Cleveland City Council

p. 782 REGULAR SESSION APRIL 27, 2020 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, APRIL 27, 2020 AT 3:00 P.M. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 16, THIS MEETING WAS CONDUCTED ELECTRONICALLY AND LIVE STREAMED ON THE CITY’S FACEBOOK PAGE IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE. THERE WAS NOT BE A PHYSICAL LOCATION FOR THE MEETING. PRIOR TO THE MEETING, ANY QUESTIONS OR COMMENTS WERE SUBMITTED TO THE CITY MANAGER’S OFFICE. 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 were: City Manager Joe Fivas; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kris Miller, IT Director; Beverley Lindsey, Assistant to the City Manager; Kristi Powers; Budget/Purchasing Coordinator; Corey Divel, Assistant to the City Manager/ Communications Coordinator/Downtown Coordinator/Senior Planner and Tim Sinead with The Cleveland Daily Banner. Also, various staff and Department Heads were dialed into the virtual meeting line. Following the Pledge of Allegiance to the American Flag by Councilman Cassada and prayer by Vice Mayor Avery 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 March 9, 2020 and approve them as written. The motion was seconded by Councilman Estes; and upon roll call, the motion unanimously passed. CITY MANAGER REPORT City Manager Joe Fivas first gave an update on current city projects, like the new pickleball courts, Blythe to Blythe park improvements and current traffic congestion project. He also updated the Council on the City’s response to Covid-19 and addressed the recent tornado damage and how the community has pulled together with cleanup efforts. Mr. Fivas then reviewed the meeting agenda, which included the FY2021 budget review. Budget highlights included:  Economic uncertainty and increased costs made this a very difficult budget to balance.  Potential loss of sales tax and other revenues.  Mayor, City Council, and staff planned for a potential economic downtown. It will be difficult, but we will weather this storm.  Temporary hiring freeze, no new positions, and reductions in some budgets.  Priority NO TAX INCREASE.  Priority was to maintain all Community Services for residents.  Priority for Increased Traffic Congestion Projects.  Priority for Neighborhood Street Paving.  Priority for Police & Fire Services. Mr. Fivas continued to update the Council on the FY19-21 project list related to traffic congestion and their timelines, which includes forty-three projects with seven of those being completed. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2021 Budget. Mayor Brooks asked if anyone would like to speak in favor of the adoption of the FY2021 Budget. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition of the adoption of the FY2021 Budget. No one spoke. Mayor Brooks declared the public hearing to be closed. [No comments were received electronically concerning the adoption of the FY2021 Budget.] p. 783 REGULAR SESSION APRIL 27, 2020 PAGE -783- MINUTE BOOK 29 CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2020-08 – heretofore passed on first reading March 9, 2020 and found in Minute Book 29, Page 776; zoning of about 1.31 acres located on New Murraytown Rd NW (Tax Map 40 Parcel 24.13) from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent). • Resolution No: 2020-15 – Authorizing the Mayor to sign they FY2021 TDOT Highway Maintenance contract. RESOLUTION NO: 2020-15 WHEREAS, the State of Tennessee Department of Transportation has submitted the attached contract for maintenance of State Highways through the City of Cleveland, Tennessee, to the City Council of the City of Cleveland for the purpose of providing for approval of said Contract; and WHEREAS, the City Council of the City of Cleveland desires to approve said Contract. NOW, THEREFORE, BE IT RESOLVED that the Mayor be, and hereby is, authorized to sign the Contract on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] Adopted this 27th day of April, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-16 – Authorizing the Mayor to sign an agreement with Southeast Tennessee Development District for Housing Rehabilitation Coordinator Services. RESOLUTION NO. 2020-16 WHEREAS, in connection with the HOME Investment Partnerships Program made available by competitive award from the Tennessee Housing Development Agency (THDA), the City has determined that it is necessary to obtain a contractor to perform certain technical or professional administrative services, specifically Housing Rehabilitation Coordinator Services, in connection with this program; and WHEREAS, in connection with said program, City staff are recommending that the City enter into the attached agreement with the Southeast Tennessee Development District for these services; and WHEREAS, the City Council now desires to approve of the attached agreement with Southeast Tennessee Development District for the referenced program, 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 Southeast Tennessee Development District for the referenced program described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] p. 784 REGULAR SESSION APRIL 27, 2020 PAGE -784- MINUTE BOOK 29 This 27th day of April, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-17 – Accepting Stone Creek Trail (approximately 570 feet) and Blake Stone Drive (the northern 100-foot section) in Stone Creek Subdivision as city streets. RESOLUTION NO: 2020-17 WHEREAS, Stone Creek Subdivision is a development located in the City of Cleveland; and WHEREAS, Stone Creek Subdivision is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 33 Page 119; and WHEREAS, Stone Creek Trail is a street located within this development and is depicted on this Plat; and WHEREAS, Blake Stone Drive is also a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Stone Creek Trail (approximately 570 feet) as a City street; and WHEREAS, the developer has also requested that the City accept Blake Stone Drive (the northern 100-foot section) as a City street; and WHEREAS, the City's engineering staff has inspected Stone Creek Trail and is now recommending that the City accept Stone Creek Trail (approximately 570 feet) as a City street; and WHEREAS, the City's engineering staff has also inspected Blake Stone Drive and is now recommending that the City also accept the northern 100-foot section of Blake Stone Drive 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 Stone Creek Trail (approximately 570 feet) as a City street. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept the northern 100-foot section of Blake Stone Drive as a City street. This 27th day of April 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 785 REGULAR SESSION APRIL 27, 2020 PAGE -785- MINUTE BOOK 29 • Resolution No: 2020-18 – Authorizing the Mayor to sign amendment 1 with Wright Brothers Construction Company related to Candies Lane improvement project. RESOLUTION NO. 2020-18 WHEREAS, the City entered a contract with Wright Brothers Construction Company, Inc. for the Candies Lane improvement project; and WHEREAS, the City has prepared the attached contract amendment number 1 with Wright Brothers Construction Company, Inc. for the described project; and WHEREAS, the City Council desires to enter the attached contract amendment number 1 with Wright Brothers Construction Company, Inc. for the project described herein, and to further authorize the Mayor to execute this contract 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 contract amendment number 1 with Wright Brothers Construction Company Inc. for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 27th day of April 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-19 – Accepting the remaining conveyances with D&G and the City for property located at Paul Huff Corners. RESOLUTION NO: 2020-19 WHEREAS, Paul Huff Corners is a development located off Paul Huff Parkway in the City of Cleveland; and WHEREAS, by Resolution 2018-89 approved on October 22, 2018, the City Council approved an agreement with the Developer of Paul Huff Corners; and WHEREAS, by Resolution 2019-91 passed on September 23, 2019, the City Council agreed to accept Faith Lane from the developer, which street is located within the development, and WHEREAS, the Developer subsequently conveyed Faith Lane to the City by deed recorded on December 9, 2019 in the Register of Deeds office; and WHEREAS, the City and the Developer wish to complete the remaining conveyances that were contemplated and agreed to between the parties in the agreement approved by Resolution 2018- 89;and WHEREAS, the City and the developer are seeking the City Council’s approval for these remaining conveyances; and WHEREAS, the deeds for the proposed conveyances are attached hereto and incorporated herein by reference; and p. 786 REGULAR SESSION APRIL 27, 2020 PAGE -786- MINUTE BOOK 29 WHEREAS, the City's engineering staff has reviewed the legal descriptions in these documents and has approved the accuracy of the descriptions; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept the conveyances from the developer as described in the attached deed to the City from the developer. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the deed from the City to the Developer which is attached to this Resolution. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-20 – Authorizing the Mayor to sign a contract with TDOT relating to the Cleveland Chattanooga Commute Hub Park and Ride. RESOLUTION NO. 2020-20 WHEREAS, the City has received the attached contract from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Cleveland-Chattanooga Commute Hub Agreement Number: 190175 Project Identification Number: 125584.00 Federal Project #: CM-9203(25) State Project #: 06LPLM-F3-067 WHEREAS, the City Council desires to enter into the attached contract with TDOT for the project described, and to further authorize the Mayor to execute this contract 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 TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 27th day of April, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Motion – Authorizing staff to submit an application for the Local Government Support Grant through the State of Tennessee. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: April 23, 2020 RE: Governor Lee’s Local Government Support Grant p. 787 REGULAR SESSION APRIL 27, 2020 PAGE -787- MINUTE BOOK 29 SUMMARY: In the State of Tennessee’s FY 2021 budget, the Governor proposed and the legislature approved, a new Local Government Support Grant to financially assist community’s during these uncertain times. The city of Cleveland has been allocated approximately $1,022,000 that must be spent before April 30, 2021. These funds will be available for distribution on July 1st, 2020. City staff has internally reviewed a number of options on to how utilize these funds to best support our local economy, equally benefit all residents, and provide additional safety for all residents. City staff has developed an option to fund the widening improvements of Mouse Creek Road and Paul Huff intersection. We are in the process of finalizing the Mouse Creek Rd/Paul Huff Parkway design parameters. We hope to include double left turns from Mouse Creek to Paul Huff, an individual slip lane for vehicles going right from Mouse Creek Rd to Paul Huff, and the widening and turn lane extension on the other intersection turns. We hope to also put up mast arms for the traffic lights at this location. This project will also assist with the future development from the new LeConte Development that exits onto Mouse Creek Road from the future Peerless Connector Project, near Home Depot, that will bring significant additional traffic to this area. LeConte Development has already dedicated the Right-of-Way for our project. This project will cost approximately $900,000 to $1,000,000. The City will be responsible for design and project management of this bid project. Furthermore, the grant would be able to facilitate the costs for a VOIP phone system to replace our current phone system. We estimate that the cost for a new VOIP phone system would be approximately $100,000. The City would save funds with the reduced costs from our current phone provider. COMMITTEE FINDINGS: None FISCAL ANALYSIS: None RECOMMENDATION: City staff’s recommendation is for the City Council to approve this Grant Application and give the authority to the City Manager turn in a Grant Application to the State for the total of approximately $1,022,000, and City would budget for any project overruns. City staff’s intent is to bid this project this summer. • Bid Report - Waterville Golf Course. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: April 27, 2020 RE: Waterville Golf Course Lease RFP SUMMARY: The City advertised to accept proposals on April 9th for the Waterville Golf Course lease. No proposals were received. COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. p. 788 REGULAR SESSION APRIL 27, 2020 PAGE -788- MINUTE BOOK 29 RECOMMENDATION: Recommendation is to further discuss options that were previously presented to Council for the golf course operations. The motion to approve the consent agenda was seconded by Councilman May and upon roll call, the motion was unanimously passed. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Brooks thanked city staff, particularly Public Works, Cleveland Fire and Police Departments, for their cooperation with Bradley County Departments in assisting them during the tornado relief efforts. Councilman Webb reported it was good to see Wright Brothers beginning the construction project on Candies Lane this morning. Vice Mayor Johnson commended staff on another budget year with no tax increase, restricting our debt and reducing our paving cycle. He appreciates all the hard work. Councilman McKenzie stated he is thankful for no new taxes in the upcoming budget year. Councilman Estes stated he went out Monday morning after the tornado and it was amazing to see the people in District 2 come together. It was an emotional time and people were very professional, so kudos to the workers. Second, he encouraged the Council to drive down Chippewa Avenue to see the sidewalk stakes from the detention pond to Avery Johnson Park. Great things are happening in the Blythe area with new homes through City Fields and Century Village off 20th Street and the old Whirlpool site coming down. He encouraged everyone again to get out and see all the good things happening in the area. Lastly, he thanked Mr. Fivas on the budget and thanks to Mr. McKay for being conservative. He asked that Mr. McKay continue to look for ways to lock in debt while the bond market fluctuates. Councilman Cassada thanked staff for no increase in taxes in the budget proposal. He then thanked all first responders and all city employees, including Cleveland Utilities who are working the front line still serving the citizens during the coronavirus pandemic. Mayor Brooks thanked our partners Cleveland Utilities, who quickly restored power in the areas that were able to have power. Tim Henderson thanked Mayor Brooks and stated it was challenging but several surrounding counties like Loudon, Morristown and Oak Ridge came to assist. Councilman Hughes added he would like to recognize Beverley Lindsey, who took over the responsibility from Brian Moran of the Cleveland Connector. She has done an excellent job. Councilman Webb added he would like to thank Cleveland Utilities’ for their work after the storms, knowing first-hand what they had to deal with, he’d like to thank them in addition to all other departments for their work. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Ordinance No: 2020-09 – Adopting the 2020 Tax Rate for FY2021 ($2.06). p. 789 REGULAR SESSION APRIL 27, 2020 PAGE -789- MINUTE BOOK 29 ORDINANCE NO: 2020-09 TAX ORDINANCE – YEAR 2020 AN ORDINANCE TO PROVIDE AND FIX FOR THE CITY OF CLEVELAND, TENNESSEE, FOR THE YEAR 2020, AND SUBSEQUENT YEARS, THE TAX RATE ON ALL PROPERTY, BOTH REAL AND PERSONAL; TO PROVIDE A BUSINESS TAX; TO PROVIDE FOR A SPECIAL FRANCHISE PRIVILEGE TAX, IN ACCORDANCE WITH AND AS SET FORTH IN THE “BUSINESS TAX ACT” KNOWN AS CHAPTER 387 OF THE PUBLIC ACTS OF 1971, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, WITHIN THE CORPORATE LIMITS OF THE CITY OF CLEVELAND, AND TO FIX A PENALTY FOR ANY PERSON, FIRM OR CORPORATION EXERCISING ANY SUCH VOCATION, OCCUPATION OR BUSINESS WITHIN SAID CITY OF CLEVELAND WITHOUT FIRST PAYING SAID TAX. SECTION 1. BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, that the tax levy on all property, both real and personal, for the year 2020, and each subsequent year thereafter be, and is, $2.06 on each One Hundred Dollars ($100.00) of assessed valuation. SECTION 2. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all persons, firms and corporations engaged in any location, occupation or business within the corporate limits of said City shall pay a business tax to the City of Cleveland equal to and in the same amount as the business tax prescribed to be paid by such person, firm or corporation under the terms and provisions of the “Business Tax Act”, known and designated as Chapter 387 of the Public Acts of 1971, as passed by the aforesaid Act hereto attached, read and understood by the said City Council, and made a part of this Ordinance; and the rate of taxes on such business is made a part hereof as fully as if the same were incorporated in full herein; and the rate of taxes on such privilege and privileges named in said Act for retail businesses shall be as follows: Class 1A 1/10 of 1% retail 1/40 of 1% wholesale Class 1B 1/10 of 1% retail 3/80 of 1% wholesale Class 1C 1/10 of 1% retail 3/80 of 1% wholesale Class 1D 1/20 of 1% Class 2 3/20 of 1% retail 3/80 of 1% wholesale Class 3 3/16 of 1% retail 3/80 of 1% wholesale Class 4 1/10 of 1% and the taxes shall be paid to the City Clerk as provided by law and Ordinances for the collection of all revenues for the City of Cleveland, Tennessee. SECTION 3. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that there is also levied a special franchise privilege tax, in accordance with the provisions of Chapter 311 of the Public Acts of the 85th General Assembly of the State of Tennessee, on all public utility corporations, domestic and foreign, and which do business, own property, or operate as a public utility in the City of Cleveland, Tennessee. The base of such tax shall be determined as set forth in Chapter 311 aforesaid. The rate of said tax shall be $2.06 for each one hundred dollars ($100.00) of assessed valuation. SECTION 4. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that it shall be unlawful for any person, firm or corporation to exercise the privileges set forth and referred to in this Ordinance before complying with the provisions of the Ordinance, and anyone exercising any of the forgoing privileges without paying the tax prescribed shall be guilty of a misdemeanor and liable to a fine on conviction of not less than $5.00, nor more than $50.00, for each such privilege which is exercised without a license, to be imposed by the City Judge of the City of Cleveland. p. 790 REGULAR SESSION APRIL 27, 2020 PAGE -790- MINUTE BOOK 29 SECTION 5. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that if any Section or part of this Ordinance shall be declared invalid or unenforceable, the invalidity of such Section or part shall not otherwise affect its validity but the remaining Sections or parts of this Ordinance shall be enforced without regard to the Section or part declared to be invalid. SECTION 6. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; however, this Ordinance shall not be the exclusive means of taxation within the City of Cleveland, Tennessee, but is in addition to any other valid Ordinances in existence at the present time by which the City may collect a tax or taxes, and this Ordinance shall take effect from and after its passage, the public welfare of the City of Cleveland requiring it. Signed in Open Meeting: ____________________________________ Councilman McKenzie ___________________________ _____________________________________ Kevin Brooks, Mayor Councilman Estes ATTEST: _____________________________________ Councilman Cassada ___________________________ _____________________________________ Shawn McKay, City Clerk Councilman May APPROVED AS TO FORM: _____________________________________ Councilman Hughes _________________________ _____________________________________ John F. Kimball, City Attorney Councilman Webb _____________________________________ Vice Mayor Johnson Councilman Cassada moved that Ordinance No: 2020-09 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously approved. The following Ordinance was then presented in full: • Ordinance No: 2020-10 – Adopting the FY2021 Budget. p. 791 REGULAR SESSION APRIL 27, 2020 PAGE -791- MINUTE BOOK 29 p. 792 REGULAR SESSION APRIL 27, 2020 PAGE -792- MINUTE BOOK 29 p. 793 REGULAR SESSION APRIL 27, 2020 PAGE -793- MINUTE BOOK 29 Councilman May moved that Ordinance No: 2020-10 be voted for passage on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be May 11 and will be held electronically. • City Offices will be closed on Monday, May 25 in observance of Memorial Day. • The Council meeting scheduled for Tuesday May 26 will be cancelled. There being no future business the meeting was adjourned at 3:40 p.m. _________________________________ __________________________________ Mayor City Clerk