Cleveland City Council

p. 97 REGULAR SESSION APRIL 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, APRIL 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 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; Captain Stacy Smith; Mark Fidler, Jetport Manager; Kris Miller, IT Director; Kim Spence, Risk, Safety and Wellness Manger; Ken Webb with Cleveland Utilities; Brian Moran, Social Media; City Reporter Randall Higgins; Pam Edgemon; Larry Bryant; Bethany McCoy with Lee University; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Paul Davis, 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 April 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 Floyd Chastain addressed the City Council about safety concerns and feels that all traffic lights in Cleveland need crosswalks for the public. Mr. Chastain submitted a letter and has been forwarded to staff for review. Mayor Rowland spoke of a new type of rotating car parking system that could be a possibility in the future. Larry Wallace updated the City Council on the status of the City Manager Selection Committee. At tomorrow’s meeting Mr. Mercer and the committee will review and discuss their scores of the 62 applicants and at the end of the day they will have approximately seven candidates to video conference on Friday, April 29 at Lee University. At the end of Friday we will have a vote on the number of candidates to submit to the City Council for review. Mayor Rowland stated a photo of the committee would be good, for history and to place on the website. Councilman Banks clarified when the video conferencing would take place. Mr. Wallace responded Friday, April 29. Councilman Banks then asked if it would be possible to record the interviews for everyone to see, including the public, who are unable to attend. Kris Miller stated he should be able to and will get with Lee University. Mr. Wallace stated they will start at 9:00 a.m. and take about 30 minutes with each candidate, with breaks in between. Councilman Banks asked if any local people are in top seven how will interviews be handled. Mr. Wallace stated if any locals are in the seven candidates they will also have a video conference to treat everyone the same. Councilman Banks stated the seven member committee has a scoring card that was created by MTAS and Mr. Mercer. Mr. Wallace stated it is a combination of the committee, MTAS and Mr. Mercer. Also, there will be additional scoring on Friday. Councilman Banks stated he is asking so everyone can see how the process worked. Mr. Wallace stated it has been the same for all who have applied, they can get a maximum number of points, which is 280 then those that reach the video conference will have additional scores. Each member signs their individual score sheet and the group comes together to discuss the scores. In the beginning, candidates are separated into three groups by Mr. Mercer, qualified, marginally qualified and not qualified. It does not mean that a member of the committee cannot give someone not qualified a higher score. Mr. Mercer has worked with some of the individuals and will share what he knows p. 98 REGULAR SESSION APRIL 25, 2016 PAGE -2- MINUTE BOOK 28 about them with the committee. Councilman Banks stated it is important to note all this has been fully open to the public. Mr. Wallace stated the press has attended every session, it has been open to the public and transparent. Mayor Rowland stated you have given a report to the City Council at every meeting. Mayor Rowland the following letter has been received from Chairman Alford concerning a non-city resident being on the Utility Board. Mayor Rowland feels that person would not have the responsibility to pay back bonds or financial investments of the utilities as city residents have. Everyone on the board now is a Bradley county resident. Ken Webb stated that is a Council decision, since they created the Board. He also feels we have a very effective Utility Board in place. Councilman Banks stated we have residency requirements to serve on any city board or committee. Mr. Kimball stated yes and the specifics of the Utility Board requires members to be city residents, which has been there since it was created. p. 99 REGULAR SESSION APRIL 25, 2016 PAGE -3- MINUTE BOOK 28 Mayor Rowland stated we have also received the following letter from Attorney George McCoin concerning the Ben Moore building. p. 100 REGULAR SESSION APRIL 25, 2016 PAGE -4- MINUTE BOOK 28 CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Final Passage - Ordinance No: 2016-09 – heretofore passed on first reading April 11, 2016 and found in Minute Book 28, Page 90; amending Title 18, Chapter 3, Section 18-306(9) of the Municipal Code to change the effective date for Section 18- 306(9) from April 19, 2016 to October 31, 2016 for the implementation of certain stormwater requirements.  Final Passage - Ordinance No: 2016-10 – heretofore passed on first reading April 11, 2016 and found in Minute Book 28, Page 91; amending Title 14, Chapter 2 Section 2.14 and 2.15 of the Zoning Regulations to allow the reconstruction of existing single family residential uses within the industrial districts in the event they are destroyed/  Final Passage - Denied – Zoning Ordinance No: 2016-11 – heretofore denied on first reading April 11, 2016 and found in Minute Book 28, Page 93; to deny rezoning of 0.98 acres located on Stephens Rd NE from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District.  Final Passage - Zoning Ordinance No: 2016-12 – heretofore passed on first reading April 11, 2016 and found in Minute Book 28, Page 94; rezoning 2.1 acres located at 4020 North Ocoee St from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District.  Resolution No: 2016-37 – Authorizing the Mayor to sign an amended transportation planning contract with Parsons Brinkerhoff, Inc. for MPO projects. RESOLUTION NO: 2016-37 RESOLUTION TO APPROVE AN AMENDMENT TO A TRANSPORTATION PLANNING CONTRACT WITH PARSONS BRINKERHOFF, INC. IN SUPPORT OF THE CLEVELAND URBAN AREA METROPOLITAN PLANNING ORGANIZATION WHEREAS, the City of Cleveland serves as the contracting entity on behalf of the Cleveland Urban Area Metropolitan Planning Organization (MPO) in order to plan and implement transportation improvements within the Cleveland MPO area; and, WHEREAS, the City of Cleveland has maintained a contract with Parsons Brinkerhoff, Inc. for transportation planning services on behalf of the Cleveland Urban Area MPO and additional services are anticipated to be needed above the current “not to exceed” amount established by a prior contract amendment, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby: Authorize the Mayor to sign an amendment (attached) to the existing contract with Parsons Brinkerhoff, Inc. for transportation planning services. [On file in the City Clerk’s Office.] Approved this 25th day of April, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 100 REGULAR SESSION APRIL 25, 2016 PAGE -5- MINUTE BOOK 28  Reappointment – Human Resources Committee – Dan Hartman as Parks and Recreation representative.  Reappointment – Human Resources Committee – Mike Wesson as Development and Engineering Services representative.  Appointment – Animal Shelter Board - Steven Kinder to fill the unexpired term of Kathy Kinder.  Appointment – Board of Zoning Appeals - Ray Garner to fill the unexpired term of Steve Wright. Vice Mayor Poe moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland announced Lee Day was the biggest they’ve ever had. He along with Councilman Hughes were on the committee. Councilman Hughes stated there were about thirty people on the committee and all agreed it was the best event and turnout they’ve ever had. Councilman Banks stated everyone attended the grand opening of the Raider Arena on Sunday. It was well attended with over 1,800 people, former athletes, students, teachers and principals. It was a gathering of the community that fits everyone. He was proud to be a part of the project. He then thanked the architect, Tri-Con builders and Bank of Cleveland, who provided funds for the fitness center. It is a great facility. Mayor Rowland stated it has great acoustics. Councilman Banks continued to state there are concerns of homeless sleeping in the pavilion on the Greenway. When we grow, we will have a certain number of homeless people and we seem to address it in different ways. In other cities, they use their Housing Authority to resolve some of the problems for the homeless. He would like to see the Cleveland Housing Authority take a more active role and provide suggestions on how to deal with the situation. They are tasked with providing affordable, good housing for our citizens. He suggests in the next three or four months we should meet with the Authority and address it. In addition, we created an Airport Authority, which took the politics out of some tough issues and with Lee Universities expansion and the need to redevelop the old Whirlpool site maybe, before the end of the year, we can look to increase the number on the Housing Authority Board and give them some of the same powers the Airport Authority has. Getting down to it, if you talk condemnation. If there is one house, and certainly I am a strong proponent of property rights, but if there is one house and for solely monetary reasons that person tries to extort, for lack of a better word, an exorbitant amount of money for a house that has no sentimental value then we need a mechanism to address that. He like to see in September or October that we have the Housing Authority here or some discussion about broadening their ability to deal with certain issues that have been mentioned. Councilman May asked if the Housing Authority is involved in redevelopment. Councilman Banks stated the arena in Nashville would have never been built if not for the Housing Authority. Again, property rights are very important but when you have an individual motivated solely for monetary reasons hold a good project hostage that is when you need some authority to address it. Vice Mayor Poe stated he felt honored to be at the grand opening of the Raider Arena. He took part from day one from tearing it down, to financing the arena and to be there watching the ribbon be cut, made him feel good all over. Councilman McKenzie stated he was also at the ribbon cutting for the Raider Arena and also in 1966. He asked how many of the Councilmembers graduated from Cleveland High School. His point being, he has made an impression. p. 101 REGULAR SESSION APRIL 25, 2016 PAGE -6- MINUTE BOOK 28 Councilman Estes stated to add to two things to Councilman Banks’ statement about Cleveland development corporation that HUD and federal law would allow our Housing Authority to do the things we can’t do and yes to pieces of property that are held hostage and even more so to take dozens of properties in the second district, that we can’t take down, can’t find the heirs, have to follow the court system, it takes forever, where a development corporation, through federal law could go in and take control of the properties. It would be an unbelievable game changer. Secondly, the one person in this county that did this in Knoxville, Doug Berry. He worked for years doing this and getting it kosher with HUD and implementing it. He has spoken with Paul Dillinger in the past and he is on board. Councilman Estes then asked when does the BZA meet next. Mr. Kimball stated the seconded Tuesday of the month at noon. Councilman Estes asked if anyone had contacted Mr. Garner about his position on the board. Councilman Hughes stated he spoke to him with the last position came open and said he would like to serve. Mayor Rowland confirmed he does live in the city. Councilman Hughes stated yes. Councilman Estes stated he would like to reirriate his concerns about adding appointments to the agenda during the meeting. It is something that could wait two weeks and give us time to make contact with the person. It is not a big deal but feels it looks bad. Councilman Hughes stated he could’ve voted no. The gentleman asked to serve. Councilman Estes stated it is not a big deal to vote no but feels we should do better going forward. Councilman Johnson stated since our last meeting one of the headlines in the paper is how the Jetport has lost over $20,000 of revenue over hangar rentals. He asked if that could have been avoided to prevent it. Ms. Casteel stated what was stated at the Airport Authority meeting is the contractor had done an excellent job and they didn’t want to penalize him because the equipment delay was beyond his control. There was a penalty involved and a loss of $20,000 in revenue because all the hangar spaces had tentatively been leased and that rent was lost. Mr. Fidler stated the total revenue loss was $14,275, after liquidated damages. The hanger manufacture promised delivery in November and actually arrived mid-January. It was not the contractors fault. Councilman Johnson stated we have a beautiful airport and the Airport Authority has done a great job so far and wondered if there is anything the Council needs to do. Mr. Fidler stated it is between the manufacturer and the contractor and we’ve done all we can to recover some revenue. Mayor Rowland stated the airport is flying a lot of organs, when people pass away. Transporting to Vanderbilt, Augusta to the burn center, Birmingham, etc. So it is serving all of the public in general. Delta charter jets come in frequently to refuel and when Chattanooga is closed we can accommodate the traffic. Councilman Hughes stated he attended Ms. Ingram’s forty-five years of education celebration/retirement from Yates Elementary. She is a level three principal, she has served on the Sothern Association of Colleges and Schools and has traveled as an evaluator. She was a premium teacher for about 18 years. Councilman Hughes continued he is glad to see Captain Stacy Smith here filling in for Chief Gibson. He was an outstanding student at Bradley High School. Lastly, Councilman Hughes stated the Raider Arena ribbon cutting was a proud moment for some citizens. He looked at the arena not only as an athletic venue but as a teaching venue. There are at least four classrooms, not counting the gymnasium, which will be a teaching venue everyday with P.E. It is the most gorgeous high school arenas he has ever seen and he is mighty proud. Additionally, he was asked why he was in opposition to the bike lane, which he had no knowledge of but is all for a bike lane 100%. Mayor Rowland added 4,200 jobs have been created in Cleveland between February 2015 and February 2016, which puts us number one in the nation. Another report we are in the top 50 of places in the United Stated to retire because the cost of homes and taxes are low. Councilman Banks asked who was planning Ms. Casteel’s retirement party. Beverly Lindsey stated her and Kim Spence were planning at the request of Ms. Casteel a drop in reception in the Council room, with finger foods. Tentatively, the time is 3-6 p.m. on May 31. p. 102 REGULAR SESSION APRIL 25, 2016 PAGE -7- MINUTE BOOK 28 Councilman May asked do we need to go on record about the Hall Income Tax issue or send a letter. Councilman Banks asked how much are we losing. Mr. McKay stated the average is approximately $1 million a year. Mayor Rowland stated the thrust behind it was the wealthy had to pay it and it could hamper commerce and investments in our State. Councilman May stated it will be tough to come up with the shortfall. Mayor Rowland stated it will be phased out by 2022. NEW BUSINESS AND ORDINANCES Councilman Estes moved to support the widening of Keith Street for a bike lane. Mr. Jobe stated section 1 and 3 are already committed by TDOT. Staff would like section 1 to keep the width of the roadway and widen the shoulder instead of narrowing the lanes to fit the bike lane. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman Banks stated we need to pick a day and name it the Janice Casteel Day. She has influenced a lot of people and there is a lot of people that would like to honor her and some may be out of town. It is fine to have a few finger foods in the Council room but we need something bigger. The Council agreed. Councilman Banks then moved to appoint Beverly Lindsey, Kim Spence and Councilman Hughes to come up with a first class reception for Ms. Casteel. The motion was seconded by Vice Mayor Poe; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Rowland reminded everyone of the Cleveland Utilities employee appreciation breakfast on Wednesday, April 27 at the Tom Wheeler Training Center. There being no future business the meeting was adjourned at 4:43 p.m. _________________________________ ______________________________ Mayor City Clerk