Cleveland City Council

p. 193 REGULAR SESSION JULY 11, 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, JULY 11, 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: Interim City Manager Melinda Carroll; Finance Director/City Clerk Shawn McKay; City Attorney John Kimball; Sue Zius, Assistant to the Mayor/Legislative Liaison; Christy Bryant, Support Services Manager, Fire Chief Ron Harrison; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, Director of Public Works; Parks and Recreation Director Patti Petitt; Police Chief Mark Gibson; Dan Hartman, Assistant Director of Parks and Recreation; Kris Miller, IT Director; Kim Spence, Safety and Wellness; Ken Webb and Tad Bacon with Cleveland Utilities; Doug Berry and Gary Farlow with the Chamber of Commerce; Tom Cate; Jimmy Morse; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Johnson, the following business was then entered into: WAIVE READING OF MINUTES Councilman Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on June 27, 2016 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Final Passage - Ordinance No: 2016-22 – heretofore passed on first reading June 27, 2016 and found in Minute Book 28, Page 174; amending Title 8, Chapter 2, Section 8-209(1) of the Municipal Code to increase the number of Class 2 beer permits from 10 to 12.  Final Passage - Ordinance No: 2016-23 – heretofore passed on first reading June 27, 2016 and found in Minute Book 28, Page 174; amending Title 8 of the Municipal Code to add a new chapter relative to wine sales in retail food stores including the establishment of a new municipal inspection fee upon retail food store wine licensees.  Final Passage - Zoning Ordinance No: 2016-24 - heretofore passed on first reading June 27, 2016 and found in Minute Book 28, Page 178; rezoning approximately 13.95 acres located downtown along Edwards St NE, Central Ave NE, Edwards St SE, Church St, 1st St NE, 2nd St SE, 3rd St SE and Euclid St SE from IH Heavy Industrial Zoning District to CBD Central Business District Zoning District (Planning Commission: Approved 8-0).  Final Passage - Zoning Ordinance No: 2016-25 - heretofore passed on first reading June 27, 2016 and found in Minute Book 28, Page 178; rezoning 6 acres located at Victory Dr SW, Phillips St NW and Jacobs Ave SW from R4 Mobile Home Park District to MU Mixed Use Zoning District (Planning Commission: Approved 8-0).  Final Passage - Zoning Ordinance No: 2016-26 – heretofore passed on first reading June 27, 2016 and found in Minute Book 28, Page 179; rezoning 18.7 acres located at North Lee Highway and Tasso Ln from CH Commercial Highway District to Planned Unit Development (PUD 12) (Planning Commission: Approved 8-0).  Motion – Declaring three vehicles from the Police Department and miscellaneous equipment from Parks & Recreation as surplus property. p. 194 REGULAR SESSION JULY 11, 2016 PAGE -2- MINUTE BOOK 28 MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: June 30, 2016 SUBJECT: Surplus Equipment I respectfully request the City Council declare the following items surplus for the Police Department and Parks & Recreation to be sold on GovDeals:  1997 CHEVROLET LUMINA - Vin #5902 - $500  1998 FORD CROWN VIC – Vin #8457 - $600  2002 FORD CROWN VIC – Vin #5138 - $950  2005 Toro Z-Master mower - $750  6 ½ x 12 Trailer - $100 These items will be placed on Govdeals with minimum bids which are listed above.  Surplus Equipment Update – Case Loader for Public Works. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: June 28, 2016 SUBJECT: Update - Surplus Equipment The City of Cleveland declared the 1999 Case 621C Loader for Public Works surplus on May 2, 2016 and to be sold on GovDeals. The Case loader sold for $25,000 and will be placed in their Capital Improvements Fund.  Resolution No: 2016-67 – Amending the authorized positions list for the FY2017 to add the positions of Municipal Court/Business Tax Clerk and Building Division Technician. RESOLUTION NO: 2016-67 A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR THE FY2017 BUDGET THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2017 City Budget. WHEREAS, this document contains the “Authorized Employees By Fund, Department, and Position Classification”. WHEREAS, the Assistant City Manager/CFO and the Development & Engineering Services Director have requested the reorganization of Business Tax responsibilities in their Departments in order to expand the support services offered by the departments. AND WHEREAS, the Interim City Manager is in support of this amendment and desires to have the City Council pass this Resolution to amend the authorized positions list for the FY2017 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: p. 195 REGULAR SESSION JULY 11, 2016 PAGE -3- MINUTE BOOK 28 Section 1. That the document entitled “City of Cleveland, Tennessee Schematic List of Classes Grouped by Grade” located on pages 382 through 385 of the FY2017 City Budget is hereby amended to add the Municipal Court/Business Tax Clerk in Salary Grade 24 and delete the Court Clerk position in Grade 22 in order to reflect the duties of this position, and that the Business Tax Inspector/Permit Clerk position be deleted from Salary Grade 25 and the position Building Division Technician be added, which is a Salary Grade 25. Section 2. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located on pages 376 through 381 of the FY2017 City Budget is hereby amended to reflect the changes included in Section 1 of this Resolution. That this Resolution shall become effective July 17, 2016 after its approval by the Cleveland City Council. Adopted this 11th day of July, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Reappointment – Historic Preservation Commission – Jo Benjamin for an additional 4-year term to expire June 2020.  Reappointment – Historic Preservation Commission – Rufus Triplett for an additional 4-year term to expire June 2020.  Appointment – Library Board – Carolyn Jackson for a 3-year term to expire June 2019. Vice Mayor Poe stated there was no opposition to the rezoning requests at the Planning Commission. He then 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 thanked Tommy Myers and his crew for their quick response in helping pick up a fallen tree during last week’s storm. Councilman Johnson also thanked Tommy Myers and the Public Works team for installing the turn lane on Georgetown Road and the sidewalks along 20th Street. The intersection is looking good. Councilman May asked City Attorney John Kimball for a list of pending lawsuits and a brief description of what’s involved. Councilman Banks asked that the following message from Mayor Rowland to the Cleveland Police Department be included in the minutes. We live in a blessed community where a person is not and should not be judged by their color or dialect. Learning from one another and understanding each other is the beginning of harmony and that starts in the home. Ignorance comes in all colors and I urge our citizens to look for the best in a person regardless of their station in life. Make bold relationships with those who we might perceive as different and I challenge all to work together to fight any injustice. Sunday afternoon dedicating the Dustin Ledford bridge was a prime example of how this community comes together to turn a tragedy into p. 196 REGULAR SESSION JULY 11, 2016 PAGE -4- MINUTE BOOK 28 something positive. Dustin's death was a senseless crime, however people of all races turned out in 90 degree temperature to support the family who were the victims. We are a blessed people who know that ultimately God is in control. Councilman Banks then thanked Chief Gibson for the good job he has done since taking over and thanks to all the officers. Seeing an officer drive past his house early one morning after what happened in Dallas, those officers don’t know what each call may hold or the dangers they may face on a daily basis. It is important to recognize them. Vice Mayor Poe asked for staff to review a complaint he received at 4003 Pineview Drive where there are excess people, vehicles, porta-potty’s, bounce houses and live music. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION NO. 2016-68 WHEREAS, the City has received the attached proposal and agreement for AirMedCare Network Municipal Site Membership from Air Medical Group Holdings, Inc. doing business as the AirMedCare Network (hereafter referred to as the AirMedCare Network); and WHEREAS, the proposal to the City Council provides for air ambulance transportation for medical necessity by LIFE FORCE or any other AirMedCare Network Provider for transports of city residents from a pickup location in Bradley County, Tennessee, subject to the standard terms and conditions of the proposal to the City which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has reviewed the proposal and now desires to accept the proposal and to enter into the attached agreement with the AirMedCare Network, and to further authorize the Mayor to execute the same 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 accept the proposal and approve of the attached agreement with Air Medical Group Holdings, Inc. doing business as the AirMedCare Network, 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 11th day of July, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Resolution No: 2016-68 be accepted as presented. The motion was seconded by Councilman Hughes. Councilman Banks then stated the City Charter requires the City Council to look after the health and wellbeing of our citizens and thinks Police and Fire protection and providing other services is important but providing medical services in a time of emergency is of upmost importance. Given the fact that some care cannot be provided by our good local hospital but need specialized care and timing is very important and critical to the health of a patient. This is money well spent and goes toward our future efforts to market the benefits of living inside the corporate city limits of Cleveland. Mayor Rowland stated another thing is we have received the $3.8 million grant from TVA to provide insulation and new HVAC units for residents of south Cleveland. Also, the $370,000 from THDA for rehab for the entire p. 197 REGULAR SESSION JULY 11, 2016 PAGE -5- MINUTE BOOK 28 City. That is over and above what we normally provide the residents. Councilman Hughes added he appreciates the reduction in cost, which was about $18,000. Councilman Estes asked if we could include something in the Cleveland Utilities bill to mention the TVA grant and what this the AirMed Care means to the residents. Ken Webb stated they can get with city staff and develop a pamphlet. Mayor Rowland asked Jimmy Morse with AirMed if this had been presented to the Bradley County Commission. Mr. Morse stated yes, it was presented twice and did not get very far. Upon roll call, Councilmen Banks, Hughes, Estes, Johnson, May and Vice Mayor Poe voted aye. Councilman McKenzie voted no. The motion passed 6:1. The following Resolution was then presented in full: RESOLUTION NO: 2016-69 A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR THE FY2017 BUDGET WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2017 City Budget; and WHEREAS, this document contains the “Authorized Employees By Fund, Department, and Position Classification”; and WHEREAS, the City Council desires to amend the position of Assistant City Manager to Assistant City Manager/Operations, with this position having the responsibility, under the direction and supervision of the City Manager, of overseeing all departments with the exception of the Finance Department, as shown on the attached Organizational Chart for the City of Cleveland and as further described in the job description attached hereto and incorporated herein by reference; and WHEREAS, the City Council is in support of this amendment and desires to approve this Resolution to amend the authorized positions list for the FY2017 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the document entitled “City of Cleveland, Tennessee Schematic List of Classes Grouped by Grade” located on pages 382 through 385 of the FY2017 City Budget is hereby amended to reflect this change. Section 2. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located on pages 376 through 381 of the FY2017 City Budget is hereby amended to reflect this change. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 11th day of July, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution No: 2016-69 be accepted as presented. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. p. 198 REGULAR SESSION JULY 11, 2016 PAGE -6- MINUTE BOOK 28 The following Resolution was then presented in full: RESOLUTION NO: 2016-70 WHEREAS, Section 18-114(4) of the Cleveland Municipal Code provides: (1) Notwithstanding the provisions of sections 18-114 (1) through (3), or any other ordinance of the City, if the City Council determines, based on a review by Cleveland Utilities and City staff, that extension of sewer or sewer connection outside of the city limits is appropriate for reasons of practical system design, environmental necessity, or economic benefit to the citizens of Cleveland, the City Council may approve such extension or connection or approve it with conditions. WHEREAS, Section 18-114(4) of the Cleveland Municipal Code allows sewer service to be extended outside the corporate limits of Cleveland in cases of economic benefit to the citizens of Cleveland; and WHEREAS, the City Council has received a request from Bradley-Cleveland Industrial Development Board requesting sewer service be extended to a total of 20.09 acres located off Haney Road near the Wacker Polysilicon facility in Charleston, TN as set forth in the documents attached hereto and more specifically identified as lots 3, 4, and 5 of the Hiwassee River Industrial Park as shown on the attached plat dated 06-05-2016; and WHEREAS, this request is supported by Cleveland Utilities as set forth in the documents attached hereto from Cleveland Utilities; and WHEREAS, the City Council desires to pass this Resolution, pursuant to Section 18-114(4) of the Cleveland Municipal Code, to authorize sewer service to the property be extended to the 20.09 acres located off Haney Road near the Wacker Polysilicon facility in Charleston, TN as set forth in the documents attached hereto and more specifically identified as lots 3, 4, and 5 of the Hiwassee River Industrial Park as shown on the attached plat dated 06-05-2016. 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 extension of sewer service to the 20.09 acres located off Haney Road near the Wacker Polysilicon facility in Charleston, TN as set forth in the documents attached hereto and more specifically identified as lots 3, 4, and 5 of the Hiwassee River Industrial Park as shown on the attached plat dated 06-05-2016. This 11th day of July, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2016-70 be accepted as presented. The motion was seconded by Vice Mayor Poe; and upon roll call, Councilmen May, Estes, Johnson, Hughes, Banks and Vice Mayor Poe voted aye. Councilman McKenzie voted no. The motion passed 6:1. There being no future business the meeting was adjourned at 3:13 p.m. _________________________________ ______________________________ Mayor City Clerk