Cleveland City Council

p. 1 REGULAR SESSION SEPTEMBER 9, 2024 3:00 P.M. MINUTE BOOK 32 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, SEPTEMBER 9, 2024 AT 3:00 P.M. AT THE MUSEUM CENTER AT 5IVE POINTS. Present and presiding was Mayor Kevin Brooks. Also present were Councilmen Bill Estes, David May, Duane Goff, Ken Webb, Dan Moore, and Councilwoman Marsha McKenzie. Councilman Tom Cassada was absent from the meeting. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Beverley Lindsey, Assistant to the City Manager; Police Chief Mark Gibson; Fire Chief Chris Bates; Kris Miller, IT Director; Sue Zius, Administrative Coordinator; Seth Sumner, Transportation Planner; Tommy Myers, Public Works Director; Robert Varnell, Planning and Community Development Director; Cathy Andrews, CDBG Coordinator; Hal Taylor with Cleveland City Schools; Sharon Marr with Mainstreet; Doug Berry with the Chamber of Commerce; Zach Brooks with the Office of Senator Bill Hagerty; Tim Siniard with the Cleveland Daily Banner; Gideon Ratcliff with Mix104.1; Lawrence Cotton; Jeremiah Millian; Skip White; Andy Brown; Ross Tarver; Cody Keck; Janie Moore; Leslie Keck; Scott Anderson; Jennifer Anderson; Amanda Moore; Joe Waddell; Jeff Elliott; Amy Ensley; Tim Henderson; Sharon McAmis; Mika Vaughan; Martha Ledford; Richard and Renee Calfee; Linda May; David and Lori May; Lavoy Jones; Sam McAmis; Cooper Hill; Tery Buckner; Ashlan Morelock; Tim Rader; Reed Bullins; Tom and Sandra Rowland; Chuck Atchley; Melissa Malone; Buffy Merchant; Rozalin Fuller; Andrew Dinsmore; Tammy Bentley; Candace Goff; Meg Campbell; Bill Campbell; Tim Shaw; Diane Webb; Doyle Goff; Terri Goff; Darlia Clark; Chris and Hillary Barnes; Liam Hank; LaRonda Cochran; Steve Hixson; Carey Robertson; Kristen Grisham; William Jones II; David Goodwill; Jerry Hoffer; Cameron Fisher; Senator Adam Lowe; Clay Sneed; Chandler Burke; Lucy Rymer; Dustin Tommey; Warbrit Lowery; Paul and Katherine Harvey; Derrick Kinsey; Diana Jackson; Dewayne Moree; Darlia Clark; Andrea Dinsmore; Brenda Jones; Kay Putnell; Evalyn Lowe and Charles Crumley. Following the Pledge of Allegiance to the American Flag, prayer by Councilman Ken Webb, the following business was then entered into: PRESENTATION OF CERTIFICATES OF ELECTION & ADMINISTRATION OF OATHS OF OFFICE Mayor Brooks stated the Honorable Judge Michael Sharp, Circuit Court Judge of Bradley County will administer the oath of office to each Council member. As each member prepares to take their oath Travis Henry from the Bradley County Election Commission will present their Certificates of Election. Travis Henry with the Bradley County Election Commission then presented Councilman David May with his Certificate of Election. Judge Sharp then administrated the Oath of Office to District 4 Councilman David May. Travis Henry with the Bradley County Election Commission then presented Councilman Duane Goff with his Certificate of Election. Judge Sharp then administrated the Oath of Office to District 5 Councilman Duane Goff. Travis Henry with the Bradley County Election Commission then presented At-Large Councilman Dan Moore with his Certificate of Election. Judge Sharp then administrated the Oath of Office to At-Large Councilman Dan Moore. p. 2 REGULAR SESSION SEPTEMBER 9, 2024 PAGE -2- MINUTE BOOK 32 WAIVE READING OF MINUTES Councilman Webb 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 26, 2024 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. CONSENT AGENDA Councilman May moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Estes and upon roll call, unanimously passed 6-0. a. Reappointment of Municipal Judge – Richard Banks b. Resolution 2024-102 – Authorizing the Mayor to sign a license agreement with TDOT concerning the installation and maintenance of landscaping along State Route 60 (Keith Street to Spring Creek). RESOLUTION 2024-102 WHEREAS, the City has received the attached renewal license agreement from the Tennessee Department of Transportation (hereafter “TDOT”) for the projects described below; and Description of Project: State Project Number: 6069-2208-04 & 06069-3288-54 Federal Project No. STP=60(19) Renewal License Agreement for the installation and maintenance of Landscaping along State Route 60 in Bradley County, Tennessee WHEREAS, the City Council desires to enter into the attached license agreement with TDOT and to further authorize the Mayor to execute the attached agreement on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached license agreement with TDOT for the projects described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 9th day of September 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk c. Resolution 2024-103 – Authorizing the submission of the Public Entity Partners Property Conservation Grant. RESOLUTION 2024-103 Authorizing the City of Cleveland to participate in the Public Entity Partners “Property Conservation” Matching Grant Program WHEREAS, the citizens of the City of Cleveland have entrusted this administration with the care and custody of city-owned property; and WHEREAS, all efforts have been made to protect city-owned property from various perils that may arise for the City of Cleveland, and p. 3 REGULAR SESSION SEPTEMBER 9, 2024 PAGE -3- MINUTE BOOK 32 WHEREAS, Public Entity Partners seek to encourage members with property coverage to develop and implement a property conservation program by offering the Property Conservation Matching Grant Program; and WHEREAS, the City of Cleveland desires to participate in this important program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE THAT: The City of Cleveland is hereby authorized to submit an application for the Property Conservation Matching Grant Program through the Loss Control Department of Public Entity Partners. The City agrees that if the award is obtained, a matching sum for any moneys for this grant will be provided and gives authorization to make purchases for cameras for Johnson Park and Taylor Springs Park as designated in the approved grant application. Adopted this 9th day of September, 2024 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Resolution 2024-104 – Authorizing the Mayor to sign a utility easement encroachment agreement with Palmetto Cleveland-Callen Lane LLC. RESOLUTION 2024-104 WHEREAS, Leconte Cleveland LLC (hereafter “LeConte) is the current owner of a parcel of land located within the City of Cleveland which is generally identified as Tax Map 034I-F- 009.00 and is further described as Lot 1 of the Graystan Square plat recorded on March 6, 2019 in Plat Book 33 Page 148 in the Register of Deeds office of Bradley County, Tennessee; and WHEREAS, Palmetto Cleveland-Callen Lane LLC (hereafter “Palmetto”) intends to purchase this parcel of land from LeConte; and WHEREAS, the parcel is subject to drainage and utility easements as shown on the plat recorded on March 6, 2019, in Plat Book 33 Page 148; and WHEREAS, the parcel is also subject to a permanent waterline easement in favor of the Cleveland Utilities Authority, which easement was recorded on June 23, 2021, in Book 2808, Page 635 in the Register of Deeds office of Bradley County, Tennessee; and WHEREAS, Palmetto, as the proposed purchaser of the parcel from Leconte, has been in discussions with both the City of Cleveland and the Cleveland Utilities Authority about their intended development of the parcel once they purchase the same from LeConte, and its need for an easement encroachment agreement from the City of Cleveland and the Cleveland Utilities Authority in order to be able to build their proposed building and development on the parcel; and WHEREAS, the City’s engineering and development staff and planning staff have reviewed the proposed encroachments, and the proposed encroachment agreement prepared by Palmetto, and have approved of the same; and WHEREAS, engineering staff at the Cleveland Utilities Authority have also reviewed the proposed encroachments and the proposed encroachment agreement prepared by Palmetto and have approved of the same with the understanding and agreement by Palmetto that once they have purchased the parcel from Leconte that Palmetto will then execute a utility relocation p. 4 REGULAR SESSION SEPTEMBER 9, 2024 PAGE -4- MINUTE BOOK 32 agreement with the Cleveland Utilities Authority to relocate approximately 45 feet of water line that is in conflict with the proposed construction activities of Palmetto; and WHEREAS, subject to Palmetto’s purchase of the parcel from LeConte and Palmetto’s agreement to enter into the utility relocation agreement with the Cleveland Utilities Authority to relocate the water line once it purchases the parcel, the City Council desires to approve of the easement encroachment agreement proposed by Palmetto and to authorize the Mayor to execute the same on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the proposed easement encroachment agreement with Palmetto Cleveland-Callen Lane LLC, provided that Palmetto Cleveland-Callen Lane LLC agrees to enter into the utility relocation agreement with the Cleveland Utilities Authority once Palmetto purchases the parcel from LeConte, and the City Council further authorizes the Mayor to execute the easement encroachment agreement with Palmetto Cleveland-Callen Lane LLC on behalf of the City of Cleveland. This 9th day of September 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk e. Final Passage - Zoning Ordinance 2024-44 – heretofore passed on first reading August 26, 2024 and found in Minute Book 31, Page 868; Concerning a request by Don Jacobsen for consideration of an ordinance to zone about .18 acres, more or less, of property located at 150 Lowery Street from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group F Parcel 003.00 (Planning Commission: Approved 8-0; 1 absent). g. Final Passage - Zoning Ordinance 2024-45 - heretofore passed on first reading August 26, 2024 and found in Minute Book 31, Page 869; Concerning a request by Don Jacobsen for consideration of an ordinance to zone about .86 acres, more or less, of property located at Lowery Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group H Parcel 017.00 (Planning Commission: Approved 8-0; 1 absent). h. Final Passage - Zoning Ordinance 2024-46 - heretofore passed on first reading August 26, 2024 and found in Minute Book 31, Page 877; Concerning a request by Joseph Parker for consideration of an ordinance to zone about .77 acres, more or less, for property located at 3210 Tonia Drive from R-1 unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 056F Group A Parcel 003.00 (Planning Commission: Approved 8-0; 1 absent). i. Final Passage - Zoning Ordinance 2024-47 - heretofore passed on first reading August 26, 2024 and found in Minute Book 31, Page 887; Concerning a request by FB&J Enterprises for consideration of an ordinance to zone about 35 acres, more or less, for property located at Freewill Road from FAR unincorporated county to PUD54 Zoning District and includes Tax Map 041 Parcel 047.01 and 047.02 (Planning Commission: Approved 6-0; 1 absent, 2 recused). j. Final Passage - Zoning Ordinance 2024-48 - heretofore passed on first reading August 26, 2024 and found in Minute Book 31, Page 899; Concerning a request by CT Properties for consideration of an ordinance to zone about 1.39 acres, more or less, for property located at New Murraytown Road from FAR unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 040 Parcel 024.08 (Planning Commission: Approved 8-0; 1 absent). p. 5 REGULAR SESSION SEPTEMBER 9, 2024 PAGE -5- MINUTE BOOK 32 k. Final Passage - Zoning Ordinance 2024-49 - heretofore passed on first reading August 26, 2024 and found in Minute Book 31, Page 908; Concerning a request by Eldredge’s and O’Neal’s for consideration of an ordinance to zone about 22 acres, more or less, for property located at North Lee Highway from FAR unincorporated county/RA Residential Agricultural to PUD55 Zoning District and includes Tax Map 034 Parcel 025.02 (Planning Commission: Approved 7-0; 1 absent, 1 recused). l. Final Passage - Ordinance 2024-50 – heretofore passed on first reading August 26, 2024 and found in Minute Book 31, Page 913; Amending the Cleveland Municipal Code Title 14, Chapter 2, Section 2.12.2 Conditional Uses, to remove automobile sales as a conditional use in the Central Business District (Planning Commission: Approved 8-0; 1 absent). m. Final Passage - Zoning Ordinance 2024-51 - heretofore passed on first reading August 26, 2024 and found in Minute Book 31, Page 913; Concerning a request by Jones Properties for consideration of an ordinance to zone about 1.48 acres, more or less, of property located 500 Stuart Road from CH Highway Commercial to R-3 High Density Single and Multi-Family Zoning District and includes Tax Map 042G Group J Parcel 003.01 (Planning Commission: Approved 8-0; 1 absent). NEW BUSINESS AND ORDINANCES There was no new business. Mayor Brooks stated Municipal Judge Richard Banks was unable to attend today and the Oath of Office will be administered at a later date. Also, Councilman Tom Cassada was unable to attend today’s meeting, but the Oath of Office was already administered by Judge Sharp on August 27 at the Bradley County Courthouse. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, September 23, 2024. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:19 p.m. _________________________________ _________________________________ Mayor City Clerk