Cleveland City Council

p. 199 REGULAR SESSION JULY 25, 2016 3:00 P.M. MINUTE BOOK 28 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JULY 25, 2016 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Councilmen Charlie McKenzie, Avery Johnson, David May, Jr., Dale Hughes, Richard Banks and Vice Mayor George Poe. Councilman Bill Estes was absent from the meeting. Others in attendance according to the sign-in sheet were as follows: Interim City Manager Melinda Carroll; Assistant City Manager/CFO 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; Ken Webb and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry and Gary Farlow with the Chamber of Commerce; Smit and Dipen Patel; Rafael and Rosanne Santiago; Neil Thompson; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Neil Thomason with Living Word Church, 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 July 11, 2016 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mr. Rafael Santiago addressed the City Council concerning a boxing program he is offering to youth called 5 Point Boxing, located on 1st Street NE. The program instills discipline, self- control, honor, value and self-confidence in the youth. He spoke about the importance of guiding the youth of today and asked for support from the City Council and the possibility of a much larger space. He would like to speak to Chief Gibson and Sheriff Watson to work together in the community and teach kids to show respect to Law Enforcement. Four days a week he works with a program in the Juvenile Court system and sees youth consistently come in and out because there is not much interest for them. Mayor Rowland suggest he meet with Chief Gibson and Office Evie West and commended him on what he is doing in the community. Councilman Johnson stated a program like this can really turn a child’s life around and hopes it is successful and will help any way he can. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Resolution No: 2016-71 – Authorizing the Mayor to sign an MOU with Cleveland Housing Authority for purchase of a canine. RESOLUTION NO. 2016-71 WHEREAS, representatives of the Cleveland Police Department have been in discussion with representatives of the Cleveland Housing Authority (hereafter "CHA") about the purchase of a canine for the Cleveland Police Department by the CHA; and WHEREAS, in connection with this project, the CHA and the CPD have prepared the attached Memorandum of Understanding (hereafter "MOU") between the City and the CHA for this purpose; and p. 200 REGULAR SESSION JULY 25, 2016 PAGE -2- MINUTE BOOK 28 WHEREAS, the MOU generally provides that the Cleveland Housing Authority will purchase a canine for the Cleveland Police Department for the purpose of law enforcement relating to illegal drug activities; and WHEREAS, the Chief of Police is recommending to the City Council that the City enter into this MOU with the CHA; and WHEREAS, the City Council desires to approve of the MOU with the CHA; and WHEREAS, the City Council further desires to authorize the Mayor to execute the MOU 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 MOU between the City of Cleveland and the CHA. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the MOU with the CHA on behalf of the City. [on file in the City Clerk’s Office.] This 25th day of July, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-72 – Authorizing the Mayor to sign a grant application for the 2016 Georgia-Pacific Bucket Brigade Grant in the amount of $8,300 to be used to purchase hose and coupling equipment (City Match $3,300). RESOLUTION NO: 2016-72 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2016 GEORGIA-PACIFIC BUCKET BRIGADE GRANT WHEREAS, the City Council of the City of Cleveland, Tennessee desires to provide the best equipment with the goal of enhancing and improving safety for the firefighters and public in Cleveland; and, BE IT THEREFORE RESOLVED by the City Council that the Mayor be and hereby is authorized to submit an application, including all the understanding and assurances contained therein, to the Georgia-Pacific Bucket Brigade Supporting Local Firefighters Program for the 2016 Georgia-Pacific Bucket Brigade Grant funding. Said grant funding shall be used to purchase hose and coupling equipment on one fire apparatus to replace the current equipment which has surpassed its recommended lifespan. The total cost of the project will be $8,300 which includes the City’s matching funds of $3,300. If said grant is approved and the Mayor is hereby designated as Cleveland’s representative to act in connection with the application and to provide additional information as may be required; BE IT FURTHER RESOLVED that the City of Cleveland agrees to provide the 30 percent required match for said grant. Adopted this 11th day of July, 2016 p. 201 REGULAR SESSION JULY 25, 2016 PAGE -3- MINUTE BOOK 28 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-73 - Declaring intent to reimburse ourselves for certain expenditures for city projects with the proceeds of notes, bonds or other loans. RESOLUTION NO: 2016-73 RESOLUTION EXPRESSING OFFICIAL INTENT THAT CERTAIN EXPENDITURES TO BE INCURRED IN CONNECTION WITH CERTAIN PUBLIC WORKS PROJECTS FOR THE CITY AND RELATED EXPENDITURES BE REIMBURSED FROM PROCEEDS OF NOTES, BONDS, OR OTHER INDEBTEDNESS TO BE ISSUED BY THE CITY OF CLEVELAND, TENNESSEE WHEREAS, the City of Cleveland, Tennessee (the "City"), is in the process of causing certain capital expenditures to be made with respect to certain public works projects, consisting of infrastructure at the Spring Branch Industrial Park, construction of a new fire station and the acquisition of equipment for the Fire Department, the acquisition and installation of a City-wide computer, email, and GIS system, the acquisition of a police command post, and parks and recreational improvements, including Tinsley Park tennis courts and paving and soccer complex paving, including, but not necessarily limited to, planning, design, and architectural expenses (the "Project"); and, WHEREAS, the City Council (the "Council"), of the City desires to establish its official intent that certain of the expenditures related to the Project and certain other related expenditures be reimbursed out of notes, bonds, or other indebtedness to be issued in the future by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, as follows: Section 1. The Council hereby finds and determines, as follows: (a) that it is in the best interest of the City to proceed immediately with the Project, thereby incurring certain capital expenditures; (b) that the City has certain funds available which may be used temporarily for this purpose, pending the issuance of bonds, notes, or other indebtedness of the City; (c) that the Council anticipates that the City will issue its bonds, notes, or other indebtedness for the purpose of financing the Project; (d) that the Council reasonably expects to reimburse such amounts to such fund or source from which such expenditures may be made on a temporary basis as soon as proceeds from the issuance of such bonds, notes, or other indebtedness are available; and, (e) that this declaration of official intent is consistent with the budgetary and financial circumstances of the City. Section 2. The Council of the City hereby establishes its official intent to issue bonds, notes, or other indebtedness to finance the costs of the Project and other related expenditures in an amount not to exceed $7,700,000. Pending the issuance of such bonds, notes, or other indebtedness, funds necessary to finance a portion of such costs shall be advanced from such source of funds on hand and available for such purpose, and any amounts so advanced shall be reimbursed from the proceeds of the tax-exempt bonds, notes, or other indebtedness when issued. Section 3. The City will comply with the applicable State or local law governing the public availability of records relating to its official acts with respect to this Resolution. p. 202 REGULAR SESSION JULY 25, 2016 PAGE -4- MINUTE BOOK 28 Section 4. All actions of the officers, agents, and employees of the City that are in conformity with the purposes and intent of this Resolution whether taken before or after the adoption hereof, are hereby ratified, confirmed, and adopted. Section 5. This Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 25th day of July, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Poe moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland reminded everyone of the ribbon cutting for LifeForce on August 17 at noon at the Cleveland Regional Jetport. Councilman May inquired about the house at Willow and Harle and if the inside of the house had been inspected. Mr. Jobe stated Bryan Turner did inspect the home and because of the amount of water damage we are waiting for a structural engineer to further inspect it. We will have an update at the next meeting. Councilman Hughes stated Pastor Maloney was looking for Chief Gibson at Sunday’s service. Ms. Carroll showed the City Council photos of the work Public Works has done on the Willow Greenway extension. They have done a terrific job. Mayor Rowland then asked if Bradley County was involved in the grant the City just received for the Greenway Stage lighting and sound system. Ms. Carroll stated no. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NUMBER 2016-27 AN ORDINANCE TO AMEND TITLE 8, CHAPTER 2, SECTION 8-210 OF THE CLEVELAND MUNICIPAL CODE RELATIVE TO BEER PERMITS TO ADD A NEW CLASSIFICATION OF BEER PERMIT WHEREAS, the City Council desires to amend Title 8, Chapter 2, Section 8-210 of the Cleveland Municipal Code to create a new classification of beer permit to be called a craft beer restaurant permit and to add a new subsection to be numbered 8-210(6) for this type of permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED, THAT: Section 1. Title 8, Chapter 2, Section 8-210 of the Cleveland Municipal Code is amended by adding the following language to become a new subsection numbered 8-210(6): p. 203 REGULAR SESSION JULY 25, 2016 PAGE -5- MINUTE BOOK 28 8-210 (6). Craft Beer Restaurant Permit (a) Definitions. As used in this subsection, the following definitions shall apply: (1) "Craft beer restaurant" shall mean a restaurant whose business includes the retail sale of craft beer manufactured on the premises. (2) "Craft beer" shall mean beer manufactured by on the premises by a craft beer restaurant permit holder for consumption on the premises of the craft beer restaurant. (b) Class 6 Craft Beer Restaurant Permit. A Class 6 Craft Beer Restaurant Permit shall be issued for the manufacture of craft beer on the premises. A Class 6 Craft Beer Restaurant Permit allows consumption of beer only on the premises. (c) Requirements. To qualify for a Class 6 Craft Beer Restaurant permit, a craft beer restaurant must, in addition to meeting the other regulations and restrictions of Title 8, Chapter 2 of the Cleveland Municipal Code: (1) Be primarily a restaurant or an eating place; and (2) Be able to seat a minimum of thirty (30) people, in booths and at tables, in addition to any other seating it may have; and (3) All seating must be part of the premises. In case of any outdoor seating, the outdoor seating area must be accessible from the inside of the restaurant or eating place and the outdoor seating area must have some type of enclosure around it, such as a wall or fencing. Seats in an open air or patio area shall not count toward meeting the requirement of thirty (30) interior seats required for this category of permit; and (4) In addition to the requirements of subsections 8-210(6)(c)(1) through (6)(c)(3), the monthly beer sales of any establishment which holds a Class 6 Craft Beer Restaurant Permit shall not exceed fifty percent (50%) of the monthly gross sales of the establishment. As used herein, the term "gross sales" means all retail sales of the permit holder plus any applicable taxes. As used herein, the term "beer sales" includes all retail beer sales plus any taxes applicable to beer sales. All Class 6 Craft Beer Restaurant permit holders shall submit quarterly sales reports to the City of Cleveland on forms provided by the city to assure that the Class 6 permit holder is in compliance with the provisions of this section. The city will keep these forms in the permit holder's individual business tax file so that the confidentiality required by Tennessee Code Annotated, § 67-4-722 may be maintained. The reports shall comply with the following schedule: PERIOD REPORT DUE DATE January-March April 20 April-June July 20 July-September October 20 October-December January 20 If the monthly beer sales for any Class 6 beer permit holder exceed 50% of the monthly gross sales of the permit holder for either three consecutive months during one calendar year or for any four months in any one calendar year, the Class 6 permit of such permit holder may be suspended or revoked by the beer board. In the alternative, and in lieu of suspension or revocation of the permit, the beer board has the discretion to impose a civil penalty in lieu of suspension in accordance with the terms of Cleveland Municipal Code § 8-216. p. 204 REGULAR SESSION JULY 25, 2016 PAGE -6- MINUTE BOOK 28 Section 2. This ordinance shall take effect from and after its final passage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Ordinance No: 2016-27 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, Councilmen Banks, May, Johnson and Vice Mayor Poe voted aye. Councilmen Hughes and McKenzie voted no. The motion passed 4:2. The following Ordinance was then presented in full: ORDINANCE NO: 2016-28 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING TITLE 5, CHAPTER 4, SECTION 5-401 OF THE CLEVELAND MUNICIPAL CODE RELATING TO PURCHASING WHEREAS, Title 5, Chapter 4 of the Cleveland Municipal Code contains the municipal code sections entitled Purchasing Division and Procedures; and WHEREAS, the introductory paragraph of Section 5-401 of the Cleveland Municipal Code needs to be updated to reflect the organizational chart and structure approved by the City Council on July 11, 2016 via Resolution 2016-69, since the Assistant City Manager/Operations also serves as the City's Purchasing agent; and WHEREAS, the City Council now desires to amend the introductory paragraph of Title 5, Chapter 4, Section 5-401 of the Cleveland Municipal Code to reflect this change. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1. That Title 5, Chapter 4, Section 5-401 of the Cleveland Municipal Code is hereby amended to read as follows: 5-401. Powers and duties of the Purchasing Agent. "The purchasing agent shall possess the following powers and perform the following duties under the general supervision of the city clerk City Manager:" Section 2. That this Ordinance shall become effective 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 Johnson moved that Ordinance No: 2016-28 be voted for passage on first reading. The motion was seconded by Councilman Banks, and upon roll call, unanimously passed. p. 205 REGULAR SESSION JULY 25, 2016 PAGE -7- MINUTE BOOK 28 ANNOUNCEMENTS Ms. Carroll stated the City has been awarded the 2016 TNECD Tourism Enhancement Grant for $50,000 to be used for Greenway Stage lighting and sound system. Mayor Rowland then read the following letter from Sheriff Watson: There being no future business the meeting was adjourned at 3:20 p.m. _________________________________ ______________________________ Mayor City Clerk