Cleveland City Council

p. 103 REGULAR SESSION MAY 9, 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, MAY 9, 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; Kris Miller, IT Director; Kim Spence, Risk, Safety and Wellness Manger; Ken Webb with Cleveland Utilities; Ginger Wilson Buchanan; Berkeley Burbank with Alco Management, Inc.; Keith Barrett; Karl and Angelia Keasler; Andrea Hollingsworth; Rebecca Duffy; Haley Sompolinsky; Miranda DeGraw; Chris McConnell; Josh Womble; Brenda Degata; Doug Berry and Gary Farlow with the Chamber of Commerce; Teresa Torbett, CDBG Coordinator; Brian Moran, Social Media; City Reporter Randall Higgins; Pam Edgemon; Larry Wallace; Larry Bryant; Bethany McCoy with Lee University; Hal Taylor; Chuck and Gracie Martin; Floyd Chastain; Carl Lansden; Alicia Towles; Will Jones; Attorney Travis Henry; Attorney Andrew Brown; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Ed Robinson, 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 25, 2016 and approve them as written. The motion was seconded by Councilman May. Councilman Banks stated a word was misspelled on page 100 should be exorbitant. Upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland requested the video of Cleveland High School’s 2016 lip dub “Pop Danthology” video be played for all to watch. It has had over 18,000 YouTube hits within a few weeks of posting. Val Palmer recognized city staff who participated in the VITA program held at the Cleveland Community Center. They are as follows: Mayor Tom Rowland, Janice Casteel, Beverley Lindsey, Patti Petitt, Dudley Whaley, Betty Goddard, Kris Miller, Eleazar Diaz, Emily Spatafore, Leah Banks, Caleb Cain, Janorie Davis and Laurie Anderson. Ms. Palmer thanked all the volunteers who helped with the program. Over 1,000 returns were filed with approximately $240,000 in savings to the taxpayers. Mayor Rowland introduced Will Jones as Mayor of the day. Larry Wallace read the following statement from the City Manager Selection Committee: Mayor Rowland and Honorable Councilmembers, First let us express our appreciation for the confidence that you have placed in us to serve on the Citizen Search Committee to assist in finding the best possible candidates to assume the position of City Manager for Cleveland Tennessee. Over the last two months the committee has met, nearly on a weekly basis, to establish objective scoring guidelines and reviewed sixty-three applications in order to recommend to the City Council the most qualified candidates. The committee took great care in reviewing and scoring p. 104 REGULAR SESSION MAY 9, 2016 PAGE -2- MINUTE BOOK 28 each applicant’s cover letter and resume, which included their education, work experience, professional development and experience in working in communities similar to Cleveland Tennessee. Based upon the scores derived from this body of work and input from Mr. Mercer, the committee chose several candidates to interview along with three alternates. One candidate withdrew his name for consideration and an alternate was chosen to fill his place. We are pleased to report that the committee was unanimous in its selection of the most qualified candidates for interview. The committee interviewed the candidates via Zoom at Lee University. Committee members scored the candidates responses to the interview process and used these scores to assist in a selection of the applicants for recommendation to the City Council. We, the Citizen Search Committee present the attached list as the most qualified candidates for your consideration for the position of City Manager for Cleveland, Tennessee. Again, we appreciate your confidence and thank you for the opportunity to serve on behalf of the Cleveland City Council and the entire community in this important selection process that will hopefully assist in taking our community to an even higher level. Signed Citizen Search Committee Members, Joe Cate, Don Humes, Roger Jenne, Beverly Johnson, Scott Taylor, Erwin Lowe, Danny Chastain and Facilitator Larry Wallace. Mayor Rowland stated on behalf of the Council he has sent a letter to each member thanking them for their service. He then asked about complete background checks for the finalist. He then asked if the Council would like Mr. Wallace to begin background checks on the five candidates or are there any that we can eliminate and go from there. Councilman May asked to what extent the background check would be. Mayor Rowland stated a complete check. Mr. Wallace stated there should be three stages of background checks for city employees. This would be the highest level you could do. The types of information that may be obtain include but not limited include credit reports, social security number verification, criminal record checks, public court record check, driving record check, educational record check, verification of employment positions held, workers’ compensation records, personal and professional references check, licensing and certification checks, military service records checks and all other information the City of Cleveland deems pertinent from or by any individual, Corporation, University or College or other private or public entity. He then read the following from the authorization form: I understand that if the City of Cleveland hires me, my consent as expressed herein will apply and continue during my employment to the extent permitted by law, unless I revoke or cancel my consent by sending a signed letter or statement to the office of Human Resources of the City of Cleveland. It is thorough and many types of investigations don’t deal with criminal records only public records. For instance, a law enforcement onsite check. This is in addition to the electronic background check because there could be information not on electronic record unless there were charges made. If you are onsite and on the ground you can find that out. Councilman May asked if we are going to do that type of check on all five candidates. Mayor Rowland stated he feels you should do all five if you are not going to eliminate any. Councilman May stated this is extremely important. Councilman Hughes stated he would like to narrow it down to three before we do the extensive investigation. Councilman May asked if we can do the five, only the criminal or what you can pick up online then narrow it down to three. Councilman Hughes stated we sure could. Personally, after reading information on all five I could very easily eliminate the individual from California strictly due to geographic’s. That is my opinion. You’re talking about doing a limited and narrowing it down. Councilman May stated a limited and then down to three and then do an extensive check. Mayor Rowland stated the limited might eliminate one or two, you never know. Vice Mayor Poe asked how many on the list that was sent to Council were from this area, Cleveland or Bradley County. Do we have a local person in there to choose from? Mr. Wallace stated the only person to be considered really close would be, well, let me go over them. Julie Underwood is originally from Virginia, Mark Reeter is from Bristol, Joe Fivas is not from this state, Angie Carrier is from Johnson City, and Seth Sumer is from Riceville, graduated from Cleveland State. He had the most connection with Cleveland. Mr. Wallace continued that it is hard to define a limited background check. Mayor Rowland asked if we gave two week two p. 105 REGULAR SESSION MAY 9, 2016 PAGE -3- MINUTE BOOK 28 candidates could be eliminated. Councilman Banks asked how they’ll be examined. All were impressive during the interviews. As I remember, didn’t we decide that any Councilperson could put someone in or are we limited to the five. Mayor Rowland stated there was discussion. Councilman Banks stated the committee understood that but I think the committee people have worked long and hard and checks should be done on all five. How long will it take? Mr. Wallace stated the two in east Tennessee can be done in one trip; the others will take a few days. He will need some assistance from the Police Department and would like to have a revised release form and meet with City Attorney John Kimball. Councilman Estes stated he appreciates the interviews uploaded to their drop boxes. After seeing all the interviews it is easy to cross some of the list today and it could save Mr. Wallace some time. I think we should respect the process. Local people threw their hat in the ring and I would be very hesitant not to respect the process. Councilman Banks stated he brought it up because we had discussed it. Councilman Hughes asked how long has it been since the interviews. Mr. Wallace stated a week. Councilman Hughes stated we need to make sure these people are in concrete before you do an extensive investigation. Make sure they are still interested. Mr. Wallace stated of course. He continued Mr. Mercer has a process of certifying for two years and has indicated he is fine with any of the candidates and has turned discussion to the Mayor. Mayor Rowland stated he has not spoken with Mr. Mercer as of yet. The then stated Councilmen Estes and Hughes say they can eliminate a candidate today, anyone else. Vice Mayor Poe stated if you are going to consider them a background check should be done before hand. He continued that he is very disappointed that there was not anybody considered from Cleveland, Bradley County. Councilman McKenzie agreed and stated you have to live here to run you should live here. Councilman Banks asked Mr. Wallace from experience when you present the release form have you ever had someone withdraw. Mr. Wallace replied it can happen. Vice Mayor Poe stated we have gone through this process before in 2000 and it took six months to get it down to making a decision. Is that what we’re getting into again? It is hard for us to agree on a lot of things let alone a City Manager. Mr. Wallace stated the members of the committee are those that you nominated and your representative. Councilman Hughes stated he could eliminate one but honors what Councilman May stated that all five should go through the process. Councilman Johnson stated with the information we have and interviews, he would like to stick with the five. He feels he could have a choice after looking at all the information. Councilman Estes stated he is good with the Council but doesn’t want it to last six months. Mr. Mercer guarantees a person for two years and will follow up to evaluate the person. Mr. Mercer has a long term commitment. He brought some of the names to us and we get it down to two or three then go further. Councilman McKenzie stated he guesses it is too late for someone local. He is for whatever but we’ve done pretty well locally. Councilman Banks asked how much will background checks cost. Mr. Wallace stated very little. Councilman Estes stated in two weeks, after everyone has a chance to watch the interviews we come in and rank them 1-5, 5 be high and take the top 2 or 3. Councilman Banks stated we will lose time. We only have Ms. Casteel for 3 more weeks. Mayor Rowland asked if the Council would appoint an Interim City Manager. Vice Mayor Poe stated yes, as well as Councilman May. Councilman May stated this is an important decision we don’t need to push and should take ample time to do the job. Councilman Estes stated we have an Assistant City Manager. Ms. Casteel stated the job description of the Assistant City Manager fills the void in the City Manager’s absence to serve. Mayor Rowland stated we can appoint an Interim City Manager today to begin June 1 and take the five finalist and rate them on a score of 1-5, turn them in to Sue Zius or Larry Wallace to do a tally sheet then move forward. Councilman Banks stated Mr. Wallace could find something in the background check that could affect the score. We have gone this far we should spend the time to do the background check on all five. The committee expects due diligence. Councilman May agreed. Councilman Banks moved to allow Mr. Wallace to meet with Mr. Kimball to develop a release form to be signed by the five applicants and then Mr. Wallace does, at his discretion, appropriate background checks on all five applicants and report back, hopefully before our next meeting. The motion was seconded by Vice Mayor Poe; and upon roll call, unanimously passed. Mr. Wallace stated that is tight but he’ll do his best. Councilman Banks stated if it’s not possible in two weeks we can always adjourn the meeting a few days. p. 106 REGULAR SESSION MAY 9, 2016 PAGE -4- MINUTE BOOK 28 Councilman Estes then moved that the City of Cleveland employ the Assistant City Manager Melinda Carroll as Interim City Manager June 1 with all the rights, duties and responsibilities the City Manager, including pay and benefits until a new City Manager is under contract. The motion was seconded by Vice Mayor Poe. Councilman Banks stated we’ve still not resolved the issue of someone getting back in contention. What if someone who is fully qualified, top tier education and prior experience suddenly decided they wanted to put their name in the hat and it addressed Vice Mayor Poe’s concern that they live right here in Cleveland, are we going to eliminate them? Didn’t we say we had that option? Councilman Estes stated he would not vote for that person. We said we could do it. Councilman Banks stated did we leave it open? Ms. Bryant stated yes, you previously stated you’d like to be able to add someone to the committee recommendation. Councilman May stated he had hoped we’d have a local person make the cut. We had several to apply and they didn’t make it. If we go with someone besides these five, after going through this process, we will be crucified as far as in the PR and community. Councilman Banks stated we have to speak from our minutes and not necessarily in favor because I believe in the process but what if none of the five can get four votes. Councilman May stated we’ll cross that bridge when we get there. Councilman Banks stated we need to amend what we’ve voted on that none of us can throw a name in the hat. Vice Mayor Poe stated there were three people here when it took us six months to agree on a City Manager after we got down to two. Mayor Rowland stated the motion on the floor is Melinda Carroll be named Interim City Manager until a new one is hired with the proper pay. In speaking with Ms. Carroll she had previously stated she didn’t want the extra pay. Ms. Carroll agreed and stated if you have confidence in me to do it during that time that is my responsibility as Assistant City Manager. Councilman Hughes stated there should be a bonus at the end. Along with that comes a heavier burden. Councilman Banks stated we need to give ourselves a deadline, 90 days from June 1. Councilman May agreed and stated to make it clear Ms. Carroll decided she did not want to apply for City Manager position. We are not going to put her in as acting and may be City Manager. The community needs to understand that. Councilman Hughes stated that should be a part of the motion. Councilman May stated we need to be clear. Councilman Johnson feels they can’t go with anything other than the five and should be able to go through them in a couple of weeks and make a decision. Six months or 90 days could muddy the water. The committee has researched and honor what they have done and go through the process. Councilman Banks stated if we narrow it to three he’d like them to come before us and ask questions. Councilman May agreed. Vice Mayor Poe stated you have to get four people to agree. Councilman Johnson stated we have done a fantastic job so far at picking a City Manager. Councilman Hughes asked if any of the five had fear of losing their job if they applied for something else. Mr. Wallace responded one did but spoke with her employer. City Clerk Shawn McKay stated the motion was to employ the Assistant City Manager Melinda Carroll as Interim City Manager June 1 with all the rights, duties and responsibilities the City Manager, including pay and benefits and resolved [hiring of new City Manager] within 90 days. Councilman Estes agreed with the motion. It was seconded by Vice Mayor Poe. Upon roll call, Councilman Estes, Vice Mayor Poe, Councilman Hughes, Councilman Banks, Councilman McKenzie and Councilman May voted aye. Councilman Johnson voted no. It was agreed if she was doing the job she should receive the proper pay. The motion passed 7:1. Councilman Banks moved that Mr. Wallace, in all due haste, complete the background checks. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 107 REGULAR SESSION MAY 9, 2016 PAGE -5- MINUTE BOOK 28 Mayor Will Jones stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2017 Budget. The City Clerk then read the notice of the public hearing. Mayor Jones asked if anyone would like to speak in favor of the approval of the FY2017 Budget. City Manager Janice Casteel stated Ordinance #15 adopts the FY2017 budget which contains: no property tax increase ($1.7655 per $100 assessed value and no increase in the Residential Sanitation Fee. The Budget Message which begins on page XI lists the Budget Assumptions including rate increase, revenue growth projections, expenditures and transfers, proposed new debt and proposed capital projects. Thank you Mayor and Council, Shawn and Melinda, Christy and Amy. Thank you Department Heads and Budget Officers for your work on this budget. Mayor Jones asked if anyone would like to speak in opposition of the approval of the FY2017 Budget. No one spoke. Mayor Jones declared the public hearing to be closed. Mayor Jones stated today’s meeting is being held to hear public comments concerning an amendment to the zoning ordinance concerning the use and operation of Recycling Collection Centers, Salvage Yards and the like within the Commercial Highway Zoning District. The City Clerk then read the notice of the hearing. Mayor Jones asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Jones asked if anyone would like to speak in opposition of the approval of the amendment. Mr. Brown stated he would like his 1:00 comments in the record. [Work Session Comments] Andrew Brown stated their position, which is in-line with what Councilman Banks stated, they have been about following the law from day one. My client does operate a competing scrapyard on Overhead Bridge Road, off the beaten path. When he opened in 2011 or 2012 he discussed with the city and the State where his business needed to be located which they stated in a heavy industrial site. He has built a big wall in the front to protect it aesthetically and has made a significate investment in Cleveland. For him and his business, what he sees in this circumstance is two businesses who have be able to pick and chose their location, which is very visible, probably one of the most prime commercial sites to operate a business. He feels the idea behind zoning was to put the businesses in locations that were appropriate for the business they were conducting. Scrapyards are unsightly there is no question. It is a junkyard. What we are talking about here is allowing businesses to operate, not even in light industrial but commercial highway. It’s very unsightly. His client’s position today is we just need to follow the law and make everyone comply. As long as we do that everyone gets down to a level playing field and responsible for the decisions you make. That is what the position this Council has taken on numerous occasions. Responsibility goes a long way. Regarding the provision adopted by the Planning Commission, Mr. Henry is exactly right, he has done a lot of good work and provided solid council to the Commission and the Council on the issues, but the way the zoning ordinance proposal is worded they have to screen the property, which is very subjective at this point. There is no way to identify what that requires. If you have scrap metal sitting in a semi container you are talking about visibility up to 30 feet and you’d have to put up 30 feet of screen to make it not visible from the road and that’s challenging. The second aspect is we are phasing them out essentially over a 5-year period. My suggestion to this body would be if it is that we’re not supportive of scrapyards in this zoning district and we’re going to be phasing them out because we don’t like the idea of the visibility and fall into the master plan well, why is it 5-years? Is that necessary for a business to shut down? If it is that you want them to shut down to fall in the master plan we feel it is more appropriate for 1 or 2 year period. As Ms. Dagata stated they have been operating for a year since they were notified it wasn’t in the proper zone. Really, if you say 2-years its really 3-years they’ve been allowed to continue since they were first notified this was an issue. That would be our position, if you are inclined to let them phase out do it with a reasonable period of time, 1 or 2 years and not let it go on for perpetuity because we all know that as time passes sometimes things change and at some point and time they’ll be up here saying they’ve been operating for five additional years since the last time the Council heard this issue, p. 108 REGULAR SESSION MAY 9, 2016 PAGE -6- MINUTE BOOK 28 then this body will be left with having to make a decision again whether to allow them to continue on. From a precedent stand point, if someone came to me and said how to keep my business going I’d say we can certainly talk about in the past how the Council has allowed these businesses to continue. There is some precedence that’s established allowing these to continue. Those would be our positions on the issue. It’s not about shutting businesses down. It’s not about favoring small businesses or disfavoring them. It’s about following the law. That’s what my client lives and dies by. That’s what I do in my professional life and we just ask the Council to stick to that. Mr. Brown continued that the he has stated their opposition and the idea comes down to just following the law and that is what we’d like to see under the circumstances. Mr. Banks’ motion he stated he was going to make is one that would be more palatable from a standpoint of phasing these business out to comply with the law. The issue of precedence continues to come up and if we don’t enforce the law now then what will we enforce later on and who also gets the benefit of this down the road. Someone else wants to do something similar and avoids the zoning laws do we put it off and give them an amortized schedule of 5 years to basically shut down. That is the ultimate issue at the end of the day. This body will have to continue to do in a normal course in order to satisfy basically people who have not complied with the zoning law as they are. He then distributed photos to show the impact of the scrap yard is near prime real- estate. The material is rusty and oils that seep on the ground and could make the property unusable for later use. That is something that needs to be considered. I’m not saying this is happening but it can happen. If the property is not marketable at a later time then you have contaminated property sitting on South Lee Highway that you can’t use. Two photos from 2008 show the property before the scrap yard moved in. The other photo was taken April 2013 which shows the scrap yard location. There are two scrapyards, one near Victory Drive and this one is further down South Lee Highway. The entire property is consumed by what this scrapyard is trailers, semi-trucks. It is unsightly. Another photo in January 2016 with new screening, which certainly does not conceal what is going on behind the screen. They are growing and now we have two scrapyards on South Lee Highway and what when’s their three or four. Where does this end? Things have to be stopped by enforcing the laws. Mayor Jones declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Resolution No: 2016-38 – Approval of the 2016-2017 Annual Action Plan for the CDBG Program. RESOLUTION NO: 2016-38 RESOLUTION FOR APPROVAL OF THE 2016 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City Council of the City of Cleveland, Tennessee received a document, City of Cleveland 2016 Annual Action Plan which is incorporated herein as EXHIBIT A; and WHEREAS, the aforementioned 2016 Action Plan was the subject of public hearings on September 14, 2015, February 9, 2016, and again on April 19, 2016. A draft of the Action Plan was available on April 8th, 2016 which began a thirty-day comment period ending on May 7, 2016 with copies of the Plan being made available at the Development and Engineering Services Office, the Cleveland Public Library, and on the City’s website www.clevelandtn.gov as advertised in the Cleveland Daily Banner on April 8th, 2016 and Noticias Libres on April 7th; p. 109 REGULAR SESSION MAY 9, 2016 PAGE -7- MINUTE BOOK 28 WHEREAS, the aforementioned Plan has been reviewed by the Cleveland Municipal Planning Commission whose members were provided with the document and given the opportunity to comment; and WHEREAS, comments concerning the aforementioned Action Plan were received by City staff and reported to the City Council and the City Council has considered the comments: NOW, THEREFORE, BE IT RESOLVED, the 2016 Action Plan is incorporated herein as EXHIBIT A be approved by the City Council, and be it further resolved that City staff are authorized to submit the aforementioned Plans to the United States Department of Housing and Urban Development (HUD), and be it resolved that the Mayor is authorized to sign all grant agreements, contracts and certifications with HUD that are required to carry out the CDBG program described in the Action Plan. Approved this 9th day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-39 – Authorizing the Mayor to sign the FY2017 TDOT maintenance agreement. RESOLUTION NO. 2016-39 WHEREAS, the City has received the attached contract from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Description of Project: Routine Maintenance of State Routes through Municipalities Contractor Edison Registration ID # 0000004062 Contract#: CMA 1706 WHEREAS, the City Council desires to enter into the attached contract with TDOT and to further authorize the Mayor to execute the attached contract 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 with TDOT for the project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 9th day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 110 REGULAR SESSION MAY 9, 2016 PAGE -8- MINUTE BOOK 28  Resolution No: 2016-40 – Approving of the construction of a school bus shelter. RESOLUTION NO: 2016-40 A RESOLUTION APPROVING OF THE CONSTRUCTION OF A SCHOOL BUS SHELTER ON A PARCEL OF LAND OWNED BY THE CITY OF CLEVELAND WHEREAS, Mr. Raymond Rouse, a resident of the Magnolias Subdivision which is located off Old Freewill Road, has expressed interest in constructing a school bus shelter to be used by the City school students who live within his subdivision as they wait for a City school bus; and WHEREAS, the proposed school bus shelter would be located on City owned property which the City of Cleveland owns in fee simple as the result of a previous road re-alignment project on Old Freewill Rd; and WHEREAS, the parcel owned by the City is identified as Tax Map 033P-D-034.00; and WHEREAS, the proposed school bus shelter would be constructed on a concrete pad with brick sides and a shingled roof at no cost to the citizens of the City of Cleveland; and WHEREAS, Hal Taylor, Maintenance Director for the Cleveland City School System, has confirmed that the proposed location would be an appropriate location for a school bus stop as there are currently 8 or 9 students who utilize this location, and it is anticipated that the number of students residing in this subdivision will increase over time; and WHEREAS, the City's building inspections department will oversee the construction of the school bus shelter for compliance with applicable building codes should the City Council approve of this project and allow the school bus shelter to be constructed on City property; and WHEREAS, the proposed project is further described in the Memo prepared by City Planner Corey Divel dated May 2, 2016 which memo is attached hereto and incorporated herein by reference; and WHEREAS, because the school bus shelter is proposed to be constructed and located on property owned by the City of Cleveland, the City Council would need to authorize the school bus shelter to be constructed on the property; and WHEREAS, the City Council greatly appreciates Mr. Rouse's proposal to construct this school bus shelter as described herein, and desires to approve of the proposed project subject to the terms of this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee, in regular session assembled, does hereby accept the gracious proposal of Mr. Raymond Rouse to construct the school bus shelter on the parcel of property referenced herein that is owned by the City, and the City Council hereby extends its sincere appreciation to Mr. Rouse for his willingness to donate his time and to incur this expense for the benefit of the school children who live in the Magnolias subdivision. BE IT FURTHER RESOLVED that Mr. Rouse is hereby authorized to construct the school bus shelter on the property referenced herein which is owned by the City, with the construction to take place under the direction and supervision of the City's building inspections department, which will oversee the project for compliance with all applicable building codes. BE IT FURTHER RESOLVED that once the school bus shelter has been constructed, the same will be maintained by the City of Cleveland and Cleveland City schools. p. 111 REGULAR SESSION MAY 9, 2016 PAGE -9- MINUTE BOOK 28 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-41 – Amending the Authorized Position List for the FY2016 Budget. RESOLUTION NO: 2016 – 41 A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR THE FY2016 BUDGET THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2016 City Budget. WHEREAS, this document contains the “Authorized Employees By Fund, Department, and Position Classification”. WHEREAS, the Parks & Recreation Director and Assistant Director of Parks & Recreation have requested that a long-time supervisor who recently retired be replaced with two Public Service Workers in order to expand the support services offered by the department due to construction of additional restrooms along the greenway, a new dog park, and planned extensions of the greenway path. AND WHEREAS, funds from the supervisor position are sufficient to fund the two Public Service positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located on pages 388 through 393 of the FY2016 City Budget is hereby amended to reflect the changes included in this Resolution. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 9th day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Surplus Property Update – Airport property (Map 057H Group G Parcel 005.02). p. 112 REGULAR SESSION MAY 9, 2016 PAGE -10- MINUTE BOOK 28 MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda Carroll DATE: May 2, 2016 SUBJECT: Surplus Property - UPDATE The City of Cleveland declared real property Map – 057H, Group F, Parcel 005.02 surplus on Monday, November 23, 2015; with this property to be sold and the proceeds to go to the Cleveland Municipal Jetport. A single bid of $7,600.00 was received from S & E Partnership.  Surplus Equipment – Declaring the 1999 Case 621c Loader for the Public Works Department as surplus property and be sold on Govdeals.com. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: May 2, 2016 SUBJECT: Surplus Equipment I respectfully request the City Council declare the following item surplus for the Public Works department and to be sold on GovDeals:  1999 Case 621C Loader – VIN #JEE0092924 This item will be placed on Govdeals with a minimum bid of $35,000.00. 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 Councilman Estes stated Impact Cleveland is expanding their extreme energy makeover beyond Blythe Avenue to all of Blythe and College Hill, basically this side of Johnston Blvd. It is a remarkable program that needs PR. There is money for rehab out there for single family homes to make them at least 25% more energy efficient. This is a pass through grant from TVA. They replaced appliances, add insulation, a bit of work and make homes more efficient. They will work with landlords if they sign agreements on how they use their properties in the future. They have money for over 300 homes and it is changing lives in District 2 and it could do so much more. He asked that the City find ways to get the information out, possibly in the CU bills. Councilman Johnson stated he was asked what would happen if a citizen steps in to help a police officer, like the scuffle that happened with Sheriff Watson and a citizens, and could they potentially be charged with an assault. Chief Gibson stated they don’t encourage the public to get involved because the officer will get the situation under control but the citizen would not be prosecuted if they were helping a situation where they felt the officer was in danger for his safety or life. They would be protected but don’t encourage people to get involved for their safety. Councilman Banks stated at today’s Work Session Mainstreet withdrew their request to acquire the Moore Building. Jeanine Chastain, who owns the 5 Points Café across the street from the Moore Building stated she would like to see that part of town built back up like it was years ago. It can still be the gateway to Cleveland but we need parking. She has lost several customers due to the parking issues and has also spoken with numerous business owners in the area. She would like to see the building come down where additional parking can be provided. If you take a look, it’s not the best and it should be a hot spot for Cleveland. She turned in a petition of 263 names, which states Cleveland needs more parking for our growing and beautiful p. 113 REGULAR SESSION MAY 9, 2016 PAGE -11- MINUTE BOOK 28 downtown. Please sign this petition to take the old building down across from 5 Points Café to create more safe and accommodating parking for all downtown Cleveland. Councilman Banks stated Mainstreet requested the City quitclaim the deed back to Mr. Moore. It is an eyesore and there is no question that something has to be done. The Council took that building from Mr. Moore and we had an agreement. 5ive Points has not progressed as the masterplan projected and he reads the masterplan to show that being parking and understands there is a disagreement. It goes without saying nothing has happened in 10-12 years. He feels we should do something to provide parking for this lady and her customers and that will be a stimulus to spark it. We leave it like it is and tear the building down. He remembers Mr. Myers tearing the old dry cleaning building at Taylors Springs down in 2-3 days. He feels we can sell the brick for the cost of the paving and we need to do something to the area. Councilman Banks then moved to stick with what we agreed to, to take the building, for $200,000 he donates $100,000 back and we pay him $50,000 over a two year period and we make a parking lot so this lady and her 260 customers can have the parking that area deserves. The motion was seconded by Vice Mayor Poe. Sharon Marr with Mainstreet stated they would like to continue to work with the businesses to create additional parking in the area. There is a lot of parking that is not being effectively utilized and we feel sixteen spaces are not very many. We can easily find those with what is there. We would like to save the building and feel the redevelopment plan we have is the best option but there is a chance to save the building and hate to see it go for only sixteen spaces. There are parking spaces that need to be better utilized by business by getting employees to park away from the doors so customers can park there. Councilman Banks stated he knows her position but it’s been 10 years and nothing has happened. If we deed it back to Mr. Moore it will sit there and be an eyesore. Mr. Moore developed two shopping centers and other property and he says that is the only way that area will ever change is with additional parking. Mayor Rowland stated sixteen at a time will be a big benefit. Councilman McKenzie asked what if the residents park in the new lot. Ms. Lipke stated you can limit the parking time. Councilman Banks amended the motion to limit it to 1 hour. Vice Mayor Poe seconded the amendment. Upon roll call, Councilman Banks, Vice Mayor Poe, Councilman Hughes, Councilman McKenzie, Councilman Johnson and Councilman May voted aye. Councilman Estes asked about the structure of the back wall adjoining the Rescue building. Mr. Myers stated he would have to have structural engineer look at the building. Councilman May stated that section was an alleyway at one time and later the flat roof was added. Councilman Hughes stated we are not asking Mr. Myers to take the building down, correct. He though Ms. Chastain had previously mentioned someone was willing to take it down. Ms. Chastain stated yes, they looked at it and said it was the worst building they’d ever seen. Councilman Estes stated he didn’t have enough information and would vote no but not against tearing down the building. Each case we’ve had today has its own merits. This is a tough decision and would vote no because he just doesn’t know. Councilman Johnson stated if the building comes down and parking we need to stipulate the kind of parking but doesn’t want to limit it to 1 hour parking. Councilman Banks stated we can revisit the issue at a later date. The motion passed 6:1. Councilman Banks continued that the City Manager Selection Committee meetings that Joyanna Love from the Banner has been to every meeting, except one and someone showed on her behalf and been giving every opportunity. Last meeting we discussed the process and it is working. We are in compliance with the Sunshine Law. The general public can view the interviews and resumes on the city’s website. Mayor Rowland stated the website is fantastic and thanked Brian Moran and Randall Higgins for their work. The 5K Recycle Run had approximately 400 participates. Councilman Estes stated it was a great event for the City. Councilman Banks stated that reminds him that Mr. Wallace needs to include social media in the background checks and asked Brian Moran help Mr. Wallace with that task. p. 114 REGULAR SESSION MAY 9, 2016 PAGE -12- MINUTE BOOK 28 NEW BUSINESS AND ORDINANCES Mayor Rowland stated we have an Ordinance amending Title 10, Chapter 1 Section 10- 102 of the Municipal Code relating to swine. Mayor Rowland stated the item dies for lack of a motion. Alicia Towles stated the owners of the pigs tried to comply and work with Animal Control for a trial basis. We had valid solutions to satisfy any concerns and we got the door shut in our face. Ms. Casteel stated even a trial basis would require the ordinance to be amended because it is illegal at this time. Mayor Rowland stated the law has to be enforced and it says not inside the city limits. Ms. Towles stated Andre tried to remedy the concerns of the neighbors. Mayor Rowland stated we need a recommendation from the animal control board before the item can come before the Council again. Rebecca Duffy stated she was a neighbor and the animals are well kept. Ms. Hollingsworth was not aware of the ordinance prohibiting swine inside the city limits and have since moved the pigs to the County. She understood the animal control board did send a recommendation to have an amendment. Mayor Rowland stated if you have gone through the process and unless the board changes their recommendation to something stronger he doesn’t believe the Council will consider it again. The following Ordinance was then presented in full: ORDINANCE NO: 2016-14 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING TITLE 4, CHAPTER 2, SECTIONS 4-203 AND 4-208 OF THE CLEVELAND MUNICIPAL CODE RELATING TO OCCUPATIONAL SAFETY AND HEALTH WHEREAS, the City's Occupational Safety and Health (OSHA) Program is codified in Title 4, Chapter 2 of the Cleveland Municipal Code; and WHEREAS, the City's OSHA program currently includes within the scope of the program employees of Cleveland City Schools, Cleveland Utilities, and the Cleveland Bradley County 911 center; and WHEREAS, the City's insurance carrier has recommended to the City's risk manager that Cleveland City Schools, Cleveland Utilities, and the Cleveland Bradley County 911 center should have their own OSHA programs separate and apart from the City; and WHEREAS, the City's risk manager has been in communication with representatives of Cleveland City Schools, Cleveland Utilities, and the Cleveland Bradley County 911 center about these entities being removed from the City's OSHA program effective 7/1/2016; and WHEREAS, the City's risk manager has been advised by representatives of these entities that these entities will be prepared to operate their own OSHA programs separate and apart from the City's OSHA program by 7/1/2016; and WHEREAS, the City Council now desires to amend Title 4, Chapter 2, Section 4-203 of the Cleveland Municipal Code and Title 4, Chapter 2, Section 4-208 of the Cleveland Municipal Code to remove these entities from the City's OSHA program effective 7/1/2016. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1. That Title 4, Chapter 2, Section 4-203 of the Cleveland Municipal Code is hereby amended to read as follows: 4-203. Coverage. The provisions of the occupational safety and health program plan for the employees of the City of Cleveland, Tennessee shall apply to all employees of each administrative department, commission, board, division, or other agency whether part-time or full-time, seasonal or permanent. Effective 7/1/2016, the provisions of the occupational safety and health program plan will p. 115 REGULAR SESSION MAY 9, 2016 PAGE -13- MINUTE BOOK 28 not apply to employees of Cleveland City Schools, Cleveland Utilities, and the Cleveland Bradley County 911 center. Section 2. That Title 4, Chapter 2, Section 4-208 (II) of the Cleveland Municipal Code under Definitions is hereby amended to read as follows: b. EMPLOYER means the City of Cleveland, Tennessee and includes each administrative department, board, commission, division, or other agency of the City of Cleveland, Tennessee. Effective 7/1/2016, the provisions of the occupational safety and health program plan will not apply to employees of Cleveland City Schools, Cleveland Utilities, and the Cleveland Bradley County 911 center. f. EMPLOYEE means any person performing services for this employer and listed on the payroll of this employer, either as part-time, full-time, seasonal, or permanent. It also includes any persons normally classified as volunteers provided such persons received remuneration of any kind for their services. This definition shall not include independent contractors, their agents, servants, and employees. Effective 7/1/2016, the provisions of the occupational safety and health program plan will not apply to employees of Cleveland City Schools, Cleveland Utilities, and the Cleveland Bradley County 911 center, and employees of Cleveland City Schools, Cleveland Utilities and Cleveland Bradley County 911 center will no longer be included within the definition of employee. Section 3. That this Ordinance shall become effective on 7/1/2016 and 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 Councilman Estes moved that Ordinance No: 2016-14 be voted for passage on first reading. The motion was seconded by Councilman Johnson; and upon roll call, unanimously passed. Left blank intentionally p. 116 REGULAR SESSION MAY 9, 2016 PAGE -14- MINUTE BOOK 28 The following Ordinance was then presented in full: p. 117 REGULAR SESSION MAY 9, 2016 PAGE -15- MINUTE BOOK 28 p. 118 REGULAR SESSION MAY 9, 2016 PAGE -16- MINUTE BOOK 28 p. 119 REGULAR SESSION MAY 9, 2016 PAGE -17- MINUTE BOOK 28 p. 120 REGULAR SESSION MAY 9, 2016 PAGE -18- MINUTE BOOK 28 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Ordinance No: 2016-15 be voted for passage 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: 2016-16 TAX ORDINANCE - YEAR 2016 AN ORDINANCE TO PROVIDE AND FIX FOR THE CITY OF CLEVELAND, TENNESSEE, FOR THE YEAR 2016, AND SUBSEQUENT YEARS, THE TAX RATE ON ALL PROPERTY, BOTH REAL AND PERSONAL; TO PROVIDE A BUSINESS TAX; TO PROVIDE FOR A SPECIAL FRANCHISE PRIVILEGE TAX, IN ACCORDANCE WITH AND AS SET FORTH IN THE “BUSINESS TAX ACT” KNOWN AS CHAPTER 387 OF THE PUBLIC ACTS OF 1971, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, WITHIN THE CORPORATE LIMITS OF THE CITY OF CLEVELAND, AND TO FIX A PENALTY FOR ANY PERSON, FIRM OR CORPORATION EXERCISING ANY SUCH VOCATION, OCCUPATION OR BUSINESS WITHIN SAID CITY OF CLEVELAND WITHOUT FIRST PAYING SAID TAX. p. 121 REGULAR SESSION MAY 9, 2016 PAGE -19- MINUTE BOOK 28 SECTION 1. BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, that the tax levy on all property, both real and personal, for the year 2016, and each subsequent year thereafter be, and is, $1.7655 on each One Hundred Dollars ($100.00) of assessed valuation. SECTION 2. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all persons, firms and corporations engaged in any location, occupation or business within the corporate limits of said City shall pay a business tax to the City of Cleveland equal to and in the same amount as the business tax prescribed to be paid by such person, firm or corporation under the terms and provisions of the “Business Tax Act”, known and designated as Chapter 387 of the Public Acts of 1971, as passed by the aforesaid Act hereto attached, read and understood by the said City Council, and made a part of this Ordinance; and the rate of taxes on such business is made a part hereof as fully as if the same were incorporated in full herein; and the rate of taxes on such privilege and privileges named in said Act for retail businesses shall be as follows: Class 1A 1/10 of 1% retail 1/40 of 1% wholesale Class 1B 1/10 of 1% retail 3/80 of 1% wholesale Class 1C 1/10 of 1% retail 3/80 of 1% wholesale Class 1D 1/20 of 1% Class 2 3/20 of 1% retail 3/80 of 1% wholesale Class 3 3/16 of 1% retail 3/80 of 1% wholesale Class 4 1/10 of 1% and the taxes shall be paid to the City Clerk as provided by law and Ordinances for the collection of all revenues for the City of Cleveland, Tennessee. SECTION 3. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that there is also levied a special franchise privilege tax, in accordance with the provisions of Chapter 311 of the Public Acts of the 85th General Assembly of the State of Tennessee, on all public utility corporations, domestic and foreign, and which do business, own property, or operate as a public utility in the City of Cleveland, Tennessee. The base of such tax shall be determined as set forth in Chapter 311 aforesaid. The rate of said tax shall be $1.7655 for each one hundred dollars ($100.00) of assessed valuation. SECTION 4. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that it shall be unlawful for any person, firm or corporation to exercise the privileges set forth and referred to in this Ordinance before complying with the provisions of the Ordinance, and anyone exercising any of the forgoing privileges without paying the tax prescribed shall be guilty of a misdemeanor and liable to a fine on conviction of not less than $5.00, nor more than $50.00, for each such privilege which is exercised without a license, to be imposed by the City Judge of the City of Cleveland. SECTION 5. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that if any Section or part of this Ordinance shall be declared invalid or unenforceable, the invalidity of such Section or part shall not otherwise affect its validity but the remaining Sections or parts of this Ordinance shall be enforced without regard to the Section or part declared to be invalid. SECTION 6. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; however, this Ordinance shall not be the exclusive means of taxation within the City of Cleveland, Tennessee, but is in addition to any other valid Ordinances in existence at the present time by which the City may collect a tax or taxes, and this Ordinance shall take effect from and after its passage, the public welfare of the City of Cleveland requiring it. p. 122 REGULAR SESSION MAY 9, 2016 PAGE -20- MINUTE BOOK 28 Signed in Open Meeting: ____________________________________ Councilman McKenzie _____________________________________ ATTEST: Councilman Estes ___________________________ _____________________________________ Shawn McKay, City Clerk Councilman Johnson __________________________________ Councilman May APPROVED AS TO FORM: _____________________________________ Councilman Hughes /s/John F. Kimball __________________________________ City Attorney Councilman Banks ___________________________ _____________________________________ Tom Rowland, Mayor Vice Mayor Poe Councilman May moved that Ordinance No: 2016-16 be voted for passage 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: 2016-17 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 2.11, 2.22 and 4.7.3 TO CREATE PROVISIONS FOR EXISTING SALVAGE YARDS AND RECYCLING COLLECTION CENTERS WITHIN THE HIGHWAY COMMERCIAL DISTRICT; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, several salvage yards and/or recycling collection centers have been in operation in various locations along South Lee Highway within the Commercial Highway zone for the past 25 or more years; and WHEREAS, the operation of these facilities has not been in compliance with the existing land use regulations for the duration of their operation; and WHEREAS, the respective operators of these businesses and affected property owners have operated these facilities in good faith and having made a substantial investment; and WHEREAS, the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the possibility of creating an equitable remedy for these nonconforming uses; and WHEREAS, the City Council has determined this amendment would allow provisions consistent with the purpose and intent of the zoning ordinance in creating provisions which would allow compatible land uses to continue and amortize those uses which are not compatible with the surrounding uses; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.11 to read as follows: p. 123 REGULAR SESSION MAY 9, 2016 PAGE -21- MINUTE BOOK 28 2.11 CH District (Highway Commercial). 2.11.1 Uses allowed. The CH District includes the following uses: A. All Uses allowed by right in the CG District and multi-family dwellings allowed by right in the R-3 District; B. Vehicle sales, rental, service and repair, including truck stops, body shops, road services, car wash facilities, including new or used automobiles, boats, buses, farm equipment, motorcycles, trucks, recreational vehicles and mobile homes; C. Gasoline sales and service, combination gasoline sale and food marts, and similar facilities; D. [Deleted]; E. Flea markets or similar outdoor or outdoor/indoor sales complexes; F. Restaurants with or without drive-up facilities; G. Large-scale, free-standing, discount stores (often called "big-box retailers"); H. Emergency service facilities such as buildings, garages and/or dispatch centers for ambulances, fire, police and rescue; I. Veterinary offices and clinics, with or without outside kennels or runs; J. Transmission towers, microwave towers, water towers, and the like. (as amended by Ord. #20, March 2002) K. Any junkyard and/or recycling center business in operation as of January 1, 2015 pursuant to the requirements of section 2.22 of the zoning ordinance. Section 2. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.22 to read as follows: 2.22 Existing Salvage Yards and/or Recycling Center Business within the CH Zone A. For the purposes of this ordinance, junkyards yards and recycling centers are defined in Section 1.6 Definitions. It is the intent of this section to provide for conditions for the continuance of recycling collection centers and the amortization of salvage yards within the Commercial Highway zone. B. All areas which my hold, store, sort, or receive any materials or goods for the purposes of supporting a salvage yard or recycling center business must be screened so that the operation is not visible form the front or side view of the property. This includes the requirements of section 13-205 of the municipal code. C. Notwithstanding the provisions of section 4.7 of the zoning ordinance, no existing salvage yard or recycling center business shall be allowed to continue if it ceases operations or activity for a period of 90 days. For the purposes of this ordinance, cease operations shall be also be constituted by the termination of any business licenses by any business owner. Nor may any such license be transferred to any different individual or corporation for continuance of operation. D. Any case in which a salvage yard or recycling center business shall operation cease, in no circumstance may it be allowed to be re-established. Section 3. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 4.7.3 to read as follows: 4.7.3 Amortization of nonconforming uses. Any salvage yard meeting the requirements of section 2.11 and continuing to operate in accordance with section 2.22 may continue for a period of 5 years from January 1, 2016. Section 4. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 5. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. p. 124 REGULAR SESSION MAY 9, 2016 PAGE -22- MINUTE BOOK 28 Section 6. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Mayor Rowland called for a motion to accept the Ordinance as written. The item dies for a lack of a motion. Councilman Banks then moved to amend Title 14, Chapter 2 of the zoning regulations by revising sections 2.11, 2.22 and 4.7.3 concerning the use and operation of Recycling Collection Centers, Salvage Yards and the like within the Commercial Highway Zoning District and that revision would be that these two non-conforming businesses be given two years from today’s date and otherwise amortize that time over two years so they can come into compliance with their existing zoning code and that is conditioned upon them signing releases that benefit the City of Cleveland on any misunderstandings to what duties and rights the respective parties had in opening a business and if they don’t want to sign the release they be given 90 days to come in compliance and if they don’t action be taken in a nature of order of cease and desist. The motion was seconded by Councilman May. Councilman Estes asked Attorney Travis Henry to explain the difference between salvage versus recycling. Mr. Henry stated both terms are defined, taken from the Tennessee Code Annotated. Our zoning ordinances uses the exact language referring to junk yard and junk yard includes salvage yard which deals with large automobiles and scrap metal. Councilman May stated a salvage yard is actually a junk yard. Mr. Henry stated yes. It is defined in our code and in TCA as junk yard which includes processing scrap metal, discarded good, materials, machinery, inoperable vehicles, and excludes recycling. There is a separate definition for recycling which means storing, keeping, buying, selling newspaper, used food or beverage containers for the purpose for reusing those products. Councilman Estes asked if the motion was looking at these the same or separate, so a two year window for both. Councilman Banks stated yes. Mr. Henry asked if you want to have the same language for screening and if they cease operations within the two years. Councilman May stated he didn’t feel you had to worry about screening if you’re operating under what it’s zoned for. Mr. Henry stated during the two years. Councilman Banks stated leave the existing screening up, so they don’t incur additional expense. He then amended the motion to include the screening. The amendment was seconded by Councilman May. Ms. Dagata stated I sit here and listen to you people playing with my life like it means nothing. Like it is a game. Mr. Brown has made it sound like someone could move next door and build another recycle center when this attorney, in the options, if you read them, all of them said no others can be considered, just these two. I do think it was a real slick move when you brought up the amendment and immediately changed it to two years. I’ve never seen anything that slick but I do understand it. This is our livelihood. You are talking about a gateway community and you are telling me that you are going to have every business along that road torn down and build something new. Our business is certainly not the worst looking one. We have screens and gates. Yes, there are lots of times you are waiting on a pickup and yes, our business is growing and you can tell it. He may steal from us, but he will never earn it. This is crazy. What happened to the Constitution that gives me a right to earn my living? You sent these people to the Planning Commission to come up with options and they voted on an option. Somewhere along the way you guys got together and decided well, let’s not give them the five years, let’s give them two years. Councilman May stated I haven’t gotten together with anyone. Ms. Dagata continued she tried to contact Councilman May, because they live in his district and he wouldn’t even talk to her. Councilman May questioned when she called. Ms. Dagata stated after they got the first letter a year ago in July. Councilman May replied I spoke to you that day when you called. Ms. Dagata responded you said you didn’t have time to go into it. The only person who came to talk to us Councilman McKenzie because the work area is in his district. We worked hard for twenty-five years and you want to take my business and give it to someone else who just walks in and happens to have a lot of money. What is wrong with you? Do you not believe in karma, what goes around comes around. It will come back to you one p. 125 REGULAR SESSION MAY 9, 2016 PAGE -23- MINUTE BOOK 28 way or another, whether it’s you, your kids or your grandkids. It always does. What makes you think you can treat people this way. Councilman Banks stated so the record will reflect we are sworn in to up hold the ordinances of the City of Cleveland. Ms. Dagata stated that is not true. You allowed an apartment complex to be built in a subdivision because someone accidently issued them a permit. Well, someone accidently issued us a permit to do our business twenty-six times. Councilman Banks continued we have a duty for all citizens to keep the values of property up and in my opinion, and you can disagree, a salvage yard on a major commercial highway lessens the value of the real estate around it and that is why we have laws that say you have to have it in a certain place and be regulated. I’m sorry ma’am that’s the law and we are duly bound to uphold it. Ms. Dagata stated there are a lot of laws you don’t hold people to. We can deal with the five years. We’ll have to. We are sixty-eight. But two years is not fair. I realize that was real quick and it was good but five years is what you really need. I am asking you now someone please stand up for a working person instead of the rich people. Mr. Brown stated he would like to address the screening issue. As you can see there is no screening at the other location and the proposal would force one group to put up a screen and the other to keep the screening. I would just point out that the screen only covers the bottom of the trailers that attach to semis to be hauled out so the contents are visible from the road. We would suggest another screen might be appropriate but would leave that to your discretion. Councilman Banks stated he will stick with his motion as stated. Mayor Rowland stated he has known Councilman Banks a long time and I don’t see anything slick about what he did. He presented his conscience, made a proper motion and it was accepted. Councilman Banks stated he feels this is a compromise because technically you have to shut down tomorrow under the existing law. Ms. Dagata stated the Planning Commission voted on the plan they felt was best, to let us have five years and Mr. Brown gets up, starts talking and it was just like magic and the next thing out of your mouth was a different proposal that nobody else had heard of until a few minutes ago. Mayor Rowland asked for roll call. Upon roll call the motion unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-42 WHEREAS, the City of Cleveland is in the process of constructing the Local Interstate Connector (LIC) North Project; and WHEREAS, the City of Cleveland has attempted unsuccessfully to acquire ownership of a parcel of property from some property owners which is necessary in order to move forward with the project; and WHEREAS, the property that the City needs to acquire is generally identified as Tract 6 for the LIC North Project; and WHEREAS, the City Council of the City of Cleveland desires to approve the eminent domain proceedings by the City of Cleveland to acquire ownership of this parcel of property which is necessary to proceed with the LIC North project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City's legal representatives be, and hereby are, authorized to institute eminent domain proceedings in order to acquire ownership the property described herein. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution No: 2016-42 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. p. 126 REGULAR SESSION MAY 9, 2016 PAGE -24- MINUTE BOOK 28 The following change order for Stuart Road project was presented. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda Carroll DATE: May 4, 2016 SUBJECT: Change Order #1 - Stuart Road Project Change Order #1 was submitted and approved by TDOT to change the vehicle detection from a loop detection system to radar detection located at the Michigan Avenue traffic light. This change order totaled $24,809.01. The original contract amount was $959,904.65. The new contract amount will be $984,713.66. The City’s share of the $24,809.01 will be $4,961.80, which is 20%. Councilman Banks moved that change order #1 be approved. The motion was seconded by Hughes; and upon roll call, unanimously passed. Mayor Rowland stated Stuart Road is beautiful and is smooth. The following Resolution was then presented in full: RESOLUTION NO: 2016-43 A RESOLUTION CONSENTING TO THE HEALTH AND EDUCATIONAL FACILITIES BOARD OF THE CITY OF CLEVELAND NEGOTIATING AND ACCEPTING FROM ALCO SPRINGBROOK PARTNERS, L.P. PAYMENTS IN LIEU OF AD VALOREM TAX WITH RESPECT TO A LOW AND MODERATE-INCOME HOUSING FACILITY TO BE ACQUIRED AND RENOVATED IN CLEVELAND, TENNESSEE, AND FINDING THAT SUCH PAYMENTS ARE DEEMED TO BE IN FURTHERANCE OF THE PUBLIC PURPOSES OF THE BOARD AS DEFINED IN TENNESSEE CODE ANNOTATED SECTION 48-101-312. WHEREAS, the City Council (the "Governing Body") of the City of Cleveland, Tennessee (the "City") has met pursuant to proper notice; and WHEREAS, the City has previously authorized the incorporation of The Health and Educational Facilities Board of the City of Cleveland (the "Board") as a public nonprofit corporation duly organized and existing under the provisions of Chapter 101, Title 48 of the Tennessee Code Annotated; and WHEREAS, Alco Springbrook Partners, L.P. (the "Company") has requested the Board to hold ownership of certain land upon which a housing facility for low and moderate-income persons will be located in the City, along with the improvements and certain personal property to be located thereon (herein referred to as the "Project"); and WHEREAS, as a part of such discussions, the Company has requested that the Board own the Project and lease the same to the Company or any affiliate of the Company under an arrangement whereby the Company or any affiliate of the Company will make payments in lieu of ad valorem taxes; and WHEREAS, Tennessee Code Annotated Section 48-101-312 authorizes the City to delegate to the Board the authority to negotiate and accept from the lessees of the Board payments in lieu of ad valorem tax upon the finding that such payments are deemed to be in furtherance of the public purposes of the Board as defined in said Code Section; and WHEREAS, the Board, acting at its May 3, 2016 meeting, has unanimously approved a motion (i) recommending the Project’s request in accordance with the term hereinafter described and (ii) requesting consent of the Governing Body to the negotiation of such an agreement by the Board; and p. 127 REGULAR SESSION MAY 9, 2016 PAGE -25- MINUTE BOOK 28 WHEREAS, the acquisition, rehabilitation and equipping of the Project would enhance the availability of affordable housing in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, as follows: 1. The Governing Body hereby finds that the negotiation and acceptance by the Board from the Company or any affiliate of the Company of payments in lieu of ad valorem taxes consistent with this resolution are deemed to be in furtherance of the public purposes of the Board as defined in Tennessee Code Annotated Section 48-101-301, and the City hereby consents to the Board negotiating and accepting such payments in lieu of ad valorem taxes from the Company with respect only to ad valorem taxes that could be assessed on the tax credit received by the Company on the tax-credit housing project as defined by Tennessee Code Annotated Section 48-101-312(b)(4)(B). 2. The terms of the agreement between the Board and the Company concerning payments in lieu of ad valorem taxes shall be determined by the Board, provided, however (i) the term of the payment in lieu of taxes shall not exceed ten (10) years commencing in 2017; and (ii) the annual payment in lieu of taxes shall not be less than the ad valorem taxes that would be payable with respect to the Project if the value of federal low-income housing tax credits were not taken into account in determining ad valorem property taxes; and (iii) the agreement shall provide that should the Project fall out of compliance with the terms of the low-income housing tax credit use restrictions the agreement shall terminate; and (iv) the agreement shall provide that the lease cannot be assigned by the Company to another party without the prior written consent of the governing body and the Board. 3. The Board's agreement with the Company concerning payments in lieu of ad valorem taxes may provide that any ad valorem taxes paid by the Lessee to any taxing jurisdiction with respect to its leasehold interest in the Project shall constitute a credit against the payments in lieu of ad valorem taxes due such taxing jurisdiction. 4. The Board's agreement with the Company concerning payments in lieu of ad valorem taxes may contain such administrative provisions not inconsistent with this resolution as the Board deems appropriate. 5. All other resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. Adopted and approved this 9th day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk STATE OF TENNESSEE) COUNTY OF BRADLEY) I, Shawn McKay, hereby certify that I am the duly qualified and acting City Clerk of the City of Cleveland, Tennessee, and as such official I further certify that attached hereto is a copy of excerpts from the minutes of a regular meeting of the governing body of the municipality held on May ___, 2016; that these minutes were promptly and fully recorded and are open to public inspection; that I have compared said copy with the original minute record of said meeting in my official custody; and that said copy is a true, correct and complete transcript from said original minute record. WITNESS my official signature and seal of said Municipality this _____ day of May, 2016. ____________________ City Clerk p. 128 REGULAR SESSION MAY 9, 2016 PAGE -26- MINUTE BOOK 28 Councilman Estes moved that Resolution No: 2016-43 be accepted with a direction to the Health & Facilities Board that this be made directly with Alco and no one else and if it changes ownership anytime then the Pilot would end immediately. The motion was seconded by Councilman Banks. Councilman McKenzie stated this is for ten years. Councilman Banks asked what if the County sues us for taking their tax dollars. Ginger Buchanan stated there is a statute that was passed. Councilman Banks asked if the motion could be amended to say if litigation became involved the Pilot would end. Councilman Estes stated we are helping low and moderate income housing and residents of Cleveland. We’re going to get the same amount of money for the next ten years and once the project is done our taxes will increase. Councilman Banks asked Mr. Burbank if they would look at the Cherokee Hotel and see what can be done there. Mr. Burbank stated they would love to take a look. Upon roll call the motion was unanimously approved. ANNOUNCEMENTS Mayor Rowland announced Janice Casteel’s retirement party will be May 31 from 3:30 to 6:30 at the Museum Center. The City Council thanked Will Jones for participating and being Mayor of the Day. There being no future business the meeting was adjourned at 4:58 p.m. _________________________________ ______________________________ Mayor City Clerk