Cleveland City Council

p. 58 REGULAR SESSION MARCH 28, 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, MARCH 28, 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 Charlie McKenzie, Bill Estes, 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/City Clerk Shawn McKay; City Attorney John Kimball; Sue Zius, Assistant to the Mayor/Legislative Liaison; 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; City Reporter Randall Higgins; School Board Members Hal Taylor, George Meacham and Charles Cogdill; Pam Edgemon; Larry Armour; Floyd Chastain; Tom Cassada; Gary Farlow and Doug Berry with the Chamber of Commerce; Antoinette Miles from The Caring Place; Paul Leach with the Chattanooga Times Free Press; Gail Perry with Chattanoogan.com; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Antoinette Miles, 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 March 14, 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 Chief Gibson and Mayor Rowland introduced the new Police Department Canine Officers Rocco, Aries and Max, all who have been used in the field already. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Bid Report – Fork Lift for Fleet MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda Carroll DATE: March 22, 2016 SUBJECT: Clark – 8,000 lb. Forklift The Public Works Department would like to purchase a Clark 8,000 lb. Pneumatic tire LPG Forklift. The City staff will use this piece of equipment for various projects at the fleet facility. The forklift will be purchased through GSA Advantage (General Services Administration) at a cost of $31,867.51, as shown on the attached document from Clark Material Handling Company. I respectfully request the City Council approve the recommendation from myself and Tommy Myers, Director of Public Works. p. 59 REGULAR SESSION MARCH 28, 2016 PAGE -2- MINUTE BOOK 28  Resolution No: 2016-29 – 2015 Tax Refund; JC Penney Corp. ($510.00). RESOLUTION NO: 2016-29 WHEREAS, Stanley M. Thompson, Assessor of Property, has recently notified the City of Cleveland, Tennessee, that a change has been made in the 2015 personal property taxes assessed to JC Penny Corp Inc. #2494-3; and 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 2015 personal property taxes; and WHEREAS, the parcel of property is generally identified as Map 034, Parcel 064.03P SI 041 (2015 Receipt Number 809595); and WHEREAS, this taxpayer has been determined by the Assessor’s office to be entitled to a tax refund of $510.00 for 2015. 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 JC Penny Corp Inc. #2494-3 the sum of $510.00 for the overpayment of its 2015 personal property taxes. Approved as to form: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-30 – Authorizing the Mayor to sign a contract amendment with TDOT for interchange modifications of I-75 at Exit 25 (Placing retaining wall funding in MPO; 80/20). RESOLUTION NO. 2016-30 WHEREAS, the City has received the attached contract amendment from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Interchange Modification of I-75 Interchange at SR-60 Agreement Number: 130081 Project Identification Number: 115777.00 State Project #: 06001-3177-44 Federal Project #: IM/NH-75-3177-44 WHEREAS, the purpose of this amendment is to attach a new "Exhibit A" to the agreement which will have the effect of ultimately lowering the City's match for the project because the City will be seeking U-STP reimbursement from TDOT for 80% of its $100,000 share of the retaining wall improvement; and WHEREAS, the City Council desires to enter into the attached contract amendment with TDOT including the new "Exhibit A", and to further authorize the Mayor to execute this contract amendment on behalf of the City of Cleveland. p. 60 REGULAR SESSION MARCH 28, 2016 PAGE -3- MINUTE BOOK 28 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 with TDOT with the new "Exhibit A" 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 28th day of March, 2016. Approved as to form: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-31 – Authorizing the Mayor to submit an application to the Volunteer Energy Cooperative for the 2016 VECustomers Share Grant Program (Purchase of 2 Haz Mat Area Rae Monitors for the Fire Dept). RESOLUTION NO: 2016-31 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2016 VECUSTOMERS SHARE GRANT PROGRAM WHEREAS, the City Council of the City of Cleveland, Tennessee desires to improve local health and safety of firefighters of the Cleveland Fire Department; and BE IT THEREFORE RESOLVED by the City Council that the Mayor be and hereby is authorized to submit an application, including all the understandings and assurances contained therein, to the Volunteer Energy Cooperative for the VECustomers Share Grant program funding. Said grant funding shall be used to purchase two Haz Mat Area Rae Monitors. The total cost of the project will be $8,000.00 which does not require matching funds by the City of Cleveland. If said grant is approved and the Mayor is hereby designated as Cleveland’s representative to act in connection with the application and to provide additional information as may be required; BE IT FURTHER RESOLVED that the City of Cleveland agrees to provide all necessary documentation required to complete the grant application. Adopted this 28th day of March, 2016 Approved as to form: /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 Banks, who then asked if Public Works currently had a fork lift. Mr. Myers responded yes, but it is worn out. Upon roll call, the motion unanimously passed. p. 61 REGULAR SESSION MARCH 28, 2016 PAGE -4- MINUTE BOOK 28 UNFINISHED BUSINESS The following Ordinance was then presented in full: ORDINANCE NO. 2016-07 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: 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: A tract of land situated in the Second Civil District of Bradley County, Tennessee being a portion of the 40’ right-of-way of Stone Lake Road and being more particularly described as follows: Beginning at point, said point being a concrete monument found on the southern right- of-way of State Highway #40 thence, leaving said right-of-way of Highway #40, South 00 deg. 21 min. 32 sec. East, a distance of 21.32 feet to an iron rod set, also being on the northern right-of-way of Stone Lake Road originally known as Pleasant Grove Road; said point being the POINT OF BEGINNING thence continuing across said right-of-way of Stone Lake Road South 0 deg. 28 min. 22 sec. West, a distance of 40.43’ to an iron rod set, said point also being located at point of intersection of the southern right-of-way of Stone Lake Road, the southern right-of-way of State Highway #40; thence continuing in a southwesterly direction along the southern right-of-way of Stone Lake Road in a curve to the left having a radius of 220 feet, an arc length of 17.92 feet, being subtended by a chord bearing of South 84 deg. 47 min. 34 sec. West a distance of 17.91 feet; thence continuing with and along the southern right-of-way of said road in a curve to the left having a radius of 1,417.15 feet, an arc length of 206.55 feet, being subtended by a chord bearing of South 78 deg. 17 min. 03 sec. West a distance of 206.37 feet; thence continuing with and along the southern right-of-way of said road in a curve to the left having a radius of 3,165.64 feet, an arc length of 257.95 feet, being subtended by a chord bearing of South 71 deg. 46 min. 27 sec. West a distance of 257.88 feet; p. 62 REGULAR SESSION MARCH 28, 2016 PAGE -5- MINUTE BOOK 28 thence continuing with and along the southern right-of-way of said road in a curve to the left having a radius of 23,167.61 feet, an arc length of 223.91 feet, being subtended by a chord bearing of South 69 deg. 09 min. 47 sec. West a distance of 223.91 feet; thence continuing with and along the southern right-of-way of said road in a curve to the right having a radius of 819.94 feet, an arc length of 150.13 feet, being subtended by a chord bearing of South 74 deg. 07 min. 53 sec. West a distance of 149.92 feet; thence continuing with and along the southern right-of-way of said road in a curve to the right having a radius of 279.05 feet, an arc length of 144.79 feet, being subtended by a chord bearing of North 85 deg. 45 min. 33 sec. West a distance of 143.17 feet; thence continuing with and along the southern right-of-way of said road in a curve to the right having a radius of 848.19 feet, an arc length of 110.56 feet, being subtended by a chord bearing of North 67 deg. 09 min. 40 sec. West a distance of 110.48 feet; thence continuing with and along the southern right-of-way of said road North 63 deg. 25 min. 37 sec. West a distance of 148.43 feet to a point; thence continuing with and along the southern right-of-way of said road in a curve to the right having a radius of 743.08 feet, an arc length of 74.61 feet, being subtended by a chord bearing of North 60 deg. 33 min. 03 sec. West a distance of 74.57 feet; thence continuing with and along the southern right-of-way of said road North 57 deg. 40 min. 26 sec. West a distance of 788.09 feet to a point; thence continuing with and along the east right-of-way of I-75 North 56 deg. 46 min. 49 sec. East a distance of 43.94 feet to a point; said point being in the north right-of-way of Stone Lake Road. thence continuing with and along the northern right-of-way of said road South 57 deg. 40 min. 26 sec. East a distance of 769.90 feet to a point; thence continuing with and along the northern right-of-way of said road in a curve to the left having a radius of 703.08 feet, an arc length of 70.59 feet, being subtended by a chord bearing of South 60 deg. 33 min. 03 sec. East a distance of 70.56 feet; thence continuing with and along the northern right-of-way of said road South 63 deg. 25 min. 37 sec. East a distance of 808.19 feet to a point; thence continuing with and along the northern right-of-way of said road in a curve to the left having a radius of 808.19 feet, an arc length of 105.34 feet, being subtended by a chord bearing of South 69 deg. 09 min. 40 sec. East a distance of 105.27 feet; thence continuing with and along the northern right-of-way of said road in a curve to the left having a radius of 239.05 feet, an arc length of 124.03 feet, being subtended by a chord bearing of South 85 deg. 45 min. 33 sec. East a distance of 122.65 feet; thence continuing with and along the northern right-of-way of said road in a curve to the left having a radius of 779.94 feet, an arc length of 142.80 feet, being subtended by a chord bearing of North 74 deg. 07min. 53 sec. East a distance of 142.60 feet; thence continuing with and along the northern right-of-way of said road in a curve to the left having a radius of 23,207.61 feet, an arc length of 224.30 feet, being subtended by a chord bearing of North 69 deg. 09 min. 47 sec. East a distance of 224.30 feet; thence continuing with and along the northern right-of-way of said road in a curve to the right having a radius of 3,205.64 feet, an arc length of 261.21feet, being subtended by a chord bearing of North 71 deg. 46 min. 27 sec. East a distance of 261.14 feet; p. 63 REGULAR SESSION MARCH 28, 2016 PAGE -6- MINUTE BOOK 28 thence continuing with and along the northern right-of-way of said road in a curve to the right having a radius of 1457.15 feet, an arc length of 212.39 feet, being subtended by a chord bearing of North 78 deg. 17 min. 03 sec. East a distance of 212.20 feet; thence continuing with and along the northern right-of-way of said road in a curve to the right having a radius of 260.00 feet, an arc length of 22.93 feet, being subtended by a chord bearing of North 84 deg. 59 min. 11 sec. West a distance of 22.92 feet; to a point said point being the POINT OF BEGINNING and containing 1.93 acres more or less. 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. Approved as to form: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B Councilman May moved that Ordinance No: 2016-07 be approved on first reading. The motion was seconded by Councilman Johnson; and upon roll call, unanimously passed. p. 64 REGULAR SESSION MARCH 28, 2016 PAGE -7- MINUTE BOOK 28 Councilman Estes moved that Ordinance No: 2016-08 – heretofore passed on first reading March 14, 2016 and found in Minute Book 27, Page 54; amending Title 5 of the Municipal Code to add a new chapter and section relative to the Health and Educational Facilities Board and the approval process for payment in-lieu of tax agreement for tax credit housing projects be approved on final reading. The motion was seconded by Councilman Johnson. Upon roll call, Councilmen Estes, Johnson, May, Hughes, Banks and Vice Mayor Poe voted aye. Councilman McKenzie voted no. The motion passed 6:1. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie asked for speed reduction is the following locations: Jacobs Street, Victory Street, Blackburn Road and in the 400 block of Grove Avenue NW. School Board Member Charles Cogdill read an article from the paper, which praised the Cleveland High School Science Wing. Councilman Estes thanked Code Enforcement for their monthly reports on open cases. He asked that future reports be sorted by address. Councilman Johnson thanked Mr. Myers for the four-way stop sign at 17th and Hardwick. He then asked for an update on the study at Paul Huff near the Target entrance. Mr. Myers stated Cannon and Cannon is currently working on the study. Mayor Rowland asked that the City Manager position also be advertised in the Town and City publication. ANNOUNCEMENTS Mayor Rowland announced the Budget Planning Session will be held April 11 at 8:30 a.m. Councilman Banks stated this will be Ms. Casteel’s last budget planning session and asked what could be expected. Ms. Casteel stated we will be discussing no tax increase and continued services to our citizens. Councilman May stated it is going to be pretty quick meeting. Ms. Casteel stated yes. There being no future business the meeting was adjourned at 3:20 p.m. _________________________________ ______________________________ Mayor City Clerk