Cleveland City Council

p. 242 REGULAR SESSION SEPTEMBER 26, 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, SEPTEMBER 26, 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, Tom Cassada, David May, Jr., Dale Hughes, Richard Banks and Avery Johnson. 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; Jonathan Jobe, Director of Development and Engineering Services; Tommy Myers, Director of Public Works; Parks and Recreation Director Patti Petitt; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Kris Miller, IT Director; Ken Webb and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry with the Chamber of Commerce; Greg Thomas; Corey Divel; S. D. Mason; Joe Wilson and Sherry Maxfield with the 911 Center; Bob George; Teresa Torbett; Tom Cate; School Board Members Dawn Robertson and Charlie Cogdill; Hal Taylor; School Director Dr. Russell Dyer; Allan Johnson; Justin Tommey; Martha Ledford; Linda Eldredge; Linda Avila; David Benton; Loye Hamilton; 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 Pastor Neil Thomason from the 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 September 26, 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 stated today’s meeting is being held as a public hearing to hear public comments concerning the Stormwater Division’s annual report to Tennessee Department of Environment and Conservation (TDEC) Division of Water Pollution Control. Mayor Rowland then asked if anyone would like to speak in favor of the annual report. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the annual report. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning the Consolidated Annual Performance Evaluation (CAPER) for the 2015- 2016 Community Development Block Grant Program. Mayor Rowland asked if anyone would like to speak in favor of the CAPER. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the CAPER. No one spoke. Mayor Rowland declared the public hearing closed. Mayor Rowland also stated today’s meeting is being held as a public hearing to hear public comments concerning the 2017 Action Plan for the Community Development Block Grant Program. Mayor Rowland asked if anyone would like to speak in favor of the 2017 Action Plan. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the 2017 Action Plan. No one spoke. Mayor Rowland declared the public hearing closed. Mayor Rowland then stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the adjoining property owners to abandon a portion of the right- of-way located off Harle Avenue NW. Mayor Rowland asked if anyone would like to speak in favor of the abandonment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the abandonment. No one spoke. Mayor Rowland declared the public hearing closed. p. 243 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -2- MINUTE BOOK 28 CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Resolution No: 2016-83 - Authorizing a loan agreement in the principal amount of not to exceed $110,418 for Wastewater Systems Projects. AUTHORIZING RESOLUTION NO: 2016-83 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE CONSTRUCTION OF A WASTEWATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANCING. WHEREAS, the Cleveland Utilities is a public and governmental body in the City of Cleveland, Tennessee (the "Local Government"); and WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a wastewater facilities project, Department of Environment and Conservation Number CG3 2017-379 (the "Project"), in and for the Local Government; and WHEREAS, Tennessee Code Annotated, Section 68-221-1001 et. seq., provide for the lending of moneys in the wastewater facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for Project Loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of ONE HUNDRED AND TEN THOUSAND FOUR HUNDRED AND EIGHTEEN Dollars ($110,418.00) by the obtaining of a Project Loan. Section 2. The execution and delivery of the Application for a Project Loan in the principal amount of ONE HUNDRED AND TEN THOUSAND AND FOUR HUNDRED EIGHTEEN Dollars ($110,418.00) for the purpose of funding all or a portion of the total estimated cost of the Project TWO MILLION SIX HUNDRED THOUSAND AND FOUR HUNDRED EIGHTEEN Dollars ($2,610,418), by Ken Webb, President / CEO of the Cleveland Utilities, is hereby ratified and approved in all respects. Section 3. The form, terms, and provisions of the agreement for the Project Loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the Authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project Loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project Loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of operation and maintenance of the wastewater system of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. p. 244 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -3- MINUTE BOOK 28 Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. Section 8. The Local Government hereby agrees that there are no local pledges of State-Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The President / CEO of the UB of the Local Government is authorized and directed to execute the Loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the Local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may consider necessary or advisable in connection with the Loan Agreement. Provided, however, this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project Loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution be and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this _________ day of _________________, 2016. _____________________________________ Tom Rowland, Mayor WITNESS: ___________________________ (Affix Seal As Appropriate) ___________________________ (Name and Title)  Resolution No: 2016-84 - Authorizing the Mayor to sign a grant application for the 2017 TML Safety Partners Matching Driver Safety Grant ($10,000 50/50). RESOLUTION NO: 2016-84 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE TML RISK MANAGEMENT POOL “DRIVER SAFETY” MATCHING GRANT PROGRAM WHEREAS, the safety and well being of the employees and citizens of the City of Cleveland, Tennessee are of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace and to increase safe driving practices for the City of Cleveland employees; and WHEREAS, the TML Risk Management Pool seeks to encourage a safe workplace and safe operation of motor vehicles by offering the “Driver Safety” Matching Grant Program; and, WHEREAS, the City of Cleveland previously participated in the program in prior years and now seeks to participate again in this important program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, THAT: p. 245 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -4- MINUTE BOOK 28 The City of Cleveland is hereby authorized to submit an application for the above referenced program through the Loss Control Department of the Risk Management Pool for an award of $5,000. The City agrees that if the award is obtained, matching funds in an amount not to exceed $5,000 will be provided. Adopted this 26th day of September, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-85 – Authorizing the Mayor to sign an amendment with the Army Corps of Engineers due to increase in cost for the flood risk management study. RESOLUTION NO. 2016-85 A RESOLUTION OF THE CITY OF CLEVELAND, TENNESSEE, APPROVING OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF CLEVELAND FOR THE CLEVELAND FLOOD RISK MANAGEMENT STUDY WHEREAS, by Resolution 2012-105 passed on September 24, 2012, the City Council approved an Agreement between the Department of the Army and the City of Cleveland for the Cleveland Flood Risk Management Study; and WHEREAS, the Department of the Army has recently provided the City of Cleveland with a proposed amendment to the Agreement between the Department of the Army and the City of Cleveland for the Cleveland Flood Risk Management Study dated August 24, 2016, which amendment is attached hereto and incorporated herein by reference; and WHEREAS, the City Council of the City of Cleveland desires to approve of the attached amendment to the Agreement between the Department of the Army and the City of Cleveland and to authorize the Mayor to execute the same on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City Council hereby approves of the attached amendment to the Agreement between the Department of the Army and the City of Cleveland for the Cleveland Flood Risk Management Study, and it further authorizes the Mayor to execute the same on behalf of the City. [on file in the City Clerk’s Office.] This 26th day of September, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-86 - Authorizing the Mayor to sign a Memorandum of Understanding with the Bradley County 911 Emergency Communications District for Emergency Communications Facilities. p. 246 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -5- MINUTE BOOK 28 RESOLUTION NO: 2016-86 WHEREAS, representatives of the Cleveland Police Department have been in discussion with representatives of the Bradley County 911 Emergency Communications District (hereafter "the District") about entering into a Memorandum of Understanding (hereafter "MOU") for Emergency Communications Facilities; and WHEREAS, in general this MOU provides access for the District to use of certain areas of the City's police department to serve as a backup public safety answering point; and WHEREAS, in connection with this project, the District has prepared the attached MOU between the City and the District for this purpose; and WHEREAS, the Chief of Police is recommending to the City Council that the City enter into this MOU with the District; and WHEREAS, the City Council desires to approve of the MOU with the District; 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 Bradley County 911 Emergency Communications District. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the MOU with the Bradley County 911 Emergency Communications District on behalf of the City. [on file in the City Clerk’s Office.] This 26th day of September, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-87 – Authorizing the Mayor to sign a Memorandum of Understanding with the Bradley County 911 Emergency Communications District for Municipal Fiber Network. RESOLUTION NO. 2016-87 WHEREAS, representatives of the City have been in discussion with representatives of the Bradley County 911 Emergency Communications District (hereafter "the District") about entering into a Memorandum of Understanding (hereafter "MOU") for the Municipal Fiber Network; and WHEREAS, in general this MOU provides that the City shall provide the municipal network installation and maintenance and the District agrees to reimburse the City an amount not to exceed $98,571.28; and WHEREAS, in connection with this project, the District has prepared the attached MOU between the City and the District for this purpose; and p. 247 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -6- MINUTE BOOK 28 WHEREAS, City staff are recommending to the City Council that the City enter into this MOU with the District; and WHEREAS, the City Council desires to approve of the MOU with the District; 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 Bradley County 911 Emergency Communications District. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the MOU with the Bradley County 911 Emergency Communications District on behalf of the City. [on file in the City Clerk’s Office.] This 26th day of September, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-88 – Supporting an application to TDOT for the Transportation Alternatives grant application for 25th Street corridor area sidewalks and multi-modal improvements project. RESOLUTION NO: 2016-88 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION ALTERNATIVES (TA) GRANT FUNDING APPLICATION FOR 25th STREET CORRIDOR AREA SIDEWALKS AND MULTI-MODAL IMPROVEMENTS PROJECT WHEREAS, the City of Cleveland desires to submit an application to the Tennessee Department of Transportation (TDOT) for funding under the Transportation Alternatives (TA) program for a project described as the “25th Street Corridor Area Sidewalks and Multi-modal Improvements project”; and WHEREAS, the City of Cleveland has worked with the Cleveland Urban Area MPO, Cleveland Urban Area Transit, and others to develop the concept plan for the “25th Street Corridor Area Sidewalks and Multi-modal Improvements project” TA grant application in accordance with TDOT guidance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application for TAP funds is hereby endorsed for the “25th Street Corridor Area Sidewalks and Multi-modal Improvements project” with a total construction cost of up to $900,000 and a City of Cleveland matching share of 25% of the total construction costs. The Mayor is authorized to sign a letter to that effect as well as any related grant contract or documents for the purpose of securing these funds. p. 248 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -7- MINUTE BOOK 28 2. The City of Cleveland would be responsible for environmental, design, ROW, and utilities costs related to the project. Approved this 26th day of September, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-89 - Supporting an application to TDOT for the Transportation Alternatives grant application for Gaut Street area sidewalks and related improvements project. RESOLUTION NO: 2016-89 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION ALTERNATIVES (TA) GRANT FUNDING APPLICATION FOR GAUT STREET AREA SIDEWALKS AND RELATED IMPROVEMENTS PROJECT WHEREAS, the City of Cleveland desires to submit an application to the Tennessee Department of Transportation (TDOT) for funding under the Transportation Alternatives (TA) program for a project described as the “Gaut Street Area Sidewalks and Related Improvements project”; and WHEREAS, the City of Cleveland has worked with the Cleveland Urban Area MPO, Cleveland Urban Area Transit, and others to develop the concept plan for the “Gaut Street Area Sidewalks and Related Improvements project” TA grant application in accordance with TDOT guidance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application for TAP funds is hereby endorsed for the “Gaut Street Area Sidewalks and Related Improvements project” with a total construction cost of up to $900,000 and a City of Cleveland matching share of 25% of the total construction costs. The Mayor is authorized to sign a letter to that effect as well as any related grant contract or documents for the purpose of securing these funds. 2. The City of Cleveland would be responsible for environmental, design, ROW, and utilities costs related to the project. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-90 – Accepting Spring House Road NW and a 700 feet section of Timber Creek Road as city streets. p. 249 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -8- MINUTE BOOK 28 RESOLUTION NO: 2016-90 WHEREAS, Spring House Road NW and a 700-foot section of Timber Creek Road located north of Spring House Road are both shown by a final plat of Timber Creek Subdivision, Phase 2, which plat was recorded on 8/14/2015 in Plat Book 29, page 118, in the Register of Deeds’ Office of Bradley County, Tennessee; and WHEREAS, these described street and street areas are located inside the city limits of the City of Cleveland; and WHEREAS, the developer of this subdivision has requested that the City accept these described areas as city streets; and WHEREAS, city engineering staff have inspected these described areas to confirm that the street sections described herein have been and are constructed to City of Cleveland's street construction standards; and WHEREAS, city engineering staff have prepared a map of Spring House Road NW and the 700-foot section of Timber Creek Road that are being recommended by city engineering to be accepted as city streets, which map is attached hereto and incorporated herein by reference; and WHEREAS, the City's engineering staff is recommending that the City accept all of Spring House Road NW as a city street, and the City's engineering staff is also recommending that a 700-foot section of Timber Creek Road located north of Spring House Road also be accepted as a city street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept all of Spring House Road as a city street. BE IT FURTHER RESOLVED that the City also accepts a 700-foot section of Timber Creek Road located north of Spring House Road as a city street. This 26th day of September, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-91 – Authorizing the Mayor to sign an agreement with Cannon & Cannon to perform a design for a pedestrian crossing on Adkisson Drive near Cleveland State Community College. (Addendum: the City Manager and City staff looks at utilizing the crossing design for Lee University and possibly getting Cannon & Cannon to reduce the contract amount). RESOLUTION NO: 2016-91 WHEREAS, the City has received the attached professional services agreement from Cannon & Cannon, Inc. which authorizes Cannon & Cannon, Inc. to perform a design for a pedestrian crossing on Adkisson Drive near Cleveland State Community College at a cost of $4,500; and p. 250 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -9- MINUTE BOOK 28 WHEREAS, the City Council desires to enter into the attached agreement with Cannon & Cannon, Inc., 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 approve of the attached agreement with Cannon & Cannon, Inc., and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Reappointment – Greenway Board – Annie Robbins for an additional 2-year term to expire August 2018.  Reappointment – Greenway Board – Dr. William Reynolds for an additional 2-year term to expire August 2018.  Reappointment – Greenway Board – Councilman Bill Estes for an additional 2-year term to expire August 2018.  Appointment – HR Committee – Chris Broom as Development and Engineering Services representative.  Appointment – HR Committee – Ryan Stephens as Development and Engineering Services alternate representative.  Appointment – Wrecker Board – Larry Bryant as an alternate for a 5-year term to expire October 2022. Councilman Banks moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes. Councilman Banks stated the MOU with Bradley County 911 and the emergency communications facilities means if something happened to the 911 facility they could operate out of the Police Service Center. Joe Wilson replied yes. Councilman Banks asked if there was a backup generator to ensure communication capability. Mr. Wilson stated yes, we looked to be sure it could carry the load. There will only be six positions and everything would be in place. If it wasn’t, 911 Center would be responsible to make sure the backup power of sufficient. He then thanked the City for approving the new fiber network. Without that they couldn’t do the things they need to. Councilman Banks then referred to the contract with Cannon & Cannon to design a pedestrian crossing on Adkisson Drive and asked if the same pedestrian crossing design on Ocoee Street for Lee University could be used to save $4,500. Mr. Jobe stated the project is a bit different, it will function the same but there are a few overhead features that we couldn’t do downtown. David Sheely tried to design it but ran into problems but we can relook at it. Ms. Carroll stated we could modify the agreement. Councilman Banks stated he would like to add to the resolution “the City Manager and City staff looks at utilizing the crossing design for Lee University and possibly getting Cannon & Cannon to reduce the contract amount”. Upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland stated he is appointing Councilman May to the Planning Commission and also as the Planning Commission representative to the Shade Tree Board. Councilman Banks stated he has received a call from the adjacent property owner to the recycle/salvage yard on South Lee Hwy and asked for an update on the fence they are supposed to build. Mr. Jobe stated Corey Divel had sent an email and a formal letter from Travis Henry will be sent giving them a timeline. Councilman Banks stated he had previously spoken with Larry Wallace and he asked about the progress on funding additional police officers. That is p. 251 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -10- MINUTE BOOK 28 something we really need to look into it. He continued about parking at the Museum. They have several functions there and visitors park in the adjacent lot and vehicles have been towed away. We need to do something. Mayor Rowland replied that the owners of the parts store were going to fence their lot in and Rufus Triplett asked if we could better mark the parking behind the museum, in the open space near Callaway’s. Councilman Banks stated they do not have a night shift there and we provide services so someone needs to talk the owners of the property to allow for evening parking and even award them a Citizenship Award or possibly explore the purchase of the old dry cleaners on the west side of the museum. He continued that we should open communications with the County in reference to the fire station next door and since we own property on the other side of their building we might be able to swap properties. Whatever it takes we need to get additional parking for the museum so visitors are not getting towed. Councilman Johnson stated he was present at the Old Timers Banquet when vehicles were about to get towed and feels, as Councilman Banks mentioned the old dry cleaners would make a good parking lot. He continued that it was mentioned by Councilman Hughes about the signage at exit 25. He would like staff to look at purchasing a sign and complete the project. Mayor Rowland stated he thought we were using the bronze lettering. Mr. Jobe stated that sign is an option you can chose from. Ms. Carroll stated we did discuss the bronze lettering but we wanted to present you some different options and possibly have something that was backlit. Councilman Hughes stated he felt the bronze letters with up lighting would be good. Councilman Johnson asked about the sign that used to be at the exit, particularly the Lions Club signs. Mayor Rowland and Ms. Carroll stated TDOT made the decision to not allow signs. Councilman McKenzie stated before anything is done with the old dry cleaners on Inman Street it needs to be check for hazardous materials. Councilman May stated the owner pays into the superfund group and it will be cleaned up. Councilman Estes stated when we discuss branding Cleveland we have a special font we’ve developed and if we are going to pay to have a sign crafted at exit 25 then maybe we should continue the look. Especially, on letterheads, business cards, etc. He doesn’t want to see plain four-foot block letters. Something a bit more aesthetic. Councilman Hughes asked if he’d seen the lettering in Chattanooga. Councilman Estes stated yes, but it’s not hard block. Ms. Carroll stated we can have different fonts and will relook at the design. Councilman Hughes stated he spoke with the Smith family, who were here at 1:00 about the fence at 3811 Woodcrest Circle and he explained to them that staff was studying the area and we would have a resolution for them at the October 24 meeting. Mayor Rowland stated he has just received a resolution from Melissa Woody asking the City Council to approve today. Mr. Fivas stated will get copies distributed and add to today’s agenda. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2016-32 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING TITLE 20, CHAPTER 11, SECTION 20-1103 (1) OF THE CLEVELAND MUNICIPAL CODE CONCERNING OPEN BURNING WHEREAS, the Fire Chief is recommending to the City Council that the Council amend Title 20, Chapter 11, Section 20-1103 (1) of the Cleveland Municipal Code concerning Open Burning; and p. 252 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -11- MINUTE BOOK 28 WHEREAS, based upon the recommendation of the Fire Chief, the City Council desires to amend Title 20, Chapter 11, Section 20-1103 (1) of the Cleveland Municipal Code concerning Open Burning. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee: Section 1. That Title 20, Chapter 11, Section 20-1103 (1) of the Cleveland Municipal Code is hereby amended to read as follows: 20-1103 (1) Non-commercial fires used for cooking of food or for ceremonial, recreational or comfort-heating purposes, including barbecues, campfires and outdoor fireplaces. Fires permitted in this section may not create a nuisance for others, as determined by the Cleveland Fire Department. Section 2. That this Ordinance shall be effective from and after its passage on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2016-32 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2016-33 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland unopened alleyway described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its interest in the aforementioned section of unopened alleyway; and WHEREAS the need for the subject unopened alleyway has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed unopened alleyway abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed unopened alleyway abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city alleyways have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested unopened alleyway abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: p. 253 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -12- MINUTE BOOK 28 1. DESCRIPTION UNOPENED ALLEYWAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public interest in the following section of an unopened alleyway: Description of unopened alleyway to be abandoned to Chandler: Beginning at an iron pin located at the southeast corner of the lands of Chandler, as recorded in BCROD deed book 1647 page 538; thence south 23 degrees 47 minutes west; 7 feet to the center of an alley; thence north 67 degrees 30 minutes west, 139.16 to a point; thence north 22 degrees 30 minutes east, 7 feet to a point; thence south 67 degrees 30 minutes east, 139.73 feet to the point of beginning. Description of unopened alleyway to be abandoned to May: Beginning at an iron pin located at the northeast corner of the lands of May, as recorded in BCROD deed book 2376 page 478; thence north 22 degrees 30 minutes east, 7 feet to a point; thence north 67 degrees 30 minutes east, 139.16 feet to a point; thence south 22 degrees 30 minutes east, 7 feet to a point; thence south 67 degrees 30 minutes west, 139.41 feet to the point of beginning. 2.AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned alleyway. 3. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 4. EFFECTIVE DATE: This ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 254 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -13- MINUTE BOOK 28 Councilman Estes moved that Ordinance No: 2016-33 be voted for passage on first reading. The motion was seconded by Councilman Hughes. Upon roll call, Councilmen Estes, Hughes, Banks, Johnson, McKenzie and Cassada voted aye. Councilman May recused himself. The motion passed 6-0-1. Councilman Banks moved that the Mayor and Members of the Cleveland City Council, on behalf of the citizens of Cleveland who are all Bradley County residents, respectfully request that the current members of the Bradley County School Board, in an effort to foster good will and harmony between the City and the County, voluntarily discontinue and dismiss the pending appeal of Chancellor Bryant’s favorable ruling to the City regarding of the division of the alcohol tax so that tax dollars can be spent on our school children rather than paying attorneys. The motion was seconded by Councilman Hughes. He then stated the Mayor stated earlier that there are two new school board members that said they would not sue the City. Both of them represent the City in the Third and Seventh district. He feels in discussion with others that the time is right for us to approach them about dropping the lawsuit on the liquor tax. Upon roll call the motion unanimously passed. Mr. Fivas stated the State has asked for a priority of the two Transportation Alternatives grant projects for the application. Councilman Estes asked if MPO prioritized the projects. Mr. Thomas stated they reviewed the projects but did not prioritize them at that time. He continued based on citizens input it should be the Gaut Street project. Councilman Banks stated in his opinion it is important to spread the money around to all districts. Councilman Estes stated he feedback he got was also Gaut Street. It is more pedestrian friendly. Councilman May then moved that the Gaut Street area sidewalks and related improvements project was top priority over the 25th Street corridor area sidewalks and multi-modal improvements project. The motion was seconded by Estes; and upon roll call, the motion unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-92 A Collaborative Effort and Support Between Red Clay State Historic Park in Cleveland, Tennessee and City of Cleveland, Bradley County and Cleveland/Bradley Chamber of Commerce Whereas, Tennessee State Parks provide recreation opportunities and benefits close-to-home to children and families of our Tennessee communities and provide millions of Tennesseans with the opportunity to be physically active; and, Whereas, Tennessee State Parks are places to interact with nature and practice interpretation and education of Tennessee’s natural and cultural assets and, whereas Tennessee State Parks wishes to focus on individual initiatives to increase the public’s awareness and value of connecting children and nature toward a goal of improving the knowledge of our state’s natural resources and the health and welfare of the present and future generation of young Tennesseans; and, Whereas, it is essential to work collaboratively to reconnect our youth and families with the land in such a way as to create a new generation of stewards, improve the mental and physical health of our nation, reduce the cost of health care, increase awareness of the important role nature plays in our lives and ensure the perpetuation of the resources entrusted to our care; and, Whereas, the social and economic benefits in Tennessee’s rural regions provided by state parks are recognized for their abilities to enhance each community where located by helping to maintain community cohesion and pride; and, Whereas, Tennessee State Parks desires to work with each community where they are located to grow each economy and provide for a better quality of life for all residents; and, p. 255 REGULAR SESSION SEPTEMBER 26, 2016 PAGE -14- MINUTE BOOK 28 Whereas, Tennessee State Parks are a source of positive economic benefits through increased local tax revenues, job creation, enhanced property values, and retiree attraction; and, Whereas, Bradley County, the City of Cleveland and recognize the many positive impacts of Red Clay State Park; Be It Therefore Resolved, that the City of Cleveland, Bradley County, Cleveland/Bradley Chamber of Commerce and Red Clay State Park, mutually pledge and resolve to work together to enhance the lives of residents through promoting healthy lifestyles, environmental education, job creation, and economic growth. __________________________________________________________________ Mayor, City of Cleveland Date __________________________________________________________________ Mayor, County of Bradley Date __________________________________________________________________ President/CEO, Cleveland/Bradley Chamber of Commerce Date __________________________________________________________________ Park Manager, Red Clay State Park Date Councilman Estes moved that Resolution No: 2016-92 be approved as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. ANNOUNCEMENTS  The Cleveland Fire Department will host its annual open house event at all stations on October 8th from 10:00 a.m. until 2:00 p.m.  City Offices will be closed on Monday, October 10 in observation of Columbus Day. The next City Council meeting will be held on Monday, October 24  The City Council will hold a called meeting on Monday, October 17 at 8:00 a.m. to consider final passage of Ordinance No: 2016-32 and Ordinance No: 2016-33. There being no future business the meeting was adjourned at 3:35 p.m. _________________________________ ______________________________ Mayor City Clerk