Cleveland City Council

p. 836 REGULAR SESSION JUNE 8, 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, JUNE 8, 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 Councilmen Charlie McKenzie, Tom Cassada and Ken Webb. On the conference call were Vice Mayor Avery Johnson, Councilmen Bill Estes, David May, Jr., and Dale Hughes. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; 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; Corey Divel, Assistant to the City Manager/ Communications Coordinator/Downtown Coordinator/Senior Planner and Tim Sinead with The Cleveland Daily Banner. Also, various staff, Department Heads and developers 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 May 11, 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 Mayor Brooks read the following Proclamation recognizing National Public Works Week. p. 837 REGULAR SESSION JUNE 8, 2020 PAGE -837- MINUTE BOOK 29 Vice Mayor Johnson thanked Public Works for their hard work and quick responses. We have the best of the best with Director Tommy Myers and the Public Works staff. Councilman Hughes stated he admires the work of the Public Works Department. Director Tommy Myers is an excellent leader and gets the job done. This Proclamation is well deserved. Councilman Cassada thanked Director Tommy Myers and Public Works staff for their work and addressing public concerns. Councilman Webb congratulated the Public Works team. They complete projects you might look at a contractor to do and we rely on them to do it and they do it well. It is well-deserved to receive this recognition. Mayor Brooks announced anyone watching on Facebook Live can email the City Manager’s office at blindsey@clevelandtn.gov or by calling 423-472-4551x5327. CITY MANAGER REPORT City Manager Joe Fivas stated he has received a few inquiries concerning the playgrounds. We have decided to open the playgrounds on June 13. Also, the city pools, Mosby Pool will be open on June 19. We have lifeguards ready to go and we will communicate further with the public. The swim clubs that utilize our pools have cancelled for the summer, which will open up more time for people in the community. Next, he announced we are working on the final touches on the Pickleball Courts at Tinsley Park. Tentatively, June 26 is planned for a grand opening. Currently pavilions in our parks are open but beginning July 1 we will begin taking reservations. Mr. Fivas reported concrete was poured on the 20th Street bridge project last week and we have been advised that in the next several weeks the project will be completed. The most important thing about the project is it is 100% paid for by the State, as it is a part of the State Bridge Program. This has been a partnership and hopefully in the next few weeks it will be open. Next, the Candies Lane stormwater improvement project was flooding and closed several times a year. The Council wanted to fix the issue and Wright Brothers Construction has done a fantastic job and it is ahead of schedule. We know it is an inconvenience for a number of families, but we are happy with the work being done out there. The last project update is Norman Chapel Road. Finishing touches are happening and the completion date is set for the end of June. Mr. Fivas continued we have previously discussed with the City Council the project process where we bid projects out, and we have due dates. If the contractors don’t keep the due dates the City establishes, we charge liquidated fees and penalties. We can’t tell private contractors that they have to do something but if they are not performing the work fast enough, they will get liquidated damages. If things are not efficiently as possible that’s how we cover ourselves when projects go over. Some comments have come in about Norman Chapel Road project, but it is still within the scope of the time limits. Mr. Fivas continued staff has spent time on the Census. Currently we are at about 60% of participation and we would like it to be at 75-80% by August. The higher and more accurate our census numbers are is more money we get from the State and Federal Government. He then updated the Council on the BUILD grant. It has been submitted and feels it is a very strong grant. We expanded the focus of the grant and helping with infrastructure around the old Whirlpool site, working on the bridge downtown and connecting Lee University better to into the downtown area, and the traffic on Inman Street. It is a more defined grant and we’re certainly exited about the opportunity. Greg Thomas, Cathy Andrews, Corey Divel Jonathan Jobe and Mayor Brooks, all did a lot of work and a team effort. Lastly, Mr. Fivas updated the Council on the proposed Waterville Golf Course lease with Apex Turf Management, LLC. The lease agreement lays out a plan of action and the needs of the course to be completed. Apex Turf Management envisions it as a family run operation and have youth and high school golf opportunities along with leagues and tournaments. This item is on the agenda for Council consideration. Mr. Fivas then reviewed today’s agenda items. p. 838 REGULAR SESSION JUNE 8, 2020 PAGE -838- MINUTE BOOK 29 Councilman Cassada address his agenda item concerning the request to the City Council make Paul Huff Extension a priority to connect Paul Huff Parkway to Freewill Road to resolve traffic congestion in the North Cleveland area. He stated he would like to get in front of the Paul Huff extension and with the new development on the northside of town, we have infrastructure needs and the growth is going to be greater. Other neighborhoods, with approximately 200 homes, will be built in the area and with the traffic influx, we have seen with the Candies Lane project, how it affects the community. He would like Council and Mayor to look into the needs and how can get the project underway. We need to be more proactive. Also, the Hwy 60 project. Once that is completed, we could see more strip-malls and doctor offices along with additional traffic. Councilman Webb asked if the budget amendment which projected a $650,000 decrease in property and local sales tax was mostly associated with the downturn in the economy during Covid- 19. Assistant City Manager/CFO Shawn McKay replied yes. Mayor Brooks stated there has been several email comments come through his office concerning defunding the Police Departments and he would like to go on record to say we are in fact increasing and fully funding our Police Department. We are supporting our Police Officers. Mr. Fivas stated we have two emails concerning the Police Department policies and Chief Gibson’s has responded accordingly. We will include them in the minutes. -------- Original message -------- From: Matthew Ryan <matthew.ryan@revolutionprep.com> Date: 6/8/20 3:20 PM (GMT-05:00) To: Beverley Lindsey <BLindsey@clevelandtn.gov> Subject: Questions for City Council Meeting Hi, as a concerned citizen, I’d like to ask some questions of the council. What are our policies regarding police use of force? Does the city of Cleveland have a clear, concise continuum of force? Do we have a ban on knee holds and choke holds by police? Do we have a policy requiring officers to intervene and stop use of excessive force by other officers? Do we have a ban on officers shooting at moving vehicles? Are police required to exhaust all other reasonable means before resorting to lethal force? Are police required to give a verbal warning before shooting a civilian? Are officers required to report any use or threat of force against civilians? Are those records maintained accurately and effectively? I really would like answers to all these questions. As you might surmise, my goal is to see what action has been taken and what still needs to be taken in order to prevent police brutality in our city. I don’t want this to be read with any sort of aggression (I know with that many questions in may come off that way, but that’s not my intention), but I am committed to ensuring our city is safe for everyone. Matt Ryan Professional Tutor, Revolution Prep 931.215.7752 matthew.ryan@revolutionprep.com revolutionprep.com p. 839 REGULAR SESSION JUNE 8, 2020 PAGE -839- MINUTE BOOK 29 p. 840 REGULAR SESSION JUNE 8, 2020 PAGE -840- MINUTE BOOK 29 From: Sara Keel <sarakdkeel@gmail.com> Date: 6/8/20 2:23 PM (GMT-05:00) To: Beverley Lindsey <BLindsey@clevelandtn.gov> Subject: Questions for City Council Meeting I’m emailing the Cleveland City Council to urge them to take the pledge to enact the #8CantWait Use of Force policies. I live in Cleveland, TN in the 3rd District (Estes), and I know our city would benefit from these policies. The #8CantWait policies are simple, common-sense and would make our community safer. Can Cleveland commit to enacting these policies right now? Ban chokeholds and strangleholds Require de-escalation Require warning before shooting Exhaust all alternatives before shooting Duty to Intervene: Require officers to intervene and stop excessive force used by other officers Ban shooting at moving vehicles Require use of force continuum Requires Comprehensive Reporting Thank you for your consideration and your service to our city, Sara Keel Sara Keel Copywriter / Copy Editor e: sarakdkeel@gmail.com | w: www.sarakdkeel.com p: 423-715-6265 p. 841 REGULAR SESSION JUNE 8, 2020 PAGE -841- MINUTE BOOK 29 p. 842 REGULAR SESSION JUNE 8, 2020 PAGE -842- MINUTE BOOK 29 HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone .68 acres located at 205 Hiwassee Ave (Tax Map 42G Group B Parcels 19.00 & 20.00) from R1 Single Family Residential Zoning District to R3 Multi- Family Residential Zoning District (Planning Commission: Denied 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. [Comments received electronically.] -----Original Message----- From: Shari Horton <sharihorton@gmail.com> Sent: Wednesday, June 3, 2020 10:48 AM To: Corey Divel <cdivel@clevelandtn.gov> Cc: Kevin Brooks <kbrooks@clevelandtn.gov>; Avery Johnson <ajohnson@clevelandtn.gov>; David May <dmay@clevelandtn.gov>; Dale Hughes <drhughes@clevelandtn.gov>; Bill Estes <bestes@clevelandtn.gov>; Ken Webb <kwebb@clevelandtn.gov>; Charles McKenzie <cmckenzie@clevelandtn.gov>; Tom Cassada <tcassada@clevelandtn.gov> Subject: Opposition of rezoning 205 Hiwassee Avenue property Mr. Divel, I want to go on public record that I oppose the rezone of the property on 205 Hiwassee Avenue, NE. This property rezoning will cause more congestion, litter and other problems. With all the apartments and multiple family already in place this will only cause more problems. The through traffic from Stuart Road opening around the strip mall is dangerous and bothersome for all residents, this traffic will only compound the problems . The litter problem is excessive and hazardous to all people involved. Yes, I live in the next block but no one has approached me or any of the current residents about whether there is any opposition of this act. Yes, there are duplexes and a tri-plex on Hiwassee Avenue already but these were built before city ordinances were put into place. I really thought there would be more people stepping forward about stopping this act but so many people are reluctant to take the time and effort it takes to stop this sort of thing. Does Mr. Townsend have, in writing, the people that he said did not oppose to this? Your consideration of rejecting this process will be greatly appreciated. Please alert The Cleveland Municipal Planning Commission of this opposition, Tricia Pennington, Alma Dotson, Blake Allison, Larry Presswood, Clarke Taylor, Maryl Elliott, Jamie Creekmore, Ben Perry, Bill Estes at the next meeting, Monday, June 8, 2020, at 3:00 p.m. Thank you, Shari Horton 450 Hiwassee Avenue, NE 423-476-3766 Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone .42 acres located on Mouse Creek Rd NW (Tax Map 27G Group A Parcel 12.01) from R1 Single Family Residential Zoning District to R3 Multi-Family Residential Zoning District (Planning Commission: Approved 7-0; 1 recused, 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. [No comments received electronically.] Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone .16 acres located on Nevin Ln p. 843 REGULAR SESSION JUNE 8, 2020 PAGE -843- MINUTE BOOK 29 NW (a portion of Tax Map 49F Group L Parcel 17.00) from R1 Single Family Residential Zoning District to CN Neighborhood Commercial Zoning District (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. [No comments received electronically.] Mayor Brooks announced the following reappointments to the Shade Tree Board – Matt Coleman, County Commissioner Milan Blake, County Commissioner Dennis Epperson and Tim Henderson for additional 2-year terms to expire August, 2022. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage – To Deny Zoning Ordinance No: 2020-13 – heretofore denied on first reading May 11, 2020 and found in Minute Book 29, Page 805; rezoning .36 acres, more or less, located at 1120 Valley Head Rd NW (Tax Map 34I Group B Parcel 1.00) from R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Denied 7-0; 2 absent). • Final Passage - Zoning Ordinance No: 2020-14 – heretofore passed on first reading May 11, 2020 and found in Minute Book 29, Page 806; rezoning 26.91 acres, more or less, located on Hensley Rd NW (Tax Map 41 Parcel 55.01) from R1 Single Family Residential Zoning District to PUD22 Planned Unit Development Zoning District (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Zoning Ordinance No: 2020-15 – heretofore passed on first reading May 11, 2020 and found in Minute Book 29, Page 812; rezoning 104 acres, more or less, located on Durkee Rd (Tax Map 58 Parcel 28.00) from IL Light Industrial Zoning District to PUD23 Planned Unit Development Zoning District (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Zoning Ordinance No: 2020-16 – heretofore passed on first reading May 11, 2020 and found in Minute Book 29, Page 826; zoning of about 21.48 acres located on Michigan Ave Rd and 31st St NE (Tax Map 50 Parcel 14.04) from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Zoning Ordinance No: 2020-17 – heretofore passed on first reading May 11, 2020 and found in Minute Book 29, Page 828; rezoning .58 acres, more or less, located at 115 56th St NW (Tax Map 34D Group D Parcel 8.00) from R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 7-0; 2 absent). • Bid Report – Street Striping (Extending the current contract with Superior Pavement Markings, Inc. for an additional one-year term). TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: June 8, 2020 RE: Contract Extension – Street Striping & Thermoplastic SUMMARY: Public Works’ street striping & thermoplastic contract is currently with Superior Pavement Marking, Inc. in Knoxville, TN. Jerry Burnette (Superior Pavement Marking) has agreed to extend the current contract for an additional one-year term. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. p. 844 REGULAR SESSION JUNE 8, 2020 PAGE -844- MINUTE BOOK 29 RECOMMENDATION: Recommendation is to approve the extension of the current contract for an additional one-year term. • Bid Report – Brush Chipping TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: June 8, 2020 RE: Bid Summary – Brush Chipping Services SUMMARY: Sealed bids were received on June 2, 2020, for Brush Chipping Services. The bids are listed below: • Big Woody’s Tree Service, LLC Apison, TN $350.00/hr _____ • G.W. & Son Excavating, LLC Vonore, TN $369.97/hr _____ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends award to Big Woody’s Tree Service. The term of this contract will be for a one-year period beginning July 1, 2020. • Resolution No: 2020-35 – Authorizing the Mayor to sign a grant contract with TDOT for the Multimodal Access Shared-use path and bike lane on the south side of SR60. RESOLUTION NO. 2020-35 WHEREAS, the City has received the attached contract from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project Description: Shared-use path and bike lane on the south side of SR-60. Agreement Number: 200110 Project Identification Number (PIN): 130251.00 State Project #: 06LPLM-S3-079 WHEREAS, the City Council desires to enter 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. [on file in the City Clerk’s Office.] This 8th day of June 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 845 REGULAR SESSION JUNE 8, 2020 PAGE -845- MINUTE BOOK 29 • Resolution No: 2020-36 – Authorizing the Mayor to sign an application for the FY2020 Bulletproof Vest Partnership Program. RESOLUTION NO: 2020-36 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR A BULLETPROOF VEST PARTNERSHIP GRANT FOR FY 2020 YEAR THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Cleveland desires to apply for a FY 2020 Bulletproof Vest Partnership Grant through the United States Department of Justice, Bureau of Justice Assistance, for bulletproof vests to be used in the Cleveland Police Department; and WHEREAS, the cost of these 25 vests is $19,750 ($790 each), and the grant, if approved, would reimburse the City for 50% of the cost of these vests; and WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents and to take all actions on behalf of the City that may be necessary or appropriate in connection with the grant application, and to accept the grant if approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the City of Cleveland is hereby authorized to apply for this grant, and the Mayor is hereby further authorized to sign all documents on behalf of the City that may be necessary or appropriate for the completion of the grant application. BE IT FURTHER RESOLVED that if the City is awarded the grant, that the Mayor is further authorized to sign all documents and to take any other action on behalf of the City that may be necessary or appropriate for the City to accept this grant. This 8th day of June, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-37 – Approving amendments to the Citizen Participation Plan and the 2019-2023 CDBG Consolidated Action Plan. RESOLUTION NO: 2020-37 RESOLUTION FOR APPROVAL OF THE 2019-2023 CONSOLIDATED PLAN AMENDMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND APPROVAL OF THE AMENDMENT TO THE CITIZEN PARTICIPATION PLAN WHEREAS, the City of Cleveland, Tennessee has received an allocation under the Corona Virus Aid, Relief and Economic Security Act (CARES Act) through the Community Development Grant Program; and WHREAS, City of Cleveland is amending the 2019-2023 Consolidated plan to include public services and economic development; p. 846 REGULAR SESSION JUNE 8, 2020 PAGE -846- MINUTE BOOK 29 WHEREAS, City of Cleveland is required to amend it citizen participation plan as it relates to comment period pertaining to the Consolidated plan; WHEREAS, the 2019-2023 Consolidated Plan Amendment was the subject of a public hearing that was advertised in the Cleveland Banner for comment on May 13, 2020 and held on May 28, 2020 with a comment period of no less than 5 days to end on June 5, 2020; WHEREAS, comments concerning the 2019-2023 Consolidated Plan Amendment were received by City staff; WHEREAS, the City Council approves the amendment to the Consolidated Plan to include economic development and public services activities and approves the amendment to the Citizen Participation Plan; NOW, THEREFORE, BE IT RESOLVED THAT; That City Council of City of Cleveland approves both amendments and authorize the submittal to the United States Department of Housing and Urban Development (HUD), and the Mayor is authorized to sign all agreements, contracts, certifications and other documents with HUD that are required to carry out the amendments. This 8th day of June, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-38 – Authorizing the Mayor to sign a lease agreement and contract with Apex Turf Management LLC for the Waterville Golf Course. RESOLUTION NO. 2020-38 WHEREAS, the City Council has reviewed the recommendations from the City Manager concerning Waterville Golf Course, and it now desires to enter into the attached lease agreement with Apex Turf Management LLC and also the attached Contract with Apex Turf Management LLC and to further authorize the Mayor to execute these 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 lease agreement for Waterville Golf Course with Apex Turf Management LLC as well as the attached Contract with Apex Turf Management LLC, and it further authorizes the Mayor to execute these agreements on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 8th day of June 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-39 – Approving utility easements to Cleveland Utilities along Georgetown Road at Cleveland Middle School and Candy’s Creek Cherokee Elementary School in connection with the TDOT project. p. 847 REGULAR SESSION JUNE 8, 2020 PAGE -847- MINUTE BOOK 29 RESOLUTION NO. 2020-39 WHEREAS, the City of Cleveland is the owner of a parcel of real property located at 3661 Georgetown Road in the City of Cleveland, which is the location of Cleveland Middle School, and is generally identified as Tax Map 033 112.00; and WHEREAS, the City of Cleveland is also the owner of a parcel of real property located at 4445 Georgetown Road in the City of Cleveland, which is the location of Candy’s Creek Cherokee Elementary School, and is generally identified as Tax Map 033 004.03; and WHEREAS, in connection with the on-going TDOT project which will eventually widen U.S. 60 (Georgetown Road), Cleveland Utilities will need to relocate some existing utility lines; and WHEREAS, the consultant retained by Cleveland Utilities in connection with this TDOT project has prepared the attached utility easements for approval by the City Council and the Cleveland City School Board; and WHEREAS, since the two parcels are titled in the name of the City of Cleveland for the use and benefit of the Cleveland Board of Education, the easements need to be approved by the City Council; and WHEREAS, the City Council desires to approve of these utility easements and to authorize them to be executed. 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 utility easements to Cleveland Utilities across the two parcels described herein. [on file in the City Clerk’s Office.] This 8th day of June 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-40 - Authorizing a contract with SETDD for services related to the CDBG-CV Forgivable Loan Program. RESOLUTION NO. 2020-40 WHEREAS, the City’s redevelopment coordinator has determined that it is necessary to obtain a contractor to perform certain technical or professional administrative services to develop and implement an Economic Development Program to be funded by the HUD CDBG-CV allocation of funds; and WHEREAS, in connection with said project, the City's redevelopment coordinator is 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 project, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. p. 848 REGULAR SESSION JUNE 8, 2020 PAGE -848- MINUTE BOOK 29 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 project 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.] This 8th day of June 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Motion - Avery Johnson Park Plan Modification. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: June 8, 2020 RE: Avery Johnson Park Plan Modifications SUMMARY: The City started the construction of Avery Johnson Park in 2019. The new Park facility will consist of multiple soccer field/multi-purpose fields, two dog parks, walking trail, and a parking lot. The Plan included a phased in approach to also include a pavilion and restrooms in the future. Furthermore, the City has an additional $150,000 in CDGB funds available to start the second phase of the project. City staff would like to propose to the City Council that we fold Phase 2 into the final construction to build at least a pavilion and restroom space for visitors when it is officially opened. The City would also use some additional funds already within the Public Works and Parks & Recreation budget to complete this project. City staff has a goal to have a Grand Opening of this facility in the fall of 2020. I’ve included some draft visuals and drawing of the proposed facility. COMMITTEE FINDINGS: None FISCAL ANALYSIS: None RECOMMENDATION: City staff recommends the approval of the construction of Phase 2 at Avery Johnson Park. • Reappointment – Animal Shelter – Dr. Sally Poston for an additional 3-year term to expire April, 2023 • Reappointment – Animal Shelter – Pat Ownby for an additional 3-year term to expire June, 2023. • Reappointment – Beer Board – Mark Smith for an additional 2-year term to expire July, 2022. • Reappointment – Beer Board – Gerald Lillard for an additional 2-year term to expire July, 2022. • Reappointment – Historic Preservation – Jo Benjamin for an additional 4-year term to expire June, 2024. p. 849 REGULAR SESSION JUNE 8, 2020 PAGE -849- MINUTE BOOK 29 • Reappointment – Historic Preservation – Rufus Triplett for an additional 4-year term to expire June, 2024. • Reappointment – Health Education Facilities and Industrial Bond Board – Dr. Robert Taylor for an additional 6-year term to expire July, 2026. • Reappointment – Health Education Facilities and Industrial Bond Board – Mike Griffin for an additional 6-year term to expire July, 2026. • Reappointment – Utility Board – Eddie Cartwright for an additional 4-year term to expire August, 2024. • Reappointment – Vacant Property Review Board – Duane Gilbert for an additional 2-year term to expire May, 2022. • Reappointment – Vacant Property Review Board – Verrill Norwood for an additional 2-year term to expire May, 2022. The motion to approve the consent agenda was seconded by Councilman Cassada and upon roll call, the motion was unanimously passed. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie stated he has a grandson graduating from Cleveland High School this Friday. He encouraged everyone to attend. Councilman Estes congratulated Westmore Church of God for opening back up this past weekend. He then thanked Mr. Fivas and city staff for opening the parks back up. Lastly, he had been in communication with Sarah Keel regarding CALEA policies and he wanted to publicly thank Larry Wallace for encouraging and walking us through this process early on. He is glad to hear Chief Gibson will be responding to Ms. Keel as well. Councilman Cassada stated over the weekend in Mountain Brooks and Mountain Pointe subdivisions had a lot of tree debris and just wanted to make sure it gets cleaned up soon. Also, we’ve seen reports and the media about defunding the Police Departments and he is in no way in support of defunding First Responders or any Police and Fire Departments to jeopardize our safety in our community. Councilman Hughes thanked Councilman Estes for mentioning Larry Wallace and his work with our Police and Fire Departments. Councilman Hughes then stated he stands with our Police Department, Fire Department and First Responders. Mr. Fivas stated Mountain Brook residents have been doing some clearing of trees and Public Works have been working to clear the neighborhood. Having such large piles sometimes causes them to run behind schedule. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Ordinance No: 2020-18 – FY2020 Budget Amendments. ORDINANCE NO: 2020-18 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2019-2020 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE. p. 850 REGULAR SESSION JUNE 8, 2020 PAGE -850- MINUTE BOOK 29 BE IT ORDAINED by the City Council of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2019-2020 be amended according to the attached amendment. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of Cleveland requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 851 REGULAR SESSION JUNE 8, 2020 PAGE -851- MINUTE BOOK 29 p. 852 REGULAR SESSION JUNE 8, 2020 PAGE -852- MINUTE BOOK 29 p. 853 REGULAR SESSION JUNE 8, 2020 PAGE -853- MINUTE BOOK 29 Councilman Webb moved that Ordinance No:2020-18 be voted for passage on first reading. The motion was seconded Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Zoning Ordinance No: 2020-19 – Rezoning .68 acres located at 205 Hiwassee Ave (Tax Map 42G Group B Parcels 19.00 & 20.00) from R1 Single Family Residential Zoning District to R3 Multi-Family Residential Zoning District (Planning Commission: Denied 8-0; 1 absent). ZONING ORDINANCE NO: 2020-19 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1 Single Family Residential Zoning District to R3 Multi-family Residential Zoning District. Approximately .68 acres, more or less, located at 205 Hiwassee Ave NE as shown on the attached map. For reference, same property is being shown Tax Map 42G Group B Parcel 19.00 & 20.00, in the Assessor’s Office for Bradley County, Tennessee p. 854 REGULAR SESSION JUNE 8, 2020 PAGE -854- MINUTE BOOK 29 BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that 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 Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Vice Mayor Johnson moved that Zoning Ordinance No:2020-19 be voted for denial on first reading. The motion was seconded Councilman Cassada; and upon roll call, it was unanimously passed to deny the Ordinance. The following Ordinance was then presented in full: • Zoning Ordinance No: 2020-20 – Rezoning .42 acres located on Mouse Creek Rd NW (Tax Map 27G Group A Parcel 12.01) from R1 Single Family Residential Zoning District to R3 Multi-Family Residential Zoning District (Planning Commission: Approved 7-0; 1 recused, 1 absent). Zoning Ordinance No. 2020--20 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1 Single Family Residential Zoning District to R3 Multi-family Residential Zoning District. Approximately .42 acres, more or less, located on Mouse Creek Rd as shown on the attached map. For reference, same property is being shown on Tax Map 27G Group A Parcels 12.01, in the Assessor’s Office for Bradley County, Tennessee BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. p. 855 REGULAR SESSION JUNE 8, 2020 PAGE -855- MINUTE BOOK 29 BE IT FURTHER ORDAINED that 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 Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman Hughes moved that Zoning Ordinance No:2020-20 be voted for passage on first reading. The motion was seconded Councilman Webb; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Zoning Ordinance No: 2020-21 – Rezoning .16 acres located on Nevin Ln NW (a portion of Tax Map 49F Group L Parcel 17.00) from R1 Single Family Residential Zoning District to CN Neighborhood Commercial Zoning District (Planning Commission: Approved 8-0; 1 absent). Zoning Ordinance No. 2020-21 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1 Single Family Residential Zoning District to CN Neighborhood Commercial Zoning District. Approximately .16 acres, more or less, located on Nevin Ln as shown on the attached map. For reference, same property is being shown on Tax Map 49F Group L Parcels 17.00, in the Assessor’s Office for Bradley County, Tennessee BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. p. 856 REGULAR SESSION JUNE 8, 2020 PAGE -856- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman Cassada moved that Zoning Ordinance No:2020-21 be voted for passage on first reading. The motion was seconded Councilman Webb; and upon roll call, unanimously passed. • Motion – Requesting the City Council make Paul Huff Extension a priority to connect Paul Huff Parkway to Freewill Road to resolve traffic congestion in the North Cleveland area (Requested by Councilman Cassada). Councilman Cassada stated he would like to get the groundwork on the Paul Huff extension started since it could be a long project. He would like staff to look and complete preliminaries and report back costs and the process. Mr. Fivas replied we know one of our weaknesses from an infrastructure standpoint is the lack of the connectors from Freewill to Georgetown. It is a growing community and the Paul Huff extension project has been out there for a while. He then asked if he should have staff look at other alternatives or only the Paul Huff extension. Councilman Cassada stated he would like to see alternatives as well that could possibly make more sense, especially anything cost efficient for taxpayers. For instance, possibly widening Villa Drive. Anything we can do to relieve the traffic pressure in that community. Vice Mayor Johnson stated this has been an issue for some time. He agrees with Councilman Cassada that something needs to be done and work towards completing the extension. Mayor Brooks asked if this could be added to the MPO prioritization list and also, would a motion be required for this item. Mr. Fivas replied you don’t necessarily need to vote on it, the consensus of you would like us to do further work and bring back alternatives is enough. We will need to do some due diligence on what the best way is to approach this project and what will carry the most traffic. Once the Council decides on an option, we could then approach the MPO. We need to make sure what we do now will continue to help in the future. p. 857 REGULAR SESSION JUNE 8, 2020 PAGE -857- MINUTE BOOK 29 The following Resolution was then presented in full: RESOLUTION NO: 2020-42 A RESOLUTION AUTHORIZING AN ENGAGEMENT LETTER AND A CONTRACT WITH WEDGEWOOD ACCOUNTING, PLLC TO AUDIT THE ACCOUNTS OF THE CITY OF CLEVELAND, TENNESSEE WHEREAS, the City of Cleveland has received a proposal from the Certified Public Accounting firm of Wedgewood Accounting, PLLC, to audit the accounts for the period from July 1, 2019, through June 30, 2020, with a fee of $49,000.00; and WHEREAS, the City Council desires to enter into an engagement letter and a contract with Wedgewood Accounting, PLLC, and to further authorize the Mayor to execute the required engagement letter and the attached contract on behalf of the City of Cleveland. BE IT THEREFORE RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor be, and hereby is, authorized to sign the engagement letter and contract and all other necessary forms for said audit on behalf of the City of Cleveland for the above referenced contract. [on file in the City Clerk’s Office.] Adopted this 8th day of June, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Resolution No: 2020-42 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Mr. Fivas thanked Mayor Brooks for orchestrating the help of our delivery and for bringing in Rob Maggard with the Church of God Department of Communications to help with our enhanced Facebook live presentation. Mayor Brooks also thanked Mr. Maggard for his assistance. There being no future business the meeting was adjourned at 4:19 p.m. _________________________________ __________________________________ Mayor City Clerk