Cleveland City Council

p. 665 REGULAR SESSION DECEMBER 11, 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, DECEMBER 11, 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; Fire Chief Ron Harrison; Jeff Davis, Personnel Director, Executive Secretary Beverley Lindsey; Sue Zius, Assistant to the Mayor/Legislative Liaison; Brian Moran, Social Media Coordinator; Bethany McCoy with Lee University; City Reporter Randall Higgins; Tad Bacon with Cleveland Utilities; Gary Farlow with the Chamber of Commerce; Martha Ledford; Robert Gaylor; School Board Members Charlie Cogdill and Dawn Robinson; Doug Moore; Teresa Torbett, CDBG Coordinator; Julian Sullivan; Keith Barrett; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Representative Kevin Brooks, 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 27, 2017 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. Councilman Cassada moved to excuse Councilman Hughes from today’s meeting. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland handed out Service Awards to several employees with twenty plus years of service. Mayor Rowland then thanked each employee for their dedicated service. • 35 Years: Tim Winder – Police • 30 Years: Gene Smith - Animal Control Tony Brown - Public Works Kim Spence – Administration Steve Tyson – Police • 25 Years: Jeremy Noble - Police Bobby Gaylor - Fire Mike Harris - Police Jeff Griggs - Police Beverly Lindsey – Administration Teresa Torbett – DES Buddy Mitchell - Police Jimmy Tatum - Recreation Susan Jerfie – Police p. 666 REGULAR SESSION DECEMBER 11, 2017 PAGE -2- MINUTE BOOK 28 • 20 Years: Renada Skelton - Recreation Chris McRoberts - Fire Joe Greenleaf - Fire Matt Jenkins - Police Eric McAmis - Fire John Milen - Police Mark Gibson - Police Terry Pugh - Recreation Mark Darnell - Police Councilman Banks declared the service weapon of Sergeant Mike Moses as surplus property effective upon the date of his retirement this year and hereby given to him as a token of the City’s appreciation for his 29-years of dedicated service to the City of Cleveland’s Police Department. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Sgt. Moses thanked everyone for their support over the last 29-years. City Manager Joe Fivas announced the Fire Department Showcase will be held on December 12 from 6-7 p.m. He encouraged everyone to attend. Mayor and City Council were presented a dedication plaque of the Blythe Oldfield Park. Mr Fivas thanked everyone, especially the Public Works employees, involved in the project. Councilman Estes thanked Public Works again for their work two-years ago on helping with the move of the Head Start Building, which made this park possible. Mayor Rowland stated today’s meeting is being held to hear public comments concerning a request to rezone 2.10 acres from R1 Single Family Residential Zoning District to R3 Multi- Family Residential Zoning District for a property located on Harrison Pike and Georgetown Rd (Tax Map 049K Group C Parcels 20.00, 21.00, 21.01, 22.00, 23.00). Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition to the approval of the rezoning. No one spoke. Mayor Rowland then declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage – Ordinance No: 2017-57 – heretofore approved on first reading November 27, 2017 and found in Minute Book 28, Page 664; providing additional tax relief for those persons who qualify to receive tax relief from the State of Tennessee under the State of Tennessee's tax relief program. • Resolution No: 2017-83 - Authorizing the Mayor to sign a contract with Cleveland Utilities concerning the firing range. RESOLUTION NO. 2017-83 WHEREAS, by Resolution 2012-24 passed on 2/13/2012 the City Council approved an agreement between the City and CU relative to the City's use of CU Property for a firing range; and WHEREAS, the agreement had a five-year term and is about to expire; and WHEREAS, the City and CU desire to enter into a new agreement for another five-year term; and WHEREAS, the new agreement is attached hereto and incorporated herein by reference; and WHEREAS, the City Council desires to enter into the attached agreement with CU and to further authorize the Mayor to execute the agreement on behalf of the City of Cleveland. p. 667 REGULAR SESSION DECEMBER 11, 2017 PAGE -3- 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 agreement with CU, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 11th day of December, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-84 – Accepting the donation of property from RAK Properties, LLC located off Inverness Drive NW. RESOLUTION NO: 2017-84 A RESOLUTION ACCEPTING A DONATION OF PROPERTY FROM RAK PROPERTIES, LLC WHEREAS, RAK Properties LLC is the owner of a parcel of land located off Inverness Drive NW which is more specifically identified as Tax Map 041 Parcel 005.22, and WHEREAS, RAK Properties LLC has graciously offered to donate this real property to the City of Cleveland with the exception of a small corner of the parcel which is part of the detention pond for the adjacent development; and WHEREAS, the land to be donated to the City will be used for public benefit; and WHEREAS, the proposed deed from RAK Properties LLC is attached hereto and incorporated herein by reference; and WHEREAS, the City of Cleveland greatly appreciates the donor’s proposed gift to the City, and desires to accept the same; and WHEREAS, once the property is donated to the City and a more formal plan is developed for the use of the property, City staff will work with the donor to make sure that appropriate signage is erected to recognize the gift. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby accept the donation of the land described in the attached documents and it hereby extends its sincere appreciation to RAK Properties LLC for its gift to the City. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 668 REGULAR SESSION DECEMBER 11, 2017 PAGE -4- MINUTE BOOK 28 • Resolution No: 2017-85 – Authorizing the submission of the 2017-2020 Special Litter Grant. RESOLUTION NO: 2017-85 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2017-2020 SPECIAL LITTER GRANT WHEREAS, the State of Tennessee Department of Transportation is sponsoring competition for $1,500,000 of grant funds for special litter and recycling projects that go beyond routine maintenance; and WHEREAS, each winning proposal may be awarded a total of $25,000 to $200,000 in grant funds, which will be used to reimburse expenses on a quarterly basis for a maximum of three years; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to apply for the grant application, and authorize the Mayor to sign the same, as well as to execute any other documents which may be necessary to implement the grant if the same is awarded by the Tennessee Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the Mayor be and hereby is authorized to sign and submit this grant application with the State of Tennessee Department of Transportation on behalf of the City of Cleveland. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign any other documents or take any actions which may be necessary or appropriate to accept and implement the grant if the same is awarded to the City by the Tennessee Department of Transportation Adopted this 11th day of December, 2017 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Reappointment – Housing Board of Adjustment and Appeals – Rick Butler for an additional 3-year term to expire October 2020. • Reappointment – Board of Zoning Appeals – Ed Brown for an additional 3-year term to expire November 2020. • Reappointment – Board of Zoning Appeals – Clint Taylor for an additional 3-year term to expire November 2020. • Reappointment – Fletcher Park – Lisa Zius for an additional 3-year term to expire December 2020. • Reappointment – Fletcher Park – Dewayne Bunch for an additional 3-year term to expire December 2020. Councilman Cassada moved to approve the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, the motion to approve the consent agenda unanimously passed. p. 669 REGULAR SESSION DECEMBER 11, 2017 PAGE -5- MINUTE BOOK 28 REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland announced he is reappointing Ken Melton to the Cleveland Board of Public Housing. Councilman Estes stated Impact Cleveland recently became a Community Development Corporation beginning January 1, 2018 and will now be called City Fields. This will greatly affect the City going forward and as we discuss redevelopment, be on the lookout for their new name. Secondly, Lee University’s graduation will Saturday, December 16 so there will be a bit more traffic in town. Lastly, he asked where did the name Deer Park come from. Councilman May replied live deer used to be kept there. Councilman Estes then asked if we could look at only two pickleball courts instead of four there at Deer Park, to add more greenspace. Ms. Carroll stated there have been community request for four. Councilman Estes was unsure about the need and felt two was plenty. Mr. Fivas replied they will take it under advisement. Councilman Cassada thanked the City School Board for allowing them to visit the new elementary school site and showing them around. Councilman May stated last week was the Employee Appreciation luncheon and it always feels like a family reunion. We have the best employees and it shows. He thanked all City Staff and wished everyone a Merry Christmas. Mayor Rowland thanked Ms. Carroll and her team for their work on the luncheon. Councilman Banks thanked Julian Sullivan, Scott Taylor and the Bank of Cleveland Board for hosting the Mainstreet Party. It was well attended and lots of history was discussed. He appreciates Bank of Cleveland’s efforts to preserve downtown Cleveland. He then stated he has received several compliments on the leaf collection done by Public Works. Councilman Banks continued by wishing everyone a Merry Christmas and announced he would not be seeking re-election. He has been here for 14 ½ years, which he feels is long enough and has enjoyed working with the Council and the Mayor. Cleveland is really blessed to have Mayor Rowland. We have accomplished a lot over the years and in the future months he would like to revisit a full no-kill animal shelter in Cleveland and also a Recycling Program. Vice Mayor Johnson complimented the School System on receiving a 100 on their health report. Mayor Rowland stated we are ahead of the curve. Vice Mayor Johnson thanked everyone for their support and help during 2017. He then wished everyone a Merry Christmas. Mayor Rowland stated Dustin Tommy was the right person at the right time for Impact Cleveland. He is a dedicated public servant. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: Zoning Ordinance No: 2017-58 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 R1 Single-family Residential Zoning District to R3 Multi-Family Residential Zoning District. Approximately 2.10 acres, more or less, located at Harrison Pk and Georgetown Rd as shown on the attached map. p. 670 REGULAR SESSION DECEMBER 11, 2017 PAGE -6- MINUTE BOOK 28 For reference, see Book 2202 Page 684, Book 2252 Page362 and Book 2202 Page678 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 49k Group C Parcels 20.00, 21.00, 21.01, 22.00, 23.00 in the Assessor’s Office for Bradley County, Tennessee. 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 Councilman May moved to deny passage of Ordinance No: 2017-57 on first reading. The motion was seconded by Councilman Estes; and upon roll call, the motion was unanimously passed. Mayor Rowland announced City offices will be closed as follows: • Monday, December 25 and Tuesday December 26 for the Christmas Holiday. • Monday, January 1 and Tuesday, January 2 for the New Year’s Holiday. • Next City Council meeting will be held on January 8, 2018. There being no future business the meeting was adjourned at 3:28 p.m. _________________________________ ______________________________ Mayor City Clerk