30 development or anyone that is a resident that needs help understanding the process, our goal is to help facilitate and put the facts and information in front of the City Council and we feel on the PUD25 we did that. It was very challenging for everyone involved because the site and location is very tricky. Overall, we feel very comfortable with the end product, and it puts some nuisance of what is acceptable and what is not acceptable. We balanced the needs of the neighborhood versus of what could be there and at the end of the day we certainly have no intention of causing any harm to anybody. From a resident standpoint, we are just trying to be of assistance and give feedback. As far as communication, he cannot remember any developer that we’ve talked to more. So, we have gone far and above. There’s obviously more that could be said but feels the way Jonathan portrayed it, from his understanding, was accurate. Next, Mr. Fivas then reviewed the following presentation on Future Growth Boundaries for Cleveland. p. 470 REGULAR SESSION OCTOBER 25, 2021 PAGE -470- MINUTE BOOK 30 p. 471 REGULAR SESSION OCTOBER 25, 2021 PAGE -471- MINUTE BOOK 30 p. 472 REGULAR SESSION OCTOBER 25, 2021 PAGE -472- MINUTE BOOK 30 p. 473 REGULAR SESSION OCTOBER 25, 2021 PAGE -473- MINUTE BOOK 30 Mr. Fivas then announced the city received the LPRF Grant in the amount of $500,000. We have a location near Candies Lane for a new park. Secondly, Paul Huff projects. Our Engineering team has developed a package of projects for Frontage/Adkisson Drive Intersection, Peerless Road Intersection, Mouse Creek Intersection, and smaller pieces that we would like to bid in January 2022. We have discussed the ten projects, and this is the next implementation step, along with finalizing how we will pay for the projects. Next, the groundbreaking ceremony for Avery Johnson Park on November 20 at 10 a.m. Also, the 17th/20th Street sidewalk project is moving forward and intend to complete 17th Street and add a base coat on 20th Street in November. The LIC North project should begin in January. Lastly, the Indian Hills project the new roadway will be opening after October 31 and in the spring our goal is to pave the neighborhood. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone 1.1 acres, more or less, located on 1st St NW and 2nd St NW (Tax Map 49N Group H Parcel 4.00, 5.00, 13.00, 15.00 & 17.00) from MU Mixed Use Zoning District to CBD Central Business Zoning District (Planning Commission: Approved 7-0; 2 absent). Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning request. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following item from the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, the consent agenda was unanimously passed. • Resolution 2021-89 – Authorizing the Mayor to sign Change Order #1 with Wilson Construction related to the 17th and 20th Street Sidewalk Project. RESOLUTION 2021-89 WHEREAS, the City has received the attached change order #1 from the Wilson Construction Group, LLC for the project described below; and p. 474 REGULAR SESSION OCTOBER 25, 2021 PAGE -474- MINUTE BOOK 30 Project: City of Cleveland Sidewalks Project on 20th and 17th St NW Contract Number: IMP-1-19 Project Identification Number (PIN): 118870.00 Federal Project Number: STP-M-9203(21) State Project Number: 06LPLM-F2-035 WHEREAS, the City Council desires to approve the attached change order #1 with Wilson Construction Group, LLC, and to further authorize the Mayor to execute this change order 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 change order Number 1 from Wilson Construction Group, LLC for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 25th day of October 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-90 – Authorizing the Mayor to sign a sub-recipient agreement with Habitat for Humanity for Down Payment Assistance with CDBG funds. RESOLUTION 2021-90 WHEREAS, Habitat for Humanity of Cleveland, Inc. (hereafter "Habitat") is involved in Community Development Block Grant (CDBG) eligible activities; and WHEREAS, one of these activities is down payment assistance for 5 qualified home buyers as approved by the City Council in the 2021-2022 Annual Action Plan; and WHEREAS, the City's Redevelopment Coordinator is recommending to the City Council that the City enter into the attached subrecipient agreement with Habitat for down payment assistance; and WHEREAS, the purpose of the subrecipient agreement is to provide funding for increased housing opportunities for very low-income families by providing assistance in the form of down payment assistance, closing costs or principal reduction for up to $6,000 for at home to be purchased and financed through Habitat; and WHEREAS, the City Council desires to approve of the attached subrecipient agreement with Habitat and the City Council further desires to authorize the Mayor to execute this agreement 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 subrecipient agreement with Habitat. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the attached subrecipient agreement with Habitat on behalf of the City for this project. This 25th day of October 2021 p. 475 REGULAR SESSION OCTOBER 25, 2021 PAGE -475- MINUTE BOOK 30 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-91 - Authorizing the Mayor to sign a grant contract with the Tennessee Department of Agriculture for the Tennessee Agricultural Enhancement Program Grant for the Community Tree Planting (TAEP). RESOLUTION 2021-91 WHEREAS, the City has received the attached grant contract from the Tennessee Department of Agriculture, (hereafter “TDOA”) for an Urban TAEP Community Tree Planting Project; and WHEREAS, the City Council desires to enter into the attached grant contract with TDOA 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 grant contract with TDOA for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 25th day of October 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Appointment – Historic Commission – PJ McKay to fill the unexpired term of Joan Benjamin to expire June 2024 • Appointment – Historic Commission – Candy Scoggins as an alternate member for a 4-year term to expire June 2025. • Appointments – Cleveland Youth Advisory Council Members. p. 476 REGULAR SESSION OCTOBER 25, 2021 PAGE -476- MINUTE BOOK 30 p. 477 REGULAR SESSION OCTOBER 25, 2021 PAGE -477- MINUTE BOOK 30 UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Hughes stated he was glad to see the Youth Council come to fruition and start meeting in November. Councilman Webb thanked everyone involved with the improvements at Ben Moore Drive/Cleveland Towne Center. The no left turn is a significant safety improvement. Secondly, he thanked the Cleveland Fire Department in giving him, Councilwoman McKenzie, and Mr. Fivas the opportunity to participate in the Chattanooga Fire Ops 101. It was quite and experience. Vice Mayor Johnson asked for a street light review for Dante Jackson along 17th Street, the westside of Keith Street between Georgetown Road. Councilwoman McKenzie thanked Beverley Lindsey for her work during Breast Cancer Awareness month. Secondly, she thanked Chief Gaylor for the invitation and experience at the Chattanooga Fire Ops 101. Also, she expressed appreciation to the Cleveland Fire and Police Departments for all they do for the community. Councilman Estes stated the Block Party was this weekend and reminded Tommy Myers to block the portion of Harle Avenue, from Willow to 14th Street. Also, the next weekend is Lee University Home Coming with lots of events planned. Lastly, he is amazed at the number of people using Deer Park on the weekends. Blythe Oldfield Park is being heavily utilized as well. Councilman Cassada thanked staff for working towards the LPRF grant approval and the great benefit for the City of Cleveland and the residents in District 3. Candies Lane improvements and the new park will make a difference in our community. He thanked everyone for their support. Mayor Brooks stated he received a call concerning the traffic lights along Broad Street, which is a one-way street. The lights illuminate on both sides of the head and appears you can go northbound on the one-way street. He asked if Cleveland Utilities could review the signal heads. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2021-30 – Rezoning 1.1 acres, more or less, located on 1st St NW and 2nd St NW (Tax Map 49N Group H Parcel 4.00, 5.00, 13.00, 15.00 & 17.00) from MU Mixed Use Zoning District to CBD Central Business Zoning District (Planning Commission: Approved 7-0; 2 absent). ZONING ORDINANCE 2021-30 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 MU Mixed Use Zoning District to CBD Central Business District Zoning District. Approximately 1.1 acres, more or less, located at 1st St NW, Oak St NW and 2nd St NW as shown on the attached map. p. 478 REGULAR SESSION OCTOBER 25, 2021 PAGE -478- MINUTE BOOK 30 For reference, also being shown on Tax Map 49N Group H Parcel 4.00, 5.00, 13.00, 15.00 & 17.00 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman May moved that Zoning Ordinance 2021-30 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following memo was then presented in full: p. 479 REGULAR SESSION OCTOBER 25, 2021 PAGE -479- MINUTE BOOK 30 Councilman Webb moved to negotiate the purchase contract for property located at 120 Inman Street. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on Monday, November 8, 2021. • Holiday Schedule: City offices will be closed as follows: • Thursday, November 11 in observance of Veterans Day. • Thursday, November 25 and Friday, November 26 due to the Thanksgiving Holiday. (No November 22nd Council meeting due to the Thanksgiving Holiday). • Thursday, December 23 and Friday, December 24 for the Christmas Holiday (Due to the Christmas Holiday Week, the December 27th meeting will be cancelled.). • Friday, December 31 and Monday, January 3 for the New Year’s Holiday. There being no future business the meeting was adjourned at 4:46 p.m. _________________________________ __________________________________ Mayor Cit Clerk

Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, October 25, 2021 2:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Chris Townsend b. Mallory Howard c. Street Condition Survey and Report d. City Development outside of our current boundaries 2. CITY MANAGER REPORT a. Update of LPRF Grant b. Update on Paul Huff Projects c. Project Review d. 1st Street Name Change 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman Hughes b. Councilman Webb c. Vice Mayor Johnson d. Councilwoman McKenzie e. Councilman Estes f. Councilman Cassada g. Councilman May 5. ANNOUNCEMENTS 6. ADJOURNMENT City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, October 25, 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 – September 27, 2021 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Chris Townsend 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning a request to rezone 1.1 acres, more or less, located on 1st St NW and 2nd St NW (Tax Map 49N Group H Parcel 4.00, 5.00, 13.00, 15.00 & 17.00) from MU Mixed Use Zoning District to CBD Central Business Zoning District (Planning Commission: Approved 7-0; 2 absent) (p. 2-3). 7. CONSENT AGENDA a. Resolution 2021-89 – Authorizing the Mayor to sign Change Order #1 with Wilson Construction related to the 17th and 20th Street Sidewalk Project (p. 4-8). b. Resolution 2021-90 – Authorizing the Mayor to sign a sub-recipient agreement with Habitat for Humanity for Down Payment Assistance with CDBG funds (p. 9-23). c. Resolution 2021-91 - Authorizing the Mayor to sign a grant contract with the Tennessee Department of Agriculture for the Tennessee Agricultural Enhancement Program Grant for the Community Tree Planting (TAEP) (p. 24-43). d. Appointment – Historic Commission – PJ McKay to fill the unexpired term of Joan Benjamin to expire June 2024 (p. 44-48) e. Appointment – Historic Commission – Candy Scoggins as an alternate member for a 4-year term to expire June 2025. f. Appointments – Cleveland Youth Advisory Council Members (p. 49-50). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman Hughes b. Councilman Webb c. Vice Mayor Johnson d. Councilwoman McKenzie e. Councilman Estes f. Councilman Cassada g. Councilman May 10. NEW BUSINESS AND ORDINANCES a. Zoning Ordinance 2021-30 – Rezoning 1.1 acres, more or less, located on 1st St NW and 2nd St NW (Tax Map 49N Group H Parcel 4.00, 5.00, 13.00, 15.00 & 17.00) from MU Mixed Use Zoning District to CBD Central Business Zoning District (Planning Commission: Approved 7-0; 2 absent) (p. 51-53). b. Motion – City Property Purchase (p. 54). c. Proclamation - Breast Cancer Awareness 11. ANNOUNCEMENTS a. The next City Council meeting will be held on Monday, November 8, 2021. b. Holiday Schedule: City offices will be closed as follows: • Thursday, November 11 in observance of Veterans Day. • Thursday, November 25 and Friday, November 26 due to the Thanksgiving Holiday. (No November 22nd Council meeting due to the Thanksgiving Holiday). • Thursday, December 23 and Friday, December 24 for the Christmas Holiday (Due to the Christmas Holiday Week, the December 27th meeting will be cancelled.). • Friday, December 31 and Monday, January 3 for the New Year’s Holiday. 12. ADJOURNMENT

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