Cleveland City Council

p. 130 REGULAR SESSION MAY 8, 2023 3:00 P.M. MINUTE BOOK 31 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, MAY 8, 2023 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, David May, Tom Cassada, Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Sue Zius, Administrative Coordinator; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Patti Pettit, Parks and Recreation Director; Chris Gaylor, Assistant IT Director; Cathy Andrews, CDBG Coordinator; Zachary Colescott, Regional Jetport Manager; Sharon Marr with Mainstreet Cleveland; Doug Berry with the Chamber of Commerce; Cameron Fisher 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: 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 April 24, 2023 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS There were no special presentations and public comments. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2024 Budget. Mayor Brooks asked if anyone would like to speak in favor of the approval of the budget. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition to the approval of the budget. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Betty Owens for consideration of an ordinance to zone 10.76 acres, more or less, for property located at Benton Pike NE from IH Heavy Industrial zoning to MU Mixed Use zoning and includes Tax Map 058 Parcels 006.00 and 008.00. Robert Varnell, Planning Director stated currently there is no planned use, but they are looking at commercial options. It is a good zone for the area. The Planning Commission did approve this request 6-0 with 3 members being absent. Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the rezoning. Mayor Brooks then declared the public hearing to be closed. p. 131 REGULAR SESSION MAY 8, 2023 PAGE -131- MINUTE BOOK 31 CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. a. Resolution 2023-34 – Approving the FY2024 Appropriations. RESOLUTION 2023-34 CITY OF CLEVELAND APPROPRIATION RESOLUTION WHEREAS, the City of Cleveland recognizes that its citizens have various needs which must be addressed; and WHEREAS, the municipal government has neither the expertise or manpower to assist its citizens with all their special needs; and WHEREAS, several not-for-profit organizations have been established over the years to help the citizens with their special needs; and WHEREAS, the enclosed organizations have demonstrated, through their financial statements and by reputation, to be of service in enhancing the quality of life in this area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that these contributions be made for FY 2023-2024: APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 132 REGULAR SESSION MAY 8, 2023 PAGE -132- MINUTE BOOK 31 b. Resolution 2023-35 – Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Electric, Water and Wastewater Systems. RESOLUTION 2023-35 A RESOLUTION DIRECTING THE PAYMENTS BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S ELECTRIC, WATER AND WASTEWATER SYSTEMS. WHEREAS, section 7-52-304 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of an electric system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the electric system; and WHEREAS, section 7-34-115 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of a water system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the water and wastewater system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Assistant City Manager/CFO, has held such consultation with the supervisory body of the electric, water, and wastewater systems of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Sections 7-52-304 and 7-34-115; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; Section 1. The Cleveland Utilities Board electric system is hereby directed to pay to the City of Cleveland $2,590,141 in tax equivalents for FY2024. Section 2. The Cleveland Utilities Board water system is hereby directed to pay to the City of Cleveland $261,157 in tax equivalents for FY2024. Section 3. The Cleveland Utilities Board wastewater system is hereby directed to pay to the City of Cleveland $244,852 in tax equivalents for FY2024. Section 4. This resolution shall become effective July 1, 2023 the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk c. Resolution 2023-36 – Regarding the Cleveland City Schools Federal Project Fund. RESOLUTION 2023-36 A RESOLUTION REGARDING THE CLEVELAND CITY SCHOOLS FEDERAL PROJECT FUND p. 133 REGULAR SESSION MAY 8, 2023 PAGE -133- MINUTE BOOK 31 THAT WHEREAS, the Cleveland City Schools receive monies from the federal government to assist with the educational programs of the local school system; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee in regular session assembled as follows: Section 1. That the Cleveland City Schools General Fund is hereby approved, and the budget for the Cleveland City Schools Federal Project Fund shall be the budget for the separate projects approved within the fund by the Tennessee Department of Education and for the No Child Left Behind projects as approved by the Cleveland Board of Education. Section 2. That a certified copy of this Resolution shall be furnished to the Director of Schools to forward to the Tennessee Department of Education as proof of compliance with its regulations regarding federal project funds. Section 3. That this Resolution shall be and remain in full force and effect from and after its date of adoption. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Resolution 2023-37 - Annual Review of the City’s Debt Management Policy. RESOLUTION 2023-37 A RESOLUTION APPROVING THE DEBT MANAGEMENT POLICY FOR THE CITY OF CLEVELAND WHEREAS, the Tennessee Comptroller of the Treasury issued provisions regarding the establishment of a debt management policy; and WHEREAS, the Comptroller’s provisions require that cities annually review its debt management policy; and WHEREAS, the City of Cleveland adopted its Debt Management Policy on November 14, 2011. NOW, THEREFORE, BE IT RESOLVED, that the City Manager and Assistant City Manager/CFO have reviewed the City of Cleveland Debt Management Policy and do not recommend any changes to the policy at this time. The City’s Debt Management Policy will be reviewed annually during the budget process, which process allows public input. Approved this 8th day of May, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 134 REGULAR SESSION MAY 8, 2023 PAGE -134- MINUTE BOOK 31 e. Resolution 2023-38 – Amending the solid waste contract with Waste Connections. RESOLUTION 2023-38 WHEREAS, the City Council approved Resolution 2023-21 on March 13, 2023, which Resolution approved of certain rate changes and service changes to the City’s solid waste agreement with Waste Connections of Tennessee, Inc.; and WHEREAS, as a result of the City Council’s approval of Resolution 2023-21, the City Manager and the City’s Public Works Department have worked with representatives of Waste Connections of Tennessee, Inc. to prepare the attached addendum to the existing agreement between the parties to incorporate the changes authorized by Resolution 2023-21; and WHEREAS, City staff are requesting that the City Council approve of the attached addendum to the agreement between the City and Waste Connections of Tennessee, Inc.; and WHEREAS, the City Council now desires to approve of the attached addendum to the agreement with Waste Connections of Tennessee, Inc. and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] 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 addendum to the City’s existing agreement with Waste Connections of Tennessee, Inc., and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 8th day of May 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk f. Resolution 2023-39 - Approval of contract with Brian Wishneff & Associates, LLC to provide professional tax credit consulting services in connection with the renovation of the Cherokee Hotel. RESOLUTION 2023-39 WHEREAS, City staff are continuing to work on the renovation of the Cherokee Hotel; and WHEREAS, in connection with this renovation project, the City has received the attached proposal and agreement from Brian Wishneff & Associates, LLC to provide professional tax credit consulting services in connection with the renovation of the Cherokee Hotel; and WHEREAS, Brian Wishneff & Associates, LLC is willing to provide these professional services to the City on the terms and conditions described in the attached agreement; and WHEREAS, City staff are requesting that the City Council approve of the attached agreement between the City and Brian Wishneff & Associates, LLC for these professional tax credit consulting services this project; and WHEREAS, the City Council now desires to approve of the attached agreement with Brian Wishneff & Associates, LLC, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. p. 135 REGULAR SESSION MAY 8, 2023 PAGE -135- MINUTE BOOK 31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached agreement with Brian Wishneff & Associates, LLC for this project, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 8th day of May 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk g. Resolution 2023-40 – Approving the 2023-2024 Annual Action Plan for the CDBG Program. RESOLUTION 2023-40 RESOLUTION FOR APPROVAL OF THE 2023-2024 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City of Cleveland, Tennessee will be receiving a CDBG annual allocation of an estimated amount of $384,598 for FY 2023-2024; and WHEREAS, public hearings were held on January 24, 2023, and February 21, 2023, to hear comments and input from the public. A draft was available on April 1, 2023, which began a thirty-day comment period ending on May 2, 2023. A copy of the Plan was made available at the Development and Engineering Services Office as advertised in the Cleveland Daily Banner on April 1, 2023; WHEREAS, comments made during public hearings regarding the Action Plan were received and reviewed by City staff; NOW, THEREFORE, BE IT RESOLVED, the 2023-2024 Action Plan be approved by the City Council, and be it further resolved that City staff authorized to submit the plan to the United States Department of Housing and Urban Development (HUD), and be it resolved that the Mayor is authorized to sign all grant agreements, contracts and certifications with HUD that are required to carry out the CDBG program described in the Action Plan. Approved this 8th day of May 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 136 REGULAR SESSION MAY 8, 2023 PAGE -136- MINUTE BOOK 31 h. Resolution 2023-41 – Approving Change Order #2 for the Mosby Park Improvements. RESOLUTION 2023-41 WHEREAS, the City previously entered a contract with B&W Contractors, Inc. dba Cherokee Construction Company for the Mosby Park project (hereafter referred to as "the Project"); and WHEREAS, the large building at Mosby Park that provides entrance into the pool needs a new paint job; and WHEREAS, the City’s building official has received a proposal and Change Order #2 for this additional work requested by City staff; and WHEREAS, this change order increases the scope of work to allow the contractor currently working on the park to paint the exterior walls and the metal roof to match the new work at the redesigned park; and WHEREAS, this change order is to be paid for using available CDBG and CIP funds; and WHEREAS, the proposal for this additional work and Change Order #2 for the additional work are attached to this Resolution; and WHEREAS, the City Manager and the City's building official are recommending that the City accept the contractor’s proposal for this additional work and enter into the attached change order #2 to the existing agreement with Cherokee Construction Company; and WHEREAS, the attached proposal and change order #2 will increase the contract price by $16,200 for the additional work provided and as more specifically described in the attached proposal and change order form; and WHEREAS, the City Council now desires to accept the proposal and change order #2 to the agreement with Cherokee Construction Company for the referenced project, 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 proposal and change order #2 to the existing agreement with Cherokee Construction Company for the referenced project described herein, and it further authorizes the Mayor to execute the change order on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 8th day of May 2023 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk i. Resolution 2023-42 – Authorizing the City to purchase fire apparatus through a master intergovernmental cooperative purchasing agreement #FS12-19 and administered by HGACBUY. RESOLUTION 2023-42 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE FIRE SERVICE APPARATUS THROUGH A MASTER INTERGOVERNMENTAL p. 137 REGULAR SESSION MAY 8, 2023 PAGE -137- MINUTE BOOK 31 COOPERATIVE PURCHASING AGREEMENT #FS12-19, AS AMENDED, WHICH IS ADMINISTERED BY HGACBUY. __________________________________________________________________ WHEREAS Tennessee Code Annotated § 12-3-1205 provides that any municipality may participate in, sponsor, conduct, or administer a “cooperative purchasing agreement” for the procurement of any supplies, services, or construction with one (1) or more other local governments in accordance with an agreement entered into between the participants, including governmental entities outside this state; and WHEREAS, the Master Intergovernmental Cooperative Purchasing Agreement (“MICPA”) to provide security systems products and services between G&W Diesel Services, Inc. (“Company”) and HGACBuy a government cooperative purchasing program authorized by the Houston-Galveston Area Council (“Lead Agency”), which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of fire service apparatus pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative Purchasing Agreement provided that it adopts a resolution accepting the terms of the Master Agreement and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered with HGACBuy which allows the City of Cleveland to enter into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements and facilitate access to the Master Agreement and the Company under Contract #FS12-19, as amended, held by the Houston-Galveston Area Council as required by Tennessee Code Annotated § 12-3-1205 (a)(1). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the City of Cleveland be and is hereby authorized to purchase fire service apparatus as a participating public agency under MICPA Contract #FS12-19, as amended, held by Houston-Galveston Area Council as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through HGACBuy for the City of Cleveland and its citizens. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk j. Resolution 2023-43 – Authorizing the Mayor to sign a purchase agreement with G&W Diesel for a new Pierce Enforcer Pumper truck. RESOLUTION 2023-43 WHEREAS, the Cleveland Fire Department has received the attached purchase agreement from G&W Diesel dba Emergency Vehicle Specialists for a new Pierce Enforcer Pumper truck; and WHEREAS, this proposed purchase will be through the HGACBuy cooperative contract #FS12- 19 in the amount of $963,978.00; and WHEREAS, the City Council now desires to approve of the attached purchase agreement with G&W Diesel dba Emergency Vehicle Specialists for this Pumper truck, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. p. 138 REGULAR SESSION MAY 8, 2023 PAGE -138- MINUTE BOOK 31 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 purchase agreement with G&W Diesel dba Emergency Vehicle Specialists for this Pumper truck, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 8th day of May 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk k. Motion – Designating Depositories for the City of Cleveland. ANDREW JOHNSON BANK CAPSTAR BANK (ATHENS FEDERAL COMMUNITY BANK) BANK OF CLEVELAND FIRST CITIZENS NATIONAL BANK (SOUTHERN HERITAGE BANK) FIRST HORIZON (FIRST TENNESSEE BANK) SMART BANK (FSG BANK) PINNACLE BANK REGIONS BANK SOUTHEAST BANK AND TRUST TRUIST BANK UNITED COMMUNITY BANK l. Motion – Declaring the service weapon of Sergeant Buddy Mitchell as surplus property and given to him as a token of the City’s appreciation for his 31-years of dedicated service to the Cleveland Police Department. m. Motion – Observing Juneteenth (June 19, 2023) as a city holiday for city employees. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman Estes thanked Jonathan Jobe for his help on a project. He then asked Patti Petitt to do whatever we can to get lifeguards, including paying for their certification. He understands there is a shortage of lifeguards, this could help find them, and help keep the pools open throughout the season. Lastly, City Fields has built a number of houses already this month and is helping homeowners utilize the down payment assistance program. They are certifying people in hvac, forklifts and welding, etc. This is a group that is changing Cleveland. Councilman May thanked Tommy Myers for the sections where Public Works widened the roadway and the contractor resurfaced Blythe Ferry Road. Hopefully it will make it safer. Councilman Hughes stated on a Saturday, the Special Olympics were held at Cleveland Middle School. City and County worked together in having this special event for our young people. He appreciates the hard work. He then asked Mr. Jobe about the Mimosa and Peerless Road property. Mr. Jobe stated a letter has been sent to the property owner, Duane Goff and he will reach out to the renters. Councilman Webb stated he spoke with Bradley County Assessor Stanley Thompson during the break concerning the assessment ratio and the impact to our budget. Mr. Thompson p. 139 REGULAR SESSION MAY 8, 2023 PAGE -139- MINUTE BOOK 31 agreed to attend an upcoming meeting to further explain the impact. Secondly, earlier Mr. Stinnett mentioned the UV project at the Wastewater plant was estimated to cost $7.5 million. Over six years ago, it was estimated to cost roughly $2-3 million. That is what they are working against. Lastly, the budget message has a listing of capital projects completed since 2018. It is a significant list of 125 projects, and we should not lose sight of what we have funded and accomplished. Councilman May added what shape would we be in if we had not refinanced our variable rate debt. It was good timing on the bond issue. Councilman Webb stated Mr. Fivas and his staff are the ones that have made it possible. Without the management staff of the City, we wouldn’t be where we are today. Vice Mayor Johnson stated we have come a long way. Years ago, paving would be where we always had to cut in order to balance the budget. It is looking better. Secondly, he is glad to see the addition of the Juneteenth holiday for our city employees. He encouraged everyone to read about its history. Councilwoman McKenzie thanked city staff for their work on the budget. She is glad, once again, we have no tax increase. The departments work hard, in and out of the office, and she appreciates it. Mr. Fivas recognized the Finance budget staff, department heads and budget officers all work hard to bring a balanced budget. Councilwoman McKenzie added they make us look good. Mayor Brooks concurred and added he was thankful for no tax increase and for the Jetport budget cover as a nod to our retiring Director, Mark Fidler. Councilman Webb stated tire dumping continues to be a problem and reminded everyone that a reward fund has been established for the conviction of dumpers. Mayor Brooks stated in the past we have discussed tandem recycling program, not from Waste Connections, but through a separate bid. Mr. Fivas stated yes, once we get through the budget, we will transition to looking at options. Mayor Brooks added other than SPCA, dogs and cats, recycling is right up there as an important thing people are concerned about. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: a. Zoning Ordinance 2023-11 – Rezoning 10.76 acres, more or less, for property located at Benton Pike NE from IH Heavy Industrial zoning to MU Mixed Use zoning and includes Tax Map 058 Parcels 006.00 and 008.00 (Planning Commission: Approved 6-0; 3 absent). Zoning Ordinance 2023-11 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from IH Heavy Industrial Zoning District to MU Mixed Use Zoning District. Approximately 10.76 acres, more or less, located at Benton Pike as shown on the attached map. For reference, same property is being shown on Tax Map 058 Parcel 006.00 and 008.00, 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. p. 140 REGULAR SESSION MAY 8, 2023 PAGE -140- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman May moved that Zoning Ordinance 2023-11 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Ordinance was then presented in full: b. Ordinance 2023-12 – Amending Title 17, Section 17-107 of the Municipal Code pertaining to the sanitation user fees for Solid Waste and Refuse Collection. ORDINANCE 2023-12 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING THE VARIOUS RATES FOR SOLID WASTE AND REFUSE COLLECTION WITH THE NEW RATES TO BECOME EFFECTIVE JULY 1, 2023 WHEREAS, the City’s sanitation user fee, the commercial fee for commercial establishments, and the commercial recycling user fee are established in Title 17 of the Cleveland Municipal Code relating to refuse and trash disposal; and WHEREAS, Section 17-105 of the Cleveland Municipal Code provides that the sanitation user fee shall be set by an ordinance of the City Council; and WHEREAS, Section 17-107 of the Cleveland Municipal Code provides that the commercial fee charged for commercial establishments shall also be established by ordinance after the City Council receives the recommendation of the Public Works Director; and WHEREAS, Section 17-107 of the Cleveland Municipal Code further provides that the commercial recycling user fee shall be set by an ordinance adopted by the City Council; and p. 141 REGULAR SESSION MAY 8, 2023 PAGE -141- MINUTE BOOK 31 WHEREAS, the current rates previously established by ordinance are: Residential $10.95 monthly per unit Commercial $2.88 per cubic yard Commercial Recycle $2.52 per cubic yard Commercial Residential Accounts (small business, picked up like a residence) $10.95 monthly per unit; and WHEREAS, after considering the input and recommendation of the City Manager and the Public Works Director, the City Council desires to revise the rates as described herein. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee: Section 1. A. The sanitation user fee referenced in Section 17-105 of the Cleveland Municipal Code is hereby set at $14.25 monthly per unit effective July 1, 2023. B. The commercial rate referenced in Section 17-107 of the Cleveland Municipal Code is hereby set at $3.75 per cubic yard effective July 1, 2023. C. The commercial recycling rate referenced in Section 17-107 of the Cleveland Municipal Code is hereby set at $3.28 per cubic yard effective July 1, 2023. D. The commercial/residential rate for small businesses which are picked up like a residence is hereby set at $14.25 monthly per unit effective July 1, 2023. Section 2. That this Ordinance shall become effective upon 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 Webb moved that Ordinance 2023-12 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: c. Ordinance 2023-13 – Amending Title 16, Chapter 2, Section 16-203(1) of the Municipal Code pertaining to Street Cut Fees. ORDINANCE 2023-13 AN ORDINANCE OF THE CITY OF CLEVELAND AMENDING TITLE 16, CHAPTER 2, SECTION 16-203(1) OF THE CLEVELAND MUNICIPAL CODE PERTAINING TO STREET CUT FEES WHEREAS, the City Council has been presented with a recommendation from the City Manager to raise the cost of a street cut permit fee from $450 to $550 so that the fee will cover the actual costs of installing the patch; and WHEREAS, based on the recommendation of City Manager and City staff, the City Council now desires to amend Section 16-203 (1) of the Cleveland Municipal Code to raise this street cut fee. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 16, Chapter 2, Section 16-203 (1) of the Cleveland Municipal Code is amended by changing the first sentence under Section 16-203(1) to now read as follows: p. 142 REGULAR SESSION MAY 8, 2023 PAGE -142- MINUTE BOOK 31 "The fee for such permits shall be five hundred and fifty dollars ($550.00). Section 2: BE IT FURTHER ORDAINED that this ordinance shall become effective upon passage on final reading, the public welfare requiring it, however the increase in the street cut fee will not take effect until July 1, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance 2023-13 be approved on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Ordinance was then presented in full: d. Ordinance 2023-14 – Adopting the 2023 Tax Rate ($1.7130). ORDINANCE 2023-14 TAX ORDINANCE – YEAR 2023 AN ORDINANCE TO PROVIDE AND FIX FOR THE CITY OF CLEVELAND, TENNESSEE, FOR THE YEAR 2023, AND SUBSEQUENT YEARS, THE TAX RATE ON ALL PROPERTY, BOTH REAL AND PERSONAL; TO PROVIDE A BUSINESS TAX; TO PROVIDE FOR A SPECIAL FRANCHISE PRIVILEGE TAX, IN ACCORDANCE WITH AND AS SET FORTH IN THE “BUSINESS TAX ACT” KNOWN AS CHAPTER 387 OF THE PUBLIC ACTS OF 1971, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, WITHIN THE CORPORATE LIMITS OF THE CITY OF CLEVELAND, AND TO FIX A PENALTY FOR ANY PERSON, FIRM OR CORPORATION EXERCISING ANY SUCH VOCATION, OCCUPATION OR BUSINESS WITHIN SAID CITY OF CLEVELAND WITHOUT FIRST PAYING SAID TAX. SECTION 1. BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, that the tax levy on all property, both real and personal, for the year 2023, and each subsequent year thereafter be, and is, $1.7130 on each One Hundred Dollars ($100.00) of assessed valuation. SECTION 2. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all persons, firms and corporations engaged in any location, occupation or business within the corporate limits of said City shall pay a business tax to the City of Cleveland equal to and in the same amount as the business tax prescribed to be paid by such person, firm or corporation under the terms and provisions of the “Business Tax Act”, known and designated as Chapter 387 of the Public Acts of 1971, as passed by the aforesaid Act hereto attached, read and understood by the said City Council, and made a part of this Ordinance; and the rate of taxes on such business is made a part hereof as fully as if the same were incorporated in full herein; and the rate of taxes on such privilege and privileges named in said Act for retail businesses shall be as follows: Class 1A 1/10 of 1% retail 1/40 of 1% wholesale Class 1B 1/10 of 1% retail 3/80 of 1% wholesale Class 1C 1/10 of 1% retail 3/80 of 1% wholesale Class 1D 1/20 of 1% Class 2 3/20 of 1% retail 3/80 of 1% wholesale Class 3 3/16 of 1% retail 3/80 of 1% wholesale Class 4 1/10 of 1% p. 143 REGULAR SESSION MAY 8, 2023 PAGE -143- MINUTE BOOK 31 and the taxes shall be paid to the City Clerk as provided by law and Ordinances for the collection of all revenues for the City of Cleveland, Tennessee. SECTION 3. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that there is also levied a special franchise privilege tax, in accordance with the provisions of Chapter 311 of the Public Acts of the 85th General Assembly of the State of Tennessee, on all public utility corporations, domestic and foreign, and which do business, own property or operate as a public utility in the City of Cleveland, Tennessee. The base of such tax shall be determined as set forth in Chapter 311 aforesaid. The rate of said tax shall be $1.7130 for each one hundred dollars ($100.00) of assessed valuation. SECTION 4. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that it shall be unlawful for any person, firm or corporation to exercise the privileges set forth and referred to in this Ordinance before complying with the provisions of the Ordinance, and anyone exercising any of the forgoing privileges without paying the tax prescribed shall be guilty of a misdemeanor and liable to a fine on conviction of not less than $5.00, nor more than $50.00, for each such privilege which is exercised without a license, to be imposed by the City Judge of the City of Cleveland. SECTION 5. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that if any Section or part of this Ordinance shall be declared invalid or unenforceable, the invalidity of such Section or part shall not otherwise affect its validity but the remaining Sections or parts of this Ordinance shall be enforced without regard to the Section or part declared to be invalid. SECTION 6. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; however, this Ordinance shall not be the exclusive means of taxation within the City of Cleveland, Tennessee, but is in addition to any other valid Ordinances in existence at the present time by which the City may collect a tax or taxes, and this Ordinance shall take effect from and after its passage, the public welfare of the City of Cleveland requiring it. Signed in Open Meeting: ____________________________________ Councilwoman McKenzie ___________________________ _____________________________________ Kevin Brooks, Mayor Councilman Estes ATTEST: _____________________________________ Councilman Cassada ___________________________ _____________________________________ Shawn McKay, City Clerk Councilman May APPROVED AS TO FORM: _____________________________________ Councilman Hughes _________________________ _____________________________________ John F. Kimball, City Attorney Councilman Webb _____________________________________ Vice Mayor Johnson Vice Mayor Johnson moved that Ordinance 2023-14 be approved on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 144 REGULAR SESSION MAY 8, 2023 PAGE -144- MINUTE BOOK 31 The following Ordinance was then presented in full: e. Ordinance 2023-15 – Adopting the FY2024 Budget. p. 145 REGULAR SESSION MAY 8, 2023 PAGE -145- MINUTE BOOK 31 p. 146 REGULAR SESSION MAY 8, 2023 PAGE -146- MINUTE BOOK 31 p. 147 REGULAR SESSION MAY 8, 2023 PAGE -147- MINUTE BOOK 31 Vice Mayor Johnson moved that Ordinance 2023-15 be approved on first reading. The motion was seconded by Councilwoman McKenzie. Councilman May reminded Mr. Fivas, as discussed in the Work Session, if staff could look giving all of the 5% salary increase to employees on July 1. Mr. Fivas replied he believes they will be able to figure it out, and if there are any changes, he will bring that language to adopt it. Upon roll call, the motion unanimously passed. The following Ordinance was then presented in full: f. Ordinance 2023-16 – Amending Titel 20, Chapter 12, Section 20-1206(j) of the Municipal Codes pertaining to wreckers, towing services and background checks for wrecker operators. ORDINANCE 2023-16 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING TITLE 20, CHAPTER 12, SECTION 20-1206 (j) OF THE CLEVELAND MUNICIPAL CODE RELATING TO WRECKERS AND TOWING SERVICES AND BACKGROUND CHECKS FOR WRECKER OPERATORS WHEREAS, the Cleveland Police Department is requesting that Section 20-1206(j) of the Cleveland Municipal Code be amended; and WHEREAS, the City Council desires to amend this section of the Cleveland Municipal Code as requested by the Cleveland Police Department; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1. That Title 20 , Chapter 12, Section 20-1206 (j) of the Cleveland Municipal Code be amended to read as follows: 20-1206 (j): A Federal Bureau of Investigation nationwide fingerprint based criminal history check will be provided by the wrecker or towing operator for all employees that will be operating a wrecker for the company. The check will be required every two years on the even years. New drivers submitting a check in an odd year are exempt for the following even year and then will pick up with the subsequent even year check. A check will be required on all new drivers starting on or after July 1, 2023, and a check for all current and existing operators will be required with renewals in 2024. Section 2. That this Ordinance shall become effective 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 Councilman May moved that Ordinance 2023-16 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: g. Ordinance 2023-17 – Amending Title 5 of the Municipal Code by adding Chapter 7, Hotel/Motel Tax p. 148 REGULAR SESSION MAY 8, 2023 PAGE -148- MINUTE BOOK 31 ORDINANCE 2023-17 AN ORDINANCE AMENDING TITLE 5 OF THE CLEVELAND MUNICIPAL CODE BY ADDING CHAPTER 7, HOTEL/MOTEL TAX. WHEREAS, Title 5 of the Cleveland Municipal Code establishes procedures, requirements and restrictions pertaining to municipal finance and taxation; and WHEREAS, the Tennessee Code Annotated has been amended to authorize cities to implement a hotel occupancy privilege tax; and WHEREAS, the amendments adopted herein address the responsibilities of the City of Cleveland in regard to the aforementioned amendments to state law concerning the local hotel/motel tax; and WHEREAS, the City Council has determined that the amendments adopted herein are necessary and appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CLEVELAND, TENNESSEE, AS FOLLOWS: SECTION 1. Title 5 of the Cleveland Municipal Code, Municipal Finance and Taxation, is hereby amended by adding a new Chapter 7 to read as follows: CHAPTER 7 HOTEL/MOTEL TAX SECTION 5-701. Definitions. 5-702 City business license required. 5-703 Levy of tax authorized. 5-704 Disposition of tax. 5-705 Collection of refund. 5-706 Remittance of tax. 5-707 Monthly tax return. 5-708 No advertising of rebates. 5-709 Delinquent taxes – interest and penalty. 5-710 Records – inspection. 5-711 Administration and enforcement. 5-712 Deposit of funds. 5-701. Definitions. Whenever used in this chapter, terms shall have the meanings as defined by the applicable sections of Tennessee Code Annotated unless the context necessarily requires otherwise. 5-702. City business license required. No person shall conduct, keep, manage, operate or cause to be conducted, kept, managed or operated, either as owner, lessor, agent or attorney, any hotel in the city without having first obtained a valid and current city business license to do so. 5-703. Levy of tax authorized. The City Council of the City of Cleveland does hereby levy a privilege tax upon the privilege of occupancy in any hotel of each transient in the amount of four percent (4%) of the consideration charged by the operator. Such tax is a privilege tax upon the transient occupying such room and is to be collected as provided in this chapter. 5-704. Disposition of tax. The proceeds received by the City of Cleveland shall be designated and used to promote tourism and tourism development. p. 149 REGULAR SESSION MAY 8, 2023 PAGE -149- MINUTE BOOK 31 5-705. Collection and refund. (1) Such tax shall be added by the operator to each invoice prepared by the operator for the occupancy of the hotel and given directly or transmitted to the transient. Such tax shall be collected by such operator from the transient and remitted to the city, or if the occupancy was secured through a short-term rental unit marketplace, remitted to the State of Tennessee pursuant to Tennessee Code Annotated, title 67, chapter 4, part 15. (2) When a person has maintained occupancy for 30 continuous days, the person shall receive from the operator a refund or credit for the tax previously collected from or charged to said person, and the operator shall receive credit, in the form of a deduction on the monthly tax return, for the amount of the tax if previously remitted to the city. 5-706. Remittance of tax. (1) The tax hereby levied shall be remitted by all operators who lease, rent or charge for any rooms, lodgings, or accommodations in hotels within the city to the City Clerk, such tax to be remitted not later than the 20th day of each month for the preceding month. The operator is hereby required to collect the tax from the transient at the time of the presentation of the invoice for such occupancy whether prior to occupancy or after occupancy as may be custom of the operator, and if credit is granted by the operator to the transient, then the obligation to the City for the tax shall be that of the operator. (2) Any operator who is liable for the tax imposed under this chapter may round off all figures used on the tax return to the nearest dollar amount. (3) For the purpose of compensating the operator for remitting the tax levied by this chapter, the operator shall be allowed to deduct two percent (2%) of the amount of the tax due and remitted to the City Clerk in the form of a deduction in submitting the report and paying the amount due by such operator, provided the amount due was not delinquent at the time of payment. 5-707. Monthly tax return - annual audit. The City Clerk shall be responsible for the collection of such tax. A monthly tax return under oath shall be filed with the City Clerk by the operator with such number of copies thereof as the City Clerk may reasonably require for the collection of such tax. The return of the operator shall include such facts and information as may be deemed reasonable for the verification of the tax due. The form of such return shall be developed by the City Clerk with the approval of the City Manager. The City Clerk shall have the authority and right to audit and inspect records of each operator in the city. 5-708. No advertising of rebates. No operator of a hotel shall advertise or state in any manner whether directly or indirectly that the tax or any part thereof will be assumed or absorbed by the operator or that it will not be added to the rent, or that if added, any part will be refunded. 5-709. Delinquent taxes - interest and penalty. Taxes collected by an operator which are not remitted to the City on or before the due dates are delinquent. An operator shall be liable for interest on such delinquent taxes from the due date at the rate of twelve percent (12%) per annum and is liable for an additional penalty of one percent (1%) for each month or fraction thereof such taxes are delinquent. Such interest and penalty shall become a part of the tax herein required to be remitted. Each occurrence of willful refusal of an operator to collect or remit the tax or willful refusal of a transient to pay the tax imposed is unlawful and shall be punishable by a civil penalty of fifty dollars ($50) per day per offense. 5-710. Records - inspection. It is the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve for a period of three years all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of the payment to the city, which records the City Clerk shall have the right to inspect at all reasonable times. p. 150 REGULAR SESSION MAY 8, 2023 PAGE -150- MINUTE BOOK 31 5-711. Administration and enforcement. The City Clerk, under the guidance of the City Manager, in administering and enforcing the provisions of this chapter shall have as additional powers, those powers and duties with respect to collecting taxes as provided in Tennessee Code Annotated title 67 or otherwise by law for the county clerks. (1) Upon any claim of illegal assessment and collection, the taxpayer has the remedies provided in Tennessee Code Annotated, title 67, chapter 23, it being the intent of this chapter that the provision of law which apply to the recovery of state taxes illegally assessed and collected shall also apply to the tax levied under the authority of this chapter. The City Clerk shall also possess those powers and duties as provided in Tennessee Code Annotated, section 67- 1-707, for the county clerks with respect to the adjustment and refunds of such tax. (2) With respect to the adjustment and settlement with taxpayers all errors of taxes collected by him under authority of this chapter shall be refunded by the city. The City Clerk shall have the authority to direct the refunding of same. Notice of any tax paid under protest shall be given to the City Clerk and any suit brought for recovery of tax paid under protest shall name the City Clerk. 5-712. Deposit of funds. The City Clerk is hereby charged with the duty of collection of the tax herein authorized and shall place the proceeds of such tax in accounts within the various funds as required. SECTION 2. Any Ordinance, Resolution, Motion or parts thereof in conflict herewith are hereby repealed and superseded. If any sentence, clause, phrase, or paragraph of this Ordinance is declared to be unconstitutional by any Court of competent jurisdiction, such holding will not affect any other portion of this Ordinance. SECTION 3. BE IT FURTHER ORDAINED that this Ordinance shall take effect upon final reading, the public welfare requiring it, however the tax imposed herein will not take effect until August 1, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Ordinance 2023-17 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. h. Motion – Approval of Sidewalk and Greenway Master Plan AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Robert W. Varnell, Director of Planning and Community Development DATE: May 4, 2023 RE: Sidewalk and Greenway Master Plan SUMMARY: Applicant: City of Cleveland Request: Sidewalk and Greenway Master Plan Approval The City of Cleveland adopted the Sidewalk Ordinance requirements in November of 2022. This ordinance requires sidewalk construction and right-of-way dedication for residential, commercial, and industrial developments across the City. It also offers the option of a payment of a fee in lieu of construction which can be used by the City for future sidewalk improvements. p. 151 REGULAR SESSION MAY 8, 2023 PAGE -151- MINUTE BOOK 31 The Ordinance required the completion of a sidewalk and greenway master plan to guide sidewalk and greenway construction through the development process. The map includes locations where sidewalk construction is required as well as a zoning overlay which will guide planners in the future for enhancing the pedestrian network in Cleveland. RECOMMENDATION: City staff recommends approval of Sidewalk and Greenway Master Plan as an addendum to Title 16, Chapter 5. [map on file in the Development Office.] i. Motion – Council appointment to the Cleveland Utilities Authority for a term to expire June 30, 2024. Councilman Webb moved to appoint Councilman Dale Hughes to the Cleveland Utilities Authority for a term to expire June 30, 2024. The motion was seconded by Councilman May; and upon roll call, unanimously passed. j. Motion – Council appointment to the Cleveland Utilities Authority for a term to expire June 30, 2025. Councilman May moved to appoint Mayor Kevin Brooks to the Cleveland Utilities Authority for a term to expire June 30, 2025. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Cameron Fisher, Chairman of the Greenway Board asked that any future masterplans for the Greenway or any involvement with the Greenway, that the Board be informed. Councilman Estes stated this is not a masterplan like you think of a masterplan. This is more for sidewalks and how they can be incorporated into the Greenway. This is more an internal mapping for staff when helping to develop sidewalks and new developments. Mr. Fisher added it would also be beneficial if the city had 2-4 staff solely dedicated to upkeep of the Greenway and trails in the area. Councilman Webb added he received a text from Milan Blake concerning the assessment ratio and his studies on the subject. He is asking that we work together on the issue. Out of 95 counties in Tennessee, there are 50 counties dealing with this issue. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, May 22, 2023. b. City Offices will be closed Monday, May 29, 2023 in observance of Memorial Day. c. City Offices will be closed Monday, June 19, 2023 in observance of Juneteenth. ADJOURNMENT Mayor Brooks asked for a moment of silence for retired Police Officer Ron Moore, who passed away over the weekend. There being no future business the meeting was adjourned at 3:49 p.m. _________________________________ _________________________________ Mayor City Clerk