Cleveland City Council

p. 613 REGULAR SESSION SEPTEMBER 25, 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, SEPTEMBER 25, 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., Dale Hughes and Richard Banks. 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; Karen Stovall, Executive Secretary of Parks and Recreation; Fire Chief Ron Harrison; Jeff Davis, Personnel Director, Executive Secretary Beverley Lindsey; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Brian Moran, Social Media Coordinator; Teresa Torbett, CDBG Coordinator; Bethany McCoy with Lee University; City Reporter Randall Higgins; Tad Bacon with Cleveland Utilities; Dawn Robinson, Gary Farlow and Doug Berry with the Chamber of Commerce; Verrill Norwood, Airport Authority Member; Mikey Torbett; David Constance; David Benton; Doug Caywood; Ben Chandler; Matt Ryerson; Jim Williams; John Richardson; 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: 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 September 11, 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’s meeting is being held as a public hearing to hear public comments public comments concerning a request to rezone .46 acres from PI Professional Institutional to R2 Low Density Single and Multi-Family for a property located at 3010 Henderson Ave NW. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition of the rezoning. 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 2016- 2017 Community Development Block Grant Program and for the 2018 Action Plan. Mayor Rowland asked if anyone would like to speak in favor of the CAPER. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition of the CAPER. No one spoke. Mayor Rowland declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Ordinance No: 2017-45 – heretofore passed on first reading September 11, 2017 and found in Minute Book 28, page 607; abandoning a portion of excess right-of-way located on Linden Ave SE at 2nd St SE (Planning Commission: Approved 7-0; 2 members absent). p. 614 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -2- MINUTE BOOK 28 • Final Passage - Ordinance No: 2017-46 – heretofore passed on first reading September 11, 2017 and found in Minute Book 28, Page 609; amending Section 2.10.1 and Table 1 of the Zoning Regulations to create provisions which allow mini- warehouses which are internally accessed as a principally permitted use within the CG General Highway Zoning District (Planning Commission: Approved 7-0; 2 members absent). • Final Passage - Zoning Ordinance No: 2017-47 - heretofore passed on first reading September 11, 2017 and found in Minute Book 28, Page 610; rezoning 5.0 acres described as Unity Subdivision located on Unity Dr NE from IL Light Industrial Zoning District and R2 Low Density Single and Multi-Family Residential Zoning District to R1 Single Family Residential (Planning Commission: Approved 7-0; 2 members absent). • Final Passage - Ordinance No: 2017-48 - heretofore passed on first reading September 11, 2017 and found in Minute Book 28, Page 611; amending the sign regulations of PUD6 located at Cleveland Towne Center on Paul Huff Parkway, Frontage Rd and Interstate 75 (Planning Commission: Approved 7-0; 2 members absent). • Resolution No: 2017-64 – Amending the Personnel Rules and Regulations related to the Employee Assistance Program and Drug & Alcohol Testing/Abuse Policy. RESOLUTION NO: 2017 - 64 A RESOLUTION AMENDING THE PERSONNEL POLICIES OF THE CITY OF CLEVELAND, TENNESSEE THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted by Resolution on February 22, 2016 a revised Personnel Rules and Regulations document entitled “The City of Cleveland Personnel Rules and Regulations”; and WHEREAS, this document contains the personnel policies of the City of Cleveland; and WHEREAS, the Human Resources Committee, Department Heads and the City Manager will review the personnel manual and submit any recommended amendments to the City Council for their consideration by the end of February each year; and WHEREAS, the City Manager, Department Heads, and the City’s Human Resources Committee are recommending the following amendment to the City’s Personnel Rules and Regulations. NOW, THEREFORE, BE IS RESOLVED by the City Council of the City of Cleveland, Tennessee in Regular Session assembled this 25th day of September, 2017 that the document entitled “The City of Cleveland Personnel Rules and Regulations” is hereby amended as follows: Section 1: Amend the City’s Personnel Rules and Regulations as follows: Section VI. – BENEFITS, as follows: • Subsection X. EMPLOYEE ASSISTANCE PROGRAM, to be deleted and replaced as follows: p. 615 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -3- MINUTE BOOK 28 Full-time employees are eligible for the Employee Assistance Program. Under this program, employees and dependents are entitled to counseling services completely free of charge. Typical situations brought to the EAP include: • Marital Problems • Personal Psychological Problems • Problems with kids • Issues with loss or grief • Problems with anxiety, stress or depression • Family problems with drugs or alcohol • Personal problems with drugs or alcohol • Help selecting programs for formal mental health or rehab treatment Employees may voluntarily disclose personal problems with drugs or alcohol to supervisor or department head. Upon receiving written confirmation from the EAP professional that employee has completed treatment and/or counseling and may return to work, terms for return to work will be determined by department head, HR Director and City Manager. Employees are entitled up to 30 consecutive calendar days for initial substance abuse treatment as follows: 1. The employee must use all sick time available, all compensatory time available, then all vacation time available. 2. In the event accumulated sick, compensatory, and vacation time is insufficient to provide the medically prescribed and needed treatment up to a maximum of 30 consecutive calendar days, the employee will be provided unpaid leave the difference between the amount of accumulated leave and the number of days prescribed and needed for treatment up to the maximum 30- day treatment period. Any and all information regarding treatment through EAP shall be kept in strict confidentiality. Section VIII. – MISCELLANEOUS POLICIES, as follows: • Subsection D. DRUG & ALCOHOL TESTING/ABUSE POLICY, to be deleted and replaced as follows: The City of Cleveland is committed to providing a safe work environment and to fostering the well-being and health of its employees. That commitment is jeopardized when any City of Cleveland employee illegally uses drugs on or off the job, comes to work under the influence, possesses, distributes or sells drugs in the workplace, or abuses alcohol on the job. Therefore, the City of Cleveland has established the following policy, pursuant to T.C.A. Section 50-9-100 et. seq: 1) It is a violation of policy for any employee to use, possess, sell, trade, offer to sale, or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on or off the job. 2) It is a violation of policy for any employee to report to work under the influence of or while possessing in her or her body, blood or urine, illegal drugs in any detectable amount. 3) It is a violation of policy for any employee to report to work under the influence or impaired by alcohol. p. 616 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -4- MINUTE BOOK 28 4) It is a violation of policy for any employee to use prescription drugs illegally, i.e., to use prescription drugs that have not been legally obtained or for a purpose other than as prescribed. However, nothing in this policy precludes the appropriate use of legally prescribed medications. 5) Violations of this policy are subject to disciplinary action up to and including termination. It is the responsibility of the supervisor and/or department head to counsel an employee whenever they see changes in performance or behavior that suggest an employee has a drug problem. Although it is not the supervisor nor department heads’ job to diagnose personal problems, the supervisor and/or department head should encourage employees to seek help and advise them about viable resources for getting help. Everyone shares responsibility for maintaining a safe work environment, and co-workers should encourage anyone who has a drug problem to seek help. The goal of this policy is to balance our respect for individuals with the need to maintain a safe, productive and drug-free environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal use of drugs and the abuse of alcohol are incompatible with employment at the City of Cleveland. As a condition of employment, employees must abide by the terms of this policy and must notify the City of Cleveland in writing of any conviction of a violation of a criminal drug statute occurring in the workplace, no later than five calendar days after such conviction. Employee Assistance Program (EAP) The City of Cleveland offers an Employee Assistance Program (EAP) benefit for employees and their dependents. The EAP provides confidential assessment, referral and short-term counseling for employees who need or request it. If an EAP referral to a treatment provider outside the EAP is necessary, or an employee chooses a treatment provider outside the EAP, costs may be covered by the employee’s medical insurance; but the cost of such outside services are the employees’ responsibility. Confidentiality is assured. NO information regarding the nature of the personal problem will be made available to the City of Cleveland, nor will it be included in the permanent personnel file. Participation in the EAP will not affect an employee’s career advancement or employment nor will it protect an employee from disciplinary action if substandard job performance continues. The EAP is a process used in conjunction with discipline, not a substitute for discipline. The EAP can be accessed by an employee through self-referral or through referral by a supervisor and/or department head. We will distribute information about the EAP to employees for their confidential use. Confidentiality The confidentiality of any information received by the employer through a substance abuse testing program shall be maintained, except as otherwise provided by law. Job Applicant Drug Testing All job applicants at the City of Cleveland will undergo testing for substance abuse as a condition of employment. Any applicant with a confirmed positive test result will be denied employment. p. 617 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -5- MINUTE BOOK 28 Applicants will be required to submit voluntarily to a urinalysis test at a laboratory chosen by the City of Cleveland, and by signing a consent agreement that will release the City of Cleveland from liability. If the physician, official or lab personnel has reasonable suspicion to believe that the job applicant has tampered with the specimen, the applicant will not be considered for employment. The City of Cleveland will not discriminate against applicants for employment because of a past- history of drug or alcohol abuse. It is the current illegal use of drugs and/or abuse of alcohol, preventing employees from performing their jobs properly, that the City of Cleveland will not tolerate. Employee Drug & Alcohol Testing The City of Cleveland has adopted testing practices to identify employees who illegally use drugs on or off the job or who abuse alcohol on the job. In all instances, both a quick test and laboratory testing will be conducted. All positive results of the quick test will be reported to the Risk Manager or his/her designee as well as the designated laboratory. Upon receiving notification of a positive drug screen or breath alcohol level above the cutoff, the Risk Manager will immediately notify the City Manager, Department Head and Human Resources Director. The Department Head shall immediately acknowledge receipt of the notification. The Risk Manager, City Manager, HR Director and Department Head will then schedule a meeting as soon as possible to discuss the drug and/or alcohol test results. The laboratory shall report drug test results only to the designated MRO, who will review them in accordance with accepted guidelines and the procedures adopted by the City of Cleveland. A positive quick test will result in the employee being removed from the job until a confirmed positive or negative is received by the facility and Medical Review Officer. It shall be a condition of employment for all employees to submit to drug and alcohol testing under the following circumstances: 1. When there is reasonable suspicion to believe that an employee is illegally using drugs or abusing alcohol. “Reasonable Suspicion” is based on a belief that an employee is using or has used drugs or alcohol in violation of this policy drawn from specific objective and articulable facts, behavior and reasonable inferences drawn from those facts considering experience and training. It is the employee’s responsibility to inform the proper supervisory personnel of his/her use of any legally prescribed medication and/or over- the-counter medication that may adversely affect the mental, physical, or emotional ability of the employee to safely and efficiently perform his/her duties. All supervisors will be provided annual training on reasonable suspicion testing. It is the responsibility of the supervisor to apply their required training for reasonable suspicion to observe employees, and to the best of their training and ability, assure employees are not impaired before they go on duty or perform any work. Among other things, such facts and inferences may be based upon, but not limited to, the following: a) Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to drug or alcohol abuse; b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; c) A report of drug or alcohol abuse provided by a reliable and credible source; d) Evidence that an individual has tampered with any drug or alcohol test during his or her employment; e) Information that an employee has caused or contributed to an accident while at work; or p. 618 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -6- MINUTE BOOK 28 f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or alcohol while working or while on the employers’ premises or while operating the employer’s vehicle, machinery or equipment. Any employee reporting to work visibly impaired will be deemed unable to perform required duties and will not be allowed to work. The employee’s supervisor will properly document their specific reasons and observations in writing to the Risk Manager immediately upon the decision to test, for review and scheduling. If, in the opinion of the supervisor, the employee is considered impaired, the employee will be sent home or to a medical facility by some means of safe transportation alternative – depending on the determination of the observed impairment - and accompanied by the supervisor or another employee if necessary. A drug or alcohol test may be in order. An impaired employee will not be allowed to drive. 2. When employees have caused or contributed to an on-the-job accident/incident that resulted in damage to city-owned or private property or involved a third-party; or an injury that resulted in a loss of work-time, which means any period during which an employee stops performing the normal duties of employment and leaves the place of employment to seek care from a licensed medical provider. It is the responsibility of the supervisor to contact the Risk Manager and arrange testing within a two-hour period, following an accident or incident. Post-accident (post-incident) urinary testing may be impossible for unconscious, seriously injured, or hospitalized employees. If this is the case, certified or licensed attending medical personnel shall take and have analyzed appropriate specimens to determine if drugs were present in the employee’s system. Only an accepted method for collecting specimens will be used. Any failure to do post- accident (post-incident) testing within 2 hours must be fully documented by the attending medical personnel. 3. As part of a follow-up program to treatment for drug and/or alcohol abuse. Any employee of the City of Cleveland who has violated the prohibited drug or alcohol conduct standards, or has voluntarily entered a drug and/or alcohol rehabilitation program, must submit to a return-to-duty test. Follow up tests will be unannounced and at least 2 tests will be conducted in the first 12 months after an employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty. All return-to-duty and follow up testing costs will be paid by employee. 4. Random testing is unannounced. Only employee of the City of Cleveland holding a safety-sensitive positions are subject to random drug and alcohol testing. “Safety- sensitive positions” include any employee considered a first responder, such as fire and police personnel; who acts as a dispatcher for first responders; who is required to have a CDL; who is required by their position to drive a city-owned vehicle as part of their regular work day; any motor equipment operator who operates equipment within the rights of way and any employee responsible for the care and safety of children. It is the policy of the City of Cleveland to perform annual drug testing for at least 50 percent of the total number of safety sensitive employees. It is the policy of the City of Cleveland to perform annual alcohol testing for at least 10 percent of the total number of safety sensitive employees. A minimum of 15 minutes and a maximum of two hours will be allowed between notification of an employee’s selection for random urine drug and/or alcohol testing and the actual presentation for specimen collection. p. 619 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -7- MINUTE BOOK 28 If an employee is unavailable (i.e., vacation, sick day, out of town, work-related causes, etc.) to produce a specimen on the date random testing occurs, the City of Cleveland may omit that employee from random testing or await the employee’s return to work. Prohibited Drugs Substance abuse testing for job applicants and employees will include a urinalysis screen for the following drugs: Drug Cutoff Level Screen (ng/ml) Cutoff Level Opiates 300 300 Phencyclidine 25 25 Benzodiazepines 300 200 Methadone 300 300 Propoxyphene 300 300 Marijuana 20 15 Cocaine 150 100 Amphetamines 1000 500 Barbiturates 300 200 Oxycodones 100 100 (Evidential Breath Testing conducted for alcohol tests) Alcohol 0.02% BAL 0.04% BAL The local government may test for additional substances listed under the Tennessee Drug Control Act of 1989 (as amended). Drug Testing Procedures All collected urine samples will be sent to an authorized laboratory that is certified and monitored by the federal Department of Health and Human Services (DHHS). As specified earlier, in the event of an accident (incident) occurring after regular work hours, the supervisor or designated personnel will take the employee(s) to the testing site within 2 hours where proper collection procedures will be administered. The Omnibus Act requires that drug testing procedures include split specimen procedures. Each urine specimen is subdivided into two bottles labeled as a “primary” and a “split” specimen. Both bottles are sent to a laboratory. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. If the analysis of the primary specimen confirms the presence of drugs, the employee has 72 hours to request sending the split specimen to another federal Department of Health and Human Services (DHHS) certified laboratory for analysis. The employee will be required to pay for his or her split specimen test(s). For the employee’s protection, the results of the analysis will be confidential except for the testing laboratory. After the MRO has evaluated a positive test result, the employee will be notified, and the MRO will notify the Risk Manager. p. 620 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -8- MINUTE BOOK 28 Employee Alcohol Testing Procedures All breath alcohol testing conducted for the City of Cleveland will be performed using evidential breath testing (EBT) equipment and personnel approved by the National Highway Traffic Safety Administration (NHTSA). As specified earlier, in the event of an accident (incident) occurring after regular work hours, the supervisor or designated personnel will take the employee(s) to the testing site within 2 hours where proper testing procedures will be administered. For the employee’s protection, the results of the analysis will be confidential except for the testing personnel. After the personnel has evaluated a positive test result, the employee will be notified, and the testing personnel will notify the Risk Manager. Opportunity to Contest or Explain Test Results Employees who have a positive confirmed drug or alcohol test may explain or contest the result to the Medical Review Officer with five (5) working days after receiving notification of the test result from the Medical Review Officer; if an employee’s explanation or challenge is unsatisfactory to the Medical Review Officer, the Medical Review Officer shall report a positive test result back to the City of Cleveland; a person may contest the drug test result pursuant to rules adopted by the Tennessee Department of Labor. Refusal to Submit Failure to submit to a required drug and/or alcohol test is a violation of this policy and shall be subject to discipline up to and including termination. Important Information for Job Applicants and Employees When an employee or job applicant submits to a drug and/or alcohol test, they will be given a form by the testing facility that contains a list of common medications and substances which may alter or affect the outcome of a drug or alcohol test. This form will also have a space for the donor to provide any information that he/she considers relevant to the test, including the identification of currently or recently used prescription or non-prescription medication or other relevant information. The information form will be kept at the testing facility. If the job applicant or employee has a positive confirmed test result a medical review officer will attempt to contact the individual in order to privately discuss the findings with that person. The medical review officer will take this information into account when interpreting any positive confirmed test results. The information provided shall be treated as confidential and will not be given to the employer. Employees and job applicants have the right to consult with a medical review officer for technical information regarding prescription and non-prescription medication. Section 2. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 25th day of September, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 621 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -9- MINUTE BOOK 28 • Resolution No: 2017-65 – Authorizing the Mayor to sign a Memorandum of Understanding with the United States Marine Corp to conduct required training within the City of Cleveland. RESOLUTION NO: 2017-65 WHEREAS, the Cleveland Police Department has received the attached Memorandum of Understanding from the United States Marine Corps, Special Operations Command, for the Marine Corps to conduct training in the City of Cleveland; and WHEREAS, the Memorandum of Understanding is attached to this Resolution; and WHEREAS, the City Council of the City of Cleveland desires to approve said Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, that the City Council hereby approves of the attached Memorandum of Understanding with the United States Marine Corps. [on file in the City Clerk’s Office.] This 25th day of September, 2017. APPROVED AS TO FORM: /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 Banks; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Hughes commented he had been through several wars, missed several meetings and now feels like he is physically back and climbing the mountain. He apologized for his absence and is looking forward to the City’s 175-year celebration. The sky is the limit for our great City. Councilman Banks announced Cleveland 100 is Thursday, September 28 at the Cleveland Country Club at 6:00 p.m. Mayor Rowland stated we do have a table and to please see Sue Zius. Councilman Estes asked Bryan Turner to give an update on the Joe V. Williams properties. Bryan Turner reported city court was held on September 21 for three properties. First, 50 1st Street: it was continued until September 28. Mr. Williams was asked to bring proof of a contractor because the previous contractor no longer worked on the site. No fines have been assessed at this point. Councilman Estes stated there are bricks in the alleyway and it seems to be falling within itself. Mr. Turner stated the floor system was being removed and that is the debris the contractor left in the alleyway, which will be discussed in court. Councilman Estes asked how soon we could get these out of city court. Mr. Turner responded 50 1st Street is the only one left in city court. Secondly, 633 N. Ocoee Street, which is the property near the monument facing Broad Street; a contractor was hired and fines have been assessed for not completing the work on time. Work is now complete and fines were finalized at $2,391, which is currently due. Lastly, 80 Church Street; this property is moving out of city court since the status was changed to p. 622 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -10- MINUTE BOOK 28 condemned for demolition, which is a different administrative process. He has been fined $4,991. Mr. Williams has appealed the demolition decision. The hearing for the appeal will be October 3 at 5:15 p.m. with the Building Board of Adjustments and Appeals. Depending on the outcome, either give him an extension or uphold the City’s decision for demolition. Mr. Kimball commented if Mr. Williams is dissatisfied with the Boards decision, he has 60 days to file a petition to have the Boards decision reviewed to determine if it was supported by evidence. If he does nothing decision is final. Either he demolishes the building or the City would, and lien the property. Councilman Estes asked if there was a nuisance law, rather than taking these case by case. Mr. Kimball stated you either want rid of the building or it fixed. The directive you have given Mr. Turner is to try to save these historic downtown buildings, so he’s been trying to go through the process. He can only do his part and the Judge can only do what he can. Mr. Turner stated everyone should have received a copy of the letter that was sent to Mr. Williams asking him to secure the building because the door had fallen out onto the street, window glass was falling out and several others appeared close to falling. That is what changed the status to being condemned. Councilman Banks asked if anyone has sat down with Mr. Williams, since he has put $90,000 into a building, not sure if he’s paid the contractor, and now we’re going to demolish. Has anyone sat with him and tried to reason with him, like sell it or take alternative action. Mr. Turner replied we have been working with him on this building since 2015. We’ve had a lot of conversations and received calls from people who are interested in buying it and have passed along the information to Mr. Williams. That is a private issue so we just let him know about the inquiries. Mr. Turner continued the roofing is only 90% complete, so water is still getting into the structure. There have been other changes, like the windows, the façade and it has been allowed to deteriorate further. That again is what prompted the change in status. Councilman May inquired about the floor system. Mr. Turner stated on the first floor you can see where it has caved in and the holes. The structural engineer, who looked at it, noticed additional problems but we were trying to get past the first step of stopping water from entering the building. Councilman May then asked about the masonry walls. Mr. Turned stated the floor system is connected to the masonry walls, which are load baring walls. Councilman Estes asked Mr. Turner if we took all your chains off, do you have other tools you are holding back. Mr. Turner replied no, the property is condemned for demolition. We don’t want to tear all the buildings down. We would like to see him fix it or sell to someone who will. Mr. Kimball stated Mr. Williams has said in court he is in the process of securing loans so he can fix up some of the buildings and has obtained a loan for $250,000 for other properties. Councilman Banks stated he has read that Mr. Williams has threated to sue the City because we let him put $100,000 roof on and now we’re trying to tear it down. Mr. Turner stated correct. Councilman Banks then moved that the following information from the August Monthly Departmental Reports concerning Joe V. Williams’ property at 80 Church Street SE, which includes photos of the condition of the building be included in the minutes. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Intentionally left blank p. 623 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -11- MINUTE BOOK 28 p. 624 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -12- MINUTE BOOK 28 p. 625 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -13- MINUTE BOOK 28 p. 626 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -14- MINUTE BOOK 28 p. 627 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -15- MINUTE BOOK 28 Councilman Banks continued by suggesting, since this property is in litigation, maybe we should suggest to Mr. Williams we should mediate this, get the parties together and see if there is a middle ground, bring in an investor or if he’d like to sell the building. Councilman Cassada stated he would like to add a motion for the Opioid Summit at the Museum at 12:00 on November 8 to hear Mr. Crump speak about some resources that might be able to help the fight. Councilman May asked about the drainage project on Oak Street next to Deer Park. Mr. Myers stated they hope to finish by the end of October, depending on the weather. He continued they are getting the water out from under two houses that were built on top of an old culvert system, which is falling in. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution No: 2017-66 – Council consideration of the purchase of the former Cherokee Hotel. RESOLUTION NO. 2017-66 WHEREAS, as a part of the re-development of the downtown area, the City of Cleveland has been considering the possible acquisition of the real property where the former Cherokee Hotel was located, which is the same property where the Cleveland Summit Apartments are currently located; and p. 628 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -16- MINUTE BOOK 28 WHEREAS, the property is currently owned by the Cleveland Senior Housing Corporation and is generally identified as 44 Inman Street, Tax I.D. Number 049M-V-003.00; and WHEREAS, the City has received the attached proposed purchase and sale agreement from the current owner of the property; and WHEREAS, the City Council has reviewed the proposed purchase and sale agreement, and now desires to accept the proposed purchase and sale agreement, 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 purchase and sale agreement with the Cleveland Senior Housing Corporation for the purchase of the property described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 25th day of September, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2017-66 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, Councilmen May, Estes, Hughes, Banks, Cassada and Vice Mayor Johnson voted aye. Councilman McKenzie voted no. The motion passed 6:1. The following Resolution was then presented in full: • Resolution No: 2017-67 – Authorizing the Mayor to sign a new lease agreement with the Cleveland Amateur Radio Club. RESOLUTION NO. 2017-67 WHEREAS, by Resolution 2012-112 passed on November 13, 2012, the City of Cleveland and the Cleveland Amateur Radio Club entered into a 20-year Lease Agreement for a tract of land on Johnson Boulevard; and WHEREAS, the Cleveland Amateur Radio Club has approached the City about the possibility of the City conveying the leased property to the Cleveland Amateur Radio Club; and WHEREAS, after looking at various options, the City of Cleveland and the Cleveland Amateur Radio Club now desire to enter into a new lease agreement for a 40-year lease term which will replace the existing 20-year lease between the parties; and WHEREAS, the City Council desires to approve of this new lease and to authorize the Mayor to execute the new lease agreement on behalf of the City. 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 new lease agreement with the Cleveland Amateur Radio Club. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the lease agreement on behalf of the City of Cleveland. p. 629 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -17- MINUTE BOOK 28 This 25th day of September, 2017 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Resolution No: 2017-67 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Zoning Ordinance No: 2017-50 – Rezoning .46 acres from PI Professional Institutional to R2 Low Density Single and Multi-Family for a property located at 3010 Henderson Ave NW (Planning Commission: Approved 8-0; 1 member absent). ZONING ORDINANCE NO: 2017-50 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from PI Professional Institutional Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District. Approximately .46 acres, more or less, located on Henderson Ave as shown on the attached map. For reference, see lots 1a through 2c of Henderson Place Townhomes plat prepared b Brown Surveying and being shown in Exhibit B. And as being described more accurately in Exhibit C. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 630 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -18- MINUTE BOOK 28 Exhibit B Exhibit C Beginning at the northwest corner of the lands of Grace Hill, LLC, as recorded in the BCROD deed book 1948 page 822; thence with the northwest line of the aforementioned property S 39° 00’ 37” W a distance of 164.4 feet, more or less; thence with the southeast line of the lands of Jason and Dallas Corum as recorded in the BCROD deed book 2419 page 261 in a northwest direction a distance of 159.1 feet more or less; thence crossing the aforementioned property at a bearing of N 39° 00’ 37” E a distance of 91.76’, more or less, to a point on the northern line of the aforementioned property; thence with the northern line of the aforementioned property S 65° 51’ 23” E a distance of 161.41 feet, more or less, to the point of beginning. Councilman Estes moved that Zoning Ordinance No: 2017-50 be voted for passage on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2017-51 – Amending Title 15, Chapter 1, Section 15-134(7) of the Municipal Code relative to wearing of seat belts and to provide an increased fine from $25 to $30 for a first offense as mandated by State Law. ORDINANCE NO: 2017-51 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING TITLE 15, CHAPTER 1, SECTION 15-134 (7) OF THE CLEVELAND MUNICIPAL CODE TO UPDATE CLEVELAND MUNICIPAL CODE SECTION 15-134 RELATIVE TO WEARING OF SEAT BELTS, AND TO PROVIDE FOR AN INCREASED FINE FROM $25.00 TO $30.00 FOR A FIRST OFFENSE OF FAILING TO WEAR SEAT BELTS AS MANDATED BY STATE LAW WHEREAS, Tennessee Code Annotated 55-9-603 sets forth the legal requirements in Tennessee for the wearing of seat belts; and WHEREAS, in 2017, the Tennessee General Assembly passed Public Chapter 358 which amended Tennessee Code Annotated 55-9-603 to raise the mandatory fine for a first offense from $25.00 to $30.00; and WHEREAS, as a result of this change in state law, the City Council desires to amend Title 15, Chapter 1, Section 15-134 (7) of the Cleveland Municipal Code. p. 631 REGULAR SESSION SEPTEMBER 25, 2017 PAGE -19- MINUTE BOOK 28 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1. That Title 15, Chapter 1, Section 15-134 (7) of the Cleveland Municipal Code is hereby amended to read as follows: 15-134(7). A violation of this section shall be punishable by a fine of thirty dollars ($30.00) for a first offense. A second or subsequent violation of this section shall be punishable by a fine of Fifty Dollars ($50.00). Section 2. This Ordinance shall become effective upon final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Ordinance No: 2017-51 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Councilman Estes moved to name the park at the old Blythe Ave School as Blythe Oldfield Park. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Councilman Banks moved to reappoint Verrill Norwood to the Airport Authority for an additional five-year term to expire September 25, 2022 and that Ben Chandler fill any vacancies on the Board if anything becomes available. Also, that Mr. Kimball draft an ordinance for consideration expanding the Airport Authority to 7 members so Mr. Chandler can be appointed and get to work. The motion was seconded by Councilman Cassada. Councilman Cassada then stated he felt a Councilperson or Mayor should sit on the Airport Authority. Councilman Banks agreed and if the board is expanded to 7 members then one of the appointments should be the Mayor or Councilmember. Mayor Rowland expressed interest on being on the Board. Upon roll call the motion unanimously passed. Councilman Cassada moved that the Opioid Summit be held on November 8 at 12:00 at the Museum Center, which will include the 10th Judicial Drug Task Force. He asked the Mayor to extend an invitation to local law enforcement agencies, Bradley County, Larry Wallace and anyone else he feels would benefit listening to Mr. Crump. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Mayor Rowland reminded everyone the City’s 175th Celebration will be held on November 5 at the Greenway Park from 2-5 p.m. City Offices will be closed on Monday, October 9 in observation of Columbus Day. The next City Council meeting will be held on Monday, October 23. There being no future business the meeting was adjourned at 3:33 p.m. _________________________________ ______________________________ Mayor City Clerk