Cleveland City Council

p. 253 REGULAR SESSION NOVEMBER 26, 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, NOVEMBER 26, 2018 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/Operations Melinda Carroll; City Attorney John Kimball; Christy Brandon, Support Services Manager; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, Public Works Director; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Human Resource Director; Brian Moran, Social Media; Doug Berry and Gary Farlow with the Chamber of Commerce; Tad Bacon with Cleveland Utilities; David Durkin; Chairman Dawn Robinson with the City School Board; Hal Taylor with City Schools; Tim Siniard with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Phil Griffin from Church of Grace Point, who remembered Councilman May’s family during the loss of Karen May, 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 October 22, 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 Mayor Brooks stated Martha Ledford reported to him a few concerns of safety at the Summit Building as well as concerns about the lack of sidewalks along South Lee Highway, from the Village Green to Victory Drive. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Resolution No: 2018-92 - Authorizing the Mayor to sign change order #1 with Stantec Consulting Service Inc., for additional services for the drainage and intersection improvements near Candies Lane/Inverness Drive ($11,400). RESOLUTION NO. 2018-92 WHEREAS, the City development and engineering department previously determined that it was necessary to obtain professional engineering services in connection with drainage and intersection improvements near Candies Lane and Inverness Drive (hereafter "the Project"); and WHEREAS, in connection with this project, the City's development and engineering department recommended that the City enter into a professional engineering services agreement with Stantec Consulting Services, Inc.; and WHEREAS, the City Council previously approved an agreement with Stantec Consulting Services, Inc. for the referenced project; and p. 254 REGULAR SESSION NOVEMBER 26, 2018 PAGE -254- MINUTE BOOK 29 WHEREAS, in connection with said project, the City's development and engineering department is now recommending that the City enter into the attached amendment #1 to the professional engineering services agreement with Stantec Consulting Services, Inc.; and WHEREAS, the attached amendment #1 to the professional engineering services agreement with Stantec Consulting Services, Inc. will increase the contract price by $11,400; and WHEREAS, the City Council now desires to accept the proposed amendment #1 to the agreement with Stantec Consulting Services, 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 amendment #1 to the existing agreement with Stantec Consulting Services, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the amendment on behalf of the City of Cleveland. This 26th day of November, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-93 – Authorizing the Mayor to sign a proposal with Trutta Environmental Solutions for the required TDEC stream survey. RESOLUTION NO. 2018-93 WHEREAS, City's development and engineering staff and the City's stormwater coordinator have received the attached proposal from Trutta Environmental Solutions, LLC for a high definition stream survey to support the City's stormwater management program; and WHEREAS, the proposed budget for the work described in the proposal is $46,419.00; and WHEREAS, City development and engineering staff are requesting that the City Council approve of the attached proposal between the City and Trutta Environmental Solutions, LLC for this project; and WHEREAS, the City Council now desires to approve of the attached proposal, 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 proposal with Trutta Environmental Solutions, LLC for the work described in the proposal, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 26th day of November, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 255 REGULAR SESSION NOVEMBER 26, 2018 PAGE -255- MINUTE BOOK 29 • Resolution No: 2018-94 - Authorizing the submission of the 2017 Child Safety Grant. RESOLUTION NO: 2018-94 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2018 CHILD SAFETY GRANT WHEREAS, the City Council of the City of Cleveland, Tennessee desires to enhance the safety of child passengers traveling in motor vehicles with the goal of improving the number of child passenger restraints used in Cleveland; and, BE IT THEREFORE RESOLVED by the City Council that the Mayor be and hereby is authorized to submit an application, including all the understanding and assurances contained therein, to the Tennessee Department of Health & Human Services for the 2018 Child Safety Grant. Said grant funding shall be used to purchase and distribute child restraint systems for low income families at or below 100% federal Poverty. Child restraint systems will be for children between the ages of birth through eight-year-old. If said grant is approved, the Mayor is hereby designated as Cleveland’s representative to act in connection with the application and to provide additional information as may be required; BE IT THEREFORE RESOLVED by the City Council that if the City of Cleveland is awarded funding there is not a local match required by the City of Cleveland. BE IT FURTHER RESOLVED that the City of Cleveland agrees to submit a quarterly report of all child restraint systems purchased and distributed with money from the Child Safety Fund to the Tennessee Department of Health’s Injury, Rape and Violence Prevention Program for said grant. Adopted this 26th day of November, 2018 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-95 – Authorizing the Mayor to sign supplemental agreement #2 with Volkert,Inc., for additional services on LIC North; Pleasant Grove Church Rd ($41,550). RESOLUTION NO. 2018-95 WHEREAS, the City is proceeding with a project generally described as the LIC North Project, which project is more specifically described below: Project: Local Interstate Connector (LIC) on Pleasant Grove Church Road from APD-40 (US-74/ST-311) to South Lee Highway (US-11/SR-2) Project # 06LPLMS1-020 TDOT PIN: 114573.00 Contract# 100252; and WHEREAS, City staff have received a proposal from Volkert, Inc., a professional engineering firm, to provide supplemental services for this project to include: 1. Re-design of approximately 600' of roadway at the Colonial Pipeline easement crossing; 2. A retaining wall conceptual layout at TVA power tower E4; and 3. Re-evaluation of the TEER environmental document; and p. 256 REGULAR SESSION NOVEMBER 26, 2018 PAGE -256- MINUTE BOOK 29 WHEREAS, the proposal for these additional services is attached hereto as Supplemental agreement number 2, and is incorporated herein by reference; and WHEREAS, the price for these additional services is $41,550.00; and WHEREAS, City staff are recommending that the City enter into the attached supplemental agreement #2 with Volkert, Inc. for these additional services; and WHEREAS, in connection with this project, the City Council desires to enter into the attached supplemental agreement Number 2 with Volkert, Inc. for the LIC North project, and the City Council desires to authorize the Mayor to execute this supplemental agreement number 2 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 supplemental agreement number 2 with Volkert, Inc. for the referenced project, and the City Council further authorizes the Mayor to execute supplemental agreement number 2 with Volkert, Inc. on behalf of the City of Cleveland. This 26th day of November, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-96 – Accepting Orchard Place in Brooke Hollow Subdivision as a city street. RESOLUTION NO: 2018-96 WHEREAS, Orchard Place is a street shown on a plat of Brook Hollow Subdivision, which plat was recorded on March 14, 2017 in Plat Book 33, page 45, in the Register of Deeds’ Office of Bradley County, Tennessee; and WHEREAS, Orchard Place is located inside the City limits of the City of Cleveland; and WHEREAS, the developer of this subdivision has requested that the City accept Orchard Place as a City street; and WHEREAS, City engineering staff have inspected Orchard Place 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 Orchard Place 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 Orchard Place as a City Street. This 26th day of November, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 257 REGULAR SESSION NOVEMBER 26, 2018 PAGE -257- MINUTE BOOK 29 • Motion – Authorizing staff to install all-way stops at Parker St @ 15th St/Billy Graham Ave. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Jonathan Jobe, Director of Development & Eng Services DATE: November 26, 2018 RE: Four Way Stop on Parker Street at 15th/Billy Graham Ave SUMMARY: City staff has evaluated the options for a four way stop on Parker Street at 15th and Billy Graham Ave. This intersection meets the warrants for a four way stop. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: The implementation costs are nominal to add signage. RECOMMENDATION: Staff is recommending approval of this item. • Motion – Declaring certain items from Parks & Recreation as surplus and to be sold on Govdeals and/or disposed of for scrap metal. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Melinda Carroll, Assistant City Manager DATE: November 26, 2018 RE: Parks & Recreation Surplus Property SUMMARY: The City is requesting the City Council declare the following items for Parks & Recreation surplus: • 2013 – John Deere I435 VIN # - 1TC1435DCDT130383 Minimum Bid - $1,500 • Bush Hog – Z-Turn Model #M2561 Serial # - 3-00278 Minimum Bid - $100 • 2015 – Landpride Mower – Model # FM3188 Serial # -781964 & Serial #4021601004 Value - Scrap Metal p. 258 REGULAR SESSION NOVEMBER 26, 2018 PAGE -258- MINUTE BOOK 29 • 2004 – Landpride Mower – Model # FM3072 Serial # -443147 Value - Scrap Metal The first two items will be placed on Govdeals.com with minimum bids as listed above and the last two items will be disposed of for scrap metal. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: The surplus costs may bring a nominal amount of revenue to the City. RECOMMENDATION: Staff is recommending approval of this item. • Motion – Declaring a vehicle from Police Department as surplus and to be sold on Govdeals. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Melinda Carroll, Assistant City Manager DATE: November 26, 2018 RE: CPD Surplus Property SUMMARY: The City is requesting the City Council declare the following vehicle from the Police Department surplus: • 2000 – Chevrolet Suburban VIN# 1GNGK26R4X1500328 Minimum Bid - $1,500 This vehicle will be placed on Govdeals.com with a minimum bid as listed above. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: The surplus costs may bring a nominal amount of revenue to the City. RECOMMENDATION: Staff is recommending approval of this item. p. 259 REGULAR SESSION NOVEMBER 26, 2018 PAGE -259- MINUTE BOOK 29 • Bid Summary – Fire Training Tower Erection be awarded to Steve Williams Construction ($78,330.28). AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Melinda Carroll, Assistant City Manager DATE: November 26, 2018 SUMMARY: Last spring, the City Council authorized the Cleveland Fire Department to construct a fire training tower at our Fulbright Ave property. One element of that construction is the assembly of the tower. City staff has bid his work out, and bid results are as follows: 1. Pro Builders Unlimited Cleveland, TN $115,000.00 2. Steve Williams Construction Cleveland, TN $ 78,330.28 3. Wright Industrial Group Charleston, TN $ 79,839.37 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: The construction of the Fire Training Tower is within the original budget proposed to the City Council. RECOMMENDATION: Recommendation is to accept the bid from Steve Williams Construction of Cleveland with a bid of $78,330.28. • Street Light Recommendation – Don Scoggins at 1725 Brown Avenue (Cleveland Utilities recommends no additional lighting; meet’s city guidelines). • Street Light Recommendation – Abby Music at Woodland Drive and Peerless Rd NW (Cleveland Utilities recommends no additional lighting; meet’s city guidelines). • Street Light Recommendation – Sandra Barringe at 622 Beech Circle NW (Cleveland Utilities recommends the addition of one new 45-watt LED cobra fixture and a 30-foot pole). • Street Light Recommendation – Hugh Carver at Bell Crest Drive NW (Cleveland Utilities recommends the addition of one new 60-watt LED cobra fixture and a 20-foot pole). • Street Light Recommendation – Councilman May at Overhead Bridge Rd NE (Cleveland Utilities recommends the addition of two new 133-watt LED fixtures). The motion was seconded by Councilman Cassada. Councilman Estes asked if the installation of stop signs at Parker St. @15th St could be installed over Christmas break. This will make all four intersections four-way stops along Parker St. and Lee University is appreciative. Upon roll call, the motion to approve the consent agenda was unanimously passed. p. 260 REGULAR SESSION NOVEMBER 26, 2018 PAGE -260- MINUTE BOOK 29 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Hughes inquired about when the tennis courts at Tinsley Park would be opened to the public. Ms. Pettit replied the courts are finished but due to an issue with conduit and repairs to the sidewalk the contractor needs to finish, they will then release the courts to the City for a ribbon cutting. Councilman Hughes then inquired about leaves. Mr. Myers stated loose leaves should be raked close to the road and the leaf machine will pick them up. Councilman Hughes then thanked Shawn McKay for his suggestions on additional parking in the downtown area near Lee University. Lastly, Councilman Hughes stated he felt the liquor store distance of 185 feet from a school or church needs to be increased but not sure it should be 500 feet. Mr. Fivas stated we are going to compile information from other cities on their distance requirements, which may help make a decision. Councilman Webb asked Mr. Fivas if he would also gather information on minimum store size requirement or display areas and if any have the stand alone requirements. He then thanked Mr. Myers for the work on 25th Street. He also thanked Chief Gibson about loitering behind a business on Keith Street. The problem seems to be resolved. He then thanked Sgt. Matt Ruth, Officer Shawn Beluo and Officer Nick Payne for handling a large deer in his neighborhood. The incident was handled very professional. Lastly, he has received several concerns about traffic issues at the entrance Indian Hills Subdivision off of Peerless Road near Paul Huff Parkway and asked for it to be investigated. Councilman Hughes stated he received calls as well. They are unable to turn left out of their subdivision due to traffic. Vice Mayor Johnson thanked Mr. Fivas and Mr. McKay for their hard work and discussion on the liquor store ordinance. Also, he thanked Mr. Fivas for handling the situation on Victory Drive. Councilman McKenzie asked about numbering our traffic signals to help with directions. Councilman Webb added this is something they had previously discussed, where communities are numbering their traffic signals on main thoroughfares. We should do what we can to help people get around our city. He felt city staff, along with Tad Bacon, could look at the possibility of numbering Keith, Ocoee, 25th and Inman Streets. Mayor Brooks stated he felt that could be rolled into the revitalization plan and a way-finding directional plan for downtown. Councilman Estes thanked Mr. Fivas for the work session discussion on the liquor store ordinance and boiling it down to the five key points to structure and get the narrative out to the public. Secondly, he praised Chief Gibson and Patti Petitt for a sold out Terra Running Company race on Thanksgiving. No parking at Tinsley and this is what our community needs. Thank you for working with them and the runners. Also, tonight at 5:00 there is an open house at 975 Blythe Ave that City Fields redeveloped and selling to a first-time homeowner. They are doing amazing things and changing the neighborhood. Lastly, the parade and tree lighting is this weekend. Councilman Cassada thanked Mr. Fivas, Mr. McKay, Mrs. Carroll and City Attorney John Kimball for putting the liquor store ordinance together. He also thanked Chief Gibson and Chief Harrison for keeping the citizens safe during the holiday time. He appreciates everything they do to keep us safe and protected. He then recognized Chairman Dawn Robinson and asked for an update on the new elementary school. Hal Taylor reported they are on track for the end of March. Windows and doors are installed, some ceiling tile track has been installed, heating and air units are in and the gym is mostly complete. On December 6 they will take a bus out to see the school and everyone is welcome to attend. Councilman Cassada then stated they are working on school rezoning and congratulated them on the recent ACT scores. Councilman May stated his neighbors in Blueberry Hill have concerns about traffic and turning left onto Ocoee Street from both Rymer and Blueberry Hill. He is not sure of a remedy but would like staff to look for a recommendation. Secondly, he thanked everyone for their support during the loss of Karen May. p. 261 REGULAR SESSION NOVEMBER 26, 2018 PAGE -261- MINUTE BOOK 29 Mayor Brooks suggested a mic be placed at the back table for department heads addressing the Council. Next, he received a street light request from members of the Pleasant Grove Missionary Baptist Church at Berry and 1st Street. They are asking for a brighter light and possibly tree trimming in the area. Secondly, a business owner has contacted him from Berrywood Trail concerning leaf pickup. He was advised that businesses would not be pickup by the City. Mr. Myers stated yes, if they are at the road they will be picked up. Mrs. Carroll stated she has been in contact with Cleveland Utilities concerning the street light at Berry and 1st Street. There is an existing 100-watt light but will continue to work to reach a solution. Vice Mayor Johnson responded yes, they would like the lighting upgraded in the area. Councilman Webb thanked Mr. Fivas and Mr. McKay for their work on the refinancing of some bonds. He appreciates the input and support. We need to keep up with changes and continue to be good stewards of taxpayer money. NEW BUSINESS AND ORDINANCES The following Resolution was presented in full: RESOLUTION NO: 2018-97 WHEREAS, the State of Tennessee General Assembly has enacted the Solid Waste Management Act of 1991 that allowed the state Waste Tire Program to be initiated; and WHEREAS, the state Act requires each county to have at least one (1) site for reception and storage of waste tires for its citizens and tire dealers. The Act authorizes the Tennessee Department of Environment and Conservation (TDEC) to provide pre-disposal fees and assistance grants to counties, and develop a program to find beneficial reuses for their waste tires; and WHEREAS, the Bradley County Commission Chairman has identified the illegal dumping of used tires as a serious issue in Bradley County; and WHEREAS, the Bradley County Environmental Officer enforces the dumping as the tires to protect the beauty of Bradley County, and to also mitigate the possible fire hazards and mosquito breeding areas; and WHEREAS, since July 1, 2014, the responsibility of tire management falls to the counties. The city and county should review different options to determine operation independently or in a partnership through a mutual agreement; and WHEREAS, the Chairman suggests that the city of Cleveland and Bradley County explore all of our options in combating this issue and eradicate illegal dumping in Bradley County. NOW, THEREFORE, BE IT RESOLVED by the city of Cleveland that we will engaged and work on solutions with Bradley County on the illegal dumping of scrap tires in Bradley County. This 26th day of November, 2018 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Mr. Fivas stated Chairman Mull with Bradley County Commission requested a resolution basically outlining how the County and City can work in partnership to find a solution for a scrap tire issue in our community. Councilman Hughes suggested that the tire companies require a written statement from the people picking up the tires as to where they are going to dispense the p. 262 REGULAR SESSION NOVEMBER 26, 2018 PAGE -262- MINUTE BOOK 29 tires. That could help the situation. There is no accountability and asked that it be looked into further. Mr. Fivas stated the intent is to work in partnership with the County to find a solution. Mayor Brooks commented we want to work with Bradley County and the enforcement of the issue. We have good laws on the books and work on a mutual agreement of enforcement, which the State spells that as the Bradley County Environmental Officer no matter if the business is inside the city or in Bradley County, it is all Bradley County. Councilman Cassada moved that Resolution No: 2018-97 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: Holiday Schedule: City offices will be closed as follows: • Monday, December 24, Tuesday December 25 and Wednesday December 26 for the Christmas Holiday • Monday, December 31 and Tuesday, January 1 for the New Year’s Holiday. The next City Council meetings will be held on December 10 and January 14, 2019. There being no future business he meeting was adjourned at 3:43 p.m. _________________________________ ______________________________ Mayor City Clerk