Cleveland City Council

p. 15 REGULAR SESSION JANUARY 25, 2016 3:00 P.M. MINUTE BOOK 28 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JANUARY 25, 2016 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Councilmen Bill Estes, Charlie McKenzie, Avery Johnson, David May, Jr., Dale Hughes, Richard Banks and Vice Mayor George Poe. Others in attendance according to the sign-in sheet were as follows: City Manager Janice Casteel; Assistant City Manager Melinda Carroll; Finance Director Shawn McKay; City Attorney John Kimball; Sue Zius, Executive Assistant; Beverley Lindsey, Executive Secretary; Christy Bryant, Support Services Manager, Fire Chief Ron Harrison; Jonathan Jobe, Director of Development and Engineering; Public Works Director Tommy Myers; Parks and Recreation Director Patti Petitt; Police Chief Mark Gibson; Mark Fidler, Jetport Manager; Ken Webb with Cleveland Utilities; Bethany McCoy with Lee University; Brian Moran, Social Media; Corey Divel, City Planner; Edward and Sandra Johnson; City Reporter Randall Higgins; Teresa Torbett, CDBG Coordinator; Director of Schools Dr. Martin Ringstaff; Pam Edgemon; Paul Leach with the Chattanooga Times Free Press; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Johnson, the following business was then entered into: WAIVE READING OF MINUTES Councilman Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on January 11, 2016 and approve them as written. The motion was seconded by Councilman May; and upon roll call, unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning the application for a certificate of public convenience and necessity for a taxi cab permit request by William Franklin Honey, Jr. at 280 Burdette Chapel Lane, Birchwood, TN (Speedy Cab). The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the application. Mr. Honey stated he would like to offer a bit more public service for the community. He has been a taxi cab driver he sees there is a need after hours in the community. He will be operating 24 hours 7 days a week. He will have a location at 880 25th Street. Mayor Rowland asked if anyone would like to speak in opposition to the approval of the application. Ms. Margaret Paige with A&K Cab stated Mr. Honey is taking business from their company. He is a former employee and was terminated. Now, he is trying to take their business and close them down. Mayor Rowland stated back ground checks will be completed by the police department and we didn’t need to get into specifics of why he was terminated. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated we have received a letter from TDOT concerning the ashlar finish on the wall at Exit 25. They have agreed to fund at 50/50 at an estimated cost of $198,000. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Final Passage - Zoning Ordinance No: 2016-01– heretofore passed on first reading January 11, 2016 and found in Minute Book 28, Page 8; rezoning 24.6 acres located on Kile Lane SW from R3 Multi-family Residential Zoning District to IL Light Industrial Zoning District (Planning Commission: Planning Commission: Approved 8:0; 1 member absent).  Final Passage - Ordinance No: 2016-02 – heretofore passed on first reading January 11, 2016 and found in Minute Book 28, Page 9; amending the FY2016 Budget. p. 16 REGULAR SESSION JANUARY 25, 2016 PAGE -2- MINUTE BOOK 28  Resolution No: 2016-08 – Authorizing the Mayor to sign an MOU with the 10th Judicial Drug Task Force. RESOLUTION NO. 2016-08 WHEREAS, the Cleveland Police Department has been contacted by the 10th Judicial District Drug Task Force (hereafter "DTF"), and the DTF has requested that the City of Cleveland, through the Cleveland Police Department, enter into the attached Memorandum of Understanding (hereafter "MOU") with the DTF; and which WHEREAS, the MOU generally provides that the Cleveland Police Department will provide certain personnel to work in cooperation with the DTF; and WHEREAS, the Chief of Police is recommending to the City Council that the City enter into this MOU with the DTF; and WHEREAS, the City Council desires to approve of the MOU with the DTF; and WHEREAS, the City Council further desires to authorize the Mayor and the Chief of Police to execute the MOU 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 MOU between the City of Cleveland and the DTF. BE IT FURTHER RESOLVED that the Mayor and the Police Chief are hereby authorized to execute the MOU with the DTF. [on file in the City Clerk’s Office.] /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-09 – Supporting an application to the Tennessee Historical Commission for a National Preservation Grant. RESOLUTION NO: 2016-09 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE HISTORICAL COMMISSION FOR A NATIONAL PRESERVATION GRANT WHEREAS, The National Park Service has made funding available through the Tennessee Historical Commission for the Historic Preservation Grant Program; and WHEREAS, the Historic Preservation Grant Program makes funding available for redevelopment and rehabilitation of properties with a public benefit which are listed on the National Registry of Historic Places; and WHEREAS, the City of Cleveland was recently approved by the Department of the Interior in conjunction within the Tennessee Historical Commission as a Certified Local Government Program; and WHEREAS, participation in the Certified Local Government program provides an advantage in making awards to the Historic Preservation Grant; and p. 17 REGULAR SESSION JANUARY 25, 2016 PAGE -3- MINUTE BOOK 28 WHEREAS, the Cleveland Public Library has historic resources which are in need of rehabilitation and are eligible to receive Historic Preservation Grant funding; and WHEREAS, The Cleveland Public Library can provide the 40% matching funds required for the Historic Preservation Grant program; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby: 1. Authorize the Mayor to submit an application on behalf of the City of Cleveland to the National Preservation Grant through the Tennessee Historical Commission for the rehabilitation of historic resources at the Cleveland Public Library. 2. Commit the staff resources to meet the obligations necessary to complete the project. 3. Request that staff work within the guidelines of the program and coordinate additional resources which can be leveraged to support the success of the program. Approved this 25th day of January 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2015-10 – Authorizing the Mayor to sign contract amendment 2 with TDOT for the Ocoee Greenway connector project. RESOLUTION NO. 2016-10 WHEREAS, the City has received the attached contract amendment number 2 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Ocoee Greenway Connector Agreement Number: 130195 Project Identification Number: 118516.00 State Project #:06LPLM-F1-054, 06LPLM-F2-055, 06LPLM-F3-044 WHEREAS, the City Council desires to enter into the attached contract amendment number 2 with TDOT, and to further authorize the Mayor to execute this 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 TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 25th day of January, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Poe moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. p. 18 REGULAR SESSION JANUARY 25, 2016 PAGE -4- MINUTE BOOK 28 Vice Mayor Poe moved to approve a certificate of public convenience and necessity for a taxi cab permit request by William Franklin Honey, Jr. at 280 Burdette Chapel Lane, Birchwood, TN (Speedy Cab). The motion was seconded by Councilman McKenzie. Councilman Estes asked if Uber was regulated by the State. Ms. Casteel stated there are no regulations as far as she is aware. Councilman Estes asked for clarification of the motion. Ms. Casteel stated it is simply approval of a certificate, then it will be investigated by the police department. Basically, you’re saying you welcome competition amongst cab companies and you believe Cleveland can support another cab company. Mr. Kimball explained the process and the additional permits he will have to apply for, which subjects him to background checks, certain insurance and inspection of the vehicles. Councilman Hughes stated this was a 24 hour operation. Mr. Honey stated yes. We currently do not have a 24 hour service in the community. Upon roll call, the motion unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Poe asked for an update of the visibility complaint on Dalton Pike he turned in. Ms. Carroll stated staff is working on it and should have an update mid-week. Councilman May moved to form a pre-screening committee of seven members with a nominee from each district to review applications for the City Manager position, Larry Wallace be the facilitator of the committee and everyone report back at the next meeting with their recommendation of a committee member for their district. The committee will see all applications and sort through them. Vice Mayor Poe stated he felt the Council should see all the applications. Councilman Banks stated the Council could nominate someone not even picked by the committee. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman May moved to request RFQ’s from headhunter firms by the next meeting. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Hughes stated he didn’t want to discourage any local people who would like to apply for the City Manager position. Councilman Banks complimented Ms. Casteel and staff for putting together the Strategic Plan and looks like we have a lot of work to do. Hopefully, the change in administration will not be too difficult. Councilman Hughes stated he is thankful Ms. Casteel will be in town if we need her assistance. NEW BUISNESS AND ORDINANCES Vice Mayor Poe moved to reconvene the Code Enforcement Committee to meet to discuss what they have done so far and look at possible changes. The motion was seconded by Councilman May. Councilman Banks stated there are many codes on the books that might need to be revisited. Many seem obsolete. Vice Mayor Poe stated Joel Prince has been working on a proposal and some other things that need to be discussed. He also encouraged everyone to stop in and see the Code offices. Upon roll call the motion unanimously passed. Mayor Rowland stated we have a motion for an Attorney General’s opinion on the Hotel/Motel tax. Councilman Banks moved to request an opinion from the Attorney General on whether or not the present structure and vision of the Hotel/Motel tax is subject to change so that city taxpayers and the properties located in the City and those businesses and are not taxed without representation in the future. Maybe let Mr. Kimball work on the wording. The motion as seconded by Councilman May; upon roll call, unanimously passed. Councilman Hughes stated he is a hotel owner and understands the conflict but voting for the motion because there are twenty-two other hotels involved besides his. There being no future business the meeting was adjourned at 3:33 p.m. _________________________________ ______________________________ Mayor City Clerk