Cleveland City Council

p. 1 REGULAR SESSION JANUARY 8, 2018 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JANUARY 8, 2018 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 Bill Estes, Tom Cassada, David May, Jr., and Richard Banks. Councilmen Charlie McKenzie and Dale Hughes were 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 and Doug Berry with the Chamber of Commerce; School Board Members Charlie Cogdill and Dawn Robinson; Desiree Abraham; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Steve Smart with Westwood Baptist Church, the following business was then entered into: Councilman May moved to excuse Councilman Hughes and Councilman McKenzie from today’s meeting. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. 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 December 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 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 Brandon Goodman and Dustin Moorehead. Judge Sharp administered the Oath of Office to Police Officer Matthew Sharp. Judge Sharp and Mayor Rowland both welcomed them all 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 today’s meeting is being held to hear public comments concerning request to abandon a portion of unopened right-of-way located between East St NE and Lang St NE. 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 to Deny - Zoning Ordinance No: 2017-58 – Rezoning 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 (Planning Commission: Denied; 9-0 . p. 2 REGULAR SESSION JANUARY 8, 2018 PAGE -2- MINUTE BOOK 29  Resolution No: 2018-01 – Accepting Glenhaven Cove as a city street. RESOLUTION NO: 2018-01 WHEREAS, Glenhaven Cove is a street shown on a plat of The Haven At Glenwood Subdivision, which plat is recorded on June 17, 2015 in Plat Book 29, page 109, in the Register of Deeds’ Office of Bradley County, Tennessee; and WHEREAS, Glenhaven Cove is located inside the City limits of the City of Cleveland; and WHEREAS, the developer of this subdivision has requested that the City accept Glenhaven Cove as a City street; and WHEREAS, City engineering staff have inspected Glenhaven Cove 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 Glenhaven Cove 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 Glenhaven Cove as a City Street. This 8th day of January, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2018-02 – Authorizing the Mayor to sign an agreement with John Sieh/dba TATSOR Group for tactical training for the Cleveland Police Department’s SWAT team and other members of the department. RESOLUTION NO: 2018-02 WHEREAS, the City of Cleveland's Police Department and John Sieh d/b/a the TATSOR Group (hereafter John Sieh) have discussed entering into an agreement for the provision of tactical training by Sieh to the Police department's SWAT team and other members of the police department; and WHEREAS, the proposed agreement between the City and Sieh is attached to this Resolution and incorporated herein by reference; and WHEREAS, the City Council desires to approve of this agreement with Sieh and to authorize the Mayor to execute the agreement 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 agreement with John Sieh d/b/a the TATSOR Group for police tactical training, and the City Council further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland [On file in the City Clerk’s Office] p. 3 REGULAR SESSION JANUARY 8, 2018 PAGE -3- MINUTE BOOK 29 This 8th day of January, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2018-03 – Authorizing the Mayor to sign an agreement with the Department of the Army for the Mouse Creek Flood Risk Management Project. RESOLUTION NO. 2018-03 WHEREAS, the City has received the attached project partnership agreement from the Department of the Army for the Mouse Creek Flood Risk Management Project; and WHEREAS, the City Council desires to enter into this agreement with the Department of the Army, and to further authorize the Mayor to execute this agreement 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 project partnership agreement with the Department of the Army for the Mouse Creek Flood Risk Management Project, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland [on file in the City Clerk’s Office]. This 8th day of January, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2018-04 – Authorizing the Mayor to sign a contact amendment #2 with TDOT for the intersection improvements for Georgetown Road and Westside Drive at 25th Street. RESOLUTION NO. 2018-04 WHEREAS, the City has received the attached contract amendment #2 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Intersection Improvements for Georgetown Road and Westside Drive at 25th Street NW (SR-60) Agreement Number: 110328 Project Identification Number: 116143.00 State Project #: 06LPLM-F3-030 Federal Project #: STP-M-60(23) WHEREAS, the purpose of this amendment is to extend the project completion date until December 31, 2018; and WHEREAS, the City Council desires to enter into the attached contract amendment #2 with TDOT, and to further authorize the Mayor to execute this contract amendment #2 on behalf of the City of Cleveland. p. 4 REGULAR SESSION JANUARY 8, 2018 PAGE -4- MINUTE BOOK 29 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 contract amendment #2 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 8th day of January, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2018-05 – Authorizing the Mayor to sign a contract amendment #3 with TDOT for the Pleasant Grove Church Road from APD40 to South Lee Highway project. RESOLUTION NO. 2018-05 WHEREAS, the City has received the attached contract amendment #3 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Pleasant Grove Church Road from APD-40 (US-74/SR-311) to South Lee Highway (US 11/SR-2) Agreement Number: 100252 Project Identification Number: 114573.00 State Project #: 06LPLM-S3-022 WHEREAS, the purpose of this amendment is to extend the project completion date until December 31, 2019; and WHEREAS, the City Council desires to enter into the attached contract amendment #3 with TDOT, and to further authorize the Mayor to execute this contract amendment #3 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 contract amendment #3 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 8th day of January, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Reappointment – Councilman Cassada to the Economic Development Council  Reappointment – Councilman Estes to the Economic Development Council 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. p. 5 REGULAR SESSION JANUARY 8, 2018 PAGE -5- MINUTE BOOK 29 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada stated he would like to share a few New Year’s Resolutions, but first he echoed Councilman Banks’ earlier statement concerning a no-kill shelter. He also would like the possibility of implementing stages for the City to move towards a no-kill animal shelter. Mr. Fivas replied we’ve always been moving in that direction but will happy to work on a plan to get us to that point sometime in the future. Councilman Cassada then asked if there was a way to discuss a possible recycling program with Waste Connections and a place to take recycling to and move in that direction. Mr. Fivas stated we can explore our options, including centers and curbside recycling. Mayor Rowland stated he supports recycling 100%. Councilman Cassada then thanked Councilman Banks for his friendship and leadership. He also announced Mayor Rowland will be leaving us, as he is not running for re-election and will be missed. Councilman Cassada continued that he cares about the ones he serves with, along with the County Commission. When the fire broke out at the courthouse, Mayor Rowland and Mr. Fivas stepped up and offered our support and services, at no cost to the County. There are things we can work together on with the County and he appreciates it. He then had a first year in review: he is proud of the position the city took in being proactive. We have invested funds to bring this city into the 21st Century. We have a new elementary school being built on Hwy 60, Fire Hall #6, 12 new Police Officers and that makes a strong statement that will be not be soft on crime. The city is moving into major intersections to reduce traffic congestion and making our streets safer to drive. Downtown Inman Street project this year. We’ve reduced the paving cycle from 30 to 20 years. With that said, the City and County should have common goal, to provide the best services for our community. There are always individuals who want to divide the community and with division it only weakens the ones we serve. He is a true believer that a person needs to run on their own achievement, beliefs and values. He’s asking for everyone to work together and make Cleveland a better place for everyone. Councilman Banks stated his dog Lucy was a shelter dog, who he’s had for fifteen years and has given him many years of enjoyment. There are people in northern cities and western towns that have strict spay/neuter requirements and they need our overpopulation of animal, so anything our city can do to promote a no-kill shelter would be something we owe to our four- legged friends. Councilman Banks continued to thank Larry Bowers for covering the meetings and the fine reporting he does. Vice Mayor Johnson commented on the absence of Councilmembers. He feels it is unfair to the First and Fifth Districts to not have a representative here. He understands excusing absenteeism, but it seems to be pretty long for Councilman Hughes. He feels he should find someone from his district to sit in his place. It appears Councilman McKenzie might be out for a long time as well. We have several people who are willing and qualified to serve and we need to fill these seats. We need to come to an agreement on following the Charter and someone representing the districts. We owe it to the citizens in the districts to have someone in the seat during all the meetings because it’s important to have representation from all districts. Ms. Abraham addressed the Council concerning Julian Drive NE and McIntire Ave NW and the concerns of the neighborhood. First, there is considerable commercial vehicles who are speeding. Their road is an alternate route off Ocoee Street. The commercial vehicles are damaging the roads. Secondly, the residents would like to see the two-way stop to be changed to a four-way stop at Julian Drive and McIntire Avenue. There have been several accidents with the increased traffic as well. Lastly, they would like to see traffic calming devices. After a bit of discussion on the neighborhood, she thanked the City Council for hearing their concerns. Mayor Rowland stated he understands the Engineering Department is currently conducting traffic counts and compiling data and hopefully we will have a solution soon. p. 6 REGULAR SESSION JANUARY 8, 2018 PAGE -6- MINUTE BOOK 29 NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full:  Ordinance No: 2018-01 - Abandoning a portion of unopened right-of-way located between East St NE and Lang St NE (Planning Commission: Approved 8:0; 1 member absent). ORDINANCE NO: 2018-01 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of- way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right-of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: Beginning at an iron pin located at the northeast corner of the lands of Marquis and Alma Dotson, as recorded in BCROD deed book 383 page 613; thence north 22 degrees 50 minutes 00 seconds east, 7 feet to an iron pin; thence north 65 degrees 12 minutes 00 seconds west, 100 feet to an iron pin; thence south 22 degrees 50 minutes 00 seconds west, 7 feet to an iron pin; thence south 65 degrees 12 minutes 00 seconds east, 100 feet to the point of beginning. 2. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 3. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 4. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. p. 7 REGULAR SESSION JANUARY 8, 2018 PAGE -7- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B p. 8 REGULAR SESSION JANUARY 8, 2018 PAGE -8- MINUTE BOOK 29 Councilman Estes moved that Ordinance No: 2018-01 be approved on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. City Attorney John Kimball stated at a later meeting, once it goes through Planning Commission, there will be an additional 50’ section to be abandoned.  Change Order #1 – Fire Hall #6. Councilman Estes moved to accept the change order as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. There being no future business the meeting was adjourned at 3:36 p.m. _________________________________ ______________________________ Mayor City Clerk