Cleveland City Council

p. 595 REGULAR SESSION AUGUST 28, 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, AUGUST 28, 2017 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. and Richard Banks. Councilman Dale Hughes 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 Brandon, Support Services Manager; Jonathan Jobe, Director of Development and Engineering; 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; Bethany McCoy with Lee University; City Reporter Randall Higgins; Tad Bacon with Cleveland Utilities; Dawn Robinson, Dr. Russell Dyer, Charlie Cogdill and Hal Taylor, all with Cleveland City Schools; Doug Berry with the Chamber of Commerce; Patrick Abercrombie; Marti and John Powell; Mike Callaway; Roger Jenne; David Benton; Dustin Tommey; Jake Strum; Verrill Norwood and Lou Patten, Airport Authority Members; Pam Edgemon; Jim Williams; Michael Williamson; Gray Epperson; John Stanbery; Carl Lansden; Sherry Crye; Lisa Pickel; Max Phillips; Carl Bracken; Daniel Jones; Stanley Thompson; Arnold Tarpley; W. B. Campbell; Eric and Drew Spencer; T. L. Jones; Cameron Fisher; Mel Pruitt; Tom Robertson; Kim Randolph; Larry Allen; Sharon Marr with Mainstreet Cleveland; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson the following business was then entered into: Councilman Cassada moved to excuse Councilmen Dale Hughes from the meeting. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Banks stated he spoke with Councilman Hughes, who is sorry he couldn’t be here again today. He sounded weak and has lost 50 pounds. Everyone please keep him in your prayers. 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 August 14, 2017 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 we are swearing-in three Police Officers to the Cleveland Police Department. He stated officers sometimes can be the first line of greeting someone in our community and you never get a second chance at a first impression. He reminded each officer that he, as well as the City Council and department managers support the police officers and wished them well and safety. Mayor Rowland then administered the Oath of Office to Police Officers Justin West, Bryson Riggs and Jordan Rymer and welcomed them to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background of their qualifications and welcomed them to the department. Mayor Rowland stated during the work session we had considerable discussion concerning the proposed tax rate and asked if anyone else has any comments or different approach to the City Council. No one spoke. p. 596 REGULAR SESSION AUGUST 28, 2017 PAGE -2- MINUTE BOOK 28 CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Ordinance No: 2017-42 – heretofore passed on first reading August 14, 2017 and found in Minute Book 28, Page 590; abandoning a portion of unopened right-of-way described as Fernwood Dr NW located off of Robinhood Dr NW. (Planning Commission: Approved 7-0; 2 members absent). • Final Passage - Ordinance No: 2017-43 – heretofore passed on first reading August 14, 2017 and found in Minute Book 28, Page 592; abandoning a portion of unopened right-of-way described as Hays Dr NW located off of Robinhood Dr NW (Planning Commission: Approved 7-0; 2 members absent). • Final Passage - Zoning Ordinance No: 2017-44 - heretofore passed on first reading August 14, 2017 and found in Minute Book 28, Page 593; rezoning 0.43 acres, more or less, located at 4407/4405/4403 Ellis Circle, from R3 High Density Residential Zoning District to PUD16 (Planning Commission: Approved 7-0; 2 members absent). • Resolution No: 2017-53 – Accepting Clinton’s Pass as a City Street. RESOLUTION NO: 2017-53 WHEREAS, Clinton's Pass is a street shown by a plat of the Silver Springs Subdivision, Phase III, recorded on February 25, 2015 in Plat Book 29, page 91, in the Register of Deeds’ Office of Bradley County, Tennessee; and WHEREAS, Clinton's Pass is located inside the City limits of the City of Cleveland; and WHEREAS, the developer of this subdivision has requested that the City accept Clinton's Pass as a City street; and WHEREAS, City engineering staff have inspected Clinton's Pass to confirm that this street has been constructed to City of Cleveland street construction standards; and WHEREAS, City engineering staff is now recommending that the City accept Clinton's Pass 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 a Clinton's Pass as a City Street. This 28th day of August, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 597 REGULAR SESSION AUGUST 28, 2017 PAGE -3- MINUTE BOOK 28 • Resolution No: 2017-54 – Accepting Commerce Boulevard as a City Street. RESOLUTION NO: 2017-54 WHEREAS, Commerce Boulevard is a street shown by a plat recorded on August 19, 2015 in Plat Book 29, page 119, in the Register of Deeds’ Office of Bradley County, Tennessee; and WHEREAS, Commerce Boulevard is located inside the City limits of the City of Cleveland; and WHEREAS, the developer of this street has requested that the City accept Commerce Boulevard as a City street; and WHEREAS, City engineering staff have inspected Commerce Boulevard to confirm that this street has been constructed to City of Cleveland street construction standards; and WHEREAS, City engineering staff is now recommending that the City accept Commerce Boulevard for a distance of 1030 feet from the south line of Pleasant Grove Road 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 a Commerce Boulevard for a distance of 1030 feet from the south line of Pleasant Grove Road as a City street. This 28th day of August, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-55 – Amending the contract with Cannon & Cannon for engineering and design work at Georgetown Road/Westside Drive. RESOLUTION NO. 2017-55 WHEREAS, the City of Cleveland and Cannon & Cannon, Inc. previously entered into a professional services agreement dated March 12, 2012 for Professional Survey and Engineering Design Services for the Georgetown Road/Westside Drive at 25th Street Intersection Improvements; and WHEREAS, the City has recently received the attached proposed change order #2 to the agreement with Cannon & Cannon, Inc., which would raise the total contract amount by $8,300 to $40,000; and WHEREAS, based upon the recommendation of City staff, the City Council desires to approve of this change order and to further authorize the Mayor to execute the supplemental agreement incorporating the change order on behalf of the City of Cleveland. p. 598 REGULAR SESSION AUGUST 28, 2017 PAGE -4- MINUTE BOOK 28 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 change order #2 to the referenced agreement with Cannon & Cannon, Inc., and it further authorizes the Mayor to execute the supplemental agreement incorporating the change order on behalf of the City of Cleveland. This 28th day of August, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-56 - Authorizing the Mayor to sign a grant application for the 2017 Edward Byrne Grant to be used for in-car camera systems. RESOLUTION NO: 2017-56 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR FY2017 THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Cleveland desires to apply for a FY2017 Edward Byrne Memorial Justice Assistance Grant in the amount of $36,481 through the United States Department of Justice, Bureau of Justice Assistance, to be used for in-car camera systems; and WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents and to take all actions on behalf of the City that may be necessary or appropriate in connection with the grant application and the grant if approved. NOW, THEREFORE, BE IT RESOLVED that the City of Cleveland is authorized to apply for this grant, and the Mayor is hereby authorized to sign all documents on behalf of the City that may be necessary or appropriate for the completion of the grant application. BE IT FURTHER RESOLVED that if the City is awarded the grant, that the Mayor is further authorized to sign all documents or take any other action on behalf of the City that may be necessary or appropriate for the City to accept the grant. This 28th day of August, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes 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. p. 599 REGULAR SESSION AUGUST 28, 2017 PAGE -5- MINUTE BOOK 28 REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland asked if the Council voted for option 2 out of the three budget options presented concerning the tax increase, would it include everything needed to fund the Police and Fire departments, Public Works and Parks & Recreation and if the only thing option 3 holds back is the downtown revitalization, which the Council can look at in another year. Mr. Fivas replied option 2 has the investments in the paving cycle, sidewalks, public infrastructure for the downtown revitalization. Mayor Rowland asked for clarification on option 3. Mr. Fivas stated option 3 includes 12 Police Officers, 12 Firefighters, which are phased in. Also, the one-time projects like the fire training center and intersection improvements at Mouse Creek/Paul Huff, Peerless/25th Street and Paul Huff/Peerless. Mayor Rowland asked if option 2 was eliminated how much would that save. Mr. Fivas stated roughly 9 cents. Vice Mayor Johnson thanked everyone for their public input then stated there is a lot of information with this tax increase. We’ve asked departments to cut and sacrifice and now hearing from the public, it appears we are moving too fast. However, he has a hard time slowing down because he hears the needs of the departments and City Schools. People here support Police and Fire but when it comes to funding you don’t want to. You have to fund it if you’re going to support it. He then asked if the rate can be lowered to $1.99 and still make everything work, which he feels this shows we hear the people but also we know the needs. Mr. Fivas stated at $1.99 we would lose maybe two one-time projects this year and we could tweak some of the phased-in items. You could still achieve what you want to do, you’re just not getting it as fast as you want it. He suggested the Council adopt a rate and we’ll bring back a revised budget. He then stated the downtown revitalization funds are not only for the Whirlpool site, it includes Inman Street, parking, a portion of the greenway project, the Taylor’s Springs project, street- scaping project with Lee University and hanging baskets. There are numerous projects. Mayor Rowland stated he would just like to separate Whirlpool property from the discussion. Councilman Banks asked Councilman McKenzie what were his thoughts. Councilman McKenzie stated $1.99 is not much different from $2.06. Councilman Banks asked what would he like to do away with. Councilman McKenzie asked if we needed 12 firefighters. Councilman Banks stated we have already funded Station 6 and if we want to open it we’ll need them. Vice Mayor Johnson asked if we needed Station 6 and 7, specifically Station 6 for the industrial park. Chief Harrison replied yes, we are two stations behind. These areas are outside our four minute response time and Station 6 does not depend on the industrial park. Councilman Banks asked about the number of gangs in Cleveland. Chief Gibson stated in the last five years we’ve had an increase of validated gang members booked into the Bradley County Jail and also through Juvenile Court. Councilman Cassada stated he is for keeping up the services we currently now have and moving the City forward. Also, any revenue we might have at the end of the projects he is all for paying down debt service. We need to be a stronger community as a whole. Councilman May asked for an update on the Joe V. Williams properties. Mr. Jobe stated papers have been served for the Church Street location. He has to start physical work because the sidewalk has been closed due to falling debris. Councilman May then moved for the City Attorney to prepare an ordinance for the next meeting related to property tax freeze. Mr. Kimball clarified to adopt the State’s Tax Freeze program. Councilman May stated correct. The motion was seconded by Councilman Banks. Councilman Estes asked that it include a financial scale, because it’s fluctuates year-to-year. Mr. Kimball stated the Ordinance is simple, you desire to adopt the State’s Tax Freeze Program. The City will only take applications and submit them to the State. Upon roll call, the motion unanimously passed. p. 600 REGULAR SESSION AUGUST 28, 2017 PAGE -6- MINUTE BOOK 28 Councilman May continued that he is not against a tax increase but is not for the current proposed tax rate. Councilman Banks asked him what could he live with. Councilman May replied it doesn’t need to be something we just come up with off the top of our heads. Councilman Cassada stated we take things off the sheet we have been given, which lists the projects. Councilman May stated he wasn’t ready today to take things off the sheet. He’d like to put some thought into it. Councilman Banks stated on first reading he voted for $2.06. He’s listened to all the needs and looked at all the statistics and like always, we have to support those who protect us. We have the same number of police officers we had 13 years ago and we are growing at a rate of 1,000 people a year that says we haven’t kept up with the times and we should’ve been increasing the tax rate every year as our needs developed. We can’t make a wish list and not vote to fund it. We can’t annex or grow our city. We have 60 acres at Whirlpool and a chance to help them make it something special. We are at a crossroads. We can say it’s a great increase but when you compare it to other cities our size. Politics get in the way but when you look at what you’re getting for what you’re paying, well, he’s sticking with the $2.06. Councilman May stated we’ve asked in the past for departments to cut their budgets 5-10%. We’ve created this problem and now all of a sudden we’re going to catch up in one year. We are putting too much on the taxpayer. Councilman Banks stated he is not opposed, once the intersections are completed, to allocate any additional money towards debt service. Councilman May stated he believes we should phase in what we are trying to do. It is very unlikely all the projects will be completed in one year. Councilman Banks stated we owe it to our community to provide what they need downtown, restaurants and entertainment. We don’t need to be divided over this, we need to be unanimous. Councilman McKenzie commented about taxes received from Lee University. Councilman Banks stated they do a lot for this town. Councilman May stated they bring a tremendous amount of sales tax dollars. Councilman Banks stated if Vice Mayor Johnson pushes $1.99 he will vote for it but feels $2.06 is a good rate. Vice Mayor Johnson stated we need to lower the paving cycle, we have a great school system, have industry coming to the area, we have a good quality of life and all these things cost money. People want to live in a community where they feel safe. I hate to drop the rate but if the public wants us to slow it down and not be able to do much of anything we can’t go lower than $1.99. He continued that if there was a not a majority to vote for $2.06 he’d make a motion for $1.99. Councilman McKenzie stated if he votes to raise taxes people are going to get rid of him at the next election. If he votes to not raise taxes people are going to get rid of him, so what is he supposed to do. He stated he is not getting any more on his social security so he can’t go up. Councilman Estes stated he had a few comments, which the first four are in order of importance and the rest are important to him. One, very few things are more regressive than a property tax. When we talk freezing rates, he understands but we don’t have tools to raise revenues. The younger generation is not going to come here if we don’t have good Police and Fire, Greenway and good schools. Two, he is a firm believer of good stewardship theory. We have to be good stewards of what we have, which means reinvesting and giving back. On a local level you can talk about schools. You never get tired of paying for good schools. We take care of others. It’s not always politics, it’s value. Yes, we invest and we are good stewards. We have to keep it up and raise taxes to provide better service. Three, nothing will happen downtown if we do not get control of the Summit/Cherokee Hotel. If it comes on the market and there is not a commercial buyer out there we must step in. We need money to step to the table. Four, in the Tennessean there was a great article on Williamson County and their struggle with growth and funding services and schools. The values and politics are in the article. Five, well over fifty people contact him about the tax rate. He had many more people in favor of the full option 3. He doesn’t think the people in the room today set the tenor for the entire community. He wishes they could be unanimous and anyone who feels Lee University doesn’t contribute to the community needs a small course in finance. Lastly, in two weeks can we have the audio working. It’s simple, get it working. p. 601 REGULAR SESSION AUGUST 28, 2017 PAGE -7- MINUTE BOOK 28 Mayor Rowland stated on the agenda is final passage of Ordinance No: 2017-41; adopting the 2017 Tax Rate at $2.06; heretofore passed on first reading July 24, 2017 and found Minute Book 28, Page 584. Councilman Banks moved to approve Ordinance No: 2017-41 on final reading. The motion was seconded by Councilman Estes. Upon roll call, Councilman Banks, Councilman Estes, Councilman Cassada and Vice Mayor Johnson voted aye. Councilman May and Councilman McKenzie voted no. The motion passed 4:2. NEW BUSINESS AND ORDINANCES Mayor Rowland stated he is reappointing Amy Banks, David May, Jr., Jo Benjamin, Will Jones and Dale Hughes to the Tree Board all with terms to expire August 28, 2019. Mayor Rowland stated the next items is the appointment – Cleveland Airport Authority – Ben Chandler for a five-year term to begin on September 28, 2017 and expire September 27, 2022 (Replacing Verrill Norwood, whose term expires on September 27, 2017). Councilman Cassada asked Verrill Norwood if he wanted to continue to serve on the Airport Authority. Mr. Norwood stated yes. Councilman Banks recommends Ben Chandler go to the next Airport Authority meeting on September 22 and be introduced to the Board and then Council to vote on September 25. Councilman Cassada stated he would like to delay until the September 25 meeting. There being no future business the meeting was adjourned at 4:10 p.m. _________________________________ ______________________________ Mayor City Clerk