Cleveland City Council

p. 296 REGULAR SESSION DECEMBER 12, 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, DECEMBER 12, 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; Brian Moran; Social Media Coordinator; 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; City Reporter Randall Higgins; Teresa Torbett; Hal Taylor; City School Director Dr. Russell Dyer; School Board Members Dawn Robinson and Charlie Cogdill; Cindy Geren, David Durkin; Anne McReynolds; Roger Jenne; Jake Stum; S. D. Mason; Gail Perry with the Chattanoogan.com; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Sargent Ruthie Forgey with the Salvation Army, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor 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 November 28, 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 introduced Officer Sean Bulow aka “The Dancing Cop”. Officer Bulow has brought great recognition to our City by dancing for the Salvation Army Kettle Fund while raising donations at the north Walmart location. A video was spotlighted of our Dancing Cop on CNN, ABC, HNL, CBS This Morning with Charlie Rose, Inside Edition, ABC World News, Good Morning America, Luken Communications and their affiliates, local news and radio stations. He raised a total of $1,141.06 for the Salvation Army. Officer Bulow gave a little performance and Mayor Rowland asked the Council and members of the audience to join in and make a donation. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda. • Reappointment – Housing Board of Adjustment and Appeals – Donald Humes for an additional 3-year term to expire 10/2019. • Reappointment – Housing Board of Adjustment and Appeals – Ashley Ownby for an additional 3-year term to expire 10/2019. • Reappointment – Housing Board of Adjustment and Appeals – Susie Gilbert for an additional 3-year term to expire 10/2019. • Reappointment – Housing Board of Adjustment and Appeals – Bob Petitt for an additional 3-year term to expire 10/2019. • Reappointment – Board of Zoning Appeals – Ray Garner for an additional 3-year term to expire 11/2019. • Reappointment – Board of Zoning Appeals – Charlotte Jones for an additional 3-year term to expire 11/2019. p. 297 REGULAR SESSION DECEMBER 12, 2016 PAGE -2- MINUTE BOOK 28 • Reappointment – Fletcher Park Board – Robbie Williams for an additional 3-year term to expire 12/2019. • Reappointment – Fletcher Park Board – Susan Card for an additional 3-year term to expire 12/2019. • Reappointment – Parks Advisory Board – James Bailey for an additional 3-year term to expire 12/2019. • Reappointment – Parks Advisory Board – Janie Moore for an additional 3-year term to expire 12/2019. • Resolution No: 2016-104 – Approving the property exchange on Georgetown Road for the new elementary school between the adjoining property owners and the City of Cleveland. RESOLUTION NO. 2016-104 WHEREAS, the City's MPO Coordinator and Cleveland City school staff has investigated the possibility of the City and adjoining property owners exchanging some property at the entrance to the new elementary school property located on Georgetown Road; and WHEREAS, a memorandum prepared by the City's MPO Coordinator along with information about the property exchange is attached to this Resolution and incorporated herein by reference; and WHEREAS, because the adjoining property owners have been involved in a bankruptcy case, the property exchange has been approved by the United States Bankruptcy Court in Chattanooga; and WHEREAS, the proposed property exchange involves the conveyance of two parcels of land from the bankruptcy trustee to the City, and the conveyance of adjoining land owned by the City to the bankruptcy trustee, as further described in the two deeds attached to this Resolution and incorporated herein by reference; and WHEREAS, the City's MPO Coordinator and the Cleveland City Schools are recommending to the City Council that the City Council authorize the property exchange; and WHEREAS, the City Council desires to approve of the property exchange, and to further authorize the Mayor to execute any and all documents which may be necessary or appropriate for the City to complete this property exchange. 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 property exchange described in the attached documents, and it further authorizes the Mayor to execute any and all documents which may be necessary or appropriate for the City to complete the property exchange. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 298 REGULAR SESSION DECEMBER 12, 2016 PAGE -3- MINUTE BOOK 28 • Resolution No: 2016-105 – Authorizing the Mayor to sign a grant contract with TDOT for the FY2017 Cleveland MPO Transportation Planning funds ($30,373). RESOLUTION NO. 2016-105 WHEREAS, the City has received the attached grant contract from the Tennessee Department of Transportation (hereafter “TDOT”) for a $30,373.00 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. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland stated he is reappointing Angie Collins to the Cleveland Housing Authority Board to continue serving as the resident appointment. Councilman Cassada requested an update on Hwy 60. Mr. Jobe stated the State has authorized right-of-way dollars but had to change the width, which meant a redesign. They are to continue with acquisitions after the new year. He will try to obtain a schedule from TDOT. Councilman Cassada then showed a photo of the heavy traffic along Georgetown Road from Paul Huff Parkway to Cleveland Middle School that the people of the district deal with daily. Councilman May asked for an update on 145 Ramsey Street NE. Chief Building Official Bryan Turner stated the property is secure and not in violation. The owners have been keeping the property clean and currently no one is residing in the residence. Councilman May asked Mr. Turner to contact the owner and ask, for the neighborhood, to tidy up the property. Councilman Hughes inquired about the status of the repair to the bridge on Keith Street above the Greenway. Mr. Myers responded that he has spoken with TDOT and they will work on the repairs but a time schedule is not available at this time. Councilman Hughes then asked about the lettering for the wall at Exit 25. Mr. Jobe stated the designers are developing two to three options for staff to review and then they will bring options before the City Council. Councilman Banks stated this is our last meeting for 2016 and on behalf of the citizens of Cleveland he would like to thank City Staff for their good work that was accomplished in 2016. When you look back over what we’ve done this past year it has been done fiscally responsible and all the staff should be complimented. The Department Heads are on call 24/7 and some employees and he appreciates all they do. He then thanked Mayor Rowland for all he has done with the Empty Stocking Fund, along with Councilman Hughes, and going out of his way to do what is good in the community. He also thanked City Manager Joe Fivas for continuing the team effort of the Department Heads. We have a lot to do in 2017 and he encouraged Resolutions that will be good for the citizens. p. 299 REGULAR SESSION DECEMBER 12, 2016 PAGE -4- MINUTE BOOK 28 Vice Mayor Johnson agreed with Councilman Banks about staff. He appreciates all the help the Council receives. We are right in step with progress in 2017. He wished everyone a happy and prosperous new year. He then asked Dan Hartman about a tree at 2nd and Sheeler that Cleveland Utilities recommended cutting to improve the lighting. Mr. Hartman stated the Tree Board is set to discuss the tree and make a decision to allow the tree removal or not. Vice Mayor Johnson asked for him to encourage the Board to have the tree removed. He then asked about Georgetown Road widening project at the Chalet. Mr. Jobe stated it is on the MPO list of projects. The appraisal was so high for the Chalet parking spots in the right-of-way acquisitions it had to be redesigned and we are waiting on approval from TDOT. Councilman Banks stated he drove by the tree in question at 2nd and Sheeler and he does see the neighbors point. It could be a danger. Councilman Estes stated he also drove by the tree and agrees with Councilman Banks. It doesn’t make sense to leave the tree. Councilman Cassada stated if you continue to drive down Sheeler there is another tree that blocks the light as well and asked Mr. Hartman to also look at it. Councilman McKenzie inquired about the house on Emmett Ave. Mr. Turner stated the house is secure and currently not in violation. Councilman McKenzie then asked if the County buys American Uniform would we get a third of the money. Mr. McKay stated if they bond money for schools we will get a portion. Mr. Fivas stated we don’t know what will be proposed and if they have some business elements to move in there. We have been asking the same questions and looking at it but don’t know exactly what it will be. Councilman Banks stated if they pay for that from their general fund, city taxpayers are paying 56% of county taxes. If you get down to it the County Commission and the County Mayor are doing everything they can to get around the formula that was created and stood the test of time in court cases on giving the City School System their fair share of money spent. The fact that 56% of the County funding, which goes into their general fund, comes from county property taxes paid by city residents. He encourages the County Commissioners, who represent city residents to try to get off that mindset and also County Mayor Gary Davis, who also represents city taxpayers who pay county property tax that they need to be forthcoming and have meetings we all need in order to work together. That should be a resolution for the County Commission and County Mayor for 2017. Councilman Estes stated Bradley County was approved by the Secretary of State to borrow from the hospital funds. Is that considered a bond if you borrow from it? Mayor Rowland stated they claim it’s their money but it is ours as well. Mr. Fivas stated we don’t have a legal answer for you but we certainly will get one. Mr. McKay stated it is our understanding that they do not intend to borrow from the fund to do school projects. Councilman Estes stated the City needs a copy of the resolution just to know what it says. Mr. McKay stated they are planning to issue $18 million in debt and will share about $6 million with us. Councilman May thanked City Staff and continued that he is proud and Cleveland is extremely lucky to have the professional staff we’ve ever had and he is really thrilled to be a part of it. He wished everyone a Merry Christmas. NEW BUSINESS AND ORDINANCES Mr. Fivas stated he attended the recent School Board meeting and looked at their timeline and schematics for the new elementary school. They anticipate beginning this summer and having an opening date in 2019. That raised questions of making sure we had funding in place. He continued that he and Mr. McKay met with Mayor Davis to discuss their school construction project, which the city will receive approximately $6 million, which means you will need to bond roughly $8-9 million. When the process started Council was authorized to pay initial architectural fees and there was a discussion that the City Council would fund up $75,000 and the Schools would match that amount. We have reached that point and now recently received an invoice for the remaining fees in the amount of $138,000. We need a bit of direction from the p. 300 REGULAR SESSION DECEMBER 12, 2016 PAGE -5- MINUTE BOOK 28 Council and to also make you aware we are starting to incur cost, which are all covered under the reimbursement resolution. Councilman Banks asked what other bills were anticipated. Mr. McKay stated we will continue to receive invoices from Upland Design, which include engineering, but his total fees were almost $650,000, so we’ll continue to incur that cost and possible fees with the land swap. Mr. McKay wanted to make the Council aware we were at the $75,000 cap and now moving into another phase of development for the new school. We are basically fronting the money and will issue bonds in July. We have a reimbursement resolution and want to make sure the Council is aware we are moving forward. Hal Taylor explained the next phase of design and construction and in January they plan to begin RFQ’s. Councilman Banks clarified the amount was $138,000 to be approved and then asked what were other fees mentioned. Mr. McKay stated there are about $40,000 in connection with the land swap, which is delinquent taxes, trustee fees and attorney fees. Councilman Cassada stated this school is going to be built prior to Hwy 60 completion. He is concerned with the current congestion of traffic when this school is completed it will be unbearable. It is going to be a challenge. Mayor Rowland stated the Hwy 60 team met last month and the biggest challenge is the right-of-way acquisitions. It is a tremendous project and traffic is horrendous but grateful for TDOT for what they are trying to do. It’s $50 million into our community. Dawn Robinson stated the way we’ve done the land swap is we will be able to stack about 240 cars. So we can pull that off the roadway and stack around the school will help with the traffic. Councilman Banks asked Mr. Jobe best guess when the road would be completed. Mr. Jobe stated the school will be there at least a year, maybe two before the road is done. It will probably take a year for them to buy all the right-of-way. Mayor Rowland stated the stacking design will help. Councilman Banks then asked if the we could build this school without a property tax increase. Mr. McKay stated that is the plan. He feels we can with some tweaking. Councilman Cassada asked how many students will the new school hold. Mr. Taylor stated the core is 550 students and we can add on to the building for up to 700. Councilman Banks then moved to pay architectural fees pertaining to the new elementary school. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-106 A RESOLUTION OF THE CITY OF CLEVELAND ADOPTING AMERICANS WITH DISABILITIES ACT (ADA) GRIEVANCE PROCEDURE WHEREAS, the City's ADA Coordinator has prepared the attached Grievance Procedure for the City of Cleveland; and WHEREAS, the City Council desires to approve of this Grievance Procedure. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the attached document is hereby adopted by the City of Cleveland as the City of Cleveland's ADA Grievance Procedure. [on file in the City Clerk’s Office.] Adopted this 12th day of December, 2016 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2016-106 be approved as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 301 REGULAR SESSION DECEMBER 12, 2016 PAGE -6- MINUTE BOOK 28 Mayor Rowland thanked Hal Taylor for his work with the School System, Tad Bacon with Cleveland Utilities, who sent employees to Florida during the storms, the Cleveland Fire Department, who sent crews to Sevier County and the Cleveland Police Department worked calls for the County while Sheriff Watson had his annual Christmas party. Parks and Recreation great job with getting a new park and you can’t say enough about Tommy Myers and Public Works. Finance and Administration, Mr. Fivas is blessed to have Mr. McKay and Ms. Carroll as Assistant City Managers who know the area, people and are always available. Those who took part in Employee Appreciation. Our IT Department is doing well. Human Resources is going great. Mark Fidler welcomed Santa Claus at the Jetport Saturday by Life Force. Sue Zius, who has been here for 40 years and takes care of the Council. Thanks to all of our staff and Department Heads, Lee University, which is a jewel in our crown in our community, Cleveland Daily Banner and their leadership. Mayor Rowland then wished everyone a very Merry Christmas. Mayor Rowland then announced the Holiday Schedule as follows: Friday, December 23rd, Monday, December 26th and Tuesday, December 27th for the Christmas Holiday and Monday, January 2nd for the New Year’s Holiday. City Offices will be closed. There being no future business the meeting was adjourned at 3:50 p.m. _________________________________ ______________________________ Mayor City Clerk