Cleveland City Council

p. 289 REGULAR SESSION NOVEMBER 14, 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, NOVEMBER 14, 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 Vice Mayor Avery Johnson, Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. 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; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Kris Miller, IT Director; Tim Henderson and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry and Gary Farlow with the Chamber of Commerce; Martha Ledford; Mitch Kinder; Jane Calay; City Reporter Randall Higgins; Loye Hamilton; Roger Jenne; Bob George; Teresa Torbett; Dustin Tommey with Impact Cleveland; Hal Taylor; School Director Dr. Russell Dyer; Gail Perry with the Chattanoogan.com; Larry Bower with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag lead by Martha Ledford and prayer by Pastor David O’Neal from Church of the Nazarene, 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 October 24, 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 presented Martha Ledford with a photo of her, Councilman Banks and Councilman Hughes and thanked her for helping the City in any way she is able. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Final Passage - Zoning Ordinance No: 2016-34 – heretofore passed on first reading October 24, 2016 and found in Minute Book 28, Page 263; rezoning 4.81 acres, more or less, described as a portion of a property along Peach Orchard Hill Rd NE (a portion of Tax Map 43 Parcel 36.01) from CG General Commercial to R2 Low Density Single and Multi-Family Zoning District (Planning Commission: Approved 6-0; 1 member recused himself, 1 vacant seat).  Final Passage - Zoning Ordinance No: 2016-35 – heretofore passed on first reading October 24, 2016 and found in Minute Book 28, Page 264; rezoning 1.84 acres, more or less, located at 601 & 607 20th St SE (Tax Map 57M Group A Parcels 38.00 & 38.01) from IH Heavy Industrial to R2 Low Density Single and Multi- Family Zoning District (Planning Commission: Approved 7-0; 1 vacant seat).  Final Passage - Ordinance No: 2016-36 – heretofore passed on first reading October 24, 2016 and found in Minute Book 28, Page 265; amending the permitted uses and to amended development standards within the area currently zoned PUD1 located on Paul Huff Parkway and Mohawk Dr (Planning Commission: Approved 7- 0; 1 vacant seat). p. 290 REGULAR SESSION NOVEMBER 14, 2016 PAGE -2- MINUTE BOOK 28  Final Passage - Zoning Ordinance No: 2016-37 - heretofore passed on first reading October 24, 2016 and found in Minute Book 28, Page 276; zoning 7.5 acres located at Freewill Rd and 22nd St NW from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 7-0; 1 vacant seat).  Final Passage - Zoning Ordinance No: 2016-38 - heretofore passed on first reading October 24, 2016 and found in Minute Book 28, Page 286; zoning 19.9 acres located at Tasso Ln and North Lee Hwy from the unincorporated county to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 7-0; 1 vacant seat).  Resolution No: 2016-100 – Authorizing the Mayor to sign a grant contract with TDOT concerning the MPO Multimodal Transportation Planning funds. RESOLUTION NO. 2016-100 WHEREAS, the City has received the attached grant contract from the Tennessee Department of Transportation (hereafter “TDOT”) for a $30,534.00 grant for Multimodal Transportation Planning assistance; and WHEREAS, the City Council desires to enter into the attached grant contract with TDOT 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 grant contract with TDOT, and it further authorizes the Mayor to execute the contract on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-101 – Accepting Kings Cove Court as a City Street. RESOLUTION 2016-101 WHEREAS, Kings Cove Court is a street located within a platted subdivision known as Kings Cove Subdivision; and WHEREAS, the plat for Kings Cove Subdivision is recorded in the Register of Deeds office of Bradley County Tennessee at Plat Book 29 Page 123; and WHEREAS, Kings Cove Subdivision is located inside the City limits of the City of Cleveland; and WHEREAS, the developer of Kings Cove Subdivision has requested that the City accept Kings Cove Court as a City street; and WHEREAS, City engineering staff have inspected Kings Cove Court to confirm that construction of this street is to City of Cleveland street construction standards; and WHEREAS, City engineering staff is now recommending that the City accept Kings Cove Court as a City street. p. 291 REGULAR SESSION NOVEMBER 14, 2016 PAGE -3- MINUTE BOOK 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Kings Cove Court as a City Street. This 14th day of November, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-102 - Authorizing the Mayor to sign an MOU and a Subrecipient agreement with United Way regarding the TVA Extreme Energy Makeover project and approving Policies and Procedures for the program. RESOLUTION NO. 2016-102 WHEREAS, the United Way of the Ocoee Region (hereafter "United Way") has been awarded a contract by the Tennessee Valley Authority (TVA) to implement an Extreme Energy Makeover project in conjunction with United Way's neighborhood revitalization initiative known as Impact Cleveland; and WHEREAS, the primary objective of this project is to improve the energy efficiency of homes/dwellings in the City of Cleveland that are at least 20-years-old; and WHEREAS, the City of Cleveland's Development and Engineering Services Department is interested in assisting with funding for this program to benefit low to moderate income households within the CDBG target area of the City of Cleveland; and WHEREAS, representatives of the City of Cleveland have been in discussion with representatives of United Way about entering into the attached Memorandum of Understanding (hereafter "MOU"), the attached Subrecipient Agreement, and the attached related policies and procedures for this program (hereafter all three are referred to as "the documents"); and WHEREAS, in general, these documents provide that in cooperation with United Way, the City's CDBG Program has agreed to contribute a maximum of $4,999.99 per home for up to 10 homes, with an aggregate maximum of $50,000, with the stipulation that the funds are to be used by the date of June 30, 2017; and WHEREAS, the City's Community Development Grants Coordinator is recommending to the City Council that the City enter into these agreements with the United Way for this project; and WHEREAS, the City Council desires to approve of the attached documents for this program and the City Council further desires to authorize the Mayor to execute these documents 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 documents with United Way for this project. [on file in the City Clerk’s Office.] BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the attached documents with United Way on behalf of the City for this project. This 26th day of November, 2016. p. 292 REGULAR SESSION NOVEMBER 14, 2016 PAGE -4- MINUTE BOOK 28 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Street Light Recommendation – Theresa Hope at 21st Street and Georgetown Rd NW (Cleveland Utilities recommends replacing four (4) of the aged fixtures with 51- watt LED cobra type fixtures and the addition of a new 51-watt LED fixture on 21st St, close to the intersection of Georgetown Road.  Motion – Declaring various vehicles from Animal Control, Codes Enforcement and Fire Department as surplus property and to be sold on Govdeals.com. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda Carroll DATE: November 18, 2016 SUBJECT: Surplus Vehicles I respectfully request the City Council declare the following vehicles from the various departments surplus and to be sold on GovDeals.com with a minimum bid as listed below.  1999 GMC 2500 SE Pickup Truck- Vin #61191 – Animal Control Minimum Bid - $750  2002 Jeep Liberty – Vin #39236 – Codes Enforcement/Finance Minimum Bid - $1,200  2003 Crown Vic – Vin # 40718– Fire Minimum Bid - $1,000 The revenue from the sale of these surplus vehicles will be placed in the General Operating Fund departments as listed above.  Bid Report - Diesel Fuel Exhaust System for the Fire Department. BID SUMMARY DIESEL FUEL EXHAUST SYSTEM NOVEMBER 9, 2016 1. Ward Diesel Filter Elmira, NY $136,515.32 (Does not meet specifications) 2. Clean Air Concepts Cincinnati, OH $157,280.00 Recommendation is to accept the bid from Clean Air Concepts with a bid of $157,280.00, which includes a grant of 90/10 (City’s portion - $14,982). The bid from Ward Diesel Filter does not meet specifications due to the lack of warranty provided. Committee Recommendation: Clean Air Concepts Department Head’s Approval: Chief Ron Harrison Asst. City Manager’s Approval: Melinda B. Carroll Councilman Banks moved to approve the Consent Agenda. The motion was seconded by Councilman Estes; and upon roll call, the motion to approve the consent agenda unanimously passed. p. 293 REGULAR SESSION NOVEMBER 14, 2016 PAGE -5- MINUTE BOOK 28 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Banks stated Joe V. Williams addressed the City Council during today’s Work Session concerning 80 Church Street. He represented that he could have a building permit and a contractor in place by our December 12 meeting. Mr. Jobe stated that is true and that we would evaluate the plan that he presented to us and tell him how long he has to finish the plan. Councilman Banks stated he confirmed that at 1:00 and we might want to give him a copy of the minutes between now and December 12. Councilman May asked if we needed to go ahead and send him a letter. Councilman Banks stated yes with a portion of the minutes so he has a copy. Councilman May stated yes, so he has a timeframe that he is working on. Councilman Banks then asked about leaf collections. Mr. Myers stated they are only able to get one route a day because of only one machine, which is two pickups a month. He hopes to have everyone picked up by Thanksgiving. NEW BUSINESS AND ORDINANCES Councilman Estes moved to approve the following street light recommendation: Councilman Estes at 174 Sheeler Street SE (Cleveland Utilities recommends the addition of two (2) 30-foot wood poles, #6 duplex conductor and one (1) 51-watt LED cobra fixture. This would result in a $17.06 per month increase to the street light investment account and an increase of $1.28 per month energy charge. Also, tree trimming and removal will be required at the intersection of 2nd St SE and Sheeler St SE for the overhead conductor. (Motion will need to address if Cleveland Utilities will be responsible for the tree work, which can be billed to the City by Asplundh Tree Expert Co. or charged to the street light investment account) (City Staff will trim trees and brush were possible and contact Aspludh Tree if necessary). The motion was seconded by Councilman May; and upon roll call, unanimously passed. Vice Mayor Johnson moved to approve the following street light recommendation: Councilman Cassada at Reuben Drive NW and Moore Place NW (Cleveland Utilities recommends the addition of a 30-foot wood pole, #6 duplex conductor and one (1) 51-watt LED cobra fixture. This would result in a $11.86 per month increase to the street light investment account and an increase of $1.28 per month energy charge). The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Councilman Banks moved to approve the Strategic Planning process and the Community Survey Instrument and discussed during the Work Session. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Hughes moved to accept the fence easement agreement with Daniel and Latane Smith that was drafted by the City Attorney for property at 3811 Woodcrest Drive. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Mayor Rowland stated on November 18 will be the meeting concerning the sign at Exit 25, which will require TDOT approval. He also reminded everybody of Ken Webb’s retirement reception on Tuesday, November 15 at the Museum Center. Vice Mayor Johnson stated the Museum Center has an excellent College Hill exhibit which includes photos and memorabilia on display until March 15. There being no future business the meeting was adjourned at 3:12 p.m. _________________________________ ______________________________ Mayor City Clerk