Cleveland City Council

p. 9 REGULAR SESSION JANUARY 22, 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 22, 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., Dale Hughes and Richard Banks. Councilman Charlie McKenzie 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; Bethany McCoy with Lee University; City Reporter Randall Higgins; Auditor Mark Lay; Tad Bacon with Cleveland Utilities; Gary Farlow and Doug Berry with the Chamber of Commerce; Demetrius Ramsey; Lawrence Armstrong; Tiffany Wood; Ken Webb; Sherry Brown; Desire Abraham; Brian Graves with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Reverend Randy Bonner the following business was then entered into: Councilman Cassada moved to excuse Councilman McKenzie from today’s meeting. The motion was seconded by Councilman Hughes; 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 January 8, 2018 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 Auditor Mark Lay with Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall, PLLC gave his annual report on the FY2017 City Audit. He thanked the City, Library, City School and Cleveland Utilities staff for their assistance and cooperation in obtaining any information that was requested. He encouraged the Council to read the Management Discussion and Analysis and the Statistical section of the audit to have a better understanding of the audit and to see 10-year trends. He reviewed new GASB requirements, which required new disclosures for tax abatements. He also reviewed the OPEB cost and suggested the City begin setting funds aside for the future benefit of health insurance for retirees. Mr. Lay concluded by stating if anyone had any questions concerning the audit to feel free to contact him directly. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda.  Final Passage - Ordinance No: 2018-01 – heretofore passed on first reading January 8, 2018 and found in Minute Book 29, Page 6; 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).  Reappointment – Human Resource Committee – Lt. Brian Pritchard as representative of the Cleveland Police Department.  Reappointment – Wrecker Board – Verrill Norwood for an additional term to expire October, 2022. p. 10 REGULAR SESSION JANUARY 22, 2018 PAGE -10- MINUTE BOOK 29 Councilman Cassada 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 welcomed the new employees that are with us today during their orientation. Councilman Cassada announced the Opioid Summit would be held on February 9 from 10-12 at the Museum. Attorney General Steve Crump will speak and everyone is invited to attend for an open dialogue. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full:  Ordinance No: 2018-02 – Amending Title 8, Chapter 2, Section 8-209(1) to increase the number of Class 2 Beer Permits from 12 to 14. ORDINANCE NO: 2018-02 WHEREAS, under Section 8-209(1) of the Cleveland Municipal Code, Class 2 beer permits for on premises consumption are currently limited to twelve (12) permits; and WHEREAS, the City Council desires to amend Section 8-209 (1) of the Cleveland Municipal Code to increase the number of Class 2 beer permits from twelve (12) to fourteen (14). NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 8, Chapter 2, Section 8-209(1) of the Cleveland Municipal Code is amended by deleting 8-209 (1) in its entirety and replacing it with the following language: 8-209 Beer permits shall be restrictive. (1) All beer permits shall be restrictive as the type of beer business authorized under them. Separate permits shall be required for selling at retail, storing, distributing and manufacturing. Beer permits for retail sale of beer may be further restricted by the beer board so as to authorize sales only for off premises consumption. Beer permits for Class 2 on-premises consumption shall be limited to fourteen (14) permits. As Class 2 permits are revoked or expire, the limit on the number of Class 2 permits may fall below fourteen (14). If the number of Class 2 permits falls below fourteen (14), applications shall then be accepted for new Class 2 permits. Any new applications for Class 2 permits shall be processed in the order by which the permit applications are received by the City of Cleveland. Unless a new Class 2 permit is issued to a purchaser of a business holding an existing Class 2 beer permit under the provisions of Section 8-209(2), a new Class 2 permit may not be issued by the City of Cleveland so long as the total number of Class 2 permits is fourteen (14). It shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by their permit. It shall likewise be unlawful for a beer permit holder to fail to comply with any and all express restrictions or conditions which may be written into a permit by the beer board. Section 2: BE IT FURTHER ORDAINED that this ordinance shall become effective upon passage on final reading, the public welfare requiring it. p. 11 REGULAR SESSION JANUARY 22, 2018 PAGE -11- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2018-02 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed.  Ordinance No: 2018-03 – Amending the FY2018 Budget. ORDINANCE NO: 2018-03 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2017-2018 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE. BE IT ORDAINED by the City Council of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2017-2018 be amended according to the attached amendment. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of Cleveland requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 12 REGULAR SESSION JANUARY 22, 2018 PAGE -12- MINUTE BOOK 29 p. 13 REGULAR SESSION JANUARY 22, 2018 PAGE -13- MINUTE BOOK 29 p. 14 REGULAR SESSION JANUARY 22, 2018 PAGE -14- MINUTE BOOK 29 p. 15 REGULAR SESSION JANUARY 22, 2018 PAGE -15- MINUTE BOOK 29 Assistant City Manager/CFO Shawn McKay reviewed the budget amendments, explaining the carryovers for hail damaged vehicles and the loss of Hall Income tax revenue. Councilman Estes moved that Ordinance No: 2018-03 be approved on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed.  Resolution No: 2018-06 – Authorizing the Mayor to sign an agreement for the Downtown Redevelopment Consultants. RESOLUTION NO: 2018-06 A RESOLUTION APPROVING OF THE SELECTION OF WSP USA, INC. TO PROVIDE PROFESSIONAL SERVICES FOR THE DOWNTOWN REVITALIZATION PLAN (PHASE I) WHEREAS, the City Manager and City development and planning staff have completed the consultant selection process for the City's downtown revitalization initiative; and p. 16 REGULAR SESSION JANUARY 22, 2018 PAGE -16- MINUTE BOOK 29 WHEREAS, the City Manager and City development and planning staff are now recommending that the City select WSP USA, Inc. to provide professional services in connection with the City's Downtown Revitalization Plan-Phase I; and WHEREAS, the City Manager and City development and planning staff have been working with WSP USA, Inc. to finalize a professional services agreement with WSP USA, Inc. for this project, which agreement would provide for maximum compensation in the amount of Three Hundred Ninety Nine Thousand Dollars ($399,000.00); and WHEREAS, the City Council desires to approve of the selection of WSP USA, Inc. for the project described herein, and to authorize the Mayor to execute a professional services agreement with WSP USA, Inc. on behalf of the City once the agreement has been finalized and approved by the City Manager and City's development and engineering staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Council does hereby approve of the selection of WSP USA, Inc. to provide professional services for the project described herein, and the City Council further authorizes the Mayor to execute the professional services agreement on behalf of the City once the agreement has been finalized and approved by the City Manager and City development and engineering staff, subject to WSP, USA, Inc. agreeing that all data is owned by the City. Approved this 22nd day of January, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk City Manager Joe Fivas reviewed the following cost proposal from WSP. p. 17 REGULAR SESSION JANUARY 22, 2018 PAGE -17- MINUTE BOOK 29 Councilman Estes moved that Resolution No: 2018-06 be accepted as presented. The motion was seconded by Councilman May. Councilman Estes asked if the City would own all the data once completed. Mr. Fivas stated yes, that is our position. Councilman Estes then amended his motion to include in the resolution subject to WSP agreeing that all data is owned by the City. Councilman Banks seconded the amendment. He then stated staff is recommending WSP based on numerous criteria and also a significate cost factor involved. Mr. Fivas stated that is correct. Upon roll call the motion to approve the Resolution was unanimously passed. Councilman Cassada thanked Mayor Rowland, Sue Zius, Joe Fivas and Beverley Lindsey for their help on the upcoming Opioid Summit. It is a good thing to discuss in our community. There being no future business the meeting was adjourned at 3:24 p.m. _________________________________ ______________________________ Mayor City Clerk