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Cleveland City Council

Regular Meeting

Cleveland, TN · August 22, 2016

AgendaMinutes

Minutes

p. 230 REGULAR SESSION AUGUST 22, 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, AUGUST 22, 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 and Richard Banks. Vice Mayor George Poe was absent from the meeting. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/Operations 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, Beverley Lindsey, Executive Secretary II; Fire Chief Ron Harrison; Bryan Turner, Building Official; Tommy Myers, Director of Public Works; Parks and Recreation Director Patti Petitt; Police Chief Mark Gibson; Kris Miller, IT Director; Brian Moran, Social Media; Ken Webb, Tim Henderson and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry and Gary Farlow with the Chamber of Commerce; Curtis Harrington with Best Brands, Inc.; Jerry Franitza; Scott Neill; Keith Barrett; Rick Smith; Ty Bramlett; Hazel Spain; Desiree Colin; NaCole Massengill; LaManda Bowers; Chuck and Jo Haney; Terry McCoy; Floyd Chastain; Julian Sullivan; Greg Thomas; Tom Cate; School Board Members Tom Cloud; Dawn Robertson and Charlie Cogdill; Hal Taylor; School Director Dr. Russell Dyer; Gail Perry with the Chattanoogan.com; 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 August 8, 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 Mayor Rowland read the following proclamation and presented Jerry Franitza with his own street sign. “J E R R Y F R A N I T Z A D A Y” Whereas, Jerry Franitza first became involved with Habitat for Humanity of Cleveland in 1996 as a volunteer, working at Eaton Corporation at the time, he volunteered to take time on a project supervising other volunteers installing siding on a Habitat home; and . . . . Whereas, Habitat for Humanity of Cleveland was incorporated by the State of Tennessee and with Habitat for Humanity International in the fall of 1990; and . . . . Whereas, Jerry became the first paid construction director in 2002, and has supervised the construction of over 100 homes in our community; and . . . . Whereas, he plans to continue his involvement with Habitat of Cleveland as a volunteer and mentor for new Construction Director Tyler Bramlett; NOW THEREFORE, I, Tom Rowland, Mayor of the City of Cleveland, Tennessee do hereby proclaim Monday, August 22, 2016 as ‘JERRY FRANITZA DAY” in recognition of his devotion, wisdom, leadership and hard work towards fulfilling the mission of Habitat for Humanity of Cleveland, serving the City of Cleveland and all of Bradley County, AND FURTHER, the street in Victory Cove, a Habitat Development, will be known as Franitza Way, SW in honor of Jerry Franitza. p. 231 REGULAR SESSION AUGUST 22, 2016 PAGE -2- MINUTE BOOK 28 Mayor Rowland stated the Finance Department of the City of Cleveland has received the Certificate of Achievement for Excellence in Financial Reporting Award. This is the twenty- eighth consecutive year. He then presented Assistant City Manager/CFO Shawn McKay, Assistant City Manager Melinda Carroll, City Manager Joe Fivas, City Accountant Amy Newman and Auditor Mark Lay with the audit award for Fiscal Year 2015. Mayor Rowland then presented the Municipal Management Academy Supervisory Training Certificates for Level 1 to Beverley Lindsey and Kim Spence. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda. • Final Passage - Zoning Ordinance No: 2016-29 – heretofore passed on first reading August 8, 2016 and found in Minute Book 28, Page 225; zoning 0.52 acres located on Tasso Lane from the unincorporated county into a Planning Unit Development (PUD12) Zoning District (Planning Commission: Approved 7-0; 2 members absent). • Final Passage - Ordinance No: 2016-30 – heretofore passed on first reading August 8, 2016 and found in Minute Book 28, Page 227; amending Title 14, Chapter 2, Section 2.21.4 of the Zoning Regulations to revise the requirements for Planning Commission approval within the Inman Street East Zoning District (Planning Commission: Approved 7-0; 2 members absent). • Reappointment – Vacant Property Review Board – Verrill Norwood for an additional two-year term to expire May, 2018 • Reappointment – Vacant Property Review Board – Duane Gilbert for an additional two-year term to expire May, 2018. • Reappointment – Plumbing Board – Brian Sells for an additional five-year term to expire April, 2021. • Appointment – Plumbing Board – Alan Colloms for a five-year term to expire April, 2021 (Replacing Sydney Crandall). Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman Banks; and upon roll call, the motion unanimously passed. Councilman Banks moved to appoint Robbie Garrison to the Cleveland Airport Authority when Mike McCoy’s term expires. The motion was seconded by Councilman Johnson; and upon roll call, unanimously passed. Councilman Banks moved to appoint newly elected Councilmember Tom Cassada to the Museum Board as the City Council representative effective September 13. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Mayor Rowland stated he is reappointing to the Shade Tree Board Matt Coleman, Milan Blake, Dennis Epperson and Ken Webb all for an additional two-year term. p. 232 REGULAR SESSION AUGUST 22, 2016 PAGE -3- MINUTE BOOK 28 Mayor Rowland then read the following letter from Terry Henry regarding Public Works employee Christi Long. UNFINISHED BUSINESS Councilman May moved that Ordinance No: 2016-31 - amending Title 8, Chapter 2, Section 8-210 to add a new class of beer permit called Non-consumption Wholesaler Permit; heretofore passed on first reading on August 8, 2016 and found in Minute Book 28, Page 228 be voted for passage on final reading. The motion was seconded by Councilman Banks. Upon roll call, Councilmen May, Banks, Estes and Johnson voted aye. Councilmen McKenzie and Hughes voted no. The motion passed 4:2. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Banks stated he was hoping Vice Mayor Poe would be present today to say a few words about his service to the community. He then moved, for historical purposes, that City staff compile a list of Vice Mayor George Poe’s accomplishments as far as volunteering in the community and giving his service to the City of Cleveland. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman George Poe, Jr. deserves to be recognized for some of the many accomplishments that he helped to achieve during his 16 years as Councilman, two years as Vice Mayor. He served on many boards and commissions throughout the years; Cleveland Urban Area Metropolitan Planning Organization , Chamber of Commerce Economic Development Committee, Cleveland Animal Shelter Advisory Board, Fort Hill Cemetery Board, Cleveland Emergency Shelter for the Homeless, Cleveland Shade Tree Board, Behavioral Research Institute Board, Cleveland Municipal Planning Commission, Cleveland/Bradley Community Services Board, and Tennessee Rehabilitation Center. p. 233 REGULAR SESSION AUGUST 22, 2016 PAGE -4- MINUTE BOOK 28 Poe is a former member of the Cleveland/Bradley Civil Defense Fire Department, Cleveland/Bradley Rescue, Cleveland Volunteer Fire Department and Cleveland Fire Department. He was named volunteer of the year by Cleveland Fire Department and on three separate occasions by Bradley County Fire and Rescue; he recently received the public service award at the Community First Awards Gala which benefited the Cleveland State Community College Foundation, and was voted Republican Man of the Year in 2012. The growth in the property tax base has helped fund new construction such as Cleveland High School addition, Cleveland High School Arena Cleveland Middle School, Mayfield Elementary School, Spring Branch Industrial Park, Cleveland Police Service Center, Mosby Park Swimming pool and South Cleveland Community Center swimming pool as well as Exit 20, numerous sidewalk and paving projects, Cleveland Jetport, flooding and draining projects and numerous improvements of recreation facilities. Councilman Banks stated he spoke with Jonathan Porter who asked if the Council would consider a night time meeting, say 6:00 p.m., so working people can participate in the process. Any city staff that has to work over, give them comp time. If they’re here two hours, let them take off two hours. He felt he made a good point and suggested we consider and discuss further and Mr. Fivas and staff look into the possibility of that in the future. Councilman McKenzie recognized Danny Chastain, who was in attendance today. He thanked him for his service to our community and for serving on the City Manager Selection Committee. The audience gave Mr. Chastain a round of applause. NEW BUSINESS AND ORDINANCES City Manager Joe Fivas stated when he starts in a new community he likes to see where the community has been and where the community is going. He feels having a roadmap is critical. Mr. Fivas then reviewed the following presentation on strategic planning and downtown redevelopment. p. 234 REGULAR SESSION AUGUST 22, 2016 PAGE -5- MINUTE BOOK 28 p. 235 REGULAR SESSION AUGUST 22, 2016 PAGE -6- MINUTE BOOK 28 p. 236 REGULAR SESSION AUGUST 22, 2016 PAGE -7- MINUTE BOOK 28 Mr. Fivas continued it is important to have documents that don’t go sit on a shelf. You create plans and documents to help you move forward to know what you want to accomplish. A three year implementation plan would go through what are the Council’s missions, goals, objectives, timelines, who’s going to do it and how will it be funded. The document would give a lot of benefits to Council and the community. From a planning stand point it gives you a very p. 237 REGULAR SESSION AUGUST 22, 2016 PAGE -8- MINUTE BOOK 28 clear snapshot of where we are going and how we will get there. This would be something that staff would use daily. He then asked if the Council would like staff to look at different strategic plans and bring some processes back for them to look at and if the Council wants to look at a multi-year plan or the one-year budget plan, like we have now and for at this time staff to dig into strategic planning. Mayor Rowland stated we have discussed the downtown area and would like to see a proposal for TIF. As we get serious about downtown development we need a financial plan. Councilman Estes stated he would like to see depreciation of capital expenses for budgeting purposes, even if we can only account for 50% depreciation. We have needs and just hope for a good tax year. He also agrees that the 2004 downtown master plan needs to be revisited. We need something to put into the hands of the developers when they come that the city agrees on. We need to commit budget funds to the downtown area. Councilman Banks stated it is frustrating that we create some ideas, have a study and get a nice notebook and then it goes on a shelf. Implementation is important. The downtown area needs incentives because potential is there. Councilman Banks stated he is impressed with Mr. Fivas’ presentation and feels city staff will be enthusiastic about helping you do it. Councilman May feels we need to somehow create partnerships with public and private money, either through tax exemption or someway that we have incentives to get people to invest in redevelopment. Councilman Johnson stated we live in a very fortunate community where the public and private come together. He feels when working on the strategic plan it would be good to have night meetings where the districts can come together to discuss what we want to look at over the next 3-5 years and let them have input. We can record them and have the planning department put them together. We have a lot of good stuff but we get so much on the agenda, sometimes we don’t get what the people want. Have input from the people and share with them and they can see the obstacles the city is up against. We don’t want to lose the issues through the process. He appreciates Mr. Fivas’ plan. Mr. Fivas replied the strategic plan would cover the entire community and it gives certainty for districts so people are aware of what’s happening. You can’t focus on one district, you need to focus on all the issues of the community with an emphasis on downtown redevelopment. Mayor Rowland feels we are heading in the right direction. Councilman Johnson spoke in regards to Councilman Poe and how he may be feeling indifferent about things that happened in the recent election but all of us have an opportunity to represent the people. We are very fortunate to serve because we have accomplished a lot, especially when we keep focused on the business at hand. Some of it has been bitter, some of it has been sweet. He has enjoyed working with Councilman Poe, wishes his good luck and thanked him for his service to the community. We are all just passing through. Mr. Fivas asked if the Council would like Mr. McKay, Ms. Carroll and himself to look at ideas for strategic planning. There is tremendous opportunity for downtown and the first step is getting direction to meet with all of our downtown partners and talk about the masterplan and possible economic restructuring. If everyone is comfortable with us moving forward. The Council replied yes. Councilman Johnson asked Mr. Fivas to include the Department Heads in the strategic plans. Mayor Rowland stated he would like to see a plan for TIF’s. Lee University’s partnership is very important and we should continue to work with them on street- scaping all the way to Inman Street, which would be a great thing. Councilman Banks stated we need to have a better relationship and communication with our County Commission. Everything we do to promote development automatically generates tax dollars for our County Commission. They should participate in the redevelopment of downtown’s older structures. One of your task is to get them on board. We need to be out of court and meeting together. He encouraged Mr. Fivas to meet with Mayor Davis and the County Commission. Councilman Estes stated in two years Lee University turns 100. They will be doing something big and we need to be ready. We owe it as a City to celebrate with Lee. Councilman May agreed and stated we have an extreme responsibility for the future. Councilman Banks stated Councilman McKenzie’s district is wide open and we have to plan for development. Mayor Rowland asked if the Council was ready for a joint meeting. Councilman Estes stated he p. 238 REGULAR SESSION AUGUST 22, 2016 PAGE -9- MINUTE BOOK 28 would like to come together with the Commission and possibly agree on somethings before eating lunch. Councilman Hughes stated we are elected by the people and grateful to be of service and have a small part in setting policies for the City. Councilman Poe was a key member for sixteen years and he serves on more committees than anyone up here. He served with dignity and was at every ribbon cutting. He enjoyed it and enjoyed serviced. He regrets he hasn’t attending the last few meetings so we could tell him how much we appreciate and honor him. Hats off to sixteen years of service by Councilman Poe. Mayor Rowland stated ribbon cuttings are important to small business owners who have invested money in a retail business. Councilman Poe was there because he understood the investment into our community and wanted to support small businesses. Councilman Banks stated Councilman Poe was a volunteer firefighter and big into promoting safety and wellbeing of our citizens. Maybe in the future we could recognize him by naming a firetruck after him. Councilman Banks then moved to give Councilman Poe his nameplate, ipad and phone we declare surplus and given to Councilman George Poe for his sixteen years of service to the community and volunteering on numerous boards and committees. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Martha Ledford thanked Cleveland Utilities for their help in adjusting any late fees on her account. They are aware of when her checks come in and it’s not always before the due date. There being no future business the meeting was adjourned at 3:52 p.m. _________________________________ ______________________________ Mayor City Clerk

Agenda

AGENDA Cleveland City Council Work Session – August 22, 2016 1:00 P.M. Cleveland Municipal Building 190 Church Street, NE I. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL A. Brian Gillenwater – School bus safety B. Allan Johnson – Greenway access property located at 1411 Stuart Ave NW (p. 1-11) C. Kim Lorello – concerning illegal burning II. UPDATES FROM THE CITY MANAGER A. Update on City Manager “100 Day Plan” B. Tinsley Park grant C. Blythe Bower multi-purpose field D. 933 Harle Avenue (p. 12-16) III. REVIEW OF 3:00 AGENDA – CITY MANAGER IV. REPORTS OF COUNCIL MEMBERS A. Councilman Hughes E. Councilman Estes B. Councilman Banks F. Councilman Johnson C. Vice Mayor Poe G. Councilman May D. Councilman McKenzie V. ANNOUNCEMENTS  September 12 - City Council meeting will be held at the Museum Center – 3:00 session only (Presentation of Certificates of Election) VI. OTHER BUSINESS AGENDA Cleveland City Council Regular Session – August 22, 2016 3:00 P.M. Cleveland Municipal Building 190 Church Street, NE I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE & PRAYER IV. WAIVE READING OF MINUTES A. Regular Session – August 8, 2016 (p. 1). V. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL A. Proclamation honoring Jerry Franitza B. Presentation of the FY2015 GFOA CAFR Award (28th consecutive year) (p. 2-4) C. Presentation - MTAS Municipal Management Academy - Level 1 Certificate - Beverley Lindsey VI. CONSENT AGENDA A. Final Passage - Zoning Ordinance No: 2016-29 – Zoning 0.52 acres located on Tasso Lane from the unincorporated county into a Planning Unit Development (PUD12) Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 5-7). B. Final Passage - Ordinance No: 2016-30 – Amending Title 14, Chapter 2, Section 2.21.4 of the Zoning Regulations to revise the requirements for Planning Commission approval within the Inman Street East Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 8-10). C. Reappointment – Vacant Property Review Board – Verrill Norwood for an additional two-year term to expire May, 2018 (p. 11-12) D. Reappointment – Vacant Property Review Board – Duane Gilbert for an additional two-year term to expire May, 2018. E. Reappointment – Plumbing Board – Brian Sells for an additional five-year term to expire April, 2021. F. Appointment – Plumbing Board – Alan Colloms for a five-year term to expire April, 2021 (Replacing Sydney Crandall). VII. UNFINISHED BUSINESS A. Final Passage - Ordinance No: 2016-31 – Amending Title 8, Chapter 2, Section 8-210 to add a new class of beer permit called Non-consumption Wholesaler Permit (p. 13-14). VIII. REPORTS OF COUNCIL MEMBERS A. Councilman Hughes E. Councilman Estes B. Councilman Banks F. Councilman Johnson C. Vice Mayor Poe G. Councilman May D. Councilman McKenzie IX. NEW BUSINESS AND ORDINANCES A. Discussion on options for Community Strategic Planning (p. 15). B. Discussion on options for a community initiative to focus on review of downtown planning and investments (p. 16). X. ANNOUNCEMENTS XI. OTHER BUSINESS

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