Cleveland City Council

p. 755 REGULAR SESSION FEBRUARY 10, 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, FEBRUARY 10, 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; Fire Chief Ron Harrison; Mark Fidler, Jetport Director; Kim Miller, HR Director; Patti Pettit, Parks and Recreation Director; Tommy Myers, Director of Public Works; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kris Miller, IT Director; Beverley Lindsey, Assistant to the City Manager; Brian Moran, Assistant to the City Manager; Dan Hartman, Forestry/Landscaping Director; Bethany McCoy with Lee University; Mark Lay, with Wedgewood Accounting, PLLC; Rusty Langford with City Fields; Sharon Marr with Mainstreet Cleveland; Tad Bacon with Cleveland Utilities and Tim Siniard with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Dr. John Vining from Family Matters, 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 27, 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 27, 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 Auditor Mark Lay with Wedgewood Accounting, PLLC gave his annual report on the FY2019 City Audit. He thanked the City, Library, City School and Cleveland Utilities staff for their assistance and cooperation in obtaining any information that was requested. He encouraged the Council to read the Management Discussion and Analysis and the Statistical section of the audit to have a better understanding of the audit and to see 10-year trends of the finances. There were no new GASB statements to implement this year but we do have a new schedule required by the State of Tennessee, which lists activity of all bonds, notes payable for capital leases by individual issues. Next year, we will have a new GASB statement that will change the reporting of leases. Previously known capital leases, they will be treated as notes payable in the future. Operating leases will be set up as tangible assets and amortized over the life of the lease along with an off-setting liability that will be reduced as the lease payments are being made. Mr. Lay concluded by stating if anyone had any questions concerning the audit to feel free to contact him directly and as always, it is a pleasure to serve as your auditor. Mr. Fivas stated he appreciates Mr. Lay and the works his team does for the City. They are a great resource throughout the year. Councilman Estes stated it is impressive to see the fund balance double in only five years. There is a lot to be proud of here. Mr. Fivas continued our staff, mainly Shawn, Amy, Christy and Kristi do a great job for being a limited staff. It is important to note the unbelievable job they do on a daily basis. This is while they are doing daily work, the budget, the audit, finances for other organizations, all while also undergoing the most important software transformation in the City. You would not know how much time and effort they are spending on it. The team is literally doing two jobs right now recreating a whole new software system that will go partially live July 1. Words do not do enough and we are trying to find ways to ensure they are noticed, and they deserve a lot of credit. It is something to be proud p. 756 REGULAR SESSION FEBRUARY 10, 2020 PAGE -756- MINUTE BOOK 29 of and incredible to see such a small staff do amazing things. We have to make sure we recognize and award that and he expects to do something to honor that, potentially financially, to make sure all the extra work goes into account. He appreciates all they do. Councilman Webb commented it is a big job to go through a conversion. It is a major undertaking and once again from the Council level thank you for the work you’re doing. 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 - Ordinance No: 2020-06 – heretofore passed on first reading January 27, 2020 and found in Minute Book 29, Page 747; amending the FY2020 Budget. • Final Passage - Ordinance No: 2020-07 – heretofore passed on first reading January 27, 2020 and found in Minute Book 29, Page 745; amending the Municipal Code Title 14, Chapter 10, Section 14-1003(2) pertaining to the flood map in order to correct the date and add additional required language. • Resolution No: 2020-04 – Accepting Franitza Way as a city street. RESOLUTION 2020-04 WHEREAS, Victory Cove Subdivision-Phase 2 is a development located in the City of Cleveland; and WHEREAS, Victory Cove Subdivision-Phase 2 is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 33 Page 29; and WHEREAS, Franzita Way is a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Franzita Way as a City street; and WHEREAS, the City's engineering staff has inspected Franzita Way and is now recommending that the City accept Franzita Way (approximately 450 feet) 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 Franzita Way as a City street. This 10th day of February 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-05 – Authorizing a license agreement with TDOT for the installation and maintenance of a Gateway Monument on State Route 60. p. 757 REGULAR SESSION FEBRUARY 10, 2020 PAGE -757- MINUTE BOOK 29 RESOLUTION NO. 2020-05 WHEREAS, the City has received the attached license agreement from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Description of Project: Project Number: I-75-1(21)21 License Agreement for the installation and maintenance of a Gateway Monument on State Route 60 at Mile Marker 16.979 WHEREAS, the City Council desires to enter into the attached license agreement with TDOT and to further authorize the Mayor to execute the attached agreement 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 license agreement with TDOT for the project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 10th day of February 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-06 – Authorizing an agreement with Dan Wilson Electrical Inspections, P.C. for electrical inspections for the City. RESOLUTION NO. 2020-06 WHEREAS, the City is in the process of securing approval from the State of Tennessee to become an exempt jurisdiction which will allow the City to perform its own electrical inspections; and WHEREAS, Dan R. Wilson Electrical Inspections, P.C currently performs inspections of electrical installations in the City of Cleveland and Bradley County under an existing contract with the State of Tennessee Department of Commerce and Insurance; and WHEREAS, Dan R. Wilson Electrical Inspections, P.C has the necessary background, qualifications, certifications, experience and training to perform electrical inspections for the City; and WHEREAS, the City’s building official is recommending that the City enter a Contract with Dan R. Wilson Electrical Inspections, P.C whereby Wilson will perform inspections of electrical installations for the City upon the terms and conditions set forth in the attached contract; and WHEREAS, the City Council desires to enter the attached contract with Dan R. Wilson Electrical Inspections, P.C., and to further authorize the Mayor to execute the attached agreement 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 contract with Dan R. Wilson Electrical Inspections, P.C., and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. p. 758 REGULAR SESSION FEBRUARY 10, 2020 PAGE -758- MINUTE BOOK 29 This 10th day of February 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk The motion to approve the consent agenda was seconded by Councilman Webb; and upon roll call, the motion was unanimously passed. UNFINISHED BUSINESS Councilman May moved that Ordinance No: 2020-05; heretofore passed on first reading January 27, 2020 and found in Minute Book 29, Page 745; amending the Municipal Code Title 8, Chapter 3, Section 8-315 relating to Liquor Stores. The motion was seconded by Councilman Webb. Upon roll call, Councilman May, Councilman Webb, Councilman McKenzie, Councilman Cassada, Councilman Hughes and Vice Mayor Johnson voted aye. Councilman Estes voted no. The motion was approved 6:1. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie inquired when the 20th Street bridge construction would be complete. Mr. Fivas replied depending on the weather, approximately two months. The gas company should be finished with their portion and should be finishing it up soon. Councilman McKenzie then asked about the Waterville Golf Course lease. Mr. Fivas stated we are looking at options, which are different than its current use but will bring those back to the Council and figure out our next steps. Councilman Estes reminded everyone of the CDBG and Blythe Oldfield community input meeting for next year’s plan tomorrow at 5:30 p.m. Also, he asked for staff to continue to get the word out about the VITA tax preparation service. Councilman Hughes asked that his 1:00 Work Session comments concerning the stormwater issue on the North Lee subdivision project near Anatole be entered into the record. …Councilman Hughes stated he would like to talk a little bit about a stormwater problem on the north end of the city. He has been in contact with, at least three of the residents there in the last couple of days. It is unfortunate that we have 37-38 homes going in but we’re also damaging the adjacent properties. If you will look, Pat Fuller has a video of all of this, water is rushing onto some very expensive property. It actually devalues that property tremendously. We need some stormwater attention on that property. The elevations are being checked out now by the City. Even today before I came, we were talking about what we can do to salvage the property adjacent to that with some type of stormwater attention. He has the video on his phone to see what is happening up there. It’s supposed to be a rainy week so it’s just going to get worse. The property is being devalued by the new project. He would appreciate staff to check it out and see what can be done and also the residents of Anatole would appreciate it. Building Official Bryan Turner replied City Engineer Brian Beck has been there today. We have been discussing it since last week and are working on it. Councilman Webb thanked Public Works, Cleveland Police and Fire Departments during the unusual weather last week. He appreciates everyone working together to keep the city operating. He then announced on March 26 the Senior Citizen Advisory Committee will hold a presentation to help get the word out about activities available in the community. Vice Mayor Johnson thanked Mr. Fivas for his reports on the Strategic Transportation Plan and the Build our Future Initiative. He is excited about the direction the city is heading. p. 759 REGULAR SESSION FEBRUARY 10, 2020 PAGE -759- MINUTE BOOK 29 Mayor Brooks reported he has received positive responses from Bradley County Commission on a joint meeting, also from Whirlpool for a meeting about downtown and we are looking forward to a response from the Postmaster concerning mailboxes. NEW BUSINESS AND ORDINANCES Vice Mayor Johnson moved to allow The Alders Gate Garden Club to install the Blue and Gold Star Markers at the new Veterans Home Complex, once completed. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2020-07 RESOLUTION IN SUPPORT OF RECOMMENDED 911 FEE & SJR 836 WHEREAS, in accord with state law, the Tennessee Emergency Communications Board (“TECB”) held a public hearing and proposed an increase of the 911 monthly fee to $1.50 per line, for the life-saving service, which change is subject to approval by the State House and Senate by Joint Resolution (Senate Joint Resolution 836); and WHEREAS, the current fee is set at $1.16 statewide for all devices capable of calling 911, with two cents ($0.02) reserved to fund the Telecommunications Devices Access Program, which provides devices to the speech or hearing-impaired, and will remain in place with the proposed increase; and WHEREAS, the additional revenue is needed to meet increased operational costs of the Emergency Communications District, which is funded, in part, by this government; NOW, THEREFORE, BE IT RESOLVED by this legislative body, in session assembled: That we do hereby express support of the 911 fee change, and SJR 836, which would implement the recommended monthly fee by the TECB, effective July 1, and, further, That we direct that a copy of this resolution be promptly forwarded to the elected state representatives with legislative districts that include this jurisdiction. Approved this 10th day of February, 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution No: 2020-07 be accepted as presented. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2020-08 RESOLUTION TO SUPPORT A GRANT APPLICATION TO THE CONSERVATION FUND FOR A GREENWAY ACCESS PROJECT WHEREAS, the Conservation Fund initiated by Volkswagen is partnering with TVA to offer grants of up to $50,000 for projects in East Tennessee that are focused on improving water quality, enhancing outdoor recreation and providing environmental education; and p. 760 REGULAR SESSION FEBRUARY 10, 2020 PAGE -760- MINUTE BOOK 29 WHEREAS, the Conservation Fund grant would allow the City to extend the impact of its on-going investment in Greenway improvements, by increasing access for Greenway users in different locations; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Authorizes the application for a Conservation Fund Grant of up to $50,000 to construct improvements that increase access to the Greenway. 2. Authorizes the use of available cash and/or in-kind services for additional project costs above the grant amount. 3. The Mayor is authorized to sign any documents requiring his signature for the Conservation Fund grant. Approved this 10th day of February, 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2020-08 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks then announced the following: • City Offices will be closed Monday, February 17th in observance of President’s Day. • February 24, 2020 - Strategic Planning Session - 10:30 a.m. There being no future business the meeting was adjourned at 3:27 p.m. _________________________________ __________________________________ Mayor City Clerk