Cleveland City Council

p. 742 REGULAR SESSION JANUARY 27, 2020 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 27, 2020 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson; Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Ken Webb. 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 Melinda Carroll; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Jonathan Jobe, Director of Development and Engineering; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Kim Miller, HR Director; Patti Pettit, Parks and Recreation Director; Fire Chief Ron Harrison; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kris Miller, IT Director; Public Works Director Tommy Myers; Beverley Lindsey, Assistant to the City Manager; Brian Moran, Assistant to the City Manager; Bethany McCoy with Lee University; Rusty Langford with City Fields; Sharon Marr with Mainstreet Cleveland; Tad Bacon with Cleveland Utilities; Building Official Bryan Turner and Tim Siniard with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Josh Cross with Westwood Baptist, 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 January 13, 2020 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Special Called Session of the City Council held on January 13, 2020 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS No special presentation and public comments. HEARING PETITIONS AND COMMUNICATIONS No hearing petitions and communications. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2020-01 – heretofore passed on first reading January 13, 2020 and found in Minute Book 29, Page 730; rezoning 0.17 acres located on Gale Drive (Tax Map 42G Group D Parcel 1.00) from PI Professional Institutional Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 7-0; 2 members absent). • Final Passage - Zoning Ordinance No: 2020-02 – heretofore passed on first reading January 13, 2020 and found in Minute Book 29, Page 731; rezoning 36.6 acres located at 405 Airport Rd NW (Tax Map 034C Group C Parcel 3.00) from RA Residential Agricultural Zoning District and R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 7-0; 2 members absent). p. 743 REGULAR SESSION JANUARY 27, 2020 PAGE -743- MINUTE BOOK 29 • Final Passage - Ordinance No: 2020-04 – heretofore passed on first reading January 13, 2020 and found in Minute Book 29, Page 732; amending Title 12 of the Municipal Code to adopt the International Building Code, 2018 Edition; the International Residential Code, 2018 Edition; the National Electrical Code, 2017 Edition; the ICC A117.1-2017 Accessibility Code; the International Property Maintenance Code, 2018 Edition; the International Plumbing Code, 2018 Edition, the International Mechanical Code, 2018 Edition; The International Fuel Gas Code, 2018 Edition; the International Energy Conservation Code, 2018 Edition; the International Existing Building Code, 2018 Edition. • Resolution No: 2020-03 - Approving a utility easement to Chattanooga Gas Company in connection with the Candies Lane project. RESOLUTION NO. 2020-03 WHEREAS, the City of Cleveland is the owner of a parcel of real property located near Candies Lane in the City of Cleveland and generally identified as Tax Map 041 005.22; and WHEREAS, in connection with the on-going Candies Lane project, Chattanooga Gas Company needs to relocate an existing gas line and there is a possibility that other utilities may need to be relocated as well; and WHEREAS, after looking at various options, the City of Cleveland’s Development and Engineering Department is recommending to the City Council that it grant the attached utility easement to Chattanooga Gas Company and Cleveland Utilities, across the parcel owned by the City so that the gas line can be relocated and other utilities may also be relocated if necessary; and WHEREAS, the City Council desires to approve of this utility easement to Chattanooga Gas Company and Cleveland Utilities and to authorize the Mayor to execute the same 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 attached utility easement to Chattanooga Gas Company and Cleveland Utilities and to their successors. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the utility easement on behalf of the City of Cleveland. This 27th day of January 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Reappointment – Building Board of Adjustment and Appeals – Chad Dean for an additional 3-year term to expire January, 2023. • Reappointment – Building Board of Adjustment and Appeals – Jim Williams for an additional 3-year term to expire January, 2023. • Reappointment – Building Board of Adjustment and Appeals – Dennis Epperson for an additional 3-year term to expire January, 2023. • RFP Update – Waterville Golf Course p. 744 REGULAR SESSION JANUARY 27, 2020 PAGE -744- MINUTE BOOK 29 AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: January 27, 2020 RE: Waterville Golf Course Lease RFP SUMMARY: The City advertised to accept proposals on January 16th for the Waterville Golf Course lease. No proposals were received. COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: City staff will proceed with another RFP with modified terms including only a 9- hole golf course. The motion to approve the consent agenda was seconded by Councilman Cassada; and upon roll call, the motion was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie inquired if King Edward Avenue would reopen once Whirlpool clears the site. Councilman Estes stated the masterplan shows it would not be reopened due to water retainage and the natural spring, but it is not ours to decide at this point. Councilman Estes thanked Brian Moran for organizing the dedication of what’s happening on Chippewa and also thanks to Tommy Myers for the progress there. Councilman Hughes stated he would like the Council to vote to have a meeting with the Bradley County Commission. There are a lot of things that are beneficial to both bodies we could discuss. He suggested the John Nichols Room at Lee University and the food could be catered. It could be the 1st or 3rd Monday in March and we could have an agenda of things to discuss. Councilman Cassada asked if we are asking the Mayor to send a letter. Councilman Hughes replied yes. Mayor Brooks stated we might be in receipt of a letter. Mr. Fivas replied he was notified that a letter was imminent, but he has not seen it yet. Councilman Estes asked if any topics were mentioned. Mr. Fivas stated traffic. Mayor Brooks added a motion to new business. Councilman Webb stated several months ago we were successful in refinancing some bond issues and asked if we continue to monitor for other opportunities. Mr. McKay replied he believes there could be something at Cleveland Utilities and at a later meeting we will discuss a plan for capital money we may need. Mayor Brooks asked if staff spoke with Postmaster Coleman regarding cluster mailboxes. Secondly, he asked for a list of projects that had been on hold from the rescission of federal funding. Lastly, he inquired about the status of the city live-streaming the meetings. Mr. Fivas replied regulations were passed in 2018 by the federal government, which is single-family neighborhoods have cluster mailboxes. This does affect us and we have looked at our code. We asked to regulate where mailboxes go in these neighborhoods, which we do not. It is our p. 745 REGULAR SESSION JANUARY 27, 2020 PAGE -745- MINUTE BOOK 29 position as a City, and certainly up the Council to change it, is that right now it is an issue between the post office and the developers. It is not a part of our code and we don’t have enforcement authority over where mailboxes should go. It is a post office decision. Councilman Estes asked if we have an ordinance regulating it would it change how we approach this. Mr. Kimball replied not likely. Federal law generally preempts state and local laws on certain issues. Mr. Fivas stated the post office has done this to cut cost. Each neighborhood is evaluated for the best approach from a cost savings. Some communities have strict regulations and it is across the board on what they are doing as some prefer single mailboxes. However, it comes down to enforcement and the postmaster dictates where the mail will be delivered. Councilman Estes stated he would like the Mayor to write a letter to the postmaster saying we are in favor of single mailboxes. Councilman Webb asked if the Senators and Congressmen could be included as well, and he didn’t see any downside to writing a letter. To answer the second question about our projects and federal funding, Mr. Jobe stated the money that the State is giving back is PL money, which is for larger planning projects and we didn’t have any funds obligated that they took. It only took our balance down and now it is back. Thirdly, the live-streaming. Mr. Fivas stated yes, the meeting is streamed on Facebook but agrees the quality could be better. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Ordinance No: 2020-05 – Amending the Municipal Code Title 8, Chapter 3, Section 8- 315 relating to Liquor Stores. ORDINANCE NO. 2020-05 AN ORDINANCE TO AMEND SECTION 8-315 (d) OF THE CLEVELAND MUNICIPAL CODE RELATIVE TO CERTIFICATES OF COMPLIANCE FOR LOCAL LIQUOR STORE PRIVILEGE LICENSES IN THE CITY OF CLEVELAND WHEREAS, at its regular meeting held on January 13, 2020, the City Council discussed the idea of extending the certificates of compliance that were previously issued by the City of Cleveland; and WHEREAS, after discussion, the City Council desires to allow one six-month extension for each certificate holder from the date that the certificate of compliance was issued; and WHEREAS, the City Council now desires to amend a portion of the Cleveland Municipal Code relative to liquor stores, specifically Section 8-315(d), to provide for a six-month extension for each of the certificates of compliance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED: SECTION 1: Section 8-315 (d) of the Cleveland Municipal Code is deleted in its entirety and is replaced with the following: (d) Time periods for Action. For those applicants that have previously applied for and received a certificate of compliance from the City Council, those applicants must apply to the State of Tennessee Alcoholic Beverage Commission for a permit by no later than eighteen (18) months from the date that their certificate of compliance was issued. The City shall provide each of the following applicants with a new certificate of compliance showing both the original issuance date and the expiration date. p. 746 REGULAR SESSION JANUARY 27, 2020 PAGE -746- MINUTE BOOK 29 The following certificates of compliance have been issued by the City Council, and the table below shows the date of the certificates of compliance were issued and the new expiration date for each certificate. STORE ADDRESS ISSUE DATE EXPIRATION DATE Riverstone Wine & Spirits Ocoee Crossing 2/25/2019 N/A-Store is open Elxr Wine & Spirits 640 West Inman Street 3/11/2019 9/11/2020 City Spirits 2845 Keith Street 3/20/2019 9/20/2020 Fish Creek Wine & Spirits 5200 N. Lee Highway 6/13/2019 12/13/2020 Red Hot Liquors 1708 Wildwood Avenue 4/8/2019 10/8/2020 Southside Liquor & Wine 1450 Fritz Street 4/8/2019 10/8/2020 Interstate Wine & Spirits 1420 25th Street 4/8/2019 10/8/2020 Georgetown Wine & Spirits 2325 Georgetown Road 4/8/2019 10/8/2020 Paul’s Liquors 2254 Dalton Pike 4/8/2019 10/8/2020 Eagle Liquors 1800 Dalton Pike 4/8/2019 10/8/2020 It is the intent of the City Council that no additional extensions of these certificates of compliance will be granted by the City Council, and that if an applicant fails to apply to the State of Tennessee Alcoholic Beverage Commission on or before the expiration date shown, then the City Council will consider the certificate revoked by the passage of time and the failure of the applicant to apply to the State of Tennessee by the expiration date, and the City shall then consider the certificate canceled and revoked. Nothing in this section is intended to prohibit an applicant from receiving an extension that any applicant may be entitled to under the rules and regulations of the State of Tennessee Alcoholic Beverage Commission. Therefore, if an applicant applies to the State of Tennessee Alcoholic Beverage Commission on or before the expiration date, then the State of Tennessee’s rules and regulations will determine whether an applicant is entitled to an extension. Nothing in this section is intended to increase the number of certificates of compliance for liquor stores within the City of Cleveland. SECTION 2. This ordinance shall take effect upon passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2020-05 be approved on first reading. The motion was seconded by Councilman Webb. Mr. Kimball clarified the ordinance is to give a one- time extension for six months from the original issue date and not to give further extensions. Upon roll call Councilman May, Councilman Hughes, Councilman Cassada, Councilman Webb and Vice Mayor Johnson voted aye. Councilman McKenzie and Councilman Estes voted no. The motion passed 5:2. p. 747 REGULAR SESSION JANUARY 27, 2020 PAGE -747- MINUTE BOOK 29 The following Ordinance was then presented in full: • Ordinance No: 2020-06 – Amending the FY2020 Budget. ORDINANCE NO: 2020-06 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2019-2020 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 2019-2020 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 Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 748 REGULAR SESSION JANUARY 27, 2020 PAGE -748- MINUTE BOOK 29 p. 749 REGULAR SESSION JANUARY 27, 2020 PAGE -749- MINUTE BOOK 29 p. 750 REGULAR SESSION JANUARY 27, 2020 PAGE -750- MINUTE BOOK 29 p. 751 REGULAR SESSION JANUARY 27, 2020 PAGE -751- MINUTE BOOK 29 Councilman May moved that Ordinance No: 2020-06 be approved on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2020-07 – Amending the Municipal Code Title 14, Chapter 10, Section 14-1003(2) pertaining to the FEMA flood map in order to add additional required language. ORDINANCE NO: 2020-07 WHEREAS, the City Council desires to amend Section 14-1003 (2) of the Cleveland Municipal Code to correct a typographical error in the code and to update this section with additional language. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 14, Chapter 10, Section 14-1003 (2) of the Cleveland Municipal Code is amended by deleting Section 14-1003 (2) in its entirety and replacing it with the following language: 14-1003 (2) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified in the City of Cleveland, Tennessee, as identified by FEMA, and in its Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), Community Panel Numbers 47011C109E, 47011C110E, 47011C117E, 47011C119E, 47011C120E, 47011C125E, 47011C126E, 47011C127E, 47011C128E, 47011C129E, 47011C136E, 47011C137E, 47011C138E, 47011C139E, 47011C150E, 47011C207E, 47011C210E, 47011C230E, dated February 7, 2007 February 2, 2007 or as revised and updated by FEMA, Army Corps of Engineers, or other approved p. 752 REGULAR SESSION JANUARY 27, 2020 PAGE -752- MINUTE BOOK 29 licensed surveyor, whichever is the most current and accurate information as determined by the floodplain manager, along with all supporting technical data, and letters of map revision affecting the aforementioned FIRM Community Panel Numbers approved by FEMA, are adopted by reference and declared to be a part of this ordinance. Section 2: BE IT FURTHER ORDAINED that this ordinance shall become effective upon passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Ordinance No: 2020-07 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. • Motion – Authorizing the purchase of 4036 Tomahawk Circle for public purpose. p. 753 REGULAR SESSION JANUARY 27, 2020 PAGE -753- MINUTE BOOK 29 Councilman Hughes moved to approve the purchase of 4036 Tomahawk Circle for public purpose. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Councilman Hughes moved to approve a joint meeting with the Bradley County Commission. The motion was seconded by Councilman May. Councilman Estes stated he would love to have topics sorted to keep the meeting focused and productive. Also, the 2nd Monday of March is spring break. If you want to hold the meeting on campus, that would be the time to do it. Councilman Hughes stated it doesn’t have to be at Lee and is not opposed to the 2nd Monday in March and agreed we should have topics of discussion. He then asked Mr. Fivas to develop topics that will be beneficial to both bodies and also, any Councilmember that would like to make suggestions, they be sent to Beverley. Mr. Fivas stated we will get a list together, let everyone know of the topics and package it in letter form for the Mayor to send, once everyone agrees on topics. Councilman Hughes asked if anyone had an objection to the 2nd Monday in March. Councilman Cassada stated that is spring break week and some people may be out of town. Mayor Brooks stated Mr. Fivas can bring back topics and dates. Councilman Cassada stated also remember the Commission meets every Monday. Upon roll call, the motion unanimously passed. Councilman Estes moved for a letter to be written to Postmaster Coleman from the Mayor’s office on behalf of the City Council concerning cluster mailboxes. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. p. 754 REGULAR SESSION JANUARY 27, 2020 PAGE -754- MINUTE BOOK 29 Councilman Webb asked if we were still on tap for the district meetings in February. Mr. Fivas stated yes, we will get Councilmembers signed up for each date which will probably be more towards the end of February. There being no future business the meeting was adjourned at 3:33 p.m. _________________________________ __________________________________ Mayor City Clerk