Cleveland City Council

p. 295 REGULAR SESSION AUGUST 28, 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, AUGUST 28, 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; Beverley Lindsey, Assistant to the City Manager; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Assistant Police Chief Stacy Smith; Interim Fire Chief Rock Eulo; Bryan Turner, Assistant Development Director; Kris Miller, IT Director; Gideon Ratcliff with Mix104.1; Cathy Andrews, CDBG Coordinator; Doug Berry with the Chamber of Commerce; Milan Blake; Christine and Aiden Williams; David Goodwill; Mackenzie Colston; Luke Sizemore; Tom ames Morgan; Allen Ledford; Towo Oni; Warbrit Lowery; Kim Brooks with Lee University; John Thomason; Edna Swafford; Dustin Tommey 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 Councilman Estes 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 August 14, 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 Mayor Brooks welcomed Ms. Shari Tayloe, District Attorney General of the Tenth Judicial District to today’s meeting. Ms. Tayloe thanked the City Council and stated she wanted to introduce herself to everyone. She grew up in Bradley County and the community is very important to her. Governor Bill Lee appointed her on July 17, 2023, which she appreciates his confidence in her. Ms. Tayloe and her staff are looking forward to continuing the great working relationship with the Cleveland Police Department. Mayor Brooks asked if anyone else would like to address the Council. No one spoke. HEARING PETITIONS AND COMMUNICATIONS There were no hearing petitions and communications. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented during the Work Session. City Manager Joe Fivas removed Resolution 2023-92, regarding the travel policy for additional review. Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. a. Final Passage - Ordinance 2023-26 – heretofore passed on first reading August 14, 2023 and found in Minute Book 31, Page 252; Abandoning a section of unopened right-of-way located between Pugh St. NE and Lang St NE (Planning Commission: Approved 7-0; 2 absent). p. 296 REGULAR SESSION AUGUST 28, 2023 PAGE -296- MINUTE BOOK 31 b. Final Passage - Zoning Ordinance 2023-29 – heretofore passed on first reading August 14, 2023 and found in Minute Book 31, Page 254; Concerning a request by Ava Castillo for consideration of an ordinance to rezone about 2.10 acres, more or less, located at 4020 N. Ocoee Street, from PI Professional Institutional to CN Commercial Neighborhood Zoning District and includes Tax Map 042G Group C Parcel 036.00 (Planning Commission: Approved 7-0; 2 absent). c. Final Passage - Zoning Ordinance 2023-30 – heretofore passed on first reading August 14, 2023 and found in Minute Book 31, Page 255; Concerning a request by Pleasant Grove Properties for consideration of an ordinance to amend PUD19 development standards which is located on Sunset Dr. and includes Tax Map 042P Group J Parcel 005.00 (Planning Commission: Approved 6-0; 1 recused, 2 absent). d. Final Passage - Zoning Ordinance 2023-31 – heretofore passed on first reading August 14, 2023 and found in Minute Book 31, Page 263; Concerning a request a request by B&J Properties for consideration of an ordinance to amend PUD41 to include 16 townhouses as an allowable use which is located at 443 Minnis Rd. and includes Tax Map 058 Parcels 025.02, 024.00, and 024.05 (Planning Commission: Approved 6-0; 1 recused, 2 absent). e. Resolution 2023-87 – Authorizing the future purchase of cameras for the Greenway Camera Project through the Master Intergovernmental Cooperative Agreement #230202. RESOLUTION 2023-87 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE SECURITY SYSTEM PRODUCTS AND SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT #230202, AS AMENDED, WHICH IS ADMINISTERED BY THE INTERLOCAL PURCHASING SYSTEM (TIPS). __________________________________________________________________ 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 Waypoint Business Solutions (“Company”) and The Interlocal Purchasing System (TIPS) a government cooperative purchasing program authorized by the Region 8 Education Service Center of Pittsburg, Texas (“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 security systems products and services 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 on-line with The Interlocal Purchasing System (TIPS) at https://tips-usa.com 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 #230202, as amended, held by Region 8 Education Service Center as required by Tennessee Code Annotated § 12-3-1205 (a)(1). p. 297 REGULAR SESSION AUGUST 28, 2023 PAGE -297- MINUTE BOOK 31 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 security system products and services as a participating public agency under MICPA Contract #230202, as amended, held by Region 8 Education Service Center as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through The Interlocal Purchasing System (TIPS) 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 f. Resolution 2023-88 – Authorizing the Mayor to sign a grant contract with the Tennessee Department of Intellectual and Developmental Disabilities for an adult changing table for the restroom at the Civitan Inclusive Park. RESOLUTION 2023-88 WHEREAS, the City has received the attached grant contract from the Tennessee Department of Intellectual and Developmental Disabilities for an adult changing table for the restroom at the Civitan Inclusive Park located near George R. Stuart Elementary School; and WHEREAS, City staff anticipate that the City will have the opportunity to receive additional grant contracts from the Tennessee Department of Intellectual and Developmental Disabilities for additional adult changing tables to be used at other City facilities; and WHEREAS, the City Council desires to enter into the attached grant contract with the Tennessee Department of Intellectual and Developmental Disabilities for an adult changing table for the restroom at the Civitan Inclusive Park located near George R. Stuart Elementary School, and to further authorize the Mayor to execute this contract on behalf of the City of Cleveland; and WHEREAS, the City Council also desires to authorize City staff to pursue additional grant contracts with the Tennessee Department of Intellectual and Developmental Disabilities for additional adult changing tables to be used at other City facilities, up to a maximum of five (5) additional grant contracts, and to further authorize the Mayor to execute these additional grant contracts on behalf of the City of Cleveland once received by City staff. 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 the Tennessee Department of Intellectual and Developmental disabilities for an adult changing table for the restroom at the Civitan Inclusive Park located near George R. Stuart Elementary School, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby also approve of and authorize City staff to pursue additional grant contracts with the Tennessee Department of Intellectual and Developmental Disabilities for additional adult changing tables to be used at other City facilities, up to a maximum of five (5) additional grant contracts, and to further authorize the Mayor to execute these additional grant contracts on behalf of the City of Cleveland once received by City staff. [on file in the City Clerk’s Office.] This 28th day of August 2023. APPROVED AS TO FORM: p. 298 REGULAR SESSION AUGUST 28, 2023 PAGE -298- MINUTE BOOK 31 /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk g. Resolution 2023-89 - Accepting Pearson Lane (approximately 1,230 LF in length) in the Quail Ridge Development as a city street. RESOLUTION 2023-89 WHEREAS, Quail Ridge subdivision is a development located in the City of Cleveland; and WHEREAS, Quail Ridge subdivision is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 88; and WHEREAS, Pearson Lane is a street located within this subdivision and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Pearson Lane as a City street; and WHEREAS, the City's engineering staff is recommending that Pearson Lane be accepted as a City street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Pearson Lane (approximately 1230 linear feet in length) as a City street. This 28th day of August 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk h. Resolution 2023-90 - Accepting Brookebridge Court (approximately 320 LF in length) in the Brooke Bridge Development as a city street. RESOLUTION 2023-90 WHEREAS, Brooke Bridge subdivision is a cluster home development located in the City of Cleveland; and WHEREAS, Brooke Bridge subdivision is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 33 Page 38; and WHEREAS, Brookebridge Court is a street located within this subdivision and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Brookebridge Court as a City street; and WHEREAS, the City's engineering staff is recommending that Brookebridge Court be accepted as a City street. p. 299 REGULAR SESSION AUGUST 28, 2023 PAGE -299- MINUTE BOOK 31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Brookebridge Court as a City street. This 28th day of August 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk i. Resolution 2023-91 – Authorizing the Mayor to sign an agreement with Thompson Engineering related to Culvert Replacement Projects. RESOLUTION 2023-91 WHEREAS, the City has received the attached contract from the Thompson Engineering for culvert replacements and improvements at Inman Street and 12th Street; and WHEREAS, the City Council desires to enter into the attached contract with Thompson Engineering for these project(s) and to further authorize the Mayor to execute this contract on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached contract with Thompson Engineering for these project(s) 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 28th day of August 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk j. Reappointment – Airport Authority - Ben Chandler for an additional 5-year term to expire 9/2028. k. Motion – Declaring a 2005 F450 truck as surplus property for the Public Works Department and to be sold on GovDeals. l. Resolution 2023-93 – Amending the Authorized Positions List for FY2024 Budget. RESOLUTION 2023-93 A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR THE FY2024 BUDGET WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2024 City Budget; and WHEREAS, the City Budget contains the “Authorized Employees By Fund, Department, and Position Classification”; and p. 300 REGULAR SESSION AUGUST 28, 2023 PAGE -300- MINUTE BOOK 31 WHEREAS, the City Manager is recommending that the City Council approve a change in the authorized positions as set forth in the City Manager’s memorandum to the Mayor and City Council dated August 25, 2023 which is attached hereto; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located on pages 86 through 89 of the FY2024 City Budget is hereby amended to reflect the changes included in the attached memorandum. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 28th day of August, 2023 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 301 REGULAR SESSION AUGUST 28, 2023 PAGE -301- MINUTE BOOK 31 p. 302 REGULAR SESSION AUGUST 28, 2023 PAGE -302- MINUTE BOOK 31 UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilwoman McKenzie had no report at this time. Councilman Estes had no report at this time. Councilman Cassada asked for an update on projects behind the Freddy’s on Paul Huff Parkway (Callen Lane NW). Mr. Jobe stated currently there are plans for a dentist office and a hotel. Councilman Cassada inquired about a hotel behind Chick Fil-A. Mr. Jobe stated yes, that has plans for a Hilton hotel. Councilman Cassada then stated he received a call concerning Campbell Cove and asked for it to be placed on the upcoming paving list. Lastly, he announced September 14 at 5:30 p.m. at Candy’s Creek Elementary School will be the 3rd District Community meeting. Councilman May had no report at this time. Councilman Hughes had no report at this time. Councilman Webb had no report at this time. Vice Mayor Johnson inquired about the updated street lighting on Inman Street and how far east would it go. Mr. Fivas replied at least to Gaut Street, with sidewalks and streetscaping. p. 303 REGULAR SESSION AUGUST 28, 2023 PAGE -303- MINUTE BOOK 31 NEW BUSINESS AND ORDINANCES a. Ordinance 2023-34 – Amending Title 13 of the Cleveland Municipal Code to create a new Chapter 5 titled Cleveland Land Bank Authority, which will create a Land Bank Corporation in accordance with TCS 13-30-101. ORDINANCE NO. 2023-34 AN ORDINANCE TO AMEND TITLE 13 OF THE CLEVELAND MUNICIPAL CODE TO CREATE A NEW CHAPTER, 5 TITLED “CLEVELAND LAND BANK AUTHORITY” WHICH WILL CREATE A LAND BANK CORPORATION IN ACCORDANCE WITH TENNESSEE CODE ANNOTATED § 13-30-101 ET SEQ. WHEREAS, Tennessee Code Annotated § 13-30-101 et seq. establishes the Tennessee Local Land Bank Program which authorizes municipalities and counties meeting certain requirements to establish a program creating a corporation with authority to operate a land bank for real property; and WHEREAS, the City of Cleveland, Tennessee, meets the requirements set forth by Tennessee Code Annotated § 13-30-104 to establish a land bank program; and WHEREAS, the City of Cleveland desires to establish a program by creating a land bank corporation to provide a tool to support economic revitalization through returning vacant, abandoned and tax-delinquent properties to productive use; and WHEREAS, the City Council of the City of Cleveland hereby indicates its willingness to appropriate sufficient funds to provide for the initial administration of the corporation in accordance with Tennessee Code Annotated § 13-30-104(b)(2). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED: Section 1. Title 13, Property Maintenance Regulations of the Code of Ordinances of the City of Cleveland, Tennessee, is hereby amended by creating a new Chapter 5, to be titled “Cleveland Land Bank Authority”, which new chapter shall read as follows: CHAPTER 5 CLEVELAND LAND BANK AUTHORITY Section 13-501 Legislative Authority Section 13-502 Findings Section 13-503 Creation Section 13-504 Board of Directors Section 13-505 Meetings, Quorum, Majority Vote, Officers, Rules and Regulations, Removal, Compensation, Organization, Minutes, Report, Audit. Section 13-506 Powers Section 13-507 Taxation Section 13-508 Real Property, Inventory List Section 13-509 Conveyance of Property Section 13-510 Priorities for the Use of Real Property in the Land Bank Section 13-511 Appeal Procedure Section 13-512 Dissolution p. 304 REGULAR SESSION AUGUST 28, 2023 PAGE -304- MINUTE BOOK 31 Section 13-501. Legislative Authority. The City of Cleveland meets all requirements of, and is therefore authorized by, Tennessee Code Annotated § 13-30-104(a)(1) to establish a program by creating a land bank corporation in accordance with the provisions of the Tennessee Local Land Bank Program (Tennessee Code Annotated § 13-30-101 et seq.). Section 13-502. Findings. The Cleveland City Council finds and declares as follows: (1) There is a need to strengthen and revitalize the economy by solving the problems of vacant, abandoned, and tax-delinquent real property and to foster the development of such property and promote economic growth. (2) Disinvestment in real property results in a significant amount of vacant and abandoned real property which represents lost revenue to the city and high costs associated with demolition, as well as spreading neighborhood deterioration. (3) A land bank can be an effective tool to facilitate the return of vacant, abandoned and tax- delinquent real properties to productive use, thereby supporting economic revitalization. (4) There is a need for a land bank to function within the jurisdictional boundaries of the City of Cleveland. Section 13-503. Creation. The Cleveland Land Bank Authority is hereby created pursuant to the authority of the Tennessee Local Land Bank Program set forth in Tennessee Code Annotated § 13-30-101 et seq. By such statue, the Cleveland Land Bank Authority has authority to create a land bank for real property located within the boundaries of Cleveland. For purposes of this chapter, “land bank” means real property, however obtained, or acquired and held by the Cleveland Land Bank Authority, with the intent of acquiring and holding onto the real property so acquired until such time as the corporation is able to find a willing and able buyer to acquire the real property from the corporation. (Tennessee Code Annotated § 13-30-101 et seq., Tennessee Code Annotated § 13-30-107) Section 13-504. Board of Directors. (1) Number and Qualifications of Directors. The Cleveland Land Bank Authority’s Board of Directors shall consist of five (5) directors, one of which shall be a member of the Cleveland City Council. All directors shall be electors and taxpayers in the City of Cleveland. Preference may be given to people in the following fields: banking, real estate, and legal. (Tennessee Code Annotated § 13-30-105) (2) Appointment of Directors. Directors shall be appointed by the City Council. (3) Terms of Directors. The City Council member shall serve until expiration of his or her current term of office on City Council. Of the remaining directors first appointed, two (2) directors shall serve through December 31, 2025, and two (2) shall serve through December 31, 2026, and thereafter the term of office shall be three (3) years commencing on January 1. In case of resignation, death, or removal from office, another appointment will be made to finish out the unexpired term of office. Directors shall continue to serve beyond the end of the director’s term until the director’s successor has been appointed. p. 305 REGULAR SESSION AUGUST 28, 2023 PAGE -305- MINUTE BOOK 31 (Tennessee Code Annotated § 13-30-105) Section 13-505. Meetings, Quorum, Majority Vote, Officers, Rules and Regulations, Removal, Compensation, Organization, Minutes, Report, Audit. (1) Meetings. The board shall meet in regular session according to a schedule adopted by the board, and shall also meet in special session as convened by the chairman or upon written notice signed by a majority of the members. (Tennessee Code Annotated § 13-30-106) (2) Quorum. The presence of a majority of the total board membership constitutes a quorum for the transaction of any business. (Tennessee Code Annotated § 13-30-106) (3) Majority Vote. Unless a greater number or percentage is required by state law, the affirmative vote of a simple majority of the directors present and voting at any meeting at which a quorum is present shall be the action of the corporation. However, no action of the board shall be authorized on the following matters unless approved by a majority of the total board membership: (i) Adoption of bylaws and other rules and regulations for conduct of the business of the corporation; (ii) Hiring or firing of any employee or contractor of the corporation; however, this function may be delegated by majority vote of the total board membership to a specified officer or committee of the corporation under such terms and conditions and to the extent specified by the board; (iii) The incurring of debt; (iv) Adoption or amendment of the annual budget; and (v) Sale, lease, encumbrance, or alienation of real property, improvements, or personal property with a value of more than Fifty thousand dollars ($50,000.00) (vi) Vote by proxy is not permitted. Any member may request a recorded vote on any resolution or action of the board. (Tennessee Code Annotated § 13-30-106) (4) Officers, Duties. At the first meeting each year, the board of directors shall select from among themselves a chairman, a vice chairman, a treasurer, and such other officers as the board may determine, and shall establish their duties as may be regulated by rules adopted by the board. (Tennessee Code Annotated § 13-30-106) (5) Rules and Regulations, Removal of Member by Board. The board of directors shall establish rules and regulations relative to the attendance and participation of members in its meetings, regular or special. No rules or bylaws may contravene state law. Such rules and regulations may prescribe a procedure whereby, should any member fail to comply with such rules and regulations, such member may be disqualified and removed automatically from office by no less than a majority vote of the remaining members of the board, and that member’s position shall be vacant as of the first day of the next calendar month. Any person removed under the provisions of this subsection shall be ineligible for reappointment to the board unless such reappointment is confirmed unanimously by the board. p. 306 REGULAR SESSION AUGUST 28, 2023 PAGE -306- MINUTE BOOK 31 (Tennessee Code Annotated § 13-30-106, Tennessee Code Annotated § 13-30-107) (6) Removal of Member by City Council. Any citizen or group of citizens upon collection of a petition having a clearly worded purpose, of at least twenty (20) verified signatures of qualified, registered City of Cleveland voters may present to City Council a resolution calling for the removal of any board member. The City Council shall have the power, upon timely and due consideration of the citizen petition and a response from the board, to remove or retain the cited board member by simply majority vote. Removal from the board of directors of any public official shall not, in and of itself, impair the public official in his or her other duties. (Tennessee Code Annotated § 13-30-106) (7) Compensation. Board members serve without compensation. (Tennessee Code Annotated § 13-30-106) (8) Organization. Board members have the power to organize and reorganize the executive, administrative, clerical, and other departments of the corporation and to fix the duties, powers, and compensation of all employees, agents, and consultants of the corporation. The board may reimburse any member for expenses actually incurred in the performance of duties on behalf of the corporation. (Tennessee Code Annotated § 13-30-106). (9) Minutes. The board of directors shall cause minutes and a record to be kept of all its proceedings and such records shall be available for timely public inspection. (Tennessee Code Annotated § 13-30-112, Tennessee Code Annotated § 13-30-107) (10) Open Meetings. All meetings shall be open to the public with appropriate notice published in accordance with Tennessee Code Annotated § 13-30-107(d). (Tennessee Code Annotated § 13-30-112) (11) Annual Report. An annual report shall be filed with City Council, containing a detailed financial accounting of the corporation’s debt obligations, income (sources and amounts), properties, dispositions, expenditures, acquisitions, contracts (executed and pending within the next ninety (90) days), significant activities, and other data as required by the organizational bylaws and governance documents. This annual report shall be maintained on file for audit purposes and immediately available to the Department of Audit in the Office of the Comptroller of the Treasury upon request. Additionally, all such reports shall be available for public inspection. (Tennessee Code Annotated § 13-30-112) (12) Annual Audit. An annual audit shall be made of the books and records of the corporation. A copy of the audit shall be filed annually with the City Council. (Tennessee Code Annotated § 13-30-112(c) and (e)) Section 13-506 Powers. The Cleveland Land Bank Authority has all powers as set forth in the Tennessee Local Land Bank Program except as limited by this chapter. (Tennessee Code Annotated § 13-30-101 et seq.) p. 307 REGULAR SESSION AUGUST 28, 2023 PAGE -307- MINUTE BOOK 31 Section 13-507 Taxation. By Tennessee Code Annotated § 13-30-104 the Cleveland Land Bank Authority is performing a public function on behalf of the City and is a public instrumentality of the City. Accordingly, the Cleveland Land Bank Authority and all properties of the corporation, including all properties held in the name of the corporation in the land bank, at any and all times owned by it, and the income and revenues from the properties are exempt from all taxation in the State of Tennessee. Section 13-508 Real Property, Inventory List. The Cleveland Land Bank Authority shall hold in its own name all real property acquired by the corporation for the land bank irrespective of the identity of the transferor of such property. The Cleveland Land Bank Authority shall comply with the provisions of Tennessee Code Annotated § 13-30-111 which includes, but is not limited to, maintenance of an inventory for all real property held by the corporation, and establishment of terms and conditions for consideration to be received by the corporation for property transfers. Section 13-509 Conveyance of Property. The Cleveland Land Bank Authority may convey, exchange, sell, transfer, lease as lessee, grant, release and demise, pledge and hypothecate any and all interests in, upon or to real property of the land bank. All land bank properties shall be sold or leased at fair market value. (Tennessee Code Annotated § 13-30-111(d)) Section 13-510 Priorities for the Use of Real Property in the Land Bank. The City Council is authorized by Tennessee Code Annotated § 13-30-111(e) to establish a hierarchical ranking of priorities for the use of real property conveyed to the Cleveland Land Bank Authority as part of the land bank. The City Council may establish such priorities by resolution. Section 13-511 Appeal Procedure. The City Council hereby establishes the following appeal procedure for any person aggrieved by the decision of the Cleveland Land Bank Authority with respect to real property proposed for acquisition or acquired by, held, and disposed of by the Cleveland Land Bank Authority. The Building Board of Adjustment and Appeals shall act as the appeals committee required by Tennessee Code Annotated § 13-30-118 and all procedures set forth therein shall be followed for these appeals. Section 13-512 Dissolution. The Cleveland Land Bank Authority may be dissolved in accordance with general law for the dissolution of a public corporation absent any establishment by City Council for dissolution of the corporation. (Tennessee Code Annotated § 13-30-113) Section 2. In accordance with Tennessee Code Annotated § 13-30-104(b)(1), the Mayor and/or the City Manager hereby are authorized to and shall certify to the Tennessee Secretary of State evidence of authorization for the City of Cleveland, Tennessee, to establish the land bank program and create the corporation. Section 3. p. 308 REGULAR SESSION AUGUST 28, 2023 PAGE -308- MINUTE BOOK 31 In accordance with Tennessee Code Annotated § 13-30-104(b)(2), the City Council hereby indicates its willingness to appropriate sufficient funds to provide for the initial administration of the corporation. Section 4. This ordinance shall become effective upon passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance 2023-34 be voted for passage on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. b. Zoning Ordinance 2023-36 - Concerning a request by John and Joan Gilliland for consideration of an ordinance to zone about 19.62 acres, more or less, for property located on Durkee Road and Bates Pike from unincorporated county to R-1 Single Family Residential Zoning District and includes a portion of Tax Map 058K Group F Parcel 001.00 (Planning Commission: Approved 9-0). [At final passage it was discovered there was an error in the sequential numbering in the Ordinances. This Zoning Ordinance has been renumbered to Zoning Ordinance 2023-36.] Zoning Ordinance 2023-36 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 FAR Zoning District to R-1 Single Family Residential Zoning District. Approximately 19.62 acres, more or less, located on the corner of Durkee Rd. and Bates Pike as shown on the attached map. For reference, same property is being shown on a portion of Tax Map 058K Group F Parcel 001.00, 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 p. 309 REGULAR SESSION AUGUST 28, 2023 PAGE -309- MINUTE BOOK 31 Exhibit A Councilman Hughes moved that Zoning Ordinance 2023-36 be voted for passage on first reading. The motion was seconded by Councilman May. Councilman Cassada inquired about the requestor, as both John and Joan Gilliland have passed away. Mr. Kimball stated the request was from their Trust. Upon roll call, the motion was unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, September 11, 2023. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:16 p.m. _________________________________ _________________________________ Mayor City Clerk