Cleveland City Council

p. 152 REGULAR SESSION MAY 22, 2023 3:00 P.M. MINUTE BOOK 31 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, MAY 22, 2023 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 Bill Estes, David May, Tom Cassada, Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Sue Zius, Administrative Coordinator; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Kris Miller, IT Director; Kim Brooks with Lee University; Warbeit Lowery; Sharon Marr with Mainstreet Cleveland; Doug Berry with the Chamber of Commerce; Tim Siniard 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 May 8, 2023 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 Mayor Brooks announced during the Work Session the City Council recognized Fire Chief Bobby Gaylor on his upcoming retirement. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2024 Budget. Mr. Fivas thanked all city staff for their work on the budget. He then reminded the Council he distributed, during the Work Session, a revised Budget Message and an updated Authorized Employee list as well. Also, the grant for the SRO’s will save some money, for us and the Schools. We have tweaked up the starting salaries for the Police Department with that and using that same money from the State to get them up a little bit closer to where they need to be. We are about $47k, take in the number of hours with the new 12-hour shifts, a new officer will make about $47k if they work all their shifts. Mayor Brooks thanked Mr. Fivas. Mayor Brooks then asked if anyone would like to speak in favor of the approval of the budget. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition to the approval of the budget. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today we are to hear public comments concerning a change in the ownership interest of members for I-75 Wine & Spirits located at 1420 25th Street NW. Mayor Brooks asked if anyone would like to make a comment. No one spoke. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 153 REGULAR SESSION MAY 22, 2023 PAGE -153- MINUTE BOOK 31 a. Final Passage - Zoning Ordinance 2023-11 – heretofore passed on first reading May 8, 2023 and found in Minute Book 31, Page 139; Rezoning 10.76 acres, more or less, for property located at Benton Pike NE from IH Heavy Industrial zoning to MU Mixed Use zoning and includes Tax Map 058 Parcels 006.00 and 008.00 (Planning Commission: Approved 6-0; 3 absent). b. Final Passage - Ordinance 2023-12 – heretofore passed on first reading May 8, 2023 and found in Minute Book 31, Page 140; Amending Title 17, Section 17-107 of the Municipal Code pertaining to the sanitation user fees for Solid Waste and Refuse Collection. c. Final Passage - Ordinance 2023-13 – heretofore passed on first reading May 8, 2023 and found in Minute Book 31, Page 141; Amending Title 16, Chapter 2, Section 16-203(1) of the Municipal Code pertaining to Street Cut Fees. d. Final Passage - Ordinance 2023-14 – heretofore passed on first reading May 8, 2023 and found in Minute Book 31, Page 142; Adopting the 2023 Tax Rate ($1.7130). e. Final Passage - Ordinance 2023-15 – heretofore passed on first reading May 8, 2023 and found in Minute Book 31, Page 144; Adopting the FY2024 Budget f. Final Passage - Ordinance 2023-16 – heretofore passed on first reading May 8, 2023 and found in Minute Book 31, Page 149; Amending Titel 20, Chapter 12, Section 20-1206(j) of the Municipal Codes pertaining to wreckers, towing services and background checks for wrecker operators. g. Final Passage - Ordinance 2023-17 – heretofore passed on first reading May 8, 2023 and found in Minute Book 31, Page 150; Amending Title 5 of the Municipal Code by adding Chapter 7, Hotel/Motel Tax. h. Motion – Approving the Hote/Motel Tax Report form. i. Motion – Issuing a new Certificate of Compliance to Anaya Beverages, LLC (I-75 Wine & Spirits) due to a change in the ownership interest of members. j. Surplus Property – Declaring several weapons as surplus and to be used as a trade-in on future purchase of weapons for the Cleveland Police Department. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: May 22, 2023 RE: Surplus Property SUMMARY: The Cleveland Police Department has requested the City Council declare the following items as surplus property to be traded in for credit toward purchase of equipment. Tear Gas Gun Serial # 8040 Tear Gas Gun Serial # 8059 Smith & Wesson Revolver Model 36 Serial # 3779A15 Smith & Wesson Revolver Model 37 Serial # 264J91 Smith & Wesson Revolver Model 19-5 Serial # ABM9765 Smith & Wesson Revolver Model 36 Serial # BDU4025 Smith & Wesson Revolver Model 37 Serial # 232105 COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: No fiscal impact. RECOMMENDATION: City staff recommends approval of this item. p. 154 REGULAR SESSION MAY 22, 2023 PAGE -154- MINUTE BOOK 31 k. Resolution 2023-44 – Designating the City of Cleveland as a Bee City USA affiliate. RESOLUTION 2023-44 A RESOLUTION DESIGNATING THE CITY OF CLEVELAND, TENNESSEE AS A BEE CITY USA® AFFILIATE WHEREAS, the mission of BEE CITY USA is to galvanize communities to sustain pollinators, responsible for the reproduction of almost 90% of the world's flowering plant species, by providing them with healthy habitat, rich in a variety of native plants and free to nearly free of pesticides; and WHEREAS, thanks to the more than 3,600 species of native bees in the United States, along with introduced honeybees, we have very diverse dietary choices rich in fruits, nuts, and vegetables; and WHEREAS, bees and other pollinators have experienced population declines due to a combination of habitat loss, poor nutrition, pesticides (including insecticides, fungicides, and herbicides), parasites, diseases, and climate change; and WHEREAS, pollinator-friendly communities can benefit local and regional economies through healthier ecosystems, increased vegetable and fruit crop yields, and increased demand for pollinator-friendly plant materials from local growers; and WHEREAS, ideal pollinator-friendly habitat is comprised of mostly native wildflowers, grasses, vines, shrubs, and trees blooming in succession throughout the growing season to provide diverse and abundant nectar and pollen, since many wild pollinators prefer or depend on the native plants with which they co-adapted; is free to nearly free of pesticides, as many pesticides can harm pollinators and/or their habitat; comprises undisturbed spaces of leaf and brush piles, unmown fields or field margins, fallen trees and other dead wood for nesting and overwintering; and provides connectivity between habitat areas to support pollinator movement and resilience; and WHEREAS, Integrated Pest Management (IPM) is a long-term approach to maintaining healthy landscapes and facilities that minimizes risks to people and the environment by: identifying and removing the causes of pest problems rather than only attacking the symptoms from the pests; employing pests' natural enemies along with cultural, mechanical, and physical controls when prevention is not enough; and using pesticides only when no other method is feasible or effective; and WHEREAS, supporting pollinators fosters broad-based community engagement in environmental awareness and sustainability; and WHEREAS, Cleveland, Tennessee should be certified a BEE CITY USA community because of the City Council’s commitment to protecting and preserving the community’s natural resources including pollinators and their habitats; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, in order to enhance understanding among local government staff and the public about the vital role that pollinators play and what each of us can do to sustain them, the City of Cleveland, Tennessee chooses to support and encourage healthy pollinator habitat creation and enhancement, resolving as follows: 1. The City of Cleveland is hereby designated as the BEE CITY USA sponsor. 2. The City Manager shall designate a BEE CITY USA Liaison. 3. Facilitation of Cleveland’s BEE CITY USA program, by a Bee City Committee shall be assigned by the City Manager. p. 155 REGULAR SESSION MAY 22, 2023 PAGE -155- MINUTE BOOK 31 4. The Bee City Committee is authorized to and shall: a. Celebration: Host at least one educational event or pollinator habitat planting or restoration each year to showcase Cleveland’s commitment to raising awareness of pollinator conservation and expanding pollinator health and habitat. b. Publicity & Information: Install and maintain at least one authorized BEE CITY USA street sign in a prominent location, and create and maintain a webpage on the Cleveland website which includes, at minimum a copy of this resolution and links to the national BEE CITY USA website; contact information for your BEE CITY USA Liaison and Committee; reports of the pollinator-friendly activities the community has accomplished the previous year(s); and your recommended native plant species list and integrated pest management plan (explained below). c. Habitat: Develop and implement a program to create or expand pollinator- friendly habitat on public and private land, which includes, but is not limited to, Identifying and inventorying City’s real property that can be enhanced with pollinator-friendly plantings; creating a recommended locally native plant list to include wildflowers, grasses, vines, shrubs, and trees and a list of local suppliers for those species; and, tracking (by square footage and/or acreage) annual area of pollinator habitat created or enhanced. d. Pollinator-Friendly Pest Management: Create and adopt an integrated pest management (IPM) plan designed to prevent pest problems, reduce pesticide use, and expand the use of non-chemical pest management methods. e. Policy & Plans: Establish, through the City, a policy in the City’s Comprehensive Plan to acknowledge and commit to the BEE CITY USA designation and review the Plan and other relevant documents to consider improvements to pest management policies and practices as they relate to pollinator conservation, identify appropriate locations for pollinator-friendly plantings, and consider other appropriate measures. f. Renewal: After completing the first calendar year as a BEE CITY USA affiliate, each February, apply for renewal of Cleveland’s BEE CITY USA designation following the format provided by BEE CITY USA, including a report of the previous year’s BEE CITY USA activities, and paying the renewal fee based on Cleveland’s population. Adopted this 22nd day of May, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk l. Resolution 2023-45 - Authorizing an application for a Historic Development Grant. RESOLUTION 2023-45 A RESOLUTION OF THE COUNCIL OF THE CITY OF CLEVELAND AUTHORIZING THE APPLICATION FOR A HISTORIC DEVELOPMENT GRANT WHEREAS, In April 2021 the Tennessee General Assembly developed the Historic Development Grant Program (HDGP) and allocated $4.8 million to renovate and preserve the State’s historic buildings; and WHEREAS, the City of Cleveland has been designated as a Certified Local Government by the National Park Service due to the commitment to preserve, protect, and increase awareness of the unique cultural heritage found in our community’s built environment; and p. 156 REGULAR SESSION MAY 22, 2023 PAGE -156- MINUTE BOOK 31 WHEREAS, structures in the City of Cleveland are listed on the National Register of Historic Places, or are part of a National Register District; and WHEREAS, the City of Cleveland is a certified Tennessee Main Street Community; and WHEREAS, the Council of the City of Cleveland seeks to provide for the rehabilitation and preservation of our community’s built historic assets. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that: SECTION 1: The City of Cleveland is hereby authorized to submit a letter of intent, application, and administration for the Historic Development Grant. SECTION 2: The Mayor is authorized to sign documents necessary and appropriate to the letter of intent, application, and administration of the grant. SECTION 3: The City of Cleveland is further authorized to provide a sum to serve as a match for any funds provided by this grant. SECTION 4: This Resolution shall take effect from and after its passage, the welfare of the City requiring it. Adopted this 22nd day of May, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk m. Resolution 2023-46 - Authorizing an application for an Urban & Community Forestry Inflation Reduction Act Grant. RESOLUTION 2023-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF CLEVELAND AUTHORIZING THE APPLICATION FOR AN URBAN & COMMUNITY FORESTRY INFLATION REDUCTION ACT GRANT WHEREAS, the Council of the City of Cleveland desires to improve community and urban forest resilience to climate change, pests, and storm events through best management and maintenance practices; and WHEREAS, the City of Cleveland has been designated as a Tree City for more than 31 years; and WHEREAS, trees are a valuable resource base in cities across the state of Tennessee, providing shade, stormwater mitigation, rain interception, air quality improvement through filtration and absorption; and WHEREAS, the City of Cleveland’s Forestry and Landscape Division, and the Stormwater Division work to protect the dynamic ecosystems that provide critical benefits to people and wildlife; and WHEREAS, the Council of the City of Cleveland seeks to provide equitable access to trees and green spaces, which necessitates long-term urban forest planning, assessing the health of existing flora, enhancing watersheds, and addressing exotic invasive pest species. p. 157 REGULAR SESSION MAY 22, 2023 PAGE -157- MINUTE BOOK 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that: SECTION 1: The City of Cleveland is hereby authorized to submit an application for and administer the Urban and Community Forestry Inflation Reduction Act Grant. SECTION 2: The Mayor is authorized to sign documents necessary and appropriate to the application and administration of the grant. SECTION 3: The City of Cleveland is further authorized to provide a 50% sum to serve as a match for any funds provided by this grant, not to exceed $250,000. SECTION 4: This Resolution shall take effect from and after its passage, the welfare of the City requiring it. Adopted this 22nd day of May, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk n. Resolution 2023-47 – Authorizing an application to the Tennessee Agricultural Enhancement Program for the Community Tree Planting grant. RESOLUTION 2023-47 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE TENNESSEE AGRICULTURAL ENHANCEMENT PROGRAM (TAEP) GRANT FUND FOR THE “COMMUNITY TREE PLANTING PROGRAM” WHEREAS, the Tennessee Agricultural Enhancement Program (TAEP) grant fund for community tree planting is provided by the Tennessee Department of Agriculture, Division of Forestry; WHEREAS, the community tree planting component of the Tennessee Agricultural Enhancement Program (TAEP) grant is a 50% matching grant and will be administered by the Department of Agriculture, Division of Forestry; WHEREAS, trees are a valuable resource base in cities across the state of Tennessee, providing shade, stormwater mitigation, rain interception, air quality improvement through filtration and absorption; WHEREAS, urban trees provide a multitude of benefits including but not limited to providing cooler temperatures, cleaner air, reduced flooding, and erosion, improves human health and provides food and shelter for wildlife; WHEREAS, trees purchased through this grant in collaboration with funding by the Tennessee Agricultural Enhancement Program (TAEP) as provided by the Tennessee Department of Agriculture, Division of Forestry will be planted along Tinsley Park; WHEREAS, the City of Cleveland seeks to participate in this important program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE the following: p. 158 REGULAR SESSION MAY 22, 2023 PAGE -158- MINUTE BOOK 31 Section 1: The City of Cleveland is hereby authorized to submit an application for the Tennessee Agricultural Enhancement Program (TAEP) through the Tennessee Department of Agriculture, Forestry Division. Section 2: The City of Cleveland is further authorized to provide a 50% sum to serve as a match for any money provided by this grant. Adopted this 22nd day of May 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman Cassada inquired about District meetings and when could they begin scheduling. Mr. Fivas replied this is a good time to begin and for those that would like to have District meetings, please reach out. Councilman May stated he appreciates they are able to give employees a 5% increase. Also, year to year we need a comp study. We are going to have to keep us in the ballgame with surrounding cities, so we don’t lose our good employees. Councilman Hughes congratulated Fire Chief Bobby Gaylor on his upcoming retirement. He then thanked all the staff who worked on the Mouse Creek Road project. It is a nice, professional job. Councilman Webb recognized Dewayne Belew and all those that worked on the Relay For Life. Their goal was $115,000 and over the weekend it was announced they had now exceeded $161,000. The City Council appreciates all the work Dewayne, and all the volunteers do for this event. Vice Mayor Johnson congratulated Fire Chief Bobby Gaylor on his upcoming retirement and thanked him for a job well done over the years. Councilwoman McKenzie stated she visited the LIC North/Pleasant Grove Church Road construction site and thanked the engineers who worked with the residents and some of their concerns. One gentleman was happy to see the guardrail remained. Secondly, she asked Chief Gibson for extra patrol for speeding on Westside Drive/Georgetown Road in the curve. Councilman Estes echoed Councilman May’s request for annual comp study. He also appreciates the strides made with Public Works and Police. Also, applauded the City Schools for the massive step they took in this area as well. p. 159 REGULAR SESSION MAY 22, 2023 PAGE -159- MINUTE BOOK 31 NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: a. Ordinance 2022-18 – Amending the FY2023 Budget. ORDINANCE 2023-18 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2022-2023 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 2022-2023 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. 160 REGULAR SESSION MAY 22, 2023 PAGE -160- MINUTE BOOK 31 p. 161 REGULAR SESSION MAY 22, 2023 PAGE -161- MINUTE BOOK 31 p. 162 REGULAR SESSION MAY 22, 2023 PAGE -162- MINUTE BOOK 31 Councilman May moved that Ordinance 2023-18 be voted for passage on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. p. 163 REGULAR SESSION MAY 22, 2023 PAGE -163- MINUTE BOOK 31 The following Resolution was then presented in full: RESOLUTION 2023-23 A RESOLUTION MODIFING THE MINIMUM & MAXIMUM PAY FOR POLICE AND FIRE DEPARTMENT AND REQUESTING THE CITY MANAGER TO INCLUDE A BUDGET PROPOSAL TO ADJUST ALL CITY STAFF MINIMUM AND MAXIMUM PAY, AND REQUESTING CITY MANAGER TO INVESTIGATE OPTIONS TO INCREASE THE COST OF LIVING COMPENSATION FOR FISCAL YEAR 2024 FOR OUR CURRENT EMPLOYEES. WHEREAS, The Cleveland Mayor and City Council believes it’s biggest asset are the employees who work at the City; and WHEREAS, Every Police Department is experiencing difficulties in recruiting certificated police officers; and WHEREAS, The Cleveland Police Department is beginning to reduce some of it’s non-emergency services to residents and we are not seeing applicants for new open police positions; and WHEREAS, The City Manager and Police Chief have met on many occasions and have a plan to implement new policies to address our police officer recruitment and staffing during the next budget period; and WHEREAS, Although, the Fire Department is at 100 percent staffing, we have seen the Fire Department Minimum salaries increase; and WHEREAS, the city staff has used the same salary comps and methodology to determine the new Minimum and Maximum salaries for the Police Department and Fire Department, and WHEREAS, All City employees Minimum salaries should increase with the passage of the FY 2024 budget, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Cleveland, Tennessee in regular session assembled, the City Council does hereby approve the following: 1) The new Police Department and Fire Department Minimum and Maximum salaries as indicated below, and during the Fiscal Year 2024 budget proposal the City Manager will propose to increase all employees Minimum and Maximum salaries in the classification plan. NEW FIRE DEPARTMENT MINIMUM AND MAXIMUM CLASSIFICATION PLAN: (Current starting salary is $37,722.13) (Grade 201) Fire Trainee: $37,722 to $59,566 (Not Certified) (Grade 202) Certified Firefighter: $41,103 to $59,566 (Grade 203) Engineer: $44,838 to $65,522 (Grade 204) Lieutenant: $49,321 to $75,068 (Grade 205) Captain: $54,252 to $83,492 (Grade 206) Battalion Chief: $59,677 to $97,797 p. 164 REGULAR SESSION MAY 22, 2023 PAGE -164- MINUTE BOOK 31 NEW POLICE DEPARTMENT MINIMUM AND MAXIMUM CLASSIFICATION PLAN: (Current starting salary is $39,686.08) (Grade 301) Police Trainee: $39,686 to $67,433 (Not Post Cert) (Grade 302) Certified Officer: $45,000 to $67,433 (Grade 303) Corporal: $49,500 to $74,176 (Grade 304) Detective/Sergeants: $54,450 to $81,593 (Grade 305) Lieutenant: $59,895 to $92,274 (Grade 306) Captain: $65,884 to $99,184 2) All City employees will receive a 1.0% adjustment to their grade for minimum and maximum salaries. 3) After the City fully implements the 5.0% annual cost of living increase on July 1st, 2023, then city staff will use the our computer software to implement all of these new classification plan modifications to make sure all employees are adjusted according to our policies and the time within their current position to review to make sure that all employees are adjusted to make sure there is no compaction in relation to there new Minimum and Maximum salary. 4) The City Manager and Police Chief have agreed to be aggressive in recruiting ‘lateral transfers’ from other police agencies and using new policies to pay increased salaries for police officers with experience. 5) These Minimum salary increase and our current estimated 3.5% cost of living will increase our budget expenditures by an estimated $2.0 million, and the City Manager will recommend a combination of budget reductions, efficiency modifications, retirement and healthcare changes, organizational structure changes, and fee increases to account for these new budget expenditures. The City Manager has not propose a property tax increase to implement this new plan in Fiscal Year 2024 budget. IN WITNESS WHEROF, the parties have hereunto set their hands and seals on this 22nd day of May, 2023. ADOPTED this 22nd day of May, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Resolution 2023-48 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. p. 165 REGULAR SESSION MAY 22, 2023 PAGE -165- MINUTE BOOK 31 ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, June 12, 2023. b. City Offices will be closed Monday, May 29, 2023 in observance of Memorial Day. ADJOURNMENT There being no future business the meeting was adjourned at 3:17 p.m. _________________________________ _________________________________ Mayor City Clerk