City Council - Cleveland, TN

City Council 190 Church St., NE Cleveland, TN 37312

Work Session www.clevelandtn.gov

Agenda Monday, January 28, 2019 1:00 PM Municipal Building

1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS

a. Mark Lay – FY2018 Audit Presentation b. Davenport Presentation

2. UPDATES FROM THE CITY MANAGER

a. Update on Budget and Strategic Planning Timelines b. Update on 17th/20th Street Sidewalk Project c. Update of traffic signal at 20th Street and Michigan Avenue d. Update and Discussion of Liquor Store Ordinance Implementation Process e. Discussion of Transportation/Infrastructure Projects FY19 & FY20 f. Discussion of Downtown Projects – Including Build Grant g. Discussion of Park Projects and Programming h. Discussion of City Branding Process i. Discussion of changes to Debt Management Policy

3. REVIEW OF 3:00 AGENDA – CITY MANAGER

4. REPORTS OF COUNCIL MEMBERS

a. Councilman McKenzie b. Councilman Estes c. Councilman Cassada d. Councilman May e. Councilman Hughes f. Councilman Webb g. Vice Mayor Johnson

5. ANNOUNCEMENTS

6. ADJOURNMENT

http://www.clevelandtn.gov/

City Council 190 Church St., NE Cleveland, TN 37312

Regular Session www.clevelandtn.gov

Agenda Monday, January 28, 2019 3:00 PM Municipal Building

ORDER OF BUSINESS

1. CALL TO ORDER 2. ROLL CALL

3. PLEDGE OF ALLEGIANCE AND INVOCATION

4. WAIVE READING OF MINUTES

a. Regular Session – January 14, 2019 (p. 1)

5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS

6. HEARING PETITIONS AND COMMUNICATIONS

7. CONSENT AGENDA a. Final Passage - Zoning Ordinance No: 2019-01 – Rezoning 8.66 acres located on

Johnson Boulevard from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent) (p. 2-5).

b. Final Passage - Ordinance No: 2019-03 – Rezoning 3.98 acres located on Huff Ave

SW, Phillips St SW and Parker Ave SW from R2 Low Density Single and Multi-Family Residential Zoning District and CH Commercial Highway Zoning District to PUD20 Zoning District (Planning Commission: Approved 8-0; 1 member absent) (p. 6-14).

c. Final Passage - Zoning Ordinance 2019-04 - Zoning of about 81.74 acres located

on Urbane Road NE from the unincorporated county to MU Mixed Use Zoning District (Planning Commission: Approved 8-0; 1 member absent) (p. 15-18).

d. Final Passage - Ordinance No: 2019-06 – Amending the FY2019 Budget (p. 19-28).

e. Resolution No: 2019-09 - Authorizing the Mayor to sign an agreement with Terra

Running Company for the 2019 Cleveland Recycles 5K (p. 29-34).

f. Resolution No: 2019-10 - Accepting Commons Lane located in The Commons at the Grove Subdivision as a city street (p. 35-37).

http://www.clevelandtn.gov/

g. Resolution No: 2019-11 - Authorizing the Mayor to sign amendment #2 with TDOT for improvements to 20th Street from Harle Avenue to Neely Circle (p. 38-43).

h. Resolution No: 2019-12 – Authorizing the Mayor to sign a contract with Farmer

Morgan for the preparation and development of the 5-year Consolidated Plan, One-Year Action Plan and Analysis of Impediments to Fair Housing Choice (ESG Funds - $24,000) (p. 44-65).

i. Motion – Adopting the Board and Committee Policy (p. 66-73).

j. Resolution No: 2019 – Resolution to adopt proposed plan of refunding of

outstanding debt (p. 74).

8. UNFINISHED BUSINESS a. Final Passage - Zoning Ordinance No: 2019-02 – Rezoning 3.61 acres located at

640 West Inman Street from PUD18 Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 7-0; 1 member recused himself; 1 member absent) (p. 75-84).

b. Final Passage - Ordinance No: 2019-05 – Amending Title 8, Chapter 2 to add a

new section concerning Movie Theatres (p. 85-88).

9. REPORTS OF COUNCIL MEMBERS a. Councilman McKenzie b. Councilman Estes c. Councilman Cassada d. Councilman May e. Councilman Hughes f. Councilman Webb g. Vice Mayor Johnson

10. NEW BUSINESS AND ORDINANCES

11. ANNOUNCEMENTS

12. ADJOURNMENT

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I MOVE THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND WANE

THE READING OF THE MINUTES OF THE REGULAR SESSION OF THE CITY

COUNCIL HELD ON JANUARY 14, 2019 AND APPROVE THEM AS WRITTEN.

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TO:

FROM:

DATE:

City Council

AGENDA ITEM MEMORANDUM

Mayor and City Council

Jonathan Jobe, DES Director

January 28, 2019

190 Church st.. NE Cleveland, TN 37312

www.clevelandtn.gov

RE: Zoning Ordinance 2019-01 - Rezoning of 8.66 acres on Johnson Blvd.

SUMMARY:

Consideration of a rezoning request by Jonathan Dip for approximately 8.66 acres of property (described as Tax Map 58H Group J Parcel 1.00, 2.00 & 3.00) located on Johnson Boulevard from IL Light Industrial Zoning District to R2 Low Density Zoning District and Multi-Family Residential Zoning District.

COMMITTEE FINDINGS:

Clark Taylor made a motion to approve and Walt Vineyard seconded the motion.

FISCAL ANALYSIS:

No fiscal impact to the City.

RECOMMENDATION:

A vote of 8-0 passed the motion. (Planning Commission Called Meeting 12-18-2018).

I MOVE IBAT ZONING ORDINANCE NO: 2019-01 - REZONING 8.66 ACRES LOCATED ON JOHNSON BOULEVARD FROM IL LIGHT INDUSTRIAL ZONING DISTRICT TO R2 LOW DENSITY SINGLE AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICT: HERETOFORE APPROVED ON FIRST READING JANUARY 14, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 308 BE VOTED FOR PASSAGE ON FINAL READING.

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ZONING ORDINANCE NO: 2019-01

BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, rezoned from IL Light Industrial Zoning District to R2 Low Density Single and MultiFamily Residential Zoning District.

Approximately 8.66 acres, more or less, located at Johnson Boulevard SE as shown on the attached map.

For reference, see Book 2038 Page 791, Book 182 Page 437 and Book 1052 Page 723 in the Register's Office of Bradley County, Tennessee, and being shown on Tax Map 58H Group J Parcels 1.00, 2.00 & 3.00, 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:

Kevin Brooks, Mayor

Shawn McKay, City Clerk

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Exhibit

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TO:

FROM:

DATE:

City Council




January 28, 2019

190 Church St., NE Cleveland, TN 37312

www.clevelandtn.gov

RE: Zoning Ordinance 2019-03- Rezoning of 8.66 acres on Huff Ave SW, Phillips St SW and Parker Ave SW.

SUMMARY:

Consideration of a rezoning request by Pensco Trust Company for approximately 3.98 acres of property (described as lot 2 of Revised A.L. Crane Addition in plat book 34 page 150 of the Bradley County Register of Deeds Office) located on Huff Ave SW, Phillips St SW and Parker Ave SW from R2 Low Density Single and Multi-family Residential Zoning District and CH Commercial Highway Zoning District to PUD20 Planned Unit Development Zoning District

COMMITTEE FINDINGS:

David May, Jr. made a motion to approve and Tricia Pennington seconded the motion.

FISCAL ANALYSIS:


RECOMMENDATION:


I MOVE THAT ZONING ORDINANCE NO: 2019-03 - REZONING 3.98 ACRES LOCATED ON HUFF AVE SW, PHILLIPS ST SW AND PARKER AVE SW FROM R2 LOW DENSITY SINGLE AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICT AND CH COMMERCIAL HIGHWAY ZONING DISTRICT TO PUD20 ZONING DISTRICT: HERETOFORE APPROVED ON FIRST READING JANUARY 14, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 310 BE VOTED FOR PASSAGE ON FINAL READING.

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ORDINANCE NO: 2019-03

AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO ESTABLISH A PLANNED UNIT DEVELOPMENT (PUD) TO BE KNOWN AS SUNSET DRIVE PROPERTY "PUD 20" ON PROPERTY DESCRIBED AS TAX MAP 57G GROUP K PARCELS 4.00 THROUGH 9.00, 13.00 THROUGH 19.00 AND A PORTION OF PARCELS DESCRIBED AS TAX MAP 57 G GROUP K PARCELS 2.00, 3.00 AND 20.00 THROUGH 22.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 20; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING LISTS OF PERMl'ITED USES AND PROHIBITED USES; ESTABLISHING DEVELOPMENT STANDARDS AND PROCESSES AND RELATED REQUIREMENTS; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; PROVIDING FOR ERRORS AND OMISSIONS AND POSSIBLE FUTURE REVISIONS TO THE PUD; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE

WHEREAS the City of Cleveland, Tennessee, hereinafter "City", desires orderly land development in furtherance of the public welfare and bas adopted the Planned Unit Development, hereinafter "PUD", process as an alternative development standard whereby to accomplish such development; and whereas it is intended that the developers of the property or any subsequent owners, shall hereinafter be referred to as "Developers" and; and whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED:

Section 1. ZONING PLAN AND MAP AMENDMENT.

The zoning plan and map are hereby amended so as to zone the property described in Section 3 herein as "PUD 20" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 20 zoning district are those uses outlined in Section S of this ordinance. The development standards for the PUD 20 district are those outlined in this ordinance, including requirements for plan approval, and compliance with applicable permitting requirements.

Section 2. VIOLATIONS UNLAWFUL AND SUBJECT TO PENALTIES.

Any development or use of the property described herein in manner contrary to the terms of this ordinance is a zoning violation and is unlawful, subject to the penalties prescribed by the Cleveland Municipal Code and the laws of Tennessee.

Section 3. PROPERTY DESCRIPTION.

PUD 20, Huff Avenue Townhomes (name may be revised during the platting process with approval of the Cleveland Municipal Planning, includes property generally identified as TAX MAP 57G GROUP K PARCELS 4.00 through 9.00, 13.00 through 19.00 and a portion of parcels described as Tax Map 57 G Group K Parcels 2.00, 3.00 and 20.00 through 22.00. More specifically, the property is defined as lot 2 of Revised lots I and 2 of A.L. Crane Addition as shown in plat book 34 page 150 in the Bradley County Registers Office and attached below.

Section 4. GENERAL PROJECT DESCRIPTION AND DEVELOPMENT DENSITY.

This section is intended to provide a general description of the Huff Avenue Townhomes. It is proposed that the property be developed with uses consistent with the existing R2 uses as described in Section 5 of this ordinance. The general development shall be consistent with the conceptual plan in Exhibit B in terms of layout but the exact location and number of units may be adjusted through the site review or platting process as prescribed in Section 6 herein.

Section S. PERMITTED USES AND PROHIBITED USES.

S.A. PERMITTED USES

A. Uses permitted within the R2 Low Density Single and Multi-family Residential Zone.

S.B. CONDmONAL USES

There are no conditional uses within PUD 20.

S.C. PROHIBITED USES

Any use not expressly permitted within this ordinance is not permitted to operate within the boundaries of the PUD 20 Ordinance.

Section 6. DEVELOPMENT PLANS AND RELATED REQUIREMENTS.

6.A. DEVELOPMENT PLANS.

Exhibit B illustrates the conceptual plan for PUD 20 Huff Avenue Townhomes, which was reviewed by the Cleveland Municipal Planning Commission for consideration at their meeting on December 18, 2018, and which provides for general design and development layout. Additional plans, plats, and other development-related documents and permits will be necessary to carry out the construction of this project.

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6.B.PLATS.

One or more plats may need to be prepared for the PUD20 property by the Developer for approval of the Cleveland Municipal Planning Commission in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will describe and dedicate public streets or any other public properties; identify lots; and identify easements that are necessary for various purposes within the development such as utilities, access, maintenance, and conservation, etc.

6.C. DETAILED SITE PLANS.

The Developer shall prepare and submit to the City of Cleveland, TN for approval by the Cleveland Development and Engineering Staff a site plan for phase all future phases of development. These site plans shall indicate lot configurations, setbacks, structure types, streets, lanes, sidewalks, common areas, utility locations, etc. The information in the site plan will be congruous with the plat developed for the lots and adjacent public street infrastructure and with the conceptual layout shown in Exhibit B. The content and level of detail of the site plan will be sufficient for City staff to determine compliance of the proposed development with this ordinance and any other applicable City ordinances.

6.D. PRIVATE DEVELOPMENT DOCUMENTS.

The Developer shall prepare and implement such master covenants, restrictions, condominium association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 20 as permitted herein. It is a requirement of this ordinance that such documents are in place and enforced by the Developer (or Developer's heirs, successors, or assigns) to the extent necessary for PUD 20 to function as described herein. The City of Cleveland assumes no responsibility to review these documents, or to determine their adequacy to these purposes, or to enforce any of their provisions, or to otherwise be a party to them.

Section 7. DEVELOPMENT STANDARDS

The development standards for PUD 20 shall be those established in this ordinance or incorporated herein. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R2 Low Density Single and Multi-family Residential Zoning District for residential areas as described in the City of Cleveland's zoning regulations.

Requirements of the City's adopted building codes, fire codes, stormwater regulations and other ordinances affecting the development, use, and maintenance of property shall apply.

7.A. BUILDING SETBACKS

Unless alternate setbacks are expressly approved by the Planning Commission no residential structure shall be located less than 15' from any property line adjoining Huff Avenue SW, Phillips Street SW or Parker St SW. Minimum setbacks from any new public right-of-way shall also be 15' from the front property line, however a side street setback may be as close as 12' when there is no parking or front door adjoining that property line. Maximum setbacks from all property lines adjoining a public right-of-way

shall be 30 feet from the property line or edge of pavement whichever is greater. Townhome style units are permitted with a zero-foot setback between units, however end units shall maintain a 7 foot side separation between buildings within the PUD boundary. All other setbacks shall be a minimum of 10 feet.

Accessory structures may be within 5 feet from the side or rear setbacks but in no case shall they be any closer to the front setback than the front of any building.

7.B. STORMW ATER REQUIREMENTS.

All improvements must comply with any applicable state or federal law or regulation concerning stormwater or floodplain requirements.

7C.SIGNAGE

No part of any sign shall be within S'ofany right-of-way. No more than one (I) ground sign may be permitted and it shall be limited to monument style signage with no LED messaging permitted and is limited to 21 square feet of sign face. No sign shall be located in such a way as to obstruct the view of traffic or create any safety hazard and is subject to approval of the City's Transportation Engineer. All other standards within the City's sign ordinance shall apply unless in direct conflict with this ordinance in which case this ordinance shall prevail.

7.D.ACCESS

In no circumstance shall any driveways be constructed to provide access directly from Huff Avenue SW, Phillips St W or Parker St SW. A new roadway with a 35' right-of-way shall provide access to parking areas for all units in the residential area. All building fronts shall be facing the public right-of-ways and rear loading parking for all existing roads. A two-foot grass strip shall be provided between the parking areas of each unit as shown in Exhibit B.

7.E BUFFERING AND OPEN SPACE

A buffering area shall be provided for areas adjoining single family residential and provided at a minimum to the standards described within section 3.3 of the Cleveland Zoning Ordinance. In addition to any necessary detention areas, a minimum of 2 community lots shall be provided for to afford recreational opportunities to the residents of the development.

7.F. MISCELLANEOUS STANDARDS

Impervious areas shall comprise no more than 75% of the total site, regardless of any division of land, within the boundaries of PUD 20 and a minimum of 25% of greenspace shall be provided.

Parking for any residential development shall be provided on each individual lot at a rate not less than 2.3 parking space per residential unit.

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Densify standards shall be calculated using the size of the entire property and permitted at a rate as allowed within the R3 Multi-family Residential Zone.

All residential structures shall have a minimum of 25% brick or stone on the front fayade facing any public right-of-way.

Section 8. COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITI'ING REQUIREMENTS.

The Developer, and its assigns or successors in title, is responsible for obtaining all federal, state, and local permits required for the construction of the proposed PUD 20 The Developer and its assigns or successors in title shall cany out the construction on the project site in compliance with all applicable ordinances of the Cicy of Cleveland, Tennessee, and also in compliance with applicable federal and state laws. Buildings shall be designed and constructed in accordance with adopted building codes and shall not be occupied until final inspections are complete and certificates of occupancy have been issued (permission for limited use of building after substantial completion by the City's Building Official). Failure to develop, use, or maintain the subject property other than in conformify with all of the requirements of this ordinance is unlawful and shall be deemed a violation of the Cicy's zoning ordinance and a nuisance subject to the penalties described in the zoning ordinance and any increased fine as may be allowed by state law.

Section 9. ERRORS, OMISSIONS, AND POSSIBLE FUTURE REVISIONS TO THE PUD.

This ordinance may be amended from time to time as necessary after review by the Planning Commission and approval by the City Council subsequent to a public hearing. Where this ordinance contemplates the future approval of a detailed site plan, or the future approval of a plat by the Cleveland Municipal Planning Commission, and where this ordinance contemplates the future refinement of plans to conform with permitting requirements or conditions of approval necessitated by staff review, and where the Developer and the City of Cleveland may enter into future agreements regarding possible public facilities, infrastructure, and/or services within PUD 20, an amendment to this ordinance is not required to implement such site plan, plat, or refinement to plans necessitated by permitting or review requirements, or agreement pertaining to public facilities, infrastructure, or services.

Section 10. BINDING UPON OTHERS.

This ordinance is a law and not a contract, and as such it is generally binding upon all development and use of property in the PUD20 zoning district and is binding upon Cicy's regulation of these activities in this location. Moreover, it shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term "Developer" is intended to encompass the current owner of record, any heirs, assigns, or successors in title, or any owners of record of the subject property as of the effective date of this ordinance and their heirs, assigns, or successors in title. The term "Developer'' is also intended to include any holding company or other entify established for the ongoing operation and maintenance of the development of the subject property including, but not limited to, common areas, joint use or joint access areas, and undeveloped portions of the property that are intended for development.

Section 11. CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.

Where this ordinance is in conflict with existing ordinances with respect to the development of this property the terms of this ordinance shall prevail unless stated otherwise herein. In the event that any portion of this ordinance is determined to be invalid by any court of competent jurisdiction, the remaining portions of this ordinance shall remain in full force and effect. This ordinance shall take effect upon after passage and upon the execution of the development order as described above, the publ ic convenience and necessity requiring it.


John Kevin Brooks, Mayor


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TO:

FROM:

DATE:

City Council




January 28, 2019


www.clevelandtn.gov

RE: Zoning Ordinance 2019-04- Rezoning of 81.74 Acres, Requested by Bradley County

SUMMARY:

Request by Bradley County, TN for consideration of an ordinance to zone about 81.74 acres, more or less, for property located on Urbane Rd from the unincorporated county to MU Mixed Use Zoning District

COMMITTEE FINDINGS:

David May, Jr. made a motion to approve and Gary Dennis seconded the motion.

FISCAL ANALYSIS:


RECOMMENDATION:


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I MOVE THAT ZONING ORDINANCE NO: 2019-04-ZONING OF ABOUT 81.74 ACRES LOCATED ON URBANE ROAD NE FROM 1HE UNINCORPORATED COUNTY TO MU MIXED USE ZONING DISTRICT: HERETOFORE APPROVED ON FIRST READING JANUARY 14, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 320 BE VOTED FOR PASSAGE ON FINAL READING.


AN ORDINANCE TO ZONE THE "URBANE RD NE BRADLEY COUNTY ANNEXATION AREA" WITHIN THE CORPORA TE BOUNDARIES OF CLEVELAND, TENNESSEE

WHEREAS, a public hearing before this body was held on the 14th day of Janua1y 2019 a notice thereof published in the Cleveland Daily Banner on December 23, 2018 and

WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2019-06; and,

WHEREAS, this property was annexed by Resolution No: 2019-07; and

NOW THEREFORE BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE:

Section I. BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, zoned from FAR Forestry/Agricultura l/Residential within the unincorporated County to MU Mixed Use within the corporate limits of the City of Cleveland.

Section 2. The property shown in Exhibit "A" and shall be zoned in accordance with the legal description described in Exhibit "B", attached hereto and made a part hereof by reference, upon the effective date of this ordinance.

Section 3. Be it further ordained that th is Ordinance shall take effect immediately on final reading the public welfare requiring it.


Kevin Brooks, Mayor

Shawn McKay, C ity Clerk

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Exhibit A

Exhibit B

Legal Description

Beginning at the north west corner of the property of Bradley County Tennessee, as recorded in BCROD

deed book 253 page 226, being the same property herein described; thence north 24 degrees 37

minutes east, 2202.2 feet to a point; thence south 65 degrees 22 minutes east, 2,379.6 feet to a corner;

thence south 65 degrees 22 minutes east, 100.1 feet; thence south 27 degrees 43 minutes west, 1,021.7

feet to a point; thence north 89 degrees 12 minutes west, 39.6 feet to a point; thence with a

northwesterly curve delta=2 degrees 30 minutes tangent= 249.19 feet, 72.5 feet to a point; thence with

a northwesterly curve delta= 2 degrees 30 minutes tangent 249.19 feet, 425.8 feet to a point; thence

north 86 degrees 42 minutes west, 1,481.4 feet to a point; thence north 89 degrees 23 minutes west,

198.8 feet to a point; thence southwesterly with a curve r=756.19 feet, 403.3 feet to a point; thence

southwesterly along a curve r=830.0 feet, 112.9 feet to the point of beginning.

TO:

FROM:

DATE:

RE:

SUMMARY:

City Council



Shawn McKay, Assistant City Manager/CFO

January 10, 2019

FY2019 Budget Amendment


www.clevelandtn.gov

The Municipal Budget Law of 1982 requires that cities adopt and operate under an annual budget ordinance. The FY2019 Budget Amendment provides that all expenditures have been appropriated. In most instances w here departments have

increased expenditw·es, there is a corresponding revenue increase. In the case of capital project funds, increases in expenditures usually occur from prior year

carryovers, where a project was started in a previous year but not completed. Any

use of fund balance has been reconciled to insure that adequate funding is available.

COMMITTEE FINDINGS:

No Committee or Board action

FISCAL ANALYSIS:

Detailed information concerning the financial impact of each fund is attached to the ordinance.

RECOMMENDATION:

City staff recommends passage of the ordinance.

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I MOVE THAT ORDINANCE NO: 2019-06-AMENDING THE FY2019 BUDGET: HERETOFORE APPROVED ON FIRST READING JANUARY 14, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 323 BE VOTED FOR PASSAGE ON FINAL READING.

ORDINANCE NO: 2019-06

AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2017-2018 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE.

BE IT ORDAINED by the City CoW1cil of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2018-2019 be amended according to the attached amendment.

BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of C leveland requiring it.

Kevin Brooks, Mayor


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GENERAL FUND Tax Revenues: Licenses & penntts: Intergovernmental: Charges for services: Fines & forfeits: Interest income: Miscellaneous: Public Enterprise Revenue: Subtotal

Other Funding Sources:

Total revenues

Legls. & Judicial Administration Finance Code Enforcement

lnfonnatlon Technology Development & Enaineerlna Police Fire PW Operations Street Llahting & Sianals Fleet Manaaement Cleveland Regional Jetport Animal Control Safety Program Parks & Recr. Landscaping Coll139e HID Rec Center Cleveland Comm Center nnsley Park P&R-Leases Appropriations Subtotal:

Transfers

Total expenditures

Increase (use) of fund balance

City of Cleveland, Tennessee FY2019 Budget Amendment - January 2019

ORIGINAL January 2019 INCREASE BUDGET Amendment (DECREASE)

40,280,000 40,367,164 87,164 674,100 674,100 0

5,350,900 5,355,700 4,800 1,023,750 1,113,050 89,300

607,600 607,600 0 41,000 102,500 61,500 79,000 147,966 68,966

266,600 266,600 0 48,322,950 48,634,680 311,730

2,665,652 2,678,387 12,735

50,988,602 51,313,067 324,465

602,601 605,952 3,351 1,046,873 1,045,229 (1,644) 1,063,205 1,063,205 0

321,840 321,840 0 837,455 839,099 1,644

1,632,640 1,632,640 0 10,755,997 10,842,896 86,899 10,193,305 10,211,044 17,739 2,472,600 2,489,790 17,190 1,452,100 1,452,100 0

713,300 713,300 0 263,200 263,200 0 589,346 595,245 5,899 169,601 169,601 0

1,137,525 1,148,597 11,072 650,100 664,339 14,239 454,100 454,100 0 428,200 428,200 0 368,600 382,600 14,000

29,724 24,937 (4,787] 1,311,236 1,311,236 0

36,493,548 36,659,150 165,602

14,463,204 14,593,296 130,092

50,956,752 51,252,446 295,694

31,850 60,621 28,771

Page 1 of7

EXPLANATION

In UeuofTax

Police Contraded Svcs

Increase in Interest Income TML Reimb, Greenway, Protective Vest Grant, Civttan

Computer Hardware Desk replacement

Desk replacement

Vehicle Malnt-TML Relmb, Pollce Contacted Svcs .. Grants FY 18 Canvover, PPE Equip, Donations TML Reimb - Hill Street Blda

FY18 Carryover - Donated Spay & Neuter

TML Relmb - Vehicle, Civitan Pavilion FY 18 Carryover, Memorial Tree Donations, Front-end Lac

Property Damage Reimb-TML Front-end Loader

CIP-Addl Costs - ProJeds, Veterans Home

I l\) l\)

I

SPECIAL REVENUE FUNDS: Solld Waste MgmL Fund Revenues Transfers from Other Funds

Total Rev. & Transfers In

Expenditures

Increase (Use) of Fund Balance:

State Street Aid Fund Revenues Transfers from Other Funds


I Exnenditures Transfers Out Total Expenditures & Transfers:


Cleveland Public Library Fund Revenues Transfers from Other Funds


Expenditures


Drug Enforcement Trust Fund Revenues

Expenditures


Cltv of Cleveland, Tennessee FY2019 Budget Amendment - January 2019


2,550,500 2,550,500 0 1,074,100 1,074,100 0

3,624,600 3,624,600 0

3,666,600 3,905,818 239.218

(42,000) (281,218) (239,218)

1,308,000 1,308,000 0 0 0 0

1,308,000 1,308,000 0

742,700 742,700 0 440,618 440,618 0

1,183,318 1,183,318

124,682 124,682 0

788,000 788,000 0 654,000 654,000 0

1,442,000 1,442,000 0

1,442,000 1,442,000 0

0 0 0

10,100 20.100 10,000

18,600 74,610 56,010

(8,500] (54,510) (46,010)

Page 2 of7

EXPLANATION

FY 18 carryover - Knuckleboom, New Contrad rates

FY 18 Carryover, Equipment

I (\.)

w I

Bryne Mem. Justice Asst. Grant Revenues Transfers from Other Funds

Total Rev., Transfers & Other Fin.

Expenditures


THDA Home Grant Revenues Transfers from Other Funds


Expenditures


Community Dev. Block Grant Revenues Transfers from Other Funds


Expenditures


MPOFund Revenues Transfers from Other Funds


Expenditures

Increase of Fund Balance:



0 36,481 36,481 0 0 0

0 36,481 36,481

0 36,481 36,481

0 0 0

0 338,975 338,975 0 0 0

0 338,975 338,975

0 338,975 338,975

0 0 0

350,000 485,100 135,100 20,000 20,000 0

370,000 505,100 135,100

370,303 529,403 159,100

(303} (24,303} (24,000)

200,000 200,000 0 57,000 57,000 0

257,000 257,000 0

257,000 257,000 0

0 0 0

Page 3 of7

EXPLANATION

New Grant

New Grant

THDA-ESG

FY18 Carryover, ESG

I l\J ~ I

Recycling Grant Revenues Transfers from Other Funds


Expenditures


School Food Service Fund Revenues Transfers from Other Funds


Expenditures Transfer to Other Funds

Total Expenditures & Transfers:


School General Fund Revenues Transfers from Other Funds




Increase (use) of Fund Balance:



0 0 0 10,000 10,000 0

10,000 10.000 0

0 15,161 15,161

10,000 (5,161) (15,161)

3,592,902 3,592,902 0 0 0 0

3,592,902 3,592,902 0

3,592,902 3,592,902 0 0 0 0

3,592,902 3,592,902 0

0 0 0

43,924,640 43,924,640 0 5,273,600 5,273,600 0

49,198,240 49,198,240 0

48,642,721 48,642,721 0 555,519 555,519 0

49,198,240 49,198,240 0

0 0 0

Page4 of7

EXPLANATION

FY18 Carryover

I (I,..) u, I

E Ticketing Technology Fund Revenues Transfers from Other Funds


IExnendHures Transfer to Other Funds


Increase (use) of Fund Balance:

City of Cleveland, Tennessee FY2019 Budget Amendment -January 2019


0 12,500 12,500 0 0 0

0 12,500 12,500

0 53,416 53,416 0 0 0

0 53,416 53,416

0 (40,9161 (40,9161

Page 5 of7

EXPLANATION

Revised revenue estimate

FY18 Canvover

I l\J

°' I

CAPITAL Oun.A Y FUNDS: Capital lmprov. Program Fund Revenues Transfeis & Other Fin. Total Rev .• Transfeis & Other Fin.

Expenditures Transfeis to Other Funds Total Expenditures & Other Uses


Sales Tax Capital Profects Fund Revenues Total Rev., Transfers & Other Fin.

Expenditures Total Expenditures & Other Uses


Greenway Fund Revenues Transfeis from Other Funds


Expenditures


Spring Branch Industrial Park Revenues



Total Expenditures & Other Uses

Increase (Usel of Fund Balance:

Citv of Cleveland, Tennessee FY2019 Budget Amendment-January 2019


0 22,542,790 22,542,790 1,135,000 1,265,092 130,092 1,135,000 23,807,882 22,672,882

1,135,000 23,470,364 22,335,364 0 0 0

1,135,000 23,470,364 22,335,364

0 337,518 337,518

3,991,600 3,991,600 0 3,991,600 3,991,600 0

4,052,249 6,154,572 2,102,323 4,052,249 6,154,572 2,102,323

(60,649) (2,162,972) (2,102,323)

0 0 0 0 0 0

0 0 0

0 12,735 12,735

0 (12,735) (12,735)

0 0 0

0 0 0

0 167,075 167,075 180,013 180,013

180,013 347.088 167,075

(180,013 (347,088)1 (167,075)

Page6 of7

EXPLANATION

FY18 Carryover - various prolects FY18 Carryover - various prolects

FY18 Canyover - various projects

FY18 Canyover - various projects

Transfer to General Fund

FY18 Carryover

I N --.J

I

Internal ServiceFunds: Health Insurance Trust Fund Revenues Transfers from Other Funds

Total Rev., Transfers & Other Fin ..

Expenditures


Debt Service Fund: Revenues Transfers from Other Funds


Expenditures


Enterorlse Funds: Stonn Water Management Fund Revenues Transfers from Other Funds


Expenditures


Fiduciary Funds: Meller Estate/Anlmal Shelter Trust Fund Revenues Transfers from Other Funds

Total Rev., Transfers & Other Fin .•

Expenditures


Citv of Cleveland, Tennessee FY2019 Budaet Amendment - Januarv 2019


3,974,364 3,974,364 0 0 0 0

3,974,364 3,974,364 0

3,831,146 3,831,146 0

143,218 143,218 0

887,132 887,132 0 6,690,122 6,690,122 0

7,577,254 7,577,254 0

7,577,254 7,Sn,254 0

0 0 0

1,612,500 1,612,500 0 0 0 0

1,612,500 1,612,500 0

1,930,523 1,826,719 (103,804)

(318,02~) (214,219) 103,804

1,500 1,500 0 0 0 0

1,500 1,500 0

0 0 0

1,500 1,500 0

Page 7 of7

EXPLANATION

FY18 Carryover, Parker Street, Oak Street

I (\J 00 I

TO:

FROM:

DATE:

RE:

SUMMARY:

City Council



Joe Fivas, City Manager

January 23, 2019

Cleveland Recycles SK


www.clevelandtn.gov

The City has received a proposal and agreement from Terra Running Company to provide event management and timing services for the 20 19 Cleveland Recycles 5K, which will be held on June 8, 2019. Approximately 500 people attended last year's event. Terra Running Company has provided these services for the past two years.

COMMITTEE FINDINGS:


FISCAL ANALYSIS:

The cost for this service is approximately $1 ,200. The cost s lightly fluctuates depending on the number or participants. Funding is included in the FY 19 budget.

RECOMMENDATION:

City staff recommends the approval to accept the agreement between Terra

Running Company and the City of Cleveland for event managemen t and timing

services.

-29-

-30-

RESOLUTION NO. 2019-09

WHEREAS, the City has received the attached proposal and agreement from Terra Running Company for event management and timing for the 2019 Cleveland Recycles 5K to be held on June 8,2019;and

WHEREAS, the City Council has reviewed the proposal and agreement and now desires to accept the proposal and to enter into the attached agreement with Terra Running Company, 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 accept the proposal and approve of the attached agreement with Terra Running Company, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland.

This 28th day of January, 2019.


Kevin Brooks, Mayor


2019 Proposal for Cleveland Recycles Sk to be held in Cleveland, TN on June 8, 2018

Terra Running Company is a locally owned and operated running store and event management company that offers our clients a variety of event management and timing services. From road to cross-country races, cycling and mountain biking, to multi-sport events and more, Terra Running Company can help manage and time your event! At Terra Running Company, it Is our goal to provide our clients with the necessary tools and resources to help their events compete in a race landscape that has many races for participants to choose. We greatly appreciate your time in meeting with us to review our event services, and hope to have the opportunity to earn your business.

TIMING AND RACE MANAGEMENT SERVICES:

Terra Running Company is proud to offer our clients ChronoTrack RFID timing technology. ChronoTrack has established itself as the gold standard in chip timing In the event timing industry. A testament to this Is that ChronoTrack currently is utilized by the largest road races in the United States including the New York Marathon and the Peachtree Road Race 10k. ChronoTrack offers its clients three unique types of chips: B-Tag, D-Tag, and Multi-Sport. For most clients we recommend the ChronoTrack B-Tag System which is an all-weather disposal RFID tag that adheres directly to the back side of the racer's bib to track and record participant's time. This disposal system eliminates the extensive drains on labor to assign and collect chips. Additionally, it saves on the cost of fees associated with uncollected chips. Most importantly, it provides more accurate results because it is impossible to get multiple chip files.

Chip Timing and Results Processing Fees - $1,000.00 (up to 200 registrants) This fee includes all of the following services:

► Race bibs with Terra Running Company logo at no additional charge. Or provide your own. ► Additional bibs for untimed participants (i.e. for a 1-mlle walk) are available for $.30 each

Extra Bibs for Untlmed Events: ___ _ ► ChronoTrack computerized chip timing system with a fully redundant finish line (2

independent timing systems at the finish line). ► Finish line equipment including LED Race Clock with 6" high visibility digits, 30 cones, and

optional inflatable Terra Running Company arch at start or finish. ► Terra Running Company will compile all results necessary for the awards ceremony

immediately following the race and stay present until the conclusion of the awards ceremony to ensure accurate and satisfactory results to your award recipients.

► Terra Running Company will post your results to the Internet on the day of your event to www.TerraRunnlng.com at no charge. Additional .html files can be emailed as requested.

• $2.75 per athlete above 200 registered participants. Initial if accepted: ___ _

Travel and Mileage There will be a charge of $0.99 per mile traveled to and from the event.

► This distance will be calculated from 2548 Georgetown Rd. Cleveland, TN 37311 and measured to and from the start/finish of the event.

• A charge of $300 (if applicable) will be applied to any race/event requiring overnight accommodations.

Terra Running Company 2548 Georgetown Rd. Cleveland, Tennessee 37311 423-790-7901 TerraRunnlng.com

Initial if accepted: _n..._/=a __ _

-31-

-32-

RACE PROMOTION SERVICES

The following promotion services are included.

• Your event will be listed on Terra Running Company's calendar at TerraRunning.com • Your event will be listed as a Facebook event on the Terra Running Company page.

► This ad has an estimated value of $75. • Your event flyers and registration forms can be posted in Terra Running Company's retail location.

ONLINE REGISTRATION SERVICES

• Online registration services are available at no-cost to your event • Terra Running Company strongly recommends that all our clients who contract our timing services

utlllze the CT Live registration platform • All transactions have a credit card processing fee except those at packet pickups when cash/check

Is utilized. This fee is passed on to the consumer. 99.9% of our clients pass the fee on.

PLEASE NOTE: Race directors who do not utilize online registration must provide an Excel formatted spreadsheet with all necessary participant data 48 HOURS before race numbers are to be picked up/delivered. File must include First Name, Last Name, Age (age you wish to use for scoring), and gender. If award categories or divisions other than gender and age group will be scored, these designations must also be included in the registration file.

RACE DAY REGISTRATION

• Race day registration is available but must be closed at least 10 minutes before the scheduled race start to allow for data processing and setup. It is highly recommended that race day registrations use the CT live platform to eliminate the need for paper registrations on race day.

• If race day registration is allowed, race must provide 2 volunteers for registration purposes to ensure adequate processing of runner inquiries and registration.

PACKET PICKUP AT TERRA RUNNING COMPANY • This allows for your participants to pick-up their race packets the day before the race at a

convenient and accessible location. • Packet pick-up at Terra Running Company has provided event directors with as much as a 75%

alleviation of race day packet pick-ups. This invariably saves great time and stress come the day of the event.

• Client needs to provide volunteers at the store during all hours of packet pick-up. Please specify the date and time of your requested packet pick-up (usually most successful the Friday before a Saturday race from 4-6pm)

Date: Friday, June 7, 2019 Time: 4-6pm

Terra Running Company 2548 Georgetown Rd. Cleveland, Tennessee 37311 423-790-7901 TerraRunnlng.com

Initial If accepted: _____ _

OPTIONAL MENU OF SERVICES

Start Mats - $250.00 • Service allows event to provide participants with a "Chip Time" as well as "Gun Time." Start line

consists of one independent ChronoTrack line. This service recommended for races with greater than 400 participants. We can provide a start line up to 24' unobstructed feet wide.

Initial if chosen: ___ _

Speaker and microphone rental- $75 • One speaker and microphone for making announcements and playing music

Initial if chosen: _n/a __ _

Portable Toilet Rental - $90/toilet • We will arrange for drop off and pick up of portable toilet rental. Race director must specify

desired location. Initial if chosen: _n/a. ___ _ Number of toilets: ____ _

Multiple Races - $150.00 per additional distance/race timed • Service will be included if the event plans on having more than one race distance timed (i.e. Sk

and 10k, 1M and Sk) Initial if chosen: _n/a. ___ _

Additional race distance: ____ _

Course Layout - $300.00 up to 3M/5k, $SO per additional mile • Lay out and measure the course ahead of race day to ensure safe route that is accurately

measured. Initial if chosen: _n/a. __ _

Course Marking - $250.00 up to 3M/5k, $50 per additional mile • Set-up the race course on the day of the race. Service includes all free standing directional signs,

cones, and mile markers. {Course map and spray painted mile markers must be done by the client before race day otherwise client will be charged $300 for course layout up to 3M/SK, $50 for each additional mile of measurement)

COVERAGE OF SPECIAL EVENT LIABILITY INSURANCE: (PLEASE INITIAL ALL BULLET POINTS)

Initial if chosen: _n/a __ _

• Client Is to provide a certificate of event liability Insurance for coverage of at least $1,000,000 per occurrence no later than 60 days before the event date.

RACE DIRECTOR INITIALS: ___ _ • Client Is to list Terra Running Company under those covered by the Participant Release Waiver.

RACE DIRECTOR INITIALS: ___ _ • Client Is to list Terra Running Company as an additionally insured member under their liability

Insurance.

Terra Running Company 2S48 Georgetown Rd. Cleveland, Tennessee 37311 423•790-7901 TerraRunnlng.com

RACE DIRECTOR INITIALS: ___ _

-33-

-34-

• Client understands that they are solely responsible for managing the event course on race day which includes but is not limited to: recruiting/placing volunteer course monitors, traffic control and runner safety. Client understands Terra Running Company under no circumstances will be held accountable for these aspects of the event.

RACE DIRECTOR INITIALS: ___ _

CLIENT TO PROVIDE: • Reliable power source at Registration, start and finish area. • Sheltered Registration area for Race Day sign-ups.

Respectfully Submitted,

Brittany and David Durkin Terra Running Company 423-790-7901 [email protected]

AGREEMENT CONCLUSION

The RACE agrees to hire Terra Running Company for the professional event timing for the event listed above at the outlined price structure. Please return this signed document within 30 days, as well as a $200.00 non-refundable deposit, to secure your event date. Please make your check payable to Terra Running Company and send to 90 N. Ocoee St. Cleveland, TN 37311.

All fees will be due 7 days following the event. You will receive an invoice the Monday following your event.

Agreed by:

Name Race

Brittany or David Durkin, Terra Running Company

Date Issued: _____ _

Terra Running Company 2548 Georgetown Rd. Cleveland, Tennessee 37311 423-790-7901 TerraRunning.com

Date

Date

TO:

FROM:

DATE:

RE:

SUMMARY:

City Council




January 23, 2019

Commons Lane


www .clevelandtn.gov

The City has received the final plat for Commons Lane. City staff have inspected Commons Lane (approximately 390 linear feet) located in The Commons at the Grove Subdivision. Commons Lane meets city street design specifications.

COMMITTEE FINDINGS:


FISCAL ANALYSIS:

There is no financial impact to the City of Cleveland's budget.

RECOMMENDATION:

City staff recommends the approval of Commons Lane as a city street.

-35-

-36-

RESOLUTION NO: 2019-10

WHEREAS, Commons Lane is a street shown on a plat of The Commons at the Grove Subdivision, which plat was recorded on November 1, 2017 in Plat Book 33, page 80, in the Register of Deeds' Office of Bradley County, Tennessee; and

WHEREAS, Commons Lane is located inside the City limits of the City of Cleveland; and

WHEREAS, the developer of this subdivision has requested that the City accept Commons Lane as a City street; and

WHEREAS, City engineering staff have inspected Commons Lane to confirm that this street has been constructed to City of Cleveland street construction standards; and

WHEREAS, City engineering staff is now recommending that the City accept Commons Lane 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 a Commons Lane as a City Street.


Kevin Brooks, Mayor


-37-

• • , .. ; ! . . . ... . . ... ' ' • • ... ll n ! !! .. i .. . . .. . I ! i' . ' . ' ~: :s ! ;

I I . . ... J J • • I • •

!! !!! -. . ...

-38-

TO:

FROM:

DATE:

City Council




January 23, 2019



RE: TDOT Amendment - 17th Street & 20th Street Improvements

SUMMARY:

The City has received an amendment to the original contract for improvements along 17th Street from Keith Street NW to Ocoee Street and 20th Street, from Harle Avenue NW to Neely Circle. This project includes milling, resurfacing, drainage improvements, adding curb and gutter and ADA compliant ramps. The amendment is extending the contract from December 31, 2018 to June 30, 2020.

COMMITTEE FINDINGS:


FISCAL ANALYSIS:

There are no financial impacts to the City of Cleveland's budget.

RECOMMENDATION:

City staff recommends the approval to accept the contract amendment between the State of Tennessee Department of Transportation and the City of Cleveland.

RESOLUTION NO. 2019-11

WHEREAS, the City has received the attached contract amendment number 2 from the Tennessee Department of Transportation (hereafter "TOOT") for the project described below; and

Project description: Miscellaneous Improvements on 17th Street from SR-2 (Keith Street NW) to SR-74 (Ocoee Street) and 20th Street, from Harle Avenue to Neely Circle PIN # 118870.00 Federal Project#: STP-M-9203(21) State Project #:06LPLM-F3-036 Contract#: 130159

WHEREAS, the City Council desires to enter into the attached contract amendment number 2 with TOOT and to further authorize the Mayor to execute the attached contract amendment 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 amendment number 2 with TOOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland.



Kevin Brooks, Mayor


-39-

-40-

JOIIN C. SCHROER COMMISSIO'IER

The Honorable Kevin Brooks Mayor, City of Cleveland 190 Church Street NE PO Box 1519 Cleveland, TN 37364-1519

STATE OF TENNESSEE DEPARTMENT OF TRANSPORTATION

PROGRAM DEVELOPMENT & ADMINISTRATION DIVISION LOCAL PROGRAMS DEVELOPMENT OFFICE

SUITE 600. JAMES K. POLK BUILDING 505 DEADERICK STREET

NASHVILLE. TN 37243-1402 (615) 741-5314

January 11, 2019

BILLIIASLAM GOVERNOR

Re: 1711l Street. from SR-2 (Keith Street NW) to SR-74 (Ocoee Street) and 201n Street, from Harle Avenue NW to Neely Circle Cleveland, Bradley County PIN: 118870.00 Federal Project Number: STP-M-9203(21) State Project Number: 06LPLM-F3-036 Agreement Number: 130159

Dear Mayor Brooks:

I am attaching an amendment to the original contract. The amendment replaces the Exhibit A and extends the contract expiration date. Please review the amendment and advise me if it requires further explanation. If you find the amendment satisfactory, please execute it in accordance with all rules, regulations and laws, obtain the signature of the attorney for your agency, and return it to me. Once the amendment is fully executed, we will send a copy to you for your records.

If you have any questions or need any additional information, please contact Nate Brugler at 615-532-4415 or [email protected].

Sincerely,

w~~ Whitney Britt Transportation Manager

Attachment

Amendment Changing a Specific Paragraph & Replacing Previous Exhibit A -4

l -

Amendment Number: 2

Agreement Number: 130159

Project Identification Number: 118870.00

Federal Project Number: STP-M-9203(21)

State Project Number: 06LPLM-F3-036

THIS AGREEMENT AMENDMENT is made and entered into this ____ day of

___ _, 20_ by and between the STATE OF TENNESSEE DEPARTMENT OF

TRANSPORTATION, an agency of the State of Tennessee (hereinafter called the "Department")

and the CITY OF CLEVELAND (hereinafter called the "Agency") for the purpose of providing

an understanding between the parties of their respective obligations related to the management of

the project described as:

17th Street. from SR-2 (Keith Street NW) to SR-74 (Ocoee Street) and 20th Street. from Harle

Avenue NW to Neely Circle

1. The language of Agreement# 130159 dated July 29, 2013 , Section B.2 a) Completion Date is amended to change the first sentence of Section B.2 a) from:

The Agency agrees to complete the herein assigned phases of the Project on or before DECEMBER 31, 2018.

to The Agency agrees to complete the herein assigned phases of the Project on or before JUNE 30, 2020.

1. Exhibit A for AGREEMENT# 130159 dated July 17. 2014, is hereby deleted in its entirety and replaced with the attached Exhibit A for Amendment 2 .

All provisions of the original contract not expressly amended hereby shall remain in full force and effect.

Approved: Version 1

-42-Amendment Changing a Specific Paragraph & Replacing Previous Exhibit A

IN WITNESS WHEREOF. the parties have caused this instrument to be executed by their respective authorized officials on the date first above written.

By:

By:

CITY OF CLEVELAND STATE OF TENNESSEE

DEPARTMENT OF TRANSPORTATION

By: ---- ---------Kevin Brooks Mayor

Date

APPROVED AS TO

FORM AND LEGALITY

John C. Schroer Commissioner

Date

APPRO\'E0 AS TO

FORI\I AND LEGALITY

By: ---- ---------John Kimball Attorney

Date John Reinbold General Counsel

Date

Approved: Version I

-43-

Amendment Deleting and Replacing Exhibit A

EXHIBIT "A" for AMENDMENT 2

AGREEMENT#: 130159

PROJECT IDENTIFICATION#: 118870.00

FEDERAL PROJECT #: STP-M-9203(21)

STATE PROJl!CT #: 06LPLM-F3-036

PROJl!CT Dl!SCRJPTION: Miscellaneous improvements on 17th Street, from SR-2 (Keith Street NW) to SR-74 (Ocoee Street) and 20th Street, from Harle Avenue NW to Neely Circle. Work will include milling, resurfacing, drainage improvements, adding curb and gutter and ADA compliant ramps.

CHANGE! IN COST: Cost hereunder is controlled by the Surface Transportation Block Grant Program funding available to or allocable to the Agency.

TYPE OF WORK: Miscellaneous Improvements

PHASE PE-DESIGN RIGHT-OF-WAY CONSTRUCTION TOOT ES CEI

FUNDING SOURCE!

M-STBG M-STBG M-STBG M-STBG M-STBG

FED%

80 80 80 80 80

STATE%

0 0 0 0 0

LoCAL%

20 20 20 20 20

ESTIMATED COST

$163,754.00 $88,000.00

$1,018,544.00 $10,200.00

$153,647.00

INELIGIBLE CoST: One hundred percent (100%) of the actual cost will be paid from Agency funds following expenditure of the most recently approved TIP cost or if the use of said federal funds is ruled ineligible at any time by the Federal Highway Administration.

TDOT ENGINEERING SERVICES (TDOT ES): In order to comply with all federal and state laws, rules, and regulations, the TOOT Engineering Services line item in Exhibit A is placed there to ensure that TDOT's expenses associated with the project during construction are covered. The anticipated TDOT expenses include but are not necessarily limited to Construction Inspection and Material and Testing Expenses (Quality Assurance Testing).

LE!GISLATIVI! AUTHORITY: STBG: 23 U.S.C.A, Section 133, Surface Transportation Block Grant Program funds allocated or subject to allocation to the Agency.

For federal funds included in this contract, the CFDA Number is 20.205, Highway Planning and Construction funding provided through an allocation from the US Department of Transportation.

-44-

TO:

FROM:

DATE:

RE:

SUMMARY:

City Council




January 28, 2019

CDBG 5-Year Plan


www.clevelandtn.gov

Every five years the City must complete a federally mandated 5-year consolidated plan. Five years ago the City used a similar process to select a consultant to complete these plans. City staff has put out an RFP for bids.

After our due diligence process for professional services, City staff is recommending to allow Farmer Morgan to complete this five year plan for a cost of $24,000. It will be completed before May 15, 2019.

COMMITTEE FINDINGS:

none

FISCAL ANALYSIS:

The City will use ESG funds for the funding of this project.

RECOMMENDATION:

City staff recommendation is to approve this agreement for $24,000 with Farmer

Morgan to complete this project.

RESOLUTION NO: 2019-12

A RESOLUTION APPROVING OF THE SELECTION OF FARMER MORGAN LLC TO PROVIDE PROFESSIONAL SERVICES FOR THE 2019/2024

CONSOLIDATED PLAN, ONE-YEAR ACTION PLAN, AND THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE PLAN

WHEREAS, the City Manager and City development and planning staff have completed the consultant selection process for the City's planning services to prepare the City's 2019/2024 Consolidated Plan, One-Year Action Plan and the Analysis of Impediments to Fair Housing Choice Plan; and

WHEREAS, the City Manager and City development and planning staff are now recommending that the City select Farmer Morgan LLC to provide these professional services; and

WHEREAS, the City Manager and City development and planning staff have been working with Farmer Morgan LLC to finalize a professional services agreement with Farmer Morgan LLC for these services, which agreement would provide for maximum compensation in the amount of Twenty Four Thousand Dollars ($24,000); and

WHEREAS, the City Council desires to approve of the selection of Farmer Morgan LLC for the professional services described herein, and to authorize the Mayor to execute the attached professional services agreement with Farmer Morgan LLC on behalf of the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Council does hereby approve of the selection of Farmer Morgan LLC to provide professional services as described in the attached agreement, and the City Council further authorizes the Mayor to execute the agreement on behalf of the City.

Approved this 28th day of January, 2019.


Kevin Brooks, Mayor


-45-

-46-

_J_J_JL

-[--~re 7 -- L ---7 17 -

FARMER I MORGAN PLA\ll\ NG DESIGN CONS fRJCTIQ/\,

"'"' 'v f41me1mo,9.tn com

Date 0128.2018

The Honorable, Kevin Brooks

Mayor, City of Cleveland

Post Off ice Box 15 19 190 Church Street, NE

Cleveland, Tennessee 37311

Dear Mayor Brooks:

Farmer I Morgan is pleased to have the opportunity lo propose p lanning services

for the Cleveland 20 19/2024 Consolidated Plan, One-Year Action Plan, and the

Analysis of Impediments to Fair Housing Choice Plan Our proposal focuses on a

framework that centers on a community dialogue to 1dent1fy housing and

comrrunity development priorities. The plan then 1dent1'ies priority needs that

reflect the current market needs, expected availability of funds and the local

capacity to administer the plan.

Farmer I Morgan (the Consultant) understands the Scope of Services to include

those outlined in the RFP, but are not limited to ·

1. Preparation and completion of an Ana lysis of Impediments Study to Fair

Housing Choice (Al) delivcrnd in a form satisfactory to the City of Cleveland.

2. Preparation and complellon of a 5-Year Consolidated Plan for Housing and

Community Development covering the period of July 1, 2019 through June 30,

2024 1n a 'arm satisfactory to the City of Cleveland

3. Development of a public participation plan that solic,ts input in diverse ways

(combination of surveys, interviews, focus groups, public meetings) and the facilitation of required public meetings/hearing(s). City staff will be responsible for

o rganization of all focus groups, public hearing/meetings for consultant

Consultant responsibili ty is to lead the d iscussion and provide information at

events.

4. Ongoing technical assistance and counsel on the implementation of the Analysis o< Impediments and Consolidated Plan, and lo a reasonable extent

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technical assistance and counsel on community development and afforoable

housing activities, during the contract period

5. Must meet all HUD requirements and deadlines regarding the Consolidated

Plan/Action Plan and Analysis of Impediments to Fair Housing Choice.

In order to elaborate further on this scope, we have broken the proposa l into two

parts: I. 5-Year Consolidaled Plan (to include the One-Year Action Plan), and IL Analysis of Impediments lo Fair Housing Choice (Al) Plan

I. Consolidated Plan

The proposed planning methodology and resulting document developed 1n the

Integrated Disbursement & Information System (IDIS) will assess the affordable housing and community development needs and market conditions In addition,

the consolidatec plan will assist the City of Cleveland in making data driven, place

based investmen t decisions for future development activities.

The consolidated plan is composed of four maJor sections, which are:

1 Determining needs

2 Setting priorities

3. Determining resources 4 Selling goals for achievement

Citizen part1c1pat1on and consultation are incorporated throughout each phase.

One of the main obiect1ves of the citizen participation and co'"lsultat1on

requirements is to ensure that input from a wide range of providers, otrLens,

advocacy g roups, public and private agencies and community leaders 1s

incorporated into both the development and implementation of the

Consolidated Plan. In addi tion, new HUD regulations require that any Consolidated Plan submitted

on or afte r January 1, 2018 rnust include the evaluation of broadband access and

resilience measures. This involves the assessment of:

1 the availability of broadband access; 2 the vulncrabi ity of housing occupied by low- and moderate-income households to

natural hazard risks.

Grantees must consult wtlh and encourage participation in the development o f

the consolidated plan from four additional stakeholder categories:

For broadband:

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1 public and private organizations, including broadband interne t service providers; 2. organizations engaged in narrowing the digital divide.

For resilience 1. agencies whose primary responsib il ities include the management of flood prone areas,

public land, or water resources, 2. emergency rranagement agencies

Each of the a'orement1oned four components of the Consolidated Plan 1s discussed in greater detail 1n the Scope of Services Section

II. Analysis of Impediments

The City o f Cleveland is required to undertake a HUD Consolidated Plan as part of receiving HUD CDBG funds. As part of the Consolidated Plan, grantees must submit an Affirmatively Further Fair Housing (AFFH) certification. The HUD certification requires the City of Cleveland to undertake Fair Housing Planning (FHP) HUD states that the certification planning 1s completed by·

1 Undertaking the Analysis of Impediments Plan; 2 Identifying actions to eliminate any 1dent1fied inped1ments; 3 Recording of actions taken to remove impediments 1dent1 f1ed

•

Impediments to fair housing choices are "any actions, omissions, or decisions taken because of race, color, relig ion, sex, disability, fami lial sta tus, or national origin which restrict housing choices o r the availability of housing choices" Furthermore, "any actions, omissions, or decisions wh ich have the effect of restricting housing choices or the availability of housing choices on the basis o f race, color, religion, sex, disabili ty, familial status, or national origin "

The scope of the /\I Plan is broad in nature and covers public and private policies,

practices and procedures affecting housing choice The City of Cleveland's obligation to the Aff1rmat1vely Furthering Fair Housing (/\FFH) obligation extends to all housing and housing related activities in the planning iurisdiction for the CDBG area. This includes publicly o r privately funded operations.

The Al Plan is a review of impediments to fair housir19 choice in the public and private sector and requires review of the fo llowing :

Comprehensive review of the City o f Cleveland jur1sdrct1on laws, regulations, and administrative policies, procedures, ,:ind practices

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FARMER I MORGAN PLANNlf\:G DESIGN CONS rRUCllON

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• As assessment of how the laws, regulations and administrative policies, procedures and practices affect the location, availability. and accessibility of housing

• As assessment o f cond1l1ons, both public and private, affect fair housing choice 1or all

protected classes • As assessment of the availability of affordable, accessible housing in a ranged unit sizes

In order lo assist the City of Cleveland 1n continuing its erfort lo remove 1mped1ments to fair housing and be able to complete the AFFH cerl1ficat1on, we have proposed to complete the /\I Plan in concert with the City of Cleveland Consolidated Plan This will assist in developing data sets for analysis and sharing the data with sta~eholders and ot1zens interested 1n fair housing choices.

Project Methodology:

Consolidated Plan

Farmer I Morgan 1s founded on prov1d1ng clients with unique planning concepts

that speak to the client's goals 1n developing data supported, community involved and strategically achievable community plans. Our methodology wil l produce the Cleveland Consolidated Plan through 2 stakeholder meetings and 2

citizen participalion meetings and 1 final comment period. The plan involvement meet ngs are described 1n detail below and further clarified 1n the Scope of Services. Farmer I Morgan has relevant experience in working with municipal entities on consolidated p lanning that involves stakeholders from public and private agencies as well as public involvement efforts with citizen participation. In

addition, Farmer I Morgan will host the public/private agency stakeholder meetings and separate citizen participation meetings within the City of Cleveland

and on the same day.

The Needs /\ssessment data wi ll be generated prior lo the stakeholder and ci tizen participation meetings and shared at each initia l rr1eeting The Market

Analysis data will also be genera ted prior to stakeholder and citizen part icipation meetings and shared at the in itia l meeting The second se t of proposed meetings wil l review Lhe comments from the firsl meeting and begin to establish the priori ty needs for the p lanning area The lhird se t of meetings will review the commen ts from the second set of meet,ngs. and receive commenl on the d raft

priorities to be undertaken in the 5-year p lanning period.

A final single commenl period 1s recommended Lo be held at the Cleveland City Hall for public comment on the City of Cleveland, Consolidated Plan 2019/2024.

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Analysis of lmoed1ments· Farmer I Morgan has proposed to undertake the Analysis of Impediments to Fair Housing Choices Plan (/\1) in con1unctIon with the Consolidated Plan The Al Plan will be a separate document con taming impediments to fair housing choices w1th1n the planning 1unsd,ct,on o' Cleve1and. Our methodology will produce the requested work through the 2 stakeholder meetings (working group), 1 citizen engagement meeting and 1 final comment period on the Al Plan Farmer I Morgan will assist in developing a working group of public and private sector 1ndiv1duals to assist in 1denti'ying and developing strategies to remove ,mpcd,ments.

Farmer I Morgan will host the 2 working group meetings in coordination with the

proposed Consolidated Plan meetings We believe that the Consolidated Plan stakeholder meetings and working group meeting schedule wil l allow for reduced cost and valuable input on the impediment issues

We recommend the working group be composed of 9 to 11 public and private entities that can assist in clarifying impediment issues. Meeting t imes and wo rking g roup schedules wi ll be clarified during the formal schedule development period. The Al Plan working g roup is curren tly scheduled to meet 2 times during the document development period.

The Al Plan requires planning jurisdiction background informauon and data analysis. Th is data consists o' demographic data, income data, employment data, housing profile, associa ted maps and other identified information. This information should be collected in con1unction with and at the same time as the data analysis needed for the Consolidated Plan.

SCOPE OF SERVICES:

Farmer I Morgan has evaluated the need 'or a HUD Consolidated Plan and

Analysis of Impediments Plan for the City of Cleveland, Tennessee We understand the plan Is to ,nclude the following:

I. Consolidated Plan

• Meetings: 6 primary involvement meetings (4 stakeholder meetings; 2 citizen

engagement meetings) • 1 comment period meeting

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• Final document generated In the Integrated Disbursement & Inf ormat1on System (!DIS)

with the following sections Administration

11 . Planning Jurisdiction, Inf ormatIon iii . Planning Jurisdiction, Program Contacts Iv. Survey Data Documentation, taken from local needs survey online

v Executive Summary vi. Lead & Responsible Agencies Narrative vII Consultation Narrative - Public & Private Agencies vI11 Citizen Participation Narrative - Cillzen Involvement

Ix Needs Assessment a. Overview Narrative b. Housing Needs Assessment c. Disproportionately Greater Need : Housing Problems d . Disproportionately Greater Need : Severe Housing Problems

e. Disproport ionately Greater Need Housing Cost Burden f. Disproport ionately Greater Need : Discussion g. Public Housing h. Homeless Needs Assessment 1. Non-Homeless Special Needs Assessment

J Non-Housing Community Development Needs

x Market Analysis a Overview b . Number of Housing Units

c Cost of Housing d Cond ition d Housing e. Public & Assisted Housing f. Homeless Faolit1es & Services g . Special l\eeds Facilities & Services

h. Barriers to A ffordable Housing 1. Non-Housing Community Development Assets J. Needs & Market Analysis Discussion

xI Strategic Plan a Overview

b. Geographic Pnonlies c. Priority Needs d . Influence of Market Conditions e. Anticipa ted Resources f. Institutional Delivery Structure

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g. Goals h. Public Housing Accessibility & Involvement 1. Barriers to Affordable Housing

J Homelessness Strategy k. Lead Based Pain Hazards I. Anti-Poverty Strategy m. Monitoring Plans

x11. First Year Action Plan a. Expected Resources

b Annual Goals & ObJect1ves c. ProJects d. Geographic Distribution e. Affordable Housing f. Public Housing g . Homeless & Other Special Needs Activities h. Barriers to Affordable Housing 1. O ther Action Items Narrative

J Program Specific Requ irements

I. Analysis of Impediments Plan

• 2 .t\l Plan working group meetings

• I C1tiLen engagement meeting • 1 C1t1Len and stakeholder comment period meeting

• Final document generated 1n an approved format from the City d Cleveland x111 Introduction

XIV

a. Analysis or Impediments Background b Fair Housing Act c. Who Conducted the /\I d. Participants in the /\I e. Planning and Research Methodology f. Summary of the Previous Impediments g. Summary of Current Impediments Found h. Summary d Actions to Address Impediments

Al Funding

Community Profile (Demographic Data) a. Introduction b. Population, Race and Ethnicity c. Household Characteristics

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d. Income, Education, and Employment e. Transportation and Commuting

xv. Housing Profile a. Housing by Tenure b. Housing Affordability c. Community Housing Affordability Study Data (CHAS-Community Housing

Affo rdability Study) d Housing Stock Ava ilable to Disabled Persons e Homeownership by Race and Ethnicity

f. Recent City Housing Accomplishments g . Public Housing Authority Policies

h City Regu latory Review

xvi . Comol1ance Data and Analysis a. Introduction b. CRA Compliance (Community Reinvestment Act) c. HMDA Data Analysis (Home Mortgage Disclosure Act)

d. Foreclosure Data e. Fair Housing Complaint Data

Legal Cases 1n City and Region

xv11 Public Outreach a. Introduction b. Citizens Survey (conducted online) c. Addiuonal surveys d Working Group Interviews c Public Meetings and Community Outreach

Public Education and Outreach

xv111. Fair Housing Impediments and Recommendations

a. Public Sector 1) Zon ing and Site Selection 2) Neighborhood Revitalization, Municipal services, Employment and

Housing, Transportation linkages 3) PHA and other assisted/insured housing provider tenant selecuon

procedures, housing choices for certificate and voucher holders

4) Sale of subsidiLed housing and possible d isplacement 5) Property tax policies 6) Planning and zoning board composition

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7) Bui lding Codes and Accessib ili ty

b Private Sector

1) Lending Policies and Practices

c. Public & Private Sector 1) Fair Housing En forcement

2) Informational Programs

3) Visit ability in Housing

d. Previously identified impediments and recommendations

1) Where there is determ ination of unlawful segregation or o ther

housing discrimination by a courl or a finding of noncompliance

by HUD . ... Requi res an analysis of Lhe actions which could be

taken by the recipient to help remedy the discriminatory condition,

including actions involving the expenditure of funds by the

Jurisdiction

e. Existing impediments and recommendations

f. Action Plan Table and Timeline

xix. Assessment of Current Public and Private Fair Housing Programs and Activities in

the Planning Jurisdiction

xx. Conclusions & Recommendations

xx1 Signature Page for Chief Elected Official

xx11. Appendix:

It is understood by Farmer I Morgan that the deliverables for the project include p reliminary and final documents with text, illustrations and mapping tha t address

the scope of services, and one digital copy and one hard copy of each fina l document. There is to be one p roofing and review of the final Consolidated Plan

and one proofing and review of the Analysis of Impediments Plan. All draft and

fina l documents are to be print ready. Printing o f the draft and final copies of all documents are a reimbursable expense with a budget line item listed in the

compensation section.

PROJECT SCHEDULE:

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The project schedule for City of Cleveland, Consolidated Plan is to initiate contract in January of 20 19. The initial p lanning wo rk for scheduling is complete

with the proposed schedule for each plan atlached to this document. The completion of wo rk for the Consolida ted Plan is Lo take place over a five month period from February 2019 through June 2019. Final payment is to be requested in May of 2019 upon approval by HUD of the submitted plans

The planning documents to be undertaken will be completed in draft form by April 15, 2019 The final public comment period will be held in April of 2019.

Submission of the draft document to HUD will occur in May of 2019. The review period for the draft document by the City of Cleveland prior to the public comment period will be two weeks. The revisions will be made and the d raft document del ivered to the City of Cleveland with in two weeks of receipt of the revisions. Discussions and cla ri fications for initiating work are to take place al the

signing of the contract.

Proposed Scheoule·

o See attached detailed schedule for both planning documents

Compensation:

Based on the scope of services described above, the cost to perform the City of Cleveland, Consolidated Plan & Analysis of Impediments wil l be a lump sum fee

of $24,000 00 and to be billed monthly over a 5 month period The proJeCt 1s to begin with analysis work starting in February 2019 and closeout in June 2019

The data and planning documents produced and provided lo the City of

Cleveland will remain property of Farmer I Morgan and the City of Cleveland and may be used by each at their discretion

This fee 1s to be broken down in the 'allowing manner·

Retainer : $4,800 00

Monthly Invoice 5 months at $3,840 00 per month February 2019 through June 2019)

Additional Services:

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Services not outlined and clarified in the scope of services section may be completed upon request and approval received in writing. These services are undertaken at an hourly rate o f $145.00.00 per hour and may include but are not

limited to additional project meetings and project development services to assist in implementation of the Consolidated Plan

AUTHORIZATION:

The Agreement for Services, form is attached and 1s incorporated as a part of this

proposal. Please indicate your acceptance of the proposal by signing the form and returning it lo our office. We will then proceed with development of the initial project work. If this p roposal 1s transmitted to you via email and if you

choose to accept this proposal by email, your reply email acceptance will serve as your representation lo Farmer-Morgan that you have reviewed the proposal and the associated Agreement Services and hereby accept both as written

CLOSING REMARKS:

Farmer-Morgan appreciates your interest ,n allowing our firm to provide services for the City of Cleveland Consolidated Plan 2019/2024· and the City of Cleveland Analysis of Impediments to Fair Housing Choice Plan 1r you have any questions

after reviewing this proposal, please do not hesitate to contact us at your convenience.

Sincerely,

~ J:-u->-vv---Beniam,n B Farrrcr ASLA, AICP, PLA ::irincipal Managing Partner

Farmer I Morgan, L.L.C. o : 61 5 7 61 9002 d:334 444 2893

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Date January 28, 2019

Client Name City of Consultant \Jame· Farmer I Cleveland, Tennessee 'v1organ, L LC

Address· 190 Church Address: Post Office Box 592

Street, NE City. Pikeville

City: Cleveland State Tennessee State· Tennessee Zip Code: 37367

Zip Code: 3731 1

Telephone. 423-479-1913 Telephone: 615-7 61-9002

Fax Number: 423-559- Fax Number: 615-761-9008

3373 Email Address:

Email Address: n/a [email protected]

Project Name· City of Cleveland Consolidated Plan (5yr) & Analysis of Impediments to =air Housing Choice Plan

Proiect Location City of Cleveland, Tennessee

City, State, Zip Code Cleveland, Tennessee 37311

Services To Be Rendered· Drafting of the Cleveland Consolidated 0 1an & Analysis of Impediments to rair '-"iousing Choice ::>Ian

Proposal Number: N/A

Dated January 28, 2019 This Agreement For Services is incorporated into the above Proposal.

Client desires to contract with Consultant for the Services to be Rendered (Services) on Client's Project, as conta ined in Consultant's Proposal The Proposal and Client's Project are referenced immediately above.

THEREFORE, in consideration of the Mutual Covenants and Promises included herein, Client and Consu ltant agree as follows

ACCEPTANCE· Client hereby accepts this offer by Consultants to provide the Services as contained in Consultant's Proposal and agrees that such Services and any additional

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Services authorized by Client shall be governed by the terms of this Agreement If Client directs that Services commence prior to execution of this Agreement, Client agrees that commencement o' Services by Consultant is in reliance on Client having accepted the

terms o' this Agreement and acknowledge that Client will execute this Agreement, forthwith. Client may accept this Agreement for Services through the use of Clte'1t's Purchase Order, however all preprinted terms and conditions on Client's purchase order are inapplicable and the terms o' this Agreement shall govern. Unless this o•fer is previously accepted, 1t will be withdrawn automatically at 5:00 pm. Central Standard Time, f1'teen (15) days from the date of issue

2. CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement for Services, the Proposal identified under "SERVICES TO BE RENDERED," and any

modificauons, exlensions, and add,:ions to the "Services to be Rendered" that Consultant has performed or may perform for Client.

3. P/-WMENT· Clienl will pay Consultan l for Services and expenses in accordance w1 lh the ContracL Documents. If p rices for Services are not specified in the Contract Docurnen ls, Consultan l's currenl fee schedule in effect for the location providing the Services sha ll con trol. Consultant will submit p rogress invoices to Cl ient monLhly and a final invoice upon completion of Services Payment is due upon receipt of the invoice unless

o therwise agreed Lo In writ ing p rior to the submittal of the invoice. Invoices are past due 1 S ca lendar days after the date of the invoice. Past due amounts are subject to a la te f cc of one and one-ha l1 percent per month ( 18 percent annum} or the highest amount allowed by applicable law on the outstanding balance, whichever is less. Attorney's fees and other costs incurred In collecting past due amounts shall be paid by Client. The

Cl ient's obl19at1on to pay under this Agreement is in no way dependent upon the Client's ability to obtain finanong, payment rrom third parties (unless stipulated In the Services To Be Rendered secuon), approval of governments or regulatory agenoes, or Client's

succcssf ul completion of the ProJect.

Consultant shall be paid 1n full for all Services rendered under this Agreement,

including any additional Services authorized by Client in Writing. However, 11

Client obJects to all or any port,on of any invoice, Client shall so notify Consultant In wriung of the ob1ect1on within ficteen (15) days from the date of invoice, give reasons for the obJect1on. and pay the portion of the invoice not subject lo Cl,ent's obJection Client and Consultant will in1ormally discuss Client's obiecuons to the InvoIce and allernpt to reach a resolution mutually acceptable lo Client and Consultant. If Client or Consultant determines that an informal resolution Is not possible, then that parly shall so state in writing to the other party and inittale a final resolution pursuant lo the Dispute Resolution provisions of this Agreement for Services. If the Client does not object in writing to all or a portion of the

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invoice within rifteen (15) calendar days from date of 1nvo1ce, then the full amount

of the 1nvo1ce 1s due and payable and all abJect1ons are waived

Without incurring any liability to the Client, Consu ltant may either suspend or

terminate this Agreement if Client fai ls to pay any undisputed invoice amounts

with 60 calendar days o f the invoice date, o r if C lient states its inten tion not to pay

forthcoming invoices. Such suspension or termination will not waive any other

cla im Consultant may have aga inst Cl ient. Following such suspension or

termination, Consultan t may resume work by mutual agreement with Clien t after

payment by Client o f all understanding invoiced amounts and collection

expenses. Client waives all claims for damages o r delay as a result of such

suspension or termination.

Any invoices that remain unpaid thirty (30) calendar days after Client's receipt o' letter 'rom Consultant demanding payment of the 1nvo1ces or noticication of a

collection action by an attorney or collection agency shall constitute a release of

ConsJltant by Client form any and all claims whatsoever, including, but not

limited to, tort or contractual claims which Client may have against Consultant for

Services performed under said 1nvo1ce(s)

4. STANDARD OF CARE AND WARRANTY DISCLAIMER· Consultant and its agents,

employees and subcontractors shall endeavor to perform the Services for Client with that

degree of care and skill ordinarily exercised, under similar circumstances, by consu ltants

p racticing in the same d iscipline at the same time and location In the event any portion of the Services fails to substantially comply with this standard of care obligation and

Consultant 1s promptly notified in writing prior to one year after completion o f such

portion of Services, Consu ltant will re-perform such portion of the Services, or if re

performance is impractical, Consultant wi ll refund the amount of compensation paid to

Consultant for such portion of the Services. THE REMEDl~S SET FORTH HEREIN ARE

EXCLUSIVE AND NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED IS

MADE OR INTENDED sv THIS AGREEMENT or by any report, opinion, or other

Instrument of Service provided pursuant lo this Agreement.

5. LIMITATION OF REMEDIES: CONSULTANT'S AGGREGATE LIABILITY RESPONSIBILITY

TO CLIENT, INCLUDING THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND

/\GENTS, IS LIMITED TO $24,000 00 OR THE AMOUNT OF CONSULTANT'S TOTAL

FEE UNDER THIS AGREEMENT, WHICHEVER IS GREATER, HEREINAFTER REFERRED

TO /\S LIMIATION OF REMEDY THIS LIMIATION OF REMEDY APPLIES TO ALL

LAWSUITS, CLAIMS OR ACTIONS, WHETHER IDENTIFED AS ARISING IN TORT,

CONTRACT. INCLUDING NEGLIGENCE (WHETER SOLE OR CONCURRENT), PROFESSIONAL ERROR OR OMISSIONS, BREACH OF WARRANTY (EXPRESS OR

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FARMER I MORGAN Pli\N:-.JING DfSIGN COl\!STRUCTION

IMPLIED), NEGLIGENT MISREPRESENTATION, /\ND STRICT LIABILITY, OR OTHER

LEGAL THEORY, INCLUDING WITHOUT LIMITATION, CONSULTANT'S INDEMITV

OBLIGATIONS TO CLIENT RELATED TO THE SERVICES PROVIDED IN THIS

AGREEMENT AND ANY CONTINUA.TION OR EXTENSION OR OUR SERVICES.

IF CLIENT DESIRES A HIGHER LIMITAT ON OF REMEDY, CONSULTANT MAY

AGREE, AT CLIENT'S REQUEST TO INCREASE THE LIMITATION OF REMEDY

TO A GREATER SUM IN EXCHANGE FOR A NEGOTIATED INCREASE IN FEE.

/\NY /\DDITIONi\L CHARGE FOR A HIGHER LIMITATION OF REMEDY IS

CONSIDERATIO\l FOR THE GREATER RISK ASSUMED BY CONSULTANT AND

IS NOT A CHARGE FOR ADDITIONAL PROFESSIO NAL LIABILITY INSURANCE.

ANY 1,GREEMENT TO INCREASE THE LIM ITATION OF REMEDY MUST BE

MADE IN WRITING AND SIGNED sv BOTH PARTIES IN ADVANCE OF THE

PROVISION OF SERVICES UNDER THIS AGREEMENT.

BY ENTERING INTO THIS AGREEMENT, CLIENT ACKNOWLEGES THAT THIS

LIMITATION OF REMEDIES PROVISION HAS BEEN REVIEWED, UNDERSTOOD

AND IS/\ MATERIAL PART OF THIS AGREEMENT, AND THAT CLIENT HAS HAD

AN OPPORTUNITY TO SEEK LEGAL ADVICE REGARDING THIS PROVISION

6 DISCL/\IMER OF CONSEOUENTIA_ DAMGES. Neither Consultant nor Client will be

liable lo the other for any special, indirect, incidental or consequential loss or damages,

including, but not limited to, lost profits, damages for delay, or loss o' use ar1s1ng from or

related lo Services provided by Consultant.

7. REPORTS In connection with the performance of the Services, Consultant shall deliver

lo Client one or more reports or other written documents reflecting Services provided

and the results of such Services All reports and wri tten documents delivered to Client

are instruments reflecting the Services provided by Consultan t pursuant lo this Agreemen t and are made available fm Client's use subject to the lim itations of this

Agreemen t. Instruments of Service provided by Consu ltant to Client pursuant to this

agreement are provided for the exclusive use of Client, and Client's agen ts and

employees for the ProJeCl and are not to be used or relied upon by th ird parties or in

connection with other proiects Subiect to the authorized use of Client, and Client's agents, and employees, all Instruments a1 Service, other written documents, all O'ig inal

data gathered by Consu ltant and work papers produced by Consultant in the

performance of or intrinsic to the Services included in the Services are, and shall remain,

the sole and exclusive property d Consultant unless otherwise speof1ed by the Client or

Consultant 1n the Consultant's Proposal.

FA~IAER I MO~GAN AlO C HU RCH s-RF T SUITE 2000 l ,ASHVl~lf ltNNESSEE )U l l • aBJ ~612 >6l ]

_J _j _J L FARMER I MORGAN

~[:~:~~ PLANNING DESIGN CONSlRUCllON

7 17 w w ,u I ,l r m (\ , m O r Cl J n C. O 1r1

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Documents that may be relied upon by Client are limited to the p ri nted copies (also known as hardcopies) that are signed or sealed by Consultant Files ,n electronic media forma t of text, data, graphics, or of other types are furnished by Consultant lo Client are only for convenience of Consultant and Client unless otherwise specified in the Consultant's Proposal. Data stored in electronic format can deteriorate or be mod1f ed inadvertently or otherwise and the Consultant shall be responsible to maintain documents stored In electronic media for a period until they may be delivered to the Client upon final invoice.

Consultant shall not be responsible for any alterations. mod1 fi:::ations, or additions made In the electronic data by the Client or any reuse of the electronic data by the Client or any other party for this Pro1ect or any other pro1ect without Consultant's written consent where applicable Client shall indemnify, and hold Consultant harmless against any claims, damages or losses ar,sing out d the reuse of the electronic data without Consultant's consent or arising out of

alterations, mod1'1cauons, or add1t1ons to the electronic data made by anyone other than Consultant

8. SAFETY Consultant will maintain a safety program for its employees Consultant speofically disclaims any authority or responsibility for general Job safety and for the

safety of persons who are not employed by Consultant.

9 Fl::LD PERSONNEL: The presence of Consultant's field personnel, either full-time or

part-time, may be for the purpose of providing project administration, assessment, observation as authorized by Client. Should Client retain the Services of an additional

consu ltant for the Project, Consultant is not responsible in any way whatsoever for the supervision or direction of the work of the additional consu ltant(s), i ts employees or

agents

10. INVENTIONS: Any and all Inven tIons or discoveries relating to the Services, including improvements and modifications to existing products or processes made o r conceived by Consultant or its employees during the term of this Agreement are and shall remain the sole and exclusive property of the Consultant

11 . REPRESENTATION OF CLIENT: Client warrants and covenan ts that sufficient funds are available or will be available upon receipt of Consu ltant's invoice to make payment in full for the Services rendered by Consultant. Client warrants tha t all information provided to Consultant regarding the Project and Project location are complete and accurate to the best of Client's knowledge.

~ A~M ER I V QRGAN 474 CHURC>◄ SI REET. SUITE 2000, N ,\SHVILLE TEN'lESSH 372 ' Z t 88< 5o 12 5623

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_l_J UL FARMER I MORGAN -·1 [-: 11 L PLANNING DESIGN coNsrnucrroN

7 . .::;:...,) L Nashville . TN l Pd:.eville, j TN Hunt':;ville, AL

7 - 1,7 - www f ar mermorg~ n {Om

17

12 SCOPE OF SERVICES AND EXCLUDED SERVICES Consullant's engagement under this Agreement includes only those Services specified in the Scope of Services Client

agrees it will not seek to hold Consu ltant responsib le and expressly waives any claim against Consu ltant for not performing additional services Lhat Client instructed

Consultant not to perform, not performing additional services that were not specifically

requested by Client and agreed to by bolh parties, and nol performing recommended

additional services that Client has not authorized Consultant to perfo rm. Add itional

services will be performed upon written approval al the standard hourly rate.

13 TERMINATION:

For Conven ience: Upon written notice, Client or Consu ltant may terminate the performance of any further Services included in this Agreement if the terminating

party determines terminalion is in the terminating party's interest. Upon receipt

of a termination notice by either party, Consu ltant shall stop work on all Services

included in this Agreement and deliver any Instruments of Service complete at

that time to Client and Client shall pay Consultant within th irty (30) days for all

Services performed up to the dispatch of receipt of the termination notice. If the

Instruments of Service cannot be reproduced by a separate Consultant for the

amount left on the contract then the Consul tant shall refund the appropriate amount to allow completion of the work in question by a separate entity. Upon

Termination for Convenience, Consultant and Client shall have no further rights or

remed ies other than those included in this paragraph

For Cause - In the even l of material breach of th is Agreement, the party not

breaching the Agreement may terminate it upon ten ( 10) days wri tten notice

del ivered or mailed to the other party, which notice must identify the material

breach The Agreement rnay nol be term inaled for cause if the breach ing party

cures the breach within ten ( 10) days o f receipl of the written notice Upon

Termina tion fo r Cause, Consullanl sha ll stop work on all Services included in this

Agreement and deliver any instruments of service complete at that time to Client

and Client shall pay Consultant within thirty (30) days for all Services performed

up to the terminalion. If the Instruments of Service cannot be reproduced by a

separate Consultant for the amount left on the contract then the Consu ltant sha ll

refund the appropriate amount to allow completion of the work in question by a separale entity. Upon termination for Cause, Consu ltant and Client shall have no

further rights or remed ies other than those included in this paragraph.

14 UNFORSEEN CONDITIONS OR OCCURRENCES: If, during the performance of

Services, any un foreseen rnaterial data issues, element or other unforeseen conditions or occurrences are encountered which, in Consultant's judgment, significantly affecls or rnay

affect the Services, the risk involved in providing the Services, or the recommended

FARMER I MORGl,N 424 CHURCH S-liEE T, SUITE 2000. NASHVILLE. TENNESSEE 37212 8 8< 56 12 5623

_J_J _J L FARMER I MORGAN

7[;1~ PLAI\N NG DESIGN C01'ST~UCTION

7 17 -- w ,., w f , t , ,n " , m o r g a r, c o rn

18

Scope o f Services, Consultant will promptly no tify Client. Sub sequent to that notifica tion,

Consultan t may· (a) If practicable, in Consu ltant's judgment and wi th approval of Client,

comp lete the orig inal Scope of Services in accordance with the procedures o riginally intended in the Proposal. (b) Agree with Client, compete lo modify the Scope of Services

and the estimate of charges to include the previously un'oreseen conditions or

occurrences, such revision to be in writing and signed by the parties and incorporated

into this Agreement; or (c} Terminate the Services effective on the date o f not1'1cauon

pursuant ot l'1e terms of TERMINATION FOR CONVENIENCE.

15. FORCE MAJEURE: Consu ltant shall not be deemed to be in default of this Agreement

to the extent that any delay o r failure in the performance of the Scope o f Wo rk results from any causes beyond its reasonable con trol. For this purpose, such acts o r events

shall include, but arc not limited to, storms, floods, unusually severe weather, epidemics,

civil disturbances, war, riot, strikes, lockouts or other industrial disturbances, and the inability within reasonab e diligence to supply personnel, equipment, information o r

material to the Pro1ect In the event that such acts or events occur, it is agreed that

Consultant shall attempt lo overcome all diff1culues arIsIng and to resume as soon as

reasonably possible the normal pursuit of the Services covered by this Agreement

16. INSURANCE Consultan t shall maintain at its own expenses the fo llowing insurance

subJect to normal industry exclusions· ( 1) Errors and Omissions Professional Liability

Insurance. Certifica tes sha ll be issued upon the Client's request and shall iden tify details

and limits of coverage

1 7 DISPUTE RESOLUTION· Consultant may, In Consultant's sole discretion, pursue

collection o f past due InvoIces by litigation In a court o f competent jurisdiction. Other

than Consultant's collection of past due invoices, in the event of a dispute between

Consultant and Client with regard to any matter arising out of o r related to th is

Agreement, the Parties will use their best efforts to resolve the d ispute amicably within

fifteen (15) calendar days. If the dispute cannot be settled amicably, the Parties agree

that the dispu te sha ll be subject to mediation 1f accordance with the mediation ru les of

the American Arbitration Association or sim ilar dispute resolution organiza tion if the

parties expressly agree. Except for collection actions by Consultant, mediation in good

faith shall be a condition precedent to the institution o' l1t19at1on by either party. Once a

party files a request for mcd1at1on with the other party and with the American Arb1tralion

Association, or similar dispute resolution organilatron, the parties agree to commence

such mediation within th irty (30) days o' filing of the request. The costs of such mediation sha ll be born equally by both Parties. If the dispute is not resolved after such mediation,

then the dispute shall be resolved by lit igation in a court d competer t jurisd iction with in

the Stale where the project is located.

FARMER I MORGMI •:• CHURCH ST•EET suI·t 2000 NASHVILLE - ENN::SSEE 37212 t sa• S6 ' 2 SoZJ

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_J_J _JL FARMER I MORGAN -rr--;1c 7 -~- L 71 7

PLI\N\JING 0i::SIGN CONSTRUCTlO1\

19

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18. CAPTIONS AND HEADINGS The captions and head ings in th is Agreement arc for

convenience and reference only, and the words contained therein sha ll in no way be held

or deemed to define, limit describe, modify, or add to the interpretation, construction, o r

meaning of any provision of or scope or intent of this Agreement

19 SEVERABILITY. If any provision of this Agreement, or application thereof to any person or

circumstance, shall to any extent be invalid, then such provision shall be mod1f1ed 1f

possible, to fulfill the intent of the parties as reflected in the original provision, the

remainder of this Agreement, or the application of such provision to persons or

circumstances other than those as to wh ich it is held invalid, shall not be affected thereby,

and each provision of this Agreement shall be va lid and enforced to the fu llest extent permitted by law.

20 ASSIGNMENT AND SUBCONTRACTORS· Neither party may assign this Agreemen t, 1n whole or in part, without the prior written consent of the other party, except for an

assignment of proceeds for financing purposes Consultant may subcontract for the

Services of others without obtaining Client's consent 1f Consultant deems 1t necessary or desirable to have others per'orm Services.

21. NO WAIVER No waiver by either party of any default by the other party 1n the

performance of any provision of this Agreement shall operate as o r be constructed as a wa iver of any f uturc default, whether like or d ifferen t 1n character.

22 LAW TO APPLY The val1d1ty, interpretation, and performance of this .l\greement shall be governed by and construed in accordance with the laws of the state where project 1s located.

23. TIME BAR. Not withstanding any applicable stale statute of repose or statute of

limitation, the Parties agree that all legal actions be either party against the other

concerning th is Agreement or the work performed in relation lo th is Agreement, will

become barred six (6) years from the time the party new or should have known of a cla im.

24 . REIMBURSABLE EXPENSES Reimbursable expenses include but shall not be limited to

transportation, accommodations, meals, long-distance communications, postage,

courier delivery, Microsoft Live Meeting charges, reproductions/printing, models, and

other expenses incurred by the Consultant in providing services to the Client The client

must approve all reimbursable expenses in writing with the exception of printing expenses. These expenses cannot exceed a slated budget if identified in the proposal/contract unless approved in wnti

c.:.RMER I MORt, .. r, ,,,. CHURC..; STREET. SUllE zcoo N/ISr•v LL:c TEN~ESSEE 37212 1 S~• 5612 56?3

_J _J _JL

~[:TE 717

CLIENT:

By:

FARMER I MORGAN PLANNING DESIGN CONSTRUCTION

Nashville, TN I P1ke ·.11l le , I 1 N Hun1svd l~ /\L

CONSULTANT HEREBY ADVISES CLIENT THAT CONSULTANT'S

PERFORMANCE OF THIS AGREEMENT IS EXPRESS SLY CONDITIONED ON

CLIENT'S ASSENT TO THE TERMS AND CONDITIONS DETAILED HEREIN.

ENTIRE AGREEMENT - This Agreement represents the entire understanding and

agreement between the parties hereto relating to the Services and supersedes

any and all prior negotiations, discussions, and /\greements, whether written or

oral, between the parties regarding same.

TO THE EXTENT that any additional or different Provisions conflict with the

Provisions of this Agreement, the Provisions of this Agreement sha ll govern No

amendment or mod1ficat1on to this Agreement or any waiver of any provisions

hereof shall be effective unless in writing, signed by both Parties.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be

executed by their duly authorized representative. Faxed or Digital Signatures

to be treated as o riginal signature.

City of Cleveland CONSULTANT: Farmer I Morgan

By:

Name: The Honorable, Kevin Brooks Name: Benjamin B. Farmer, Pr incipal -

Managing Partner

Date:

20 FAR•.1E'l 1 ,AORGAN 424 CHURCH STREET su,-E 2000. NASHVl,lE f(N'IESSEE 37212 88-1 5oll 5623

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TO:

FROM:

DATE:

RE:

SUMMARY:

City Council

AGENDAlTEM MEMORANDUM



January 28, 2019

Board/Committee Appointments

190 Church St., NE Cleveland, TN 37312 www.c levelandtn.gov

At the request of Mayor, attached is a draft application for your review.

The application is for residents interested in applying for an appointment to a City Board/Committee/Commission or Authority.

The applicant must comply with both the code of ethics ordinance and attendance ordinance.

COMMITTEE FINDINGS:

NIA

FISCAL ANALYSIS:


RECOMMENDATION:

Motion to accept application

APPOINTMENT POLICY SECTION I: SCOPE:

This Policy serves to provide procedures for the acceptance of names, interview process, selection, and appointment of citizens interested in serving on Boards and Committees which are appointed by the Mayor and City Council. This Policy is in place to assist the Mayor and City Council in making informed choices for Boards/ Committees.

SECTION Il: GENERAL:

A. RESmENCY: Unless legal requirements specify otherwise, all appointees shall be residents of the City of Cleveland, TN or meet the voter qualification requirements to vote in a City election, as set forth by election laws of the State of Tennessee or the Charter of the City of Cleveland. Any individual who is not a resident of the City of Cleveland and who does not meet the voter qualification requirements who is currently serving on a board or committee shall be allowed to complete their term of appointment. Any individual who is not a resident of the City of Cleveland and who does not meet the voter qualification requirements who is currently serving on a board or committee must be a City resident to be re-appointed to the board or committee. Any individual who is newly appointed to a board or committee after the effective date of this policy who thereafter ceases to be a resident of the City of Cleveland and no longer meets the voter qualification requirements specify otherwise. However, they shall not re-appointed to that board or committee after their term expires unless they meet the residency requirements set forth herein.

B. PUBLIC NOTICE OF OPENINGS: There will be a public notice of Board/ Committee seats which are being appointed posted in at least two (2) public places, and inserted in the local newspaper before July 1st (Boards & Committees) of each year. This notice will include both vacant and expiring positions . .

C. SUBMISSION OF CANDIDACY IN WRITING: Interested citizens must submit their candidacy by filing a Committee Appointment Application with the Mayor's office in order to be considered. The application is available at the City Clerk's Office, the Mayor's office, or at www.clevelandtn.gov. Current members seeking reappointment who desire to be appointed as regular members must also apply in writing.

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D. DATE 01' APPOlllTllDllT: Appointments will be made at a Council meeting.

B. 111'BXPIRBD TBRIIS: In an effort to expedite the filling or an early vacated seat, the Mayor/City Council may consider any applications currently on-me at the Mayor's office for appointment. Open positions will be filled only after announcing the vacancies at a Council meeting and advertising said vacancies on the City Website not less than a two-week period.

I'. LIIIITATIOR: It is the Council's goal to engage as many citizens as possible. If any one person could serve on every Board/Committee it would limit the opportunity for other citizens to seive. Therefore, no one person shall be appointed to serve on more than two (2) Boards and/or Committees at the same time.

G. OPEii POSfflOllS: The Mayor's office will keep a list of all open positions and expiring terms and make the City Council aware of these openings prior to the positions being filled.

SBCTIOR ID: APPOlllTIIBllT PROCBDURB:

A. BOARD/COIDIITTBB JIBIDIB1l APPOIIITIIBIIT:

1. All applicants interested in semng on a Board/ Committee will need to have the recommendation or non-recommendation from the Mayor upon their review of applicant's information. It is also recommended that they attend at least one Committee meeting before being considered by the City Council.

2. The application will be submitted to the City Council for review for City Council appointments. The City Council will be provided contact information for the applicant. Council members may contact the applicant if they have any questions for the applicant. The applicant's name will be placed on the Council agenda for appointment.

B. FACTORS FOR co•mBRATIOR:

1. C1JRRBllT : It is recommended that regular members who are performing satisfactorily be reappointed. In determining performance, the Mayor may contact the Chair and consider their comments in giving a recommendation when seeking appointment:

a. Attea4•nce: It is expected that the members understand the commitment required and attend meetings according to Ordinance 2007-39.

b. Bfl'mt: Members who have not made an effort to become knowledgeable about their duties, or who have failed to comply with State law or Cit;y ordinances should not be considered for reappointment.

c. Attltacle: While differences of opinion are anticipated and encouraged, and members must be allowed full voice, members are expected to be civil, and observe recognized rules or order and procedures. Members who are quarrelsome, disruptive, use their authority inappropriately, either on the Committee, or with other Town officials should not be considered for reappointment. Members must also comply with the Cit,y Code or Ethics.

C. 1'0TD1CATI011 OF ACCBPl'BD MBMBBRS: Candidates who have been appointed should be notified by the Mayor's office within five business days.

This Policy mq, from time to time, be amended by a meJority vote of the City Councll at a regularly scheduled Council meeting.

Effective Date: March 1, 2019

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BOARD/COMMITTEE/ AUTHORITY /COMMISSION APPLICATION

The City of Cleveland relies upon citizen participation on the various Boards and Commissions to help make Clcvcland a better place in which to live. This form is to help the Mayor and City Council select interested community members and guide them in the appointment process.

Please return the completed form to the City of Cleveland Attention: Office of the Mayor P.O. Box 1519 Cleveland, TN. 3734-1519 or by fax (423) 476-8931. If you have any questions, call (423) 559-3364.

You may use additional sheets if necessary. All information submitted is subject to public inspection. Meeting schedules subject to change or special call. Completed forms will be retained on file for a one-year period.

Name _____________ Daytime Phone _ ___ ___ ___ _

Address _____ _______________________ _

Email Address: _ ___ ___ _ _ _____ ___ _ ____ _ _ _ _

l. Do you live within the city limits? Yes _ _ No _ _ _

2. Are you or any family member employed by the City of Cleveland?

Yes No ___ If yes, expla in __ ______ ___ _ ___ _ _ _ _ _

3. Is any family member a member of a ny board or commission of the City of Cleveland? Yes ___ No __ _

If yes, explain _ _ _____________ _______ ___ _

4 . Do you work for or own a company that performs work. contracts with, or provides materials to Lhe City of Cleveland or any of its Boards or agencies? Yes _ _ No __ _

If yes, explain ____________ ______________ _

5. Occupation /Title _____ _ _ _ _ ______________ _

6. Please name the Boarcl(s)/Commission(sl on which you are interested in

7. Why do you wish to scn·e on this Board?

8. Please indicate any special skills or expertise you could bring to the Board.

9. Please list any community activities in which you have been involved.

I certify that I meet the qvaJifications and I am f@rniJiar with the purposes and terms or service of the respective board(s)/Cf\rnrnission(s) for which I wish to be considered.

My schedule will permit attendance to the regular meetings of the board(s)/cnmmiasion(a). Further, I will agree to take an oath of of&ce to be administered by the Mayor of the City of Cleveland.

I understand that I IDa.Y withdraw my name from consideration at any time prior to appointment upon notification to the Mayor.

Further, I agree, if appointed, to comply with the City's Code of Ethics and attendance requirements for boards, committees, authorities and commissions as adopted by the City of Cleveland, Tennessee.

Signature/Dam

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PLEDGE TO FOLLOW CODE OF ETHICS

Code of Ethics

(Adopted by Resolution No. 1287, January 9, 2006)

The Code of Ethics is intended to provide ethical guidelines for aty Board members,

employees and Board and Mayor-appointed Board and Commission membef5 that are

responsive to the public needs and preclude even the appearance of impropriety in the

performance of their duties.

All City Board members, employees and Board and Mayor-appointed Board and

Commission members have an obligation to conduct their official duties in a maMer that

serves the public interest, upholds the public trust and protects the City's resources. To

this end, uty Board members, employees and Board and Mayor-appointed Board and

Commission members have a responslbillty to:

Perform their duties to the very best of their abilities, treating the public and each other in

a courteous manner that fs fair and equitable, without regard to race, color, sex, age,

religion, national origin, disabUlty, political affiliation, or any other factor unrelated to the

impartial conduct of aty business.

Demonstrate integrity, honesty, and ethical behavior in the conduct of all City business.

Ensure that their personal interests do not come into conflict with their official duties,

resulting in a real conflict of interest or the appearance of a conflict of interest. This shalJ

apply to City Board members, employees and Board and Mayor-appointed Board and

Commission members when dealing w ith vendors, customers, and other individuals doing

business or seeking to do business with the City.

Ensure that they do not accept any gift, favor or thing of value that may tend to influence

the discharge of their dut ies, or grant any improper favor, service or thing of value in the

discharge of their duties.

Ensure that information concerning the property, government or affairs of the Oty is held

confidential, disclosed only with proper legal authorization, and never to advance the

financial or other special Interest of themselves or others.

Ensure that all Oty resources, including City funds, equipment, vehicles and other

property, are used in strict compliance with City policies and solely for the benefit of the

City. To ensure that city employees do not receive unauthorized or conflicting directives,

Individual Board members and Board and Commission members without supervisory

responsibilities shall not give direction to city employees and departments except as

directed by the majority of Board of Mayor and Aldermen to the Clty Administrator.

Avoid any behavior that could tan under the definitions of misconduct in Section 8.6 of the

City's Personnel Regulations.

Members of advisory boards, authorities and commissions shall not discuss, advocate, or

vote on any matter In which they have a conflict of interest or an interest which reasonably

might appear to be in conflict with the concept of fairness in dealing with public business.

A conflict of interest or a potential conflict of interest occurs if a member has a separate,

private, or monetary Interest, either direct or indirect, in any issue or transaction under

consideration. Any member who violates this provision may be subject to removal from

the board, authority or commission.

If the advisory board, authority, or commission member believes he/she has a conflict of

interest then that member should inform the advisory board, authority or commission that

they will abstain from that vote.

Any advisory board, authority or commission may seek the counsel of the advisory board,

authority or commission's legal counsel on questions regarding the Interpretation of these

ethics guidelines or other conflict of interest matters. The interpretation may include a

recommendation on whether or not the advisory board, authority or commission member

should excuse himself/herself from voting. The advisory board, authority or commission

member may request that counsel respond in writing.

I, __________________ _, if appointed, pledge to

comply with the City's Code of Ethics for advisory boards, authorities and

commissions as adopted by the City of Tullahoma, Tennessee.

Applicant's signature Date

Name (please print) _______________ _

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TO:

FROM:

DATE:

RE:

SUMMARY:

City Council



Shawn McKay, Assistant City Manager/CFO

January 23, 2019

Proposed Refunding of Debt



The City is proposing to refund $57 .3 million in general obligation bonds for both the City and Cleveland Utilities. The City has submitted a proposed plan of refunding to the Office of State and Local Finance and is waiting for the State's approval. If the state report is not received, the resolution will be presented at the February 11, 2019 meeting.

COMMITTEE FINDINGS:

No Committee or Board action.

FISCAL ANALYSIS:

As outlined in the Davenport presentation.

RECOMMENDATION:

City staff recommends approval of the resolution.

TO:

FROM:

DATE:

City Council




January 28, 2019

190 CJ)urch St., NE Cleveland, TN 37312 www.clevelandtn.gov

RE: Zoning Ordinance 2019-02- Rezoning of 3.61 acres on W. Inman St.

SUMMARY:

Consideration of a rezoning request by Theresa D. Evans for approximately 3.61 acres of property (described as Tax Map 49N Group D Parcel 11.00) located at 640 West Inman Street from PUD 18 Planned Unit Development Zoning District to CH Commercial Highway Zoning District.

COMMITTEE FINDINGS:

David May, Jr. made a motion to approve and Clark Taylor seconded the motion. Dee Burris rec used himself.

FISCAL ANALYSIS:


RECOMMENDATION:

A vote of 7-0 passed the motion. (Planning Commission Called Meeting 12-18-2018}.

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I MOVE THAT ZONING ORDINANCE NO: 2019-02 - REZONING 3.61 ACRES LOCATED AT 640 WEST INMAN STREET FROM PUD18 ZONING DISTRICT TO CH COMMERCIAL HIGHWAY ZONING DISTRICT: HERETOFORE APPROVED ON FIRST READING JANUARY 14, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 309 BE VOTED FOR PASSAGE ON FINAL READING.


BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, rezoned from PUD18 Planned Unit Development also known as "Greenway Gables" to CH Commercial Highway Zoning District.

Approximately 3.61 acres, more or less, located at 640 West Inman St as shown on the attached map.

For reference, see Book 2475 Page 551 in the Register's Office of Bradley County, Tennessee, and being shown on Tax Map 49N Group D Parcels 11.00 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.


Kevin Brooks, Mayor


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Exhibit

Consideration of a rezoning request by Theresa D. Evans for approximately 3.61 acres of property (described as Tax Map 49N Group D Parcel 11.00) located at 640 West Inman St from PUD18 Planned Unit Development Zoning District to CH Commercial Highway Zoning District. The Planning Commission considered a PUD ordinance for this property in June 2017 which was subsequently passed by the City Council. The prior zoning on the property consisted of CH Commercial Highway Zoning on approximately the front 170' from Inman St with the remainder of the property zoned MU Mixed Use. The properties to the north are also zoned MU and are used primarily for single family residential. The MU zone allows residential uses and various commercial uses including Pl and CG but not the CH uses by right. The property to the west of Mouse Creek, which fronts along Keith St is zoned CH and is partially used for an automobile sales facility.

The PUD ordinance, which is below beginning on page 54, facilitated the development of the site as a proposed trailhead for the Mouse Creek Greenway and an important connector of the greenway into downtown. The remainder of the property would be designated for various uses including commercial uses. Mouse Creek and Woolen Mill branch account for two of the three property lines and the site is also encumbered by large stream buffers and flood hazards. The PUD ordinance dealt with the unique features of the property and maximized the development to the highest and best uses. The images below show the general layout of the proposed development.

The applicant has stated they would like to develop a liquor store on the site. The liquor ordinance has been through a first reading at City Council and as it is written now provides that all stores must be located within the CH Zoning District. The ordinance also limits the total number of stores within the City to no more than 5. A full copy of the draft ordinance is shown below beginning on page 61. The second and final reading of the liquor store ordinance is scheduled for the January 14, 2019 City Council meeting. This meeting would also serve as the first reading and public hearing for this rezoning.

The property is difficult to develop under the current zoning standards and the existing PUD ordinance provides the greatest benefit to both the property owner and the City of Cleveland. Furthermore, the ability to select the location of liquor stores resides solely with the authority of the City Council. Therefore, staff is recommending that if the City Council wishes to allow a liquor store at this site then the liquor store ordinance be amended to permit stores within the PUD18 zone as described in Ordinance 2017-40.

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REZONING

FEE: S300.00

City of Cleveland Development & E11g1neerini: Servic~s

! SS 2nd StroP.t Ille

Clevoland, TN 373ll

PhoM: (,1Ul 479•19B f a,.. (41)) 559.3373

PUD REZONING SSOO for iha r.r,1 3 acres. pr.,, SS0.00 for nth ,ddilional atro or

ftJctfon chc,eof. $2,000 m;i~lmurn fee.

Applkant Information

Owner: / e(e;a., ... D ~Jfl_,1/; Address: / Ks ·3 /J (() e J,,'-<..k.. sJ

cJ J2.utl~1 , l ~ ·37 311

Location of Request

Address

Cleveland, TN

Tax ID Pam.•f. } f -'--'---

Request

Exist'"~ Zoning __ µ~U .......... u _____ _ Prcpo<..cd Zon ,r,ii,: C l-/-__ _:_ _____ _ A:ld1:io.~~, nfcrmatior-

/;J- ft· J f( __ _ CAfT

Date: 12/11/2018

Session ID: P121118

User Name: AMBER Group: Taxpayer Name: REZONING Location Name: REZONING Pennit

Receipt

Receipt#: 16-613

Jurisdiction: 001 City or Cleveland

Tran# Id Loe# Name Code

5328 999006 1

640 W INMAN STREET

THERESA EVANS

American Expr 2005

REZON

Total Remitted

Total Due

Change

Amount Due

$300.00

$300.00

$300.00

$300.00

$0.00

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TO:

FROM:

DATE:

RE:

SUMMARY:

City Council




January 28, 2019

Creation of Beer Permit



AMC theatre is requesting the creation of beer permit catagory for their theatre at Bradley Mall. The theatre business is evolving and changing with current movie trenda and it is becoming more common to allow beer sales at a theatre. They indicated this is important for a future upfit of their current theatre space.

COMMITTEE FINDINGS:

none

FISCAL ANALYSIS:

It would increase funds for City General Fund.

RECOMMENDATION:

City staff is recommending the approval of this item.

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I MOVE THAT ORDINANCE NO: 2019-05 - AMENDING TITLE 8, CHAPTER 2 TO ADD A NEW SECTION CONCERNING MOVIE THEATRES: HERETOFORE APPROVED ON FIRST READING JANUARY 14, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 322 BE VOTED FOR PASSAGE ON FINAL READING.

ORDINANCE NUMBER 2018-05

AN ORDINANCE TO AMEND TITLE 8, CHAPTER 2, SECTION 8-210 OF THE CLEVELAND MUNICIPAL CODE RELATIVE TO BEER PERMITS TO ADD A NEW CLASSIFICATION OF BEER PERMIT

WHEREAS, the City Council desires to amend Title 8, Chapter 2, Section 8-21 O of the Cleveland Municipal Code to create a new classification of beer permit to be called a movie theatre beer permit and to add a new subsection to be numbered 8-210(8) for this type of permit.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED, THAT:

Section 1. Title 8, Chapter 2, Section 8-210 of the Cleveland Municipal Code is amended by adding the following language to become a new subsection numbered 8-210(8):

8-210 (8). Movie Theatre Beer Permit

A Class 8 permit is a beer permit issued for the consumption of beer in a movie theatre as defined herein.

To qualify for a movie theatre beer permit, an establishment must meet the distance requirements contained elsewhere in this chapter, as well as the other general requirements imposed in this chapter, with the exception of those requirements explicitly imposed upon another particular class of beer permit only.

In order to qualify for a movie theatre beer permit under this subsection, the movie theatre must also meet all of the following requirements:

(a) the movie theatre must be located in a building which meets all of the requirements of the City of Cleveland's laws and ordinances, including, without limitation, the requirements of the City's building codes, fire codes, and the zoning ordinances of the City;

(b) the movie theatre must be located in permanent building of at least forty thousand square feet (40,000 sq. ft.), with a seating capacity of at least one thousand nine hundred {1,900) people, and containing at least ten {10) auditoriums with screens;

(c) the movie theatre must be a business in which motion pictures are exhibited to the public regularly for a charge:

(d) the movie theater shall regularly serve prepared food to patrons; and

(e) each auditorium in which beer may be consumed shall allow dining at each seat in the auditorium.

The movie theater shall periodically visually monitor all auditoriums in which beer sales are permitted, and each container of beer shall be distinct from any other container used to serve nonalcoholic beverages.

Prior to making a sale of any beer under a movie theatre beer permit, a valid, governmentissued document, such as a driver license, or other form of identification deemed acceptable to permit holder, shall be produced to the permit holder. The document must include a photograph and date of birth of the adult consumer attempting to make the beer purchase.

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Section 2. This ordinance shall take effect from and after its final passage, the public welfare requiring it.

Kevin Brooks, Mayor
