Cleveland City Council

p. 858 REGULAR SESSION JUNE 22, 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 22, 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, Bill Estes and Tom Cassada. On the conference call were Vice Mayor Avery Johnson, Councilmen David May, Jr., Dale Hughes and Ken Webb. 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; Dustin Roberts, IT Support; 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 June 8, 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 There were no special presentations. CITY MANAGER REPORT City Manager Joe Fivas updated the City Council on the approval from the State to initiate our contract for electrical inspection services directly through Dan Wilson. Bryan Turner will also be performing electrical inspections, as he recently passed the examination. Second, he acknowledged Assistant City Manager Shawn McKay, IT Director Kris Miller, Accountant Amy Newman, Purchasing Coordinator Kristi Powers and Assistant City Clerk Christy Brandon who have worked diligently on the implementation of the new financial software, along with the responsibilities of their regular job duties. During this time of Covid, training was done remotely, and he appreciates their efforts. Third, the grand opening of the pickleball courts should be held sometime in July, once things begin to open back up. Lastly, over the weekend at First Street Square, Music in the Park was held and had a great turnout. The next event will be based on art and social distancing will take place. Mr. Fivas then reviewed today’s agenda items. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the City of Cleveland to abandon a section of Magnolia Ave NE located between Billy Graham Ave NE and 13th St NE and a section of 13th St NE between Parker St NE and Magnolia Ave NE (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the abandonment. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition of the amendment. [Following comment was received electronically.] Mayor Brooks then declared the public hearing to be closed. p. 859 REGULAR SESSION JUNE 22, 2020 PAGE -859- MINUTE BOOK 29 CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Ordinance No: 2020-18 – heretofore approved on first reading June 8, 2020 and found in Minute Book 29, Page 849; FY2020 Budget Amendments. • Final Passage - To Deny Zoning Ordinance No: 2020-19 – heretofore denied on first reading June 8, 2020 and found in Minute Book 29, Page 853; 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). • Final Passage - Zoning Ordinance No: 2020-20 – heretofore approved on first reading June 8, 2020 and found in Minute Book 29, Page 854; Rezoning .42 acres located 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). p. 860 REGULAR SESSION JUNE 22, 2020 PAGE -860- MINUTE BOOK 29 • Final Passage - Zoning Ordinance No: 2020-21 – heretofore passed on first reading June 8, 2020 and found in Minute Book 29, Page 855; 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). • Bid Report – Concrete Services. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: June 22, 2020 RE: Bid Summary – Concrete Services SUMMARY: Sealed bids were received on June 16, 2020, for Concrete Services. The bids listed below: • Black Construction Cleveland, TN $321,787.50 • Integrated Properties Chattanooga, TN $1,617,653.75 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends award to Black Construction. The term of this contract will be for a three- year period beginning July 1, 2020. • Resolution No: 2020-43 - Authorizing the Mayor to sign contract amendment #10 with WPS USA, Inc. for MPO projects. RESOLUTION NO: 2020-43 RESOLUTION TO APPROVE AMENDMENT 10 TO A TRANSPORTATION PLANNING CONTRACT WITH. WSP USA, INC., FORMERLY PARSONS BRINKERHOFF, INC., IN SUPPORT OF THE CLEVELAND URBAN AREA METROPOLITAN PLANNING ORGANIZATION WHEREAS, the City of Cleveland serves as the contracting entity on behalf of the Cleveland Urban Area Metropolitan Planning Organization (MPO) in order to plan and implement transportation improvements within the Cleveland MPO area; and, WHEREAS, the City of Cleveland has maintained a contract with WSP USA, Inc., Parsons Brinkerhoff, Inc., for transportation planning services on behalf of the Cleveland Urban Area MPO and additional services are anticipated to be needed above the current “not to exceed” amount established by a prior contract amendment, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby: Authorize the Mayor to sign the attached amendment 10 to the existing contract with WSP USA, Inc. for transportation planning services. [On file in the City Clerk’s Office.] p. 861 REGULAR SESSION JUNE 22, 2020 PAGE -861- MINUTE BOOK 29 Approved this 22nd day of June, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-44 – Approval of the 2020 Annual Action Plan for the Community Development Block Grant Program. RESOLUTION NO: 2020-44 RESOLUTION FOR APPROVAL OF THE 2020 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the CDBG 2020 Annual Action Plan was the subject of public hearings on , September 23, 2019 , February 11th and February 18th, 2020. A draft of the Action Plan was available on March 31, 2020 , which began a thirty-day comment period ending on May 1, 2020. Copies of the Plan were made available at the Development and Engineering Services Office and the Cleveland Public Library, as advertised in the Cleveland Daily Banner on March 31, 2010; and WHEREAS, a document describing the plan was provided to the Cleveland Municipal Planning Commission and members had the opportunity to review and comment; and WHEREAS, comments concerning the Action Plan were received by City staff and documented; NOW, THEREFORE, BE IT RESOLVED, the 2020 Action Plan be approved by the City Council, and be it further resolved that City staff are authorized to submit the 2020 -2021 Action Plan to the United States Department of Housing and Urban Development (HUD), and be it resolved that the Mayor is authorized to sign all grant agreements, contracts and certifications with HUD that are required to carry out the CDBG program described in the Action Plan. [On file in the City Clerk’s Office.] Approved this 22nd day of June 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-45 – Authorizing the Mayor to sign a contract with TDOT resurfacing Paul Huff Parkway and adjoining portion of Stuart Road between Georgetown Road and Hardwick Farm Road. RESOLUTION NO. 2020-45 WHEREAS, the City has received the attached contract from the Tennessee Department of Transportation, (hereafter “TDOT”) for the project described below; and Project: Resurfacing and Safety on Paul Huff Parkway N.W. and Stuart Road N.E. between Georgetown Road to Hardwick Farms Parkway NE p. 862 REGULAR SESSION JUNE 22, 2020 PAGE -862- MINUTE BOOK 29 Agreement Number: 200153 Project Identification Number: 130477.00 Federal Project #: STP-M-NH-9203(26) State Project #: 06LPLM-F3-082 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. Approved this 22nd day of June, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-46 – Authorizing the Mayor to sign a contract with TDOT for the widening of Adkisson Drive. RESOLUTION NO. 2020-46 WHEREAS, the City has received the attached contract from the Tennessee Department of Transportation, (hereafter “TDOT”) for the project described below; and Project: Widening Adkisson Drive, from Paul Huff Parkway to 0.22 miles South of Norman Chapel Road Agreement Number: 190097 Project Identification Number: 128789.00 Federal Project #: STP-M-3660(10) State Project #: 06LPLM-F3-064 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 22nd day of June 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 863 REGULAR SESSION JUNE 22, 2020 PAGE -863- MINUTE BOOK 29 • Resolution No: 2020-47 - Approving a MOU with THSML2020LP concerning a downtown residential development project. RESOLUTION NO. 2020-47 WHEREAS, the City Manager and representatives of the City have been in discussions with THSML2020LP, a North Carolina Limited Partnership, which is a prospective purchaser of the Sanda Hosiery Mill property located on Edwards Street, about entering into a Memorandum of Understanding (hereafter "MOU") for a downtown residential development project; and WHEREAS, the proposed MOU with THSML2020LP for this development project is attached hereto and incorporated herein by reference: and WHEREAS, the City Council desires to approve of the MOU; and WHEREAS, the City Council further desires to authorize the Mayor to execute the MOU 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 MOU between the City of Cleveland and THSML2020LP for the project described in the MOU. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the MOU with THSML2020LP on behalf of the City. [On file in the City Clerk’s Office.] This 22nd day of June 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Reappointment – Airport Authority – Tom Rowland for an additional five-year term to expire August, 2025. • Reappointment – Greenway Board – Annie Robbins for an additional two-year term to expire August, 2022. • Reappointment – Greenway Board – Dr. Pat Stone for an additional two-year term to expire August, 2022. The motion to approve the consent agenda was seconded by Councilman Webb and upon roll call, the motion was unanimously passed. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes inquired as to when the 17th/20th sidewalk project would begin. Mr. Fivas stated everything has been turned into the State and it is possible that we will receive a letter obligating funds after July 1, but we do email the State weekly for updates. Councilman Estes asked to be copied on the next email to the State. Secondly, Adkisson Drive, Vice Mayor Johnson has been after this project for a long time and he is glad to see it finally in the hopper. Third, he would like to see everyone in person at the July meeting, while following State guidelines. Lastly, the monument. He does not see this as a one-sided issue, or outside agitators p. 864 REGULAR SESSION JUNE 22, 2020 PAGE -864- MINUTE BOOK 29 coming into town. He is not comfortable just saying it’s not ours to control, nothing we can do about it. There are a couple of roads to go down and one is legally. Legal like we know how it all applies to the situation at hand. A lot more needs to be discussed and today’s is not that time. He then asked for city staff to pursue the following questions. Who owns the memorial? Who owns the land that it sits on? How much is that plot? How is it deeded? Who has control of the right- of-way? Also, an answer who owns the GAR Memorial at the end of Worth Street at Fort Hill Cemetery? Who owns that land and how large is the plot? Also, where does our local chapter of the United Daughters of the Confederacy stand on this and would they like to give us insights on their thoughts? What do they think about moving it? What about opening it and see what’s in the box hidden underneath the pedestal? Would the city be willing to help them move it if they were open to it? As for the GAR Memorial, who owns it, who controls it? Oviatt Post No. 20 erected it, but they are no longer established. We need facts on this and understands facts won’t change feelings, but we need to move forward with facts. He requested answers before the next meeting in order to have discussion. Councilman Cassada reported the Candies Lane project is well under way. He spoke with Wright Brothers, who have done a wonderful job, and the road should be open on July 23. They will have some finishing work to be completed but if weather permits the roadway can be opened. Councilman Hughes stated City Judge Barrett Painter has been appointed to the Juvenile Judgeship that was previously held by Judge Swafford, who recently retired. Councilman Hughes then asked to add under new business a motion to appoint Richard Banks as the City Judge. Mr. Fivas stated he spoke with Judge Painter and thanked him for his service. He will submit a resignation sometime in July but plans to remain City Judge until September 30. In the past, we have used an application and a selection process by the Council. Councilman Hughes stated he was receiving calls from attorneys and would like to handle this today. Mayor Brooks reported he received a call concerning a sinkhole at 3804 Jill Street, at the owners mailbox on the street. He asked city staff to follow up. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Ordinance No: 2020-22 - Abandoning a section of Magnolia Ave NE located between Billy Graham Ave NE and 13th St NE and a section of 13th St NE between Parker St NE and Magnolia Ave NE (Planning Commission: Approved 8-0; 1 absent). ORDINANCE NO. 2020-22 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of-way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and p. 865 REGULAR SESSION JUNE 22, 2020 PAGE -865- MINUTE BOOK 29 WHEREAS the City Council has determined that it is appropriate to approve the requested right- of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: 13th St, south portion Beginning at the northwest corner of the lands of Church of God, as recorded in BCROD deed book 279 page 792; thence north 18 degrees 22 minutes east, 25.14 feet to the center of 13th Street; thence south 65 degrees 34 minutes east, 315 feet to a point in the center of 13th Street; thence south 18 degrees 22 minutes west, 25.14 feet to a point; thence north 65 degrees 34 minutes west, 315 feet to the point of beginning. 13th St, north portion Beginning at the southwest corner of the lands of Church of God, as recorded in BCROD deed book 293 page 678’ thence south 65 degrees 34 minutes east, 315 feet to a point; thence south 18 degrees 22 minutes west, 25.14 feet to the center of 13th Street; thence north 65 degrees 34 minutes west, 315 feet to the center of 13th Street; thence north 18 degrees 22 minutes east, 25.14 feet to the point of beginning. Magnolia, West portion Beginning at the southwest corner of the lands of Lee University, as recorded in BCROD deed book 1859 page 982; thence north 18 degrees 21 minutes 48 seconds east, 416.52 feet to the northwest corner of the lands of Lee University; thence in a northwesterly direction in a direction that is an extension of the north property line of Lee University 25 feet, more or less, to the center of Magnolia Avenue; thence in a southwesterly direction with the center of Magnolia Avenue 416 feet, more or less, to a point in the center of Magnolia Avenue that is an extension of the southern property line of Lee University; thence in a southeasterly direction 25 feet, more or less, to the point of beginning. Magnolia, East portion Beginning at the southeast corner of the lands of Church of God, as recorded in BCROD deed book 293 page 678; thence in a northeasterly direction 416 feet, more or less, to the northwest corner of the lands of Church of God Trustees, as recorded in BCROD deed book 265, page 596; thence in a northeasterly direction in a direction that is an extension of the north property line of Church of God Trustees 25 feet, more or less, to the center of Magnolia Avenue; thence in a southwesterly direction with the center of Magnolia Avenue 416 feet, more or less, to a point in the center of Magnolia Avenue that is an extension of the southern property line of Church of God; thence in a southwesterly direction 25 feet, more or less, to the point of beginning. 2. RETENTION OF EASEMENTS: The City shall retain an easement to maintain access to public electric facilities as long as they remain in place. 3. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. p. 866 REGULAR SESSION JUNE 22, 2020 PAGE -866- MINUTE BOOK 29 4. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 5. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading and after the time that any parcel which does not currently have road frontage is re- platted to obtain the necessary frontage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 867 REGULAR SESSION JUNE 22, 2020 PAGE -867- MINUTE BOOK 29 Exhibit B p. 868 REGULAR SESSION JUNE 22, 2020 PAGE -868- MINUTE BOOK 29 Exhibit C Councilman Webb moved that Ordinance No: 2020-22 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson. Councilman Estes stated Lee University is his employer, which does not affect his vote. Upon roll call, unanimously passed. Councilman Hughes moved to appoint Richard Banks as City Judge to begin October 1, 2020. The motion was seconded by Councilman May. Councilman Estes stated Richard Banks would make a great Judge, but this looks bad. First meeting back, we haven’t even discussed or taken applications. Numerous Attorney’s have contacted him as well and he would like to see an application process. He then made a substitute motion to use an application process for this appointment and from this point forward, we always take applications for City Judge and City Attorney when there are vacancies. This is meant as no disrespect to Richard Banks. This is about the process. The substitute motion was seconded by Councilman McKenzie. Upon roll call, Councilman Estes, Councilman McKenzie, Vice Mayor Johnson and Councilman Cassada voted aye. Councilman May, Councilman Hughes and Councilman Webb voted no. The motion carries 4:3. Mr. Fivas stated he will pull the previous application for the City Council to review and then make it available to the public and to set the application deadline to the Mayor’s Office as August 1, 2020. ANNOUNCEMENTS Mayor Brooks announced City Offices will be closed Friday, July 3 in observance of Independence Day. There being no future business the meeting was adjourned at 3:52 p.m. _________________________________ __________________________________ Mayor City Clerk