Cleveland City Council

p. 423 REGULAR SESSION NOVEMBER 27, 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, NOVEMBER 27, 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, Tom Cassada, David May, 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; Assistant Fire Chief Pete VanDusen, Jonathan Jobe, Development and Engineering Department; Chris Gaylor, Assistant IT Director; Seth Sumner, Transportation Planner; Tommy Myers, Public Works Director; Robert Varnell, Planning and Community Development Director; Gideon Ratcliff with Mix104.1; Doug Berry with the Chamber of Commerce; Warbrit Lowery; Kathryn Haley; Lucy Rymer with the Museum Center; Roy Roman; Kim Brooks with Lee University and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, 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 November 13, 2023 and approve them as written. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Lucy Rymer, with the Museum Center at Five Points thanked the City Council for moving forward with preservation efforts for the Cherokee Chieftain. We are eager to preserve it for future generations and looks forward to further conversations. The Museum Board has agreed to set aside funding for ongoing and long-term preservation efforts if it remains on their property permanently. 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. Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. a. Final Passage - Zoning Ordinance 2023-41 – Heretofore passed on first reading September 11, 2023 and found in Minute Book 31, Page 332; Zoning about 10 acres more or less, of property located on the NE corner of Georgetown Rd. and Eureka Rd. from unincorporated county to CH Highway Commercial Zoning District and includes Tax Map 026 Parcel 029.01 (Planning Commission: Approved 9-0). p. 424 REGULAR SESSION NOVEMBER 27, 2023 PAGE -424- MINUTE BOOK 31 b. Final Passage - Zoning Ordinance 2023-53 – Heretofore passed on first reading November 13, 2023 and found in Minute Book 31, Page 399; Zoning about .52 acres, more or less, of property located on King Street from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 065D Group B Parcels 012.04 (Planning Commission: Approved 7- 0; 2 absent). c. Final Passage - Zoning Ordinance 2023-54 – Heretofore passed on first reading November 13, 2023 and found in Minute Book 31, Page 400; Zoning about .52 acres, more or less, of property located on Old Chattanooga Pike from IL Light Industrial to R-2 Low Density Single and Multi-Family zoning and includes Tax Map 065B Group A Parcel 001.01 (Planning Commission: Approved 7-0; 2 absent). d. Final Passage - Zoning Ordinance 2023-55 – Heretofore passed on first reading November 13, 2023 and found in Minute Book 31, Page 409; Zoning about 1.33 acres, more or less, of property located on Tennessee Nursery Road from unincorporated county to R-1 Single Family Residential and includes Tax Map 049H Group D Parcels 012.00 and 012.01 (Planning Commission: Approved 7-0; 2 absent). e. Final Passage - Zoning Ordinance 2023-56 – Heretofore passed on first reading November 13, 2023 and found in Minute Book 31, Page 420; Zoning about 2.16 acres, more or less, of property located on Georgetown Rd. from unincorporated county to CH Highway Commercial and includes Tax Map 026G Group D Parcels 024.00 and 025.00 (Planning Commission: Approved 7-0; 2 absent). f. Motion – Appointments for Land Bank Authority. TO: Mayor & City Council FROM: Dustin Tommey, Redevelopment Coordinator DATE: November 27, 2023 RE: Appointments for Land Bank Authority SUMMARY: The City Council has approved the formation of the Land Bank Authority. We have strategically hoped to have someone who has experience in legal transactions, banking transactions, real estate transactions, and a member at-large that would have special skills in working on redevelopment. City staff has received the applications of Jarrod Casteel, Bill Martin, and Julie Martinez to represent the City on Land Bank Authority. Jarrod Casteel is an attorney, Bill Martin works at Pinnacle Bank, and Julie Martinez works at Lee University. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: Appointment of Bill Martin to a 3-year term beginning January 1, 2024 Appointment of Jarrod Casteel to a 3-year term beginning January 1, 2024 Appointment of Julie Martinez to a 3-year term beginning January 1, 2024 p. 425 REGULAR SESSION NOVEMBER 27, 2023 PAGE -425- MINUTE BOOK 31 g. Motion – Authorization for staff to begin right-of-way purchases for multiple city projects. TO: Mayor & City Council FROM: Joe Fivas, City Manager DATE: November 27, 2023 RE: Process for ROW Acquisition SUMMARY: City staff will work with the Land Bank Authority and the City Council to begin the acquisition of ROW on several City capital projects. These projects include ROW for the South Lee sidewalk project, 20th Street widening near Old Tasso, 3rd Street widening in downtown, Adkisson Sidewalk Project, Mouse Creek widening project, Michigan Avenue widening project. All of these projects are outlined in our December 2022 Capital Projects and approved by the City Council. The City Council has allocated Bond Funds for these projects, and the approval of this item will allow City staff and Land Bank Authority to use these Bond funding to make these purchases for capital projects. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends the approval of giving authority for City staff to work with the Land Bank Authority to acquire ROW properties for the South Lee sidewalk project, 20th Street widening near Old Tasso, 3rd Street widening in downtown, Adkisson Sidewalk Project, Mouse Creek widening project, Michigan Avenue widening project. The approval also gives City staff authorization to transfer funds to the Land Bank Authority for the acquisition of these ROW properties. City staff will update the City Council on these ROW purchases. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman Webb had no report at this time. Vice Mayor Johnson had no report at this time. Councilwoman McKenzie had no report at this time. Councilman Estes had no report at this time. Councilman Cassada had no report at this time. Councilman May had no report at this time. Councilman Hughes had no report at this time. Mayor Brooks stated the Council has discussed giving city employees an additional day during the Christmas holiday on Tuesday, December 26. Councilman May moved to give city employees an additional holiday on Tuesday, December 26. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. p. 426 REGULAR SESSION NOVEMBER 27, 2023 PAGE -426- MINUTE BOOK 31 NEW BUSINESS AND ORDINANCES Councilman May moved to appoint Councilman Estes, as Council Representative to the Land Bank Authority. Councilman Cassada stated he would like to add Councilman Webb to the motion as the second Council Representative. The motion was seconded by Vice Mayor Johnson; and upon roll, unanimously passed. Councilman Estes asked for further clarification on the Land Bank Authority beginning the ROW acquisition for projects and if it needed action from the Council today. Mr. Fivas stated no, Dustin Tommey will be working on this project, and he would work with the Land Bank Authority to acquire designated projects from the Council to acquire ROW. They are working on specific projects approved by the Council and to begin negotiations for purchase options. The memo approved on the consent agenda outlined the projects. Councilman Estes asked if a motion should be added to give city staff authorization to transfer funds to the Land Bank Authority for ROW acquisitions for projects approved by Council. Mr. Fivas stated at the next Council meeting, we will probably work with Shawn McKay and bring back the initial seed monies for each project. Councilman Estes asked for that to be on the December 11 agenda. ANNOUNCEMENTS Mayor Brooks announced the following: The next City Council meeting will be held on Monday, December 11, 2023, which will begin at 12 noon for a Council Strategic Meeting. The Holiday Schedule, City offices will be closed as follows: • Friday, December 22, Monday, December 25 and Tuesday, December 26 for the Christmas Holiday. • The December 25 Council meeting will be cancelled. • Friday, December 29 and Monday, January 1, 2024 for the New Year’s Holiday. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:21 p.m. _________________________________ _________________________________ Mayor City Clerk