Cleveland City Council

p. 19 REGULAR SESSION FEBRUARY 8, 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, FEBRUARY 8, 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 and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Brian Moran, Social Media; Corey Divel, City Planner; City Reporter Randall Higgins; Teresa Torbett, CDBG Coordinator; School Board Members Dawn Robinson, George Meacham, Hal Taylor and Charles Cogdill; Pam Edgemon; Rufus Triplett; Dustin Tommey; Doug Caywood; Sandi and Savannah Martin; Jerome Hammond; Kay Horner; Larry Cockerham; Bob Renan; Brandon West; Roger Jenne; Ethan Nelson; Paul Leach with the Chattanooga Times Free Press; Gail Perry with Chattnoogan.com; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Kay Horner, who remembered the Robinson and Hayes family who have recently lost loved ones, 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 25, 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 Rita Sikes addressed the City Council concerning high crime in her neighborhood at 1840 nd 22 Street off Green Drive. Chief Gibson stated Officer Samples has been assigned to help Ms. Sikes with her concerns and would assign extra patrol in the area. Mayor Rowland stated today we are swearing-in two Police Officers to the Cleveland Police Department. He stated officers sometimes can be the first line of greeting someone in our community and you never get a second chance at a first impression. He reminded each officer that he, as well as the City Council and department managers support the police officers and wished them well and safety. Mayor Rowland then administered the Oath of Office to Police Officers Geoffrey Humberd and Michael McCant and welcomed them to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background of their qualifications and welcomed them to the department. Chief Gibson then recognized the promotion of Lieutenant Scott Bronze, Lieutenant Matt Jenkins and Sergeant Evie West and gave a brief background of their service with the City of Cleveland. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Frank Almazon to abandon an unopened section of 3rd St SE between Hill St SE and Sheeler St SE. The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the approval of the abandonment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the abandonment. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 20 REGULAR SESSION FEBRUARY 8, 2016 PAGE -2- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Lee University to abandon right-of-way along 6th St NE from Church St NE to Parker St NE, along 6th St NE from Parker St NE, Walker St NE, along 5th St NE from Parker St NE to Walker St NE, and along Trunk St from north of 680 Trunk St to the southern side of 490 Trunk St. The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the approval of the abandonment. Dr. Conn stated communities are at their best when taxpayer money is spent wisely and when they make decision to encourage private entities to develop and expand it helps the entire community. They look forward to the development around 56th Street. Twenty-nine years ago the Council decided to allow Lee to begin development the campus, all beginning with a little piece on Church Street. He thanked the City Council for their support over the years and seek approval of the recommendation. They commit to make sure they continue to develop in a way that works for the university and the citizens of Cleveland. Mayor Rowland thanked Dr. Conn for his dedication to the university. Rufus Triplett stated he was in support of the abandonment, especially for the portion close to his home near Ocoee and 6th Street. They are appreciative of what the university has done over the years. Councilman Banks stated he will pass on the vote because he did own property that was sold to Lee University but as a citizen he is in favor of the abandonment and the master plan of the area. He would like to see Lee cross over Inman Street and develop the old Whirlpool site. They have long range planning and is a shining star in our community. He would like to also see the City and Lee partner to look at a potential 3-story parking garage because it’s hard already to get a spot. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the abandonment. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone 4.76 acres located at Smith Dr & Cedar Ln from R2 Low Density Single & Multi-Family Residential Zoning District to R3 Multi-Family Residential Zoning District. The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated we have received the following letter from Mainstreet Cleveland concerning the Moore Building located at 266 Inman Street. p. 21 REGULAR SESSION FEBRUARY 8, 2016 PAGE -3- MINUTE BOOK 28 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie stated he would like to appoint Danny Chastain to the Citizen Advisory Committee for the new City Manager to represent District 1. Councilman Johnson asked for an update on the crosswalk at Lee University. Tommy Myers stated one light has been install and waiting on a part for another one. Cleveland Utilities upgraded the street light fixtures to LED. Councilman May stated his old home place is nearly in the center of the campus and his parents would be proud of what has been accomplished. He is extremely proud of the progress. Councilman Hughes stated his alma mater is Lee University and then was the athletic director for eleven years. Dr. Conn has had twenty-six years of a major building on the campus, something every year. Dr. Conn is a local boy and has tremendous motivation to do a good job for Cleveland. The sky is the limit and very proud of the accomplishments. Mayor Rowland stated we have industrial prospects all the time that ask to tour the campus and see what Lee University is all about. Councilman Banks stated he feels we need to hire one of the executive search firms that have been presented, but it doesn’t mean that we might not pick someone within city government or someone locally. It is important for the citizens to realize we are casting a large net. The Cleveland Daily Banner had a lengthy editorial encouraging the hiring of a firm and it will be money well spent. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2016-03 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of-way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right- of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: p. 22 REGULAR SESSION FEBRUARY 8, 2016 PAGE -4- MINUTE BOOK 28 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: “the unopened portion of 3rd St SE located between Sheeler St SE and Hill St SE” 2. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 3. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 4. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman Estes moved that Ordinance No: 2016-03 be approved on first reading. The motion was seconded by Councilman Johnson; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2016-04 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of-way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and p. 23 REGULAR SESSION FEBRUARY 8, 2016 PAGE -5- MINUTE BOOK 28 WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right- of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: 6th St and 5th St between Parker St and Walker St and a portion of Trunk St Beginning at the southeast corner of the lands of Lee University, as recorded in the BCROD deed book 1786 page 570, said point being the northeast corner of the intersection of Walker Street and 6th Street; thence north 61 degrees 15 minutes 4 seconds west, 207.50 feet to a point located at the northwest corner of 6th street and Trunk Street; thence north 30 degrees 29 minutes 28 seconds east, 167.43 feet to a point; thence crossing Trunk Street north 61 degrees 15 minutes 4 seconds west, 38.59 feet to a point in the western right of way of Trunk Street; thence south 30 degrees 31 minutes 35 seconds west; 167.43 feet to a point located at the northwest corner of 6th Street and Trunk Street; thence north 61 degrees 15 minutes 4 seconds west, 222.44 feet to a point located at the northeast corner of 6th Street and Parker Street; thence south 30 degrees 21 minutes 59 seconds west, 16 feet to a point located at the southeast corner of 6th Street and Parker Street; thence south 61 degrees 15 minutes 4 seconds east, 203.04 to a point located at the southwest corner of 6th Street and Trunk Street; thence south 30 degrees 31 minutes 35 seconds west, 204.70 feet to the northwest corner of 5th Street and Trunk Street; thence north 61 degrees 3 minutes 19 seconds west, 202.36 feet to a point at the northeast corner of 5th Street and Parker Street; thence south 30 degrees 22 minutes 11 seconds west, 15.82 feet to a point located at the southeast corner of 5th Street and Parker Street; thence south 61 degrees 3 minutes 19 seconds east, 202.29 feet to a point located at the southwest corner of 5th Street and Trunk Street; thence south 30 degrees 31 minutes 35 seconds west, 62.05 feet to a point; thence crossing Trunk Street south 60 degrees 58 minutes 21 seconds east, 37.93 feet to a point in the eastern right of way of Trunk Street; thence north 30 degrees 43 minutes 00 seconds east, 64.99 feet to a point located at the southeast corner of 5th Street and Trunk Street; thence south 60 degrees 58 minutes 11 seconds east, 209.81 feet to a point located at the southwest corner of 5th Street and Walker Street; thence north 30 degrees 11 minutes 36 seconds east, 16 feet to the northwest corner of 5th Street and Walker Street; thence north 60 degrees 58 minutes 11 seconds west, 210.14 feet to a point located at the northeast corner of 5th Street and Trunk Street; thence north 30 degrees 46 minutes 12 seconds east, 217.79 feet to a point located at the southeast corner of 6th Street and Trunk Street; thence south 61 degrees 15 minutes 4 seconds east, 207.64 feet to a point located at the southwest corner of 6th Street and Walker Street; thence north 30 degrees 11 minutes 36 seconds east, 16 feet to the point of beginning. 6th St between Church St and Parker St Beginning at the southwest corner of the lands of Lee University, as recorded in the BCROD deed book 2348 page 73, said point also being the northeast corner of the intersection of 6th Street and Church Street; thence south 59 degrees 45 minutes 47 seconds east, 396.26 feet to a point located at the northwest corner of 6th Street and Parker Street; thence south 30 degrees 18 minutes 39 seconds west, 16 feet to a point located at the south west corner of 6th Street and Parker Street; thence north 59 degrees 45 minutes 47 seconds west, 396.51 feet to a point located at the south east corner of 6th Street and Parker Street; thence north 31 degrees 12 minutes 43 seconds east, 16 feet to the point of beginning. p. 24 REGULAR SESSION FEBRUARY 8, 2016 PAGE -6- MINUTE BOOK 28 2. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 3. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 4. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman May moved that Ordinance No: 2016-04 be approved on first reading. The motion was seconded by Councilman Johnson. Councilman Estes declared his personal conflict, which does not affect his vote. Councilman Banks stated he will abstain on the motion due to the personal conflict. Upon roll call, Councilmen May, Johnson, McKenzie, Estes, Hughes and Vice Mayor Poe voted aye. Councilman Banks passed on the motion. The following Ordinance was then presented in full: Zoning Ordinance No. 2016-05 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, re-zoned from R2 Low Density Single and Multi-family Residential to R3 Multi-family Residential District. Approximately 4.7 acres, more or less, located at Smith Dr and Cedar Ln as shown on the attached map. For reference, see Book 2315 Page 164 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 57B Group K Parcel 1.01, 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. p. 25 REGULAR SESSION FEBRUARY 8, 2016 PAGE -7- MINUTE BOOK 28 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman Johnson moved that Zoning Ordinance No: 2016-05 be approved on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2016-06 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 8-210 of the Cleveland Municipal Code to create a new classification of beer permit to be called a special occasion beer permit and to add a new subsection to be numbered 8-210(5) 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(5): 8-210(5) - Special occasion beer permits In addition to the other types of beer permits provided for in this chapter, the beer board shall have the authority to issue a special occasion beer permit to a bona fide charitable, nonprofit or political organization for the sale, storage, dispensing, serving, distribution or manufacture of beer in the City of Cleveland for a temporary period of time. Such special occasion beer permit shall be issued for no longer than one (1) forty-eight hour period, and each permit shall be subject to the hours of sale which may otherwise be imposed by law or regulation, and each such permit must be issued in advance of its effective date. A special occasion beer permit shall only be valid for one specific location. No such charitable, nonprofit or political organization shall be eligible to receive more than three (3) special occasion beer permits in any one calendar year, measured from January 1 to December 31. p. 26 REGULAR SESSION FEBRUARY 8, 2016 PAGE -8- MINUTE BOOK 28 For the purposes of this section "bona fide charitable or nonprofit organization" means any corporation which has been recognized as exempt from federal taxes under § 501(c) of the Internal Revenue Code, or any organization having been in existence for at least three (3) consecutive years which expends at least sixty percent (60%) of its gross revenue exclusively for religious, educational or charitable purposes. For purposes of this section "bona fide political organization" means any political campaign committee as defined in Tennessee Code Annotated 2-10-102, or any political party as defined in Tennessee Code Annotated 2-13-101. A special occasion beer permit shall not be issued unless and until the applicant has submitted an application to the beer board for a special occasion beer permit. A special occasion beer permit holder shall not be subject to the annual privilege tax or application fee set forth in Title 8 of the Cleveland Municipal Code, but there is hereby imposed an application fee of Fifty dollars ($50.00) for applying for a special occasion beer permit, and all of the other provisions of this Chapter governing the issuance of a beer permit shall apply. The application for a special occasion beer permit shall set forth the following information: 1. The name of the organization seeking a special occasion beer permit; 2. The name, address, and telephone number, including cell number, of the chairperson of the organization seeking a special occasion beer permit; 3. The name, address, cell number and e-mail address of any person who will be selling beer on behalf of the organization seeking the permit. 4. The date(s) and time(s) when the special event or occasion will be held; 5. The hours which beer sales will be conducted during the event; 6. The specific location where the special occasion or event will be held, along with the survey required by Section 8-212 of the Cleveland Municipal Code; 7. A statement that the applicant is a charitable, nonprofit or political organization, including documentation showing evidence of the type of organization; and 8. If the special event or occasion covered by a special occasion beer permit will be held on land not owned by the applicant, a written statement of approval from the landowner must also accompany the application. A special occasion beer permit shall not be issued to allow the sale, storage, dispensing, serving, distribution or manufacture of beer on publicly owned property, except that the beer board may issue a special occasion beer permit to a bona fide charitable or nonprofit organization authorizing the sale of beer on public property after the City Council approves of the request and the applicant has applied for and received all other permits which may be necessary or required under the Cleveland Municipal Code, including by way of example, but not limited to, a street closure permit, an event permit, or a tent permit. Failure of the special occasion beer permit holder to abide by all of the conditions of the permit, and all of the laws of the State of Tennessee and ordinances of the City of Cleveland, shall preclude the permit holder from obtaining another special occasion beer permit for a period of one year, in addition to any other penalties that may be otherwise provided for by law. Section 2. This ordinance shall take effect from and after its final passage, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Ordinance No: 2016-06 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 27 REGULAR SESSION FEBRUARY 8, 2016 PAGE -9- MINUTE BOOK 28 Councilman May moved to reappoint Vice Mayor Poe and Councilman McKenzie to serve an additional term on the Economic Development Council. The motion was seconded by Councilman Hughes. Councilman Estes questioned the term limit for Council members. Mayor Rowland stated according to Mr. Farlow’s letter they can serve no longer than five years. Councilman McKenzie and Vice Mayor Poe both confirmed they have only served two years so far. Upon roll call, the motion unanimously passed. Mayor Rowland stated he is reappointing to the Planning Commission Walt Vineyard, Gary Dennis and Larry Presswood all to serve additional 3-year terms to expire January, 2019. Mayor Rowland stated his is also appointing Sherronda Thompson as a member of the Cleveland Housing Authority to serve the term of Sharon Westfield, who is retiring. Vice Mayor Poe moved to declare a 1998 New Holland 5635 with diamond mower attachment from Parks & Recreation as surplus property and to be sold on GovDeals.com with a minimum bid of $5,000. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman May moved to approve the Classification/Compensation Plan Schematic List of Classes by Grade and implementation of the recommended reclassifications upon approval of the Plan, with an estimated cost of $51,800 (including wages and fringe benefits for FY2016). The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Councilman May moved to approve the continuation of the 8.2% per grade promotion policy for future promotions. Staff also recommends that the Department Head, HR Director and City Manager review each promotion to insure that it does not create inequities in pay with relation to other employees in the department based on years of service, time in job, etc. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Vice Mayor Poe moved to appoint the following to the Citizen Advisory Committee for new City Manager: Scott Taylor representing Vice Mayor Poe, At-Large; Beverly Johnson representing Councilman Banks, At-Large; Danny Chastain representing Councilman McKenzie, District 1; Donald Humes representing Councilman Estes, District 2; Joe Cate representing Councilman Johnson, District 3; Roger Jenne representing Councilman May, District 4; Erwin Lowe representing Councilman Hughes, District 5. The motion was seconded by Councilman Johnson; and upon roll call, unanimously passed. Councilman Banks moved that Randall Higgins be the communications person to accumulate all the emails, addresses and cell phone numbers of these seven members and to be given to the facilitator Larry Wallace and for him to advise us of on-going discussions. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman Estes moved to employ one of the seven executive search firms that submitted a qualification packet for a new City Manager. The motion was seconded by Councilman Banks. Upon roll call, Councilmen Estes, Banks, Johnson, May, Hughes and Vice Mayor Poe voted aye. Councilman McKenzie voted no. The motion passed 6:1. The following Resolution was then presented in full: RESOLUTION NO: 2016-11 WHEREAS, Stanley M. Thompson, Assessor of Property, has recently notified the City of Cleveland, Tennessee, that a change has been made in the 2014 personal property taxes assessed to B J's Auto Sales; and p. 28 REGULAR SESSION FEBRUARY 8, 2016 PAGE -10- MINUTE BOOK 28 WHEREAS, a copy of the Assessor’s notice to the City is attached hereto and incorporated herein by reference; and WHEREAS, as a result of the notice from the assessor's office, this taxpayer is entitled to a refund for the overpayment of its 2014 personal property taxes; and WHEREAS, the parcel of personal property is generally identified as Map 057L, Group J, Parcel 008.00P SI 000 (2014 Receipt Number 813900); and WHEREAS, this taxpayer has been determined by the Assessor’s office to be entitled to a tax refund of $362.00 for 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Clerk be, and hereby is, authorized to refund to B J's Auto Sales the sum of $362.00 for the overpayment of its 2014 personal property taxes. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Johnson moved that Resolution No: 2016-11 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman May moved to wait 90 days before anything is done to the Moore Building at 266 Inman Street while Mainstreet Cleveland is looking for grant options. The motion was seconded by Councilman Estes. Upon roll call, Councilmen May, Estes, Johnson, Hughes, McKenzie and Vice Mayor Poe voted aye. Councilman Banks passed on the motion because he is friends with the Moore family and he believes the family initially thought that this would be a parking lot named after John Moore. The motion passed 6:0:1. Mayor Rowland stated we need a decision on a search firm. Councilman Banks stated he was impressed with Strategic Government Resource out of Keller, TX and Mercer Group, Inc. out of Santa Fe, NW. Councilman Estes stated his first choice is the Mercer Group, Inc. and Strategic Government Resource but Mercer Group was almost $10,000 lower and gave us Tennessee references. Councilman Banks stated he was impressed with their timeline. Councilman Banks moved to employ the Mercer Group, Inc. from Santa Fe, NM for the executive search firm for a new City Manager for a total fee of $16,500 [plus not-to-exceed expenses of $8,000]. The motion was seconded by Councilman Estes. He continued they have helped Oak Ridge, Whitehouse and Bristol. Upon roll call, Councilmen Banks, Estes, Johnson, May, Hughes and Vice Mayor Poe voted aye. Councilman McKenzie voted no. The motion passes 6:1. Councilman Banks then asked that a copy of the proposal be sent to the Citizen Advisory Committee for review. Councilman Estes stated he felt the number of applications that the committee receive from Mercer Group be approximately 10-12 or how many they feel are qualified and out of that they bring us 5 or more applicants. He then asked that the Mercer Group review all the job descriptions that they’ve received and help write the job description. There being no future business the meeting was adjourned at 4:06 p.m. _________________________________ ______________________________ Mayor City Clerk