Cleveland City Council

p. 651 REGULAR SESSION NOVEMBER 13, 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, NOVEMBER 13, 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., Dale Hughes and Richard Banks. 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; Kris Miller, IT Director; 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; Verrill Norwood, Airport Authority Member; Sharon Marr with Mainstreet Cleveland; Dr. Russell Dyer; Hal Taylor; Johnny Cartwright; Sarah Coleman; Joe Taylor; Larry Presswood; Jeremy Quinc; Cathy Barrett; Alex Crawford; Martha Ledford; School Board Member Charlie Cogdill; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Avery Johnson, the following business was then entered into: Mayor Rowland announced that the City Council would recess for 10 minutes. Mayor Rowland then called the City Council meeting back into session at 3:10. 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 October 23, 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’s meeting is being held as a public hearing to hear public comments concerning a 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 abandonment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the abandonment. No one spoke. Mayor Rowland declared the public hearing to be closed. Dr. Russell Dyer updated the Council on the School’s energy program with Energy Systems Group. The School Board approved a 5-year Capital Improvement Plan which outlines their marching orders to make sure the buildings and facilities are kept up and doing what they need to be to ensure the students have the best environment. The facilities group, led by Hal Taylor makes sure the facilities have what they need. Through the Department of Education, we are 19th of 141 school districts regarding energy consumption, so we do a good job maintaining our facilities. Their goals are to cut cost and focus resources in the classroom. Currently, there is a lot of old equipment in the schools that needs to be replaced like the HVAC and control systems and lighting system. The desire to go with a company like ESG, they can take care of the big ticket items for us that will allow Hal and his team to take care of these items. They are looking to identify a financial structure to allow improve in a budget neutral process based on real savings. Three options were presented to the School Board and after a review process, option B was approved. They are trying to enhance the building environment using their existing budget dollars and by doing that they will identify energy and operational savings. They want to p. 652 REGULAR SESSION NOVEMBER 13, 2017 PAGE -2- MINUTE BOOK 28 implement new technology and best practices with guaranteed sustainable results. Making sure they are where they need to be, maintenance wise, and do that in a way that will not break the bank and not have to ask the Council for additional funds. Hal Taylor then reviewed photos of equipment that have past it’s useful life expectancy and detailed the scope of work for several of the schools, like HVAC units, boiler systems and cooling towers that are beyond repair and need replaced. Dr. Dyer stated they have met with Mr. Fivas and Mr. McKay regarding available options and have not finalized options at this point with ESG. Councilman Banks inquired about the financing. Dr. Dyer stated ESG does not finance. We look at banks options, which have several competitive fixed interest rates. Councilman Hughes asked about the age of Blythe Bower. Mr. Taylor stated it varies, late 1970’s and early 1990’s. The equipment is in pretty good shape but the controls don’t handle humidity like we need. Councilman Hughes then asked it was their desire they do not have all the schools needing repair on a given year. Mr. Taylor replied yes. Mayor Rowland asked if we are purchasing or is it a lease agreement. Dr. Dyer stated it is considered to be a product we are purchasing through ESG. We are not leasing equipment. Councilman Estes stated he has received concerns about sales tax money paying for this and the savings coming out of operations, rather than this being paid by operations. He feels it is the right way to go, but paying for it out of sales tax revenue, there is a lot committed already and if an emergency arises you will be back before the City Council. He then asked to see where the sales tax revenue is committed over the next five years. Dr. Dyer stated he can provide the information. Their capital plan outlines the sales tax dollars and where they are going forward. Mr. McKay stated they have met and went through how the payments would be made and will be paid back by the Schools. They are not asking for any additional funding from us. They are comfortable with the savings and what was coming out of the sales tax fund. Dr. Dyer stated yes, they wanted to make sure funds were there in case of emergencies. Councilman Cassada asked how long was the term. Dr. Dyer stated 20 years, at a fixed rate of 2.958%. We want to save as much money as possible. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Zoning Ordinance No: 2017-54 – heretofore approved on first reading on October 23, 2017 and found in Minute Book 28, Page 547; zoning of about 5.1 acres located at Michigan Ave Rd and Foxfire Rd NE from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 8:0; 1 member absent). • Final Passage - Ordinance No: 2017-55 – heretofore approved on first reading on October 23, 2017 and found in Minute Book 28, Page 548; amending Title 12 of the Municipal Code to add a new Chapter and to adopt the International Existing Building Code, 2012 Edition. • Resolution No: 2017-76 – Authorizing the Mayor to sign a contract for mobile mapping and feature extraction services to provide survey data for design of specified transportation projects. RESOLUTION NO: 2017-76 RESOLUTION TO AUTHORIZE A CONTRACT FOR MOBILE MAPPING AND FEATURE EXTRACTION SERVICES TO PROVIDE SURVEY DATA FOR DESIGN OF SPECIFIED TRANSPORTATION PROJECTS WHEREAS, the City of Cleveland desires to obtain survey data for the design of several transportation projects and to obtain such data in a cost effective manner: p. 653 REGULAR SESSION NOVEMBER 13, 2017 PAGE -3- MINUTE BOOK 28 Adkisson Drive (Norman Chapel Road to Paul Huff Parkway) Georgetown Road (Harrison Pike to 25th Street) Peerless Road (Georgetown Road to Clingan Ridge Drive) Dooley Street/Gaut Street NE (Wildwood Avenue to 6th Street NE) Inman Street (Highland Avenue to East Street) Peerless Road (south approach at Paul Huff Parkway) 20th Street NE (Shady Lane to 700’ east of Old Tasso Road) Michigan Avenue Road (Stuart Road to Benton Pike) ; and WHEREAS, mobile mapping and feature extraction allows for a more economical process of obtaining a significant portion of the survey data needed for project design; and WHEREAS, after review by the MPO and consultation with the Tennessee Department of Transportation (TDOT) concerning the expenditure of certain Federal Transit Administration funds available for use until December 31, 2017 to cover a portion of the costs for the contemplated mobile mapping and feature extraction services; and WHEREAS, City staff followed a TDOT approved process in issuing and reviewing a Request for Proposals for the subject work, a process which included consideration of both technical qualifications and costs from four firms which submitted proposals, and staff has made a recommendation for the selection of the firm with the best score under this process; and WHEREAS, a combination of Federal and local funds is available for the completion of the project but time is of the essence in completing the project due to the expiring of the Federal funds availability on December 31, 2017, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Pending final TDOT approval of the procurement, City staff is authorized to negotiate and the Mayor is authorized to sign a contract with GRW, Inc. Of Lexington, KY, and related documents for mobile mapping and data extraction services needed for transportation project design on the above described projects in an amount not to exceed seventy thousand dollars and no cents ($70,000.00), with the Federal Transit Administration funding anticipated to cover approximately $33,500.00, more or less, of the costs. Approved this 23rd day of October, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-77 – Authorizing the Mayor to sign contract amendment #1 with Cannon & Cannon for engineering services for the project at Central Avenue and Sidewalk Improvements. RESOLUTION NO. 2017-77 WHEREAS, the City of Cleveland and Cannon & Cannon, Inc. previously entered into a professional services agreement dated October 13, 2014 for Professional Engineering Services for the project generally described as the Central Avenue Roadway and Sidewalk Improvements; and p. 654 REGULAR SESSION NOVEMBER 13, 2017 PAGE -4- MINUTE BOOK 28 WHEREAS, the City has recently received the attached proposed amendment #1 to the agreement with Cannon & Cannon, Inc., which would raise the total contract amount by $29,000 to $110,750.00; and WHEREAS, based upon the recommendation of City staff, the City Council desires to approve of this amendment and to further authorize the Mayor to execute the amendment 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 amendment #1 to the referenced agreement with Cannon & Cannon, Inc., and it further authorizes the Mayor to execute the amendment on behalf of the City of Cleveland. This 13th day of November, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-78 - Authorizing the Mayor to sign an agreement with Collier Engineering Company, Inc. for engineering services for the design and construction of a substandard bridge crossing on 20th Street NE. RESOLUTION NO. 2017-78 WHEREAS, the City engineering department has determined that it is necessary to replace a bridge crossing on 20th Street NE over Little Chatata Creek (hereafter "the Project") to be funded under the High Priority Bridge Replacement Program (HPBRP) per the TDOT Bridge Grant Program Guidelines; and WHEREAS, in connection with said project, the City desires to enter into the attached professional engineering services agreement with Collier Engineering Company, Inc.; and WHEREAS, the City Council has reviewed the proposed agreement, and now desires to accept the proposed agreement with Collier Engineering Company, Inc. for the referenced project, and to further authorize the Mayor to execute the same 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 Collier Engineering Company, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 13th day of November, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 655 REGULAR SESSION NOVEMBER 13, 2017 PAGE -5- MINUTE BOOK 28 • Resolution No: 2017-79 – Approving a Memorandum of Understanding with Cleveland City School pertaining to the School Resource Officer Program. RESOLUTION NO: 2017-79 WHEREAS, Cleveland City Schools and the Cleveland Police Department have jointly prepared a Memorandum of Understanding for the School Resource Officer Program; and WHEREAS, the Memorandum of Understanding is attached to this Resolution; and WHEREAS, the City Council of the City of Cleveland desires to approve said Memorandum of Understanding in order to continue this important program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, that the City Council hereby approves of the attached Memorandum of Understanding for the School Resource Officer Program. This 13th day of November, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-80 – Authorizing the Mayor to sign an agreement with Ragan Smith Associates in connection with the Gaut Street Multi-modal project. RESOLUTION NO. 2017-80 WHEREAS, in connection with the Gaut Street Multi-modal project, the City desires to enter into the attached agreement with Ragan Smith Associates; and WHEREAS, the City Council has reviewed the proposed agreement, and now desires to accept the proposed agreement with Ragan Smith Associates for the referenced project, and to further authorize the Mayor to execute the same 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 Ragan Smith Associates for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 13th day of November, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes 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. Councilman Estes asked for the timeframe on the Gaut Street sidewalk extension. Greg Thomas stated currently it is about a 3-year timeframe. p. 656 REGULAR SESSION NOVEMBER 13, 2017 PAGE -6- MINUTE BOOK 28 UNFINISHED BUSINESS Councilman May moved that Ordinance No: 2017-52 be voted on final reading; heretofore passed on first reading October 23, 2017 and found in Minute Book 28, Page 546; amending Title 11, Chapter 2, Section 11-202(h) of the Municipal Code pertaining to hours for building operations. The motion was seconded by Councilman McKenzie. Councilman Cassada stated he has had numerous discussions concerning this amendment and feels the work needs to be done and should extend hours when in a crisis but not all the time. Once we start the process it could roll into other things. Councilman Banks stated he has spoken with many people and agrees it could be a problem. He asked if we could implement this be in effect for one-year and see how it works. Mr. Kimball stated we could add a provision but would require two readings. If you see problems develop you can amend the ordinance anytime. Councilman Estes stated he doesn’t like the specific morning hour and the evening hour is okay. He then offered a substitute motion that the Ordinance be amended that the morning hours be changed to sunrise. The substitute motion was seconded by Councilman May; upon roll call, Councilmen Estes, May, Hughes, Banks and Vice Mayor Johnson voted aye. Councilman McKenzie and Councilman Cassada voted no. The motion passed 5:2. REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Johnson stated he feels that if we are to really improve Inman Street area, we need to address the low underpass. Mayor Rowland stated it has been raised a few inches and has been dug down as low as it can be due to underground springs and not sure what else could be done. Vice Mayor Johnson continued he appreciates the City Schools efforts in energy savings and was curious to know if any other school system changed their school schedules to conserve energy. Dr. Dyer stated he wasn’t sure but could check on obtaining a list. Councilman Estes stated he would like to see how much City School has saved by using geothermal over the years. He does feel their plan is a good decision going forward. Dr. Dyer stated it is a substantial savings. Councilman Estes then asked what time is the Blythe Oldfield dedication on Saturday. Mayor Rowland replied 3:00. Lastly, Councilman Estes inquired about an update on 20th Street sidewalk project. Mr. Jobe stated TDOT has approved the right-of-way but not given us a notice to proceed and we have started the title work for the easements. Councilman Estes asked that when the notice to proceed is received a press release be issued to make the community aware of the project. He then suggested Taylor’s Springs be tied to the Greenway. Councilman Cassada thanked Parks & Recreation for their work at Exit 25. He then inquired about the pickleball courts at Deer Park. Mr. Fivas stated currently there is a decent amount of work happening in the area of Deer Park, making improvements. Brian Moran has found a grant that should pay for the courts and some fitness equipment. Councilman Cassada then asked if a traffic count could be conducted on Villa Drive, Freewill Road and Candies Lane. He has concerns when the construction begins on Hwy 60 most of the traffic will be diverted to Candies Lane and Harrison Pike. He would like to see what could be done now instead of waiting. Vice Mayor Johnson stated the morning school traffic is lined up along Georgetown Road. Councilman Cassada continued and asked if the City has a policy for employees using cellphones while driving city-owned vehicles. Mr. Fivas stated no, not at this time but it would be referred to the HR Committee. Lastly, he feels Deer Park, Tinsley Park and Blythe Oldfield Park are great parks but he would like to see a possible park in the Candies Lane and Freewill Road area. It would be good for community events in the area. Vice Mayor Johnson stated he received numerous concerns about parking for the walking path around the mitigation site on Candies Lane. Mr. Fivas stated there has been some conversation of possible land donation for parking and staff will work to contact the owners for an update. p. 657 REGULAR SESSION NOVEMBER 13, 2017 PAGE -7- MINUTE BOOK 28 Councilman May reported at the corner of Oak and 21st Street it appears a drainage tile has collapsed. Councilman Hughes inquired about the status of the Welcome to Cleveland sign at Exit 25. Mr. Fivas stated we issued a notice for bids on the sign but no bids were received for the project. We are in the process of revising the design and will send it out for rebids. Councilman Hughes stated he was proud of the Jetport progress and proud of Mark Fidler for all his work there as well. Also, Lee University had their Homecoming over the weekend and he thoroughly enjoyed the Teacher of the Year award, which Karen Winters was the recipient. He thanked Councilman Estes for his work on a great program. Councilman Banks suggested everyone to go by the tower at Lee University after dark to enjoy the lighting. Someone did a great job. Also, he thanked Bradley County for their commitment of $100,000 to the Taylor’s Springs project, by using the hotel/motel tax, which will be paid $20,000 per year. Councilman Banks then moved to ask City Staff to define the scope of work for the downtown consultant and bring something back so we can hit the ground running by March 15. The motion was seconded by Councilman May. Councilman Banks suggested each Councilmember meet with the staff point person on the project to give their ideas and suggestion for the scope of work. He then stated Inman Street is not very attractive and feels from Keith Street to the bypass, with low money and staff, we need to dress up and clean up Inman Street. The project does not need to stop at the railroad tracts. Mr. Fivas stated he was anticipating February 1 to have a scope of work ready. Councilman Banks amended his motion to February 1. Councilman May seconded the amendment and upon roll call, the motion unanimously passed. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO. 2017-56 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: p. 658 REGULAR SESSION NOVEMBER 13, 2017 PAGE -8- MINUTE BOOK 28 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 northwest corner of the lands of the Trustees of the Pleasant Grove Missionary Baptist Church, as recorded in BCROD deed book 391 page 995, said point being located in the eastern right of way of East Street; thence south 65 degrees 12 minutes 00 seconds east, 200 feet to an iron pin; thence South 65 degrees 12 minutes 00 seconds east, 70.45 feet to an iron pin; thence north 22 degrees 53 minutes 24 seconds to an iron pin; thence north 65 degrees 12 minutes 00 seconds west, 204.18 feet to an iron pin; thence north 65 degrees 12 minutes 00 seconds west, 65 feet to a point, said point being located at the southwest corner of the lands of the Trustees of the Pleasant Grove Missionary Baptist Church, as recorded in BCROD deed book 364 page 362, said point being located in the eastern right of way of East Street; thence south 25 degrees 32 minutes 25 seconds west, 14 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 659 REGULAR SESSION NOVEMBER 13, 2017 PAGE -9- MINUTE BOOK 28 Exhibit B Councilman Estes moved that Ordinance No: 2017-56 be approved on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman May moved that the bid report for the Tinsley Park Tennis Complex Renovation, recommending Baseline Sports Construction, LLC with a total bid of $990,550.00 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Mayor Rowland announced City offices would be closed on Thursday and Friday, November 23-24 for the Thanksgiving Holiday. There being no future business the meeting was adjourned at 4:19 p.m. _________________________________ ______________________________ Mayor City Clerk