Cleveland City Council

p. 385 REGULAR SESSION APRIL 24, 2017 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, APRIL 24, 2017 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Vice Mayor Avery Johnson. Also present were Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Mayor Tom Rowland was absent from the meeting. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball; 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; Patti Petitt, Director of Parks and Recreation; Jeff Davis, Personnel Director, Kris Miller, IT Director; Brian Moran; Social Media Coordinator; Kim Spence, Safety and Wellness Manager; Bethany McCoy with Lee University; City Reporter Randall Higgins; Max Phillips; Chris Townsend; Doug Berry and Gary Farlow with the Chamber of Commerce; School Board Member Dawn Robinson; Demetrius Ramsey; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, who remembered Mayor Tom Rowland and his family during the recent loss of his daughter Cynthia Rowland Grant, the following business was then entered into: WAIVE READING OF MINUTES Councilman May 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 April 10, 2017 and approve them as written. The motion was seconded by Councilman Estes; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Vice Mayor Johnson stated the following letter was received by Chairman Louie Alford concerning the former American Uniform property. p. 386 REGULAR SESSION APRIL 24, 2017 PAGE -2- MINUTE BOOK 28 City Manager Joe Fivas reminded the Council of what Mr. Kimball stated during the Work Session, that we should wait for a formal request or agreement from the Commission so we know the exact terms. Councilman Cassada stated he doesn’t have a problem delaying the payment until July 15, 2019 as requested but asked that the Council attach to the request that the estimated portion of $1.18 million received on July 15, 2019 be put towards paying the debt down for the new elementary school. Councilman Estes asked Mr. Kimball if this was necessary if they are not going to complete the sale until later. Mr. Kimball stated they say they have no plans to borrow money prior to July 15, 2019 but if they change their minds and borrow money for capital projects then it would make a difference. Councilman Estes stated if they change their mind then they would pay us at that time. Mr. Kimball stated correct, but they are asking you to defer receipt of money until July 15, 2019, if they did borrow money. Councilman Estes stated he felt they didn’t need to respond. Mr. Kimball state they’ve asked you to approve a formal agreement, by resolution. However, the letter was dated last week and they have not presented you with a formal agreement. He suggests if you are willing to work with them you ask them to prepare a formal agreement that your School Board and yourselves could review and decide if you want to approve it by resolution or not. You have nothing to vote on at this point. Their letter also asks that you do something within 120 days, so you have time. The next step is for them to send what they want you to approve. Councilman Estes stated he is not sure the City Schools has any claim to anything until money is borrowed or spent. Mr. Kimball stated he has a legitimate point, however because it says they have no plans to borrow funds doesn’t mean they might not. It is a contingency they’ve placed in the agreement. That’s why they need you to act, otherwise the agreement is not enforceable with the County. Councilman May asked whether they bond or pay for a project through their capital budget, the City Schools will still get their money. Mr. Kimball replied not necessarily. If they don’t borrow money and bond it for capital projects and only put money aside they can pay for it over time. He continued Councilman Estes may be correct but he doesn’t read the letter as they are not going to bond money for the project, it simply says they have no plans at this time to do that. If they do before that date they are asking you to defer the share you are legally entitled to until July 15, 2019. Councilman Estes stated he appreciates Mr. Kimball asking for something formal but he’s not ready to make a decision to tie our hands. Councilman Cassada stated its not tying our hands. The County School Board approached the City School Board about this idea and it may come down the road they may or may not but the Council doesn’t set the precedence for the School Board, criteria or anything else but as a City Council member paying down debt is important and if there are any funds at that time I ask those funds be used towards paying the debt down on the elementary school. Councilman Estes stated if we borrow money for the new school at a fixed rate and we have variable debt on other school bonds that are more than 3%, I’d rather that money go towards that. Don’t tie our hands now let’s wait till we have money in hand, get some advice on our debt and look at where to apply it. Councilman Cassada asked a motion was needed to ask for the formal request. Mr. Kimball stated the City Manager can request the County to provide a formal agreement without a motion. Councilman Cassada then asked if the bond issue for the new school, if it was fixed or variable. Mr. McKay stated it is a variable rate with a 5-year cap. Councilman Cassada stated in general he’d like to see the proceeds pay debt down. Mr. Fivas stated he would contact the County for a formal agreement so the Council can continue discussion at a later date. Councilman Estes asked that the School Board review the agreement once received. Councilman Cassada stated he feels this is a good olive branch with the County to move forward. CONSENT AGENDA Vice Mayor Johnson reviewed the items on the consent agenda. • Final Passage - Zoning Ordinance No: 2017-12 – heretofore passed on first reading April 10, 2017 and found in Minute Book 28, Page 370; rezoning 2.97 acres located on Pleasant Grove Church Rd (Tax Map 56 Parcel 51.10) from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 member absent). p. 387 REGULAR SESSION APRIL 24, 2017 PAGE -3- MINUTE BOOK 28 • Final Passage - Ordinance No: 2017-13 – heretofore passed on first reading April 10, 2017 and found in Minute Book 28, Page 371; abandoning a portion of unopened right-of-way running parallel to Church St SE and South Ocoee St and between 13th St SE and 14th St SE (Planning Commission: Approved 8-0; 1 member absent). • Final Passage - Zoning Ordinance No: 2017-15 – heretofore passed on first reading April 10, 2017 and found in Minute Book 28, Page 381; zoning of about 110.9 acres located at Urbane Rd and Tillie Rd NE from the unincorporated county to MU Mixed Use Zoning District (Planning Commission: Approved 8-0; 1 member absent). • Resolution No: 2017-19 – Firehouse Grant application. RESOLUTION NO: 2017-19 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2017 FIREHOUSE SUBS PUBLIC SAFETY GRANT WHEREAS, the City Council of the City of Cleveland, Tennessee desires to provide the Cleveland Fire Department with equipment which enhances safety for the firefighters employed by the City of Cleveland; and WHEREAS, the City is eligible to apply for a $20,000 Firehouse Subs Public Safety Grant, which grant, if approved, does not require any matching funds from the City; and WHEREAS, if this grant is approved, the grant funding shall be used to purchase two washing machines for two fire stations, which machines are used to clean bunker gear; and WHEREAS, the City Council desires to apply for this grant. NOW, THEREFORE, BE IT THEREFORE RESOLVED by the City Council that the Mayor be, and hereby, is authorized to submit an application on behalf of the City, including all the understanding and assurances contained therein, for the Firehouse Subs Public Safety Grant. BE IT FURTHER RESOLVED that if said grant application is approved and the City is awarded the grant, then the Mayor is further designated to act as Cleveland’s representative in connection with the acceptance of the grant, which designation includes the Mayor providing any additional information that may be necessary, the execution of any documents, and to take any other actions that may be necessary or required in order for the City to receive the grant. Adopted this 24th day of April, 2017 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-20 – Animal friendly spay/neuter Grant application. RESOLUTION NO: 2017-20 A RESOLUTION AUTHORIZING THE SUBMISSION OF ANIMAL FRIENDLY SPAY/NEUTER GRANT APPLICATION FOR FISCAL YEAR 2018 WHEREAS, the City Council of the City of Cleveland, Tennessee desires to promote the spaying and neutering of animals which are adopted from the Cleveland Animal Shelter; and p. 388 REGULAR SESSION APRIL 24, 2017 PAGE -4- MINUTE BOOK 28 WHEREAS, the City is eligible to apply for an Animal Friendly Spay/Neuter Grant through the Tennessee Department of Health which grant, if approved, does not require any matching funds from the City; and WHEREAS, if this grant is approved, the grant funding shall be used to subsidize the cost and fees associated with animals receiving spay/neuter services provided by veterinarians that participate in the Cleveland Animal Control Veterinary Services program; and WHEREAS, the City Council desires to apply for this grant. NOW, THEREFORE, BE IT THEREFORE RESOLVED by the City Council that the Mayor be, and hereby, is authorized to submit an application on behalf of the City, including all the understanding and assurances contained therein, to the Tennessee Department of Health for the Animal Friendly Spay/Neuter Grant. BE IT FURTHER RESOLVED that if said grant application is approved and the City is awarded the grant, then the Mayor is further designated to act as Cleveland’s representative in connection with the acceptance of the grant, which designation includes the Mayor providing any additional information that may be necessary, the execution of any documents, and to take any other actions that may be necessary or required in order for the City to receive the grant. Adopted this 24th day of April, 2017 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-21 – Accepting Emmyllie Court and the northern section of Eveningside Drive as city streets. RESOLUTION NO: 2017-21 WHEREAS, Emmyllie Court and Eveningside Drive are streets shown by a plat recorded on 12/9/2015 in Plat Book 29, page 136, in the Register of Deeds’ Office of Bradley County, Tennessee; and WHEREAS, Emmyllie Court and Eveningside Drive are located inside the City limits of the City of Cleveland; and WHEREAS, the developer of Ocoee Landing Townhomes has requested that the City accept Emmyllie Court and the northern section of Eveningside Drive as City streets; and WHEREAS, City engineering staff have inspected Emmyllie Court and the northern section of Eveningside Drive to confirm that construction of these streets are to City of Cleveland street construction standards; and WHEREAS, City engineering staff is now recommending that the City accept Emmyllie Court and the northern section of Eveningside Drive as City streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Emmyllie Court and the northern section of Eveningside Drive as City Streets. This 24th day of April, 2017. p. 389 REGULAR SESSION APRIL 24, 2017 PAGE -5- MINUTE BOOK 28 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Appointment – Library Board – Kelvin Bishop to replace Phil Jacobs for a term to expire July 2018. • Reappointment – Animal Shelter Board – Dr. Sally Poston for another 3-year term to expire April 2020. • Appointment – Wrecker Board – Ronnie Carroll as an alternate to replace Harvey Templeton for a 5-year term to expire April 2022. Councilman Banks moved to approve the Consent Agenda. The motion was seconded by Councilman Cassada; and upon roll call, the motion to approve the consent agenda unanimously passed. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION NO: 2017-22 WHEREAS, Legacy Parkway, Heritage Place Drive and Providence Lane are all streets located within the Heritage Place subdivision, which subdivision is located in northwest Cleveland off Candies Lane; and WHEREAS, the developer of Heritage Place Subdivision has requested that the City accept these streets as City streets; and WHEREAS, the attached e-mail from Brian Beck, City Engineer, indicates that the City's engineering staff has inspected Legacy Parkway (from Candies Lanes to Heritage Place Drive – total of 1150 feet), Heritage Place Drive (approximately 350 feet in length), and Providence Lane (approximately 510 feet), and the City's Development and Engineering staff are now recommending that City Council accepts the described streets into the City's street network. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Legacy Parkway (from Candies Lanes to Heritage Place Drive – total of 1150 feet), Heritage Place Drive (approximately 350 feet in length), and Providence Lane (approximately 510 feet), into the City's street network. This 24th day of April, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution No: 2017-22 be approved as presented. The motion was seconded by Councilman Cassada and upon roll call, unanimously passed. p. 390 REGULAR SESSION APRIL 24, 2017 PAGE -6- MINUTE BOOK 28 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada thanked City Staff and Department Heads for all they do for the City. He has met with some staff and they speak highly of their Department Heads. He then asked for clarification on the fire training building. Mr. Fivas stated we have the property already at 8th/Gaut Street and minimal work will need to be done but the $200,000 we have budgeted is to start construction. The current training tower property will be sold and those funds will be used to finish the new training building. Hopefully by the end of next fiscal year it will be completed and operational. Councilman Cassada stated later we will discuss staffing needs, like assistant chiefs as we go through the process and discuss at a later date. Councilman Hughes stated he saw a video that had surfaced of the Sheriff’s Department refusing to take in a person arrested by a city officer. He understands there will be disagreements but felt the county officer was pretty egregious. If a person has attitude it is difficult to have harmony between the two departments. Chief Gibson stated that was an incident that happened back in March and they have worked together and addressed the issue. Councilman Banks asked when the Foxfire area annexation/zoning would be presented to the Planning Commission. Mr. Jobe stated May 16. Councilman Banks encouraged all Planning Commission members to attend. He continued he has received a compliant of high grass in the 600 Block of Broad Street, across from Andrew Johnson Bank. He then asked for an update on 70/80 Church Street property. Mr. Turner stated the next court date is May 18. Councilman Banks stated in the departmental monthly reports it shows the Police department had no formal complaints filed. Chief and his department should be commended. Also, the Cleveland Fire Department had 400 inspections. It is important the public knows the Fire Department responds to more than fires, they answer a lot of concerns. Vice Mayor Johnson stated he recently saw a video where a kid opened the back door of a bus and fell out onto the roadway. An EMT was traveling behind the bus and stopped to help the young girl. Vice Mayor Johnson wanted to give a shout-out to all EMT’s, Police and Fire for dealing with all the emergency issues that arise in our community. He appreciates all they do. Councilman McKenzie asked for staff to review north bound on Wildwood at 18th and Spring Place Road the possibility of a left turn lane. Mr. Jobe stated staff will take a look. Councilman McKenzie then asked about the bids for Firehall #6. Ms. Carroll stated bid openings are May 2. Councilman Cassada asked how many local contractors. Ms. Carroll replied 3 local general contractors. Councilman Estes thanked Mr. Fivas, Mr. McKay and Ms. Carroll for the way the budget has been packaged. It has done wonderful things for conversations with the public on tying money to projects. Secondly, on May 5-6 Lee University will hold a large graduation and wanted to Police Department to be aware of the dates. Lastly, he thanked Mr. Turner for the updates on Joe V. Williams properties and if anything had changed since the last memo. Mr. Turner stated only that court was held on 70/80 Church Street and the new court date is May 16. Councilman Estes then asked how many of the almost a dozen properties condemned in District 2 will come down this year. Mr. Turner replied it depends. Councilman Estes stated the monthly report is wonderful and we are getting so close to following through. Mr. Turner stated if the homeowner is willing to work with us we do what we can. If we see no activity from the owners, then we proceed with demolition. Councilman Estes stated he will get with him on specific properties to check the status. Councilman Banks stated the ribbon cutting for the Mayor Tom Rowland interchange will be held on May 5 at 10:30 a.m. p. 391 REGULAR SESSION APRIL 24, 2017 PAGE -7- MINUTE BOOK 28 ANNOUNCEMENTS Vice Mayor Johnson announced the arrangements for Mayor Rowland’s daughter would be this evening at East Chapel of Chattanooga in Ease Ridge from 6-9 p.m. Also, a Walkability meeting will be held tonight at 6:00 p.m. Councilman Hughes announced a groundbreaking ceremony for Legacy Village tomorrow at 11:00 a.m. It will be similar to Garden Plaza and including rooms for Alzheimer’s patients. There being no future business the meeting was adjourned at 3:35 p.m. _________________________________ ______________________________ Mayor City Clerk