Cleveland City Council

p. 46 REGULAR SESSION SEPTEMBER 28, 2020 3:00 P.M. MINUTE BOOK 30 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, SEPTEMBER 28, 2020 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 60, THIS MEETING WAS CONDUCTED ELECTRONICALLY AND LIVE STREAMED ON THE CITY’S FACEBOOK PAGE IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE. DURING AND 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, Tom Cassada, David May, Jr., Dale Hughes (remotely called), Ken Webb and Vice Mayor Avery Johnson. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Kris Miller, IT Director; Beverley Lindsey, Assistant to the City Manager; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner; City Attorney John Kimball and Tim Sinead with The Cleveland Daily Banner. Mayor Brooks asked for a moment of silence for Dr. O. Wayne Chambers, who recently passed away. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Ken Webb, 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 September 14, 2020 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. CITY MANAGER REPORT AND AGENDA REVIEW City Manager Joe Fivas announced the Greenway & Stream Cleanup on October 24 from 9am-1pm. Citizens are invited to attend. He then updated the Council that easements were obtained along North Ocoee adjacent to the VFW property which will add approximately 1,000 feet of future Greenway area. We appreciate them working with us on the project. Mr. Fivas added we would like to add a TDOT contract extension to the agenda. Councilman Cassada moved to add to the agenda under new business from TDOT pertaining to Georgetown Road to extend the contract time, as requested by City Manager Joe Fivas. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Mr. Fivas continued that lights have been installed at the Exit 25 sign and landscaping will be installed soon. Also, the 17th/20th Sidewalk project is out to bid and a report should be before the Council in November. Staff continues to work on the refinancing variable rate debt. A J-Turn proposal has been received from TDOT concerning 25th Street the area between Georgetown Road and Little Street NW. This would curb the area and add areas for controlled U-turns. This is a 95/5 grant, a TDOT safety project since it is a State Road and it could be something in the future to approve. We have been looking at options for the LPRF Parks Grant and will let the Council know what options could fit in the future. Lastly, we have been looking at options concerning Methadone Clinic and the process and treatment center. The State requires that the communities get notice in a certain way with a certified letter. We, nor Mayor Brooks, have not received the notice nor have they produced record of the certified return receipt. We are concerned we did not receive notice so our notice could speak with the company/agency before they made their decision. There is a sixty-day time limit that we can appeal the agency decision. The question is would the Council like staff to continue to look at it or stand down? Councilman May asked if we need a motion to appeal. City Attorney John Kimball stated we have spoken with Attorney Doug Johnston about an administrative appeal with the agency and if you would like the first step to be filed, we would need to take action today. Councilman Estes asked for a motion to be added to the agenda to begin the administrative appeal process with the agency. Mayor Brooks added the motion Councilman Webb stated we owe it to the citizens to allow them to express their concerns. Mr. Fivas continued that we are looking at opportunities for certain transportation projects that could possibly need legislative help with the larger funding items. We will begin to look at dates in p. 47 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -47- MINUTE BOOK 30 November to discuss strategic planning and future needs of the Mayor and Council. Mr. Fivas then reviewed today’s agenda. HEARING PETITIONS AND COMMUNICATIONS There were no hearing petitions and communications. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2020-31 – heretofore passed on first reading September 14, 2020 and found in Minute Book 30, Page 35; rezoning .52 acres, more or less, located at 3745 Georgetown Rd (Tax Map 33O Group C Parcel 18.00) from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Zoning Ordinance No: 2020-32 – heretofore passed on first reading September 14, 2020 and found in Minute Book 30, Page 37; rezoning 42 acres, more or less, located at 2600 Freewill Rd (Tax Map 33 a portion of Parcel 113.00) from R1 Single Family Residential Zoning District to PUD26 Planned Unit Development Zoning District (Planning Commission: Approved 7-0; 2 absent). • Resolution No: 2020-72 – Authorizing the Mayor to sign the driver safety awareness grant contract with the Tennessee Department of Safety and Homeland Security to be used for a traffic officer. RESOLUTION NO: 2020-72 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2021 STATE OF TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY DRIVER SAFETY AWARENESS GRANT WHEREAS, the State of Tennessee Department of Safety and Homeland Security through the Tennessee High is sponsoring competition for $23 million in federal grant funds to be distributed statewide from the National Highway Traffic Safety Administration for the 2020- 2021 Federal Fiscal Year. Grant funding is available for traffic safety programs, public awareness campaigns, impaired driving, highway safety education, occupant protection, speed enforcement as well as pedestrian and bicycle safety; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to accept the grant funding, and authorize the Mayor to sign the same, as well as to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant awarded to the City by the Tennessee Department of Safety and Homeland Security. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor and City staff be authorized to sign and accept the grant with the State of Tennessee Department of Safety and Homeland Security on behalf of the City of Cleveland for the grant described herein. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland that the Mayor is authorized to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Safety and Homeland Security. Adopted this 28th day of September 2020 p. 48 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -48- MINUTE BOOK 30 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-73 – Authorizing the submission of the Public Entity Partners Driver Safety Grant. RESOLUTION NO: 2020-73 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN James L. Richardson “Driver Safety” Matching Grant Program * * * * * * * * * * * * * * * * * * * WHEREAS, the safety and well-being of the employees of the City of Cleveland is of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace for the City of Cleveland employees; and WHEREAS, Public Entity Partners seeks to encourage the establishment of a safe workplace by offering a “Driver Safety” Matching Grant Program; and WHEREAS, the City of Cleveland now seeks to participate in this important program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE the following: SECTION 1. That the City of Cleveland is hereby authorized to submit application for a “Driver Safety” Matching Grant Program through Public Entity Partners. SECTION 2. That the City of Cleveland is further authorized to provide a matching sum to serve as a match for any monies provided by this grant. Adopted this 28th day of September, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-74 - Granting approval to the Board of Public Utilities to institute eminent domain proceedings to acquire an easement for a sewer main project. RESOLUTION NO: 2020-74 WHEREAS, the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) is in the process of installing a 15” sewer main in Cleveland to serve property annexed by the City of Cleveland off Hensley RD NW; and WHEREAS, a portion of the new sewer line crosses the property of Candace and Cody Cash (Tax Map 47-17.01); and p. 49 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -49- MINUTE BOOK 30 WHEREAS, an easement across the referenced parcel is necessary for the completion of this project; and WHEREAS, based upon Cleveland Utilities' discussions with Candace and Cody Cash, it does not appear that Cleveland Utilities will be able to obtain the necessary easement except through eminent domain proceedings; and WHEREAS, pursuant to Section 2-304(b) of the Cleveland Municipal Code, the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) has the right to exercise the rights of eminent domain, in the name of the City of Cleveland, by and with the consent of the City Council; and WHEREAS, the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) passed a resolution at its meeting on September 25, 2020 approving of eminent domain proceedings against Candace and Cody Cash in order to obtain the necessary easement for the project described herein; and WHEREAS, a copy of the resolution passed by the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) at its meeting on September 25, 2020 is attached hereto and incorporated herein by reference; and WHEREAS, the City Council of the City of Cleveland desires to grant its consent to and approve of eminent domain proceedings against the property owner listed herein by the Board of Public Utilities (Cleveland Utilities) in order to obtain the easement listed herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City Council hereby consents to and grants approval to the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) to institute eminent domain proceedings against the property owner listed herein in order to acquire the easement described herein. BE IT FURTHER RESOLVED that Cleveland Utilities is hereby authorized to institute eminent domain proceedings in order to acquire the easement described herein. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-75 – Donating 1295 Hardwick Street property to City Fields, Inc. to improve and make available to a qualified buyer in the CDBG area. RESOLUTION NO. 2020-75 WHEREAS the City Council previously passed a Resolution approving the 2019-2020 Annual Action Plan for the use of Community Development Block Grant (CDBG) funds; and WHEREAS one of the stated goals of this plan is to increase the availability of affordable housing within the CDBG target area of Cleveland; and WHEREAS, in connection with the implementation of this plan, the City has purchased a home located at 1295 Hardwick Street which is within the CDBG target area; and p. 50 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -50- MINUTE BOOK 30 WHEREAS the home was originally constructed in 1939 and is in need of substantial repairs; and WHEREAS, City Fields, Inc. is involved in CDBG eligible activities within the City of Cleveland and specifically the CDBG target area, and City Fields, Inc. has access to funds which will allow City Fields, Inc. to make the necessary improvements to the home before selling the same to a qualified (low to moderate income) buyer; and WHEREAS the City’s Community Development Block Grant Coordinator is requesting the approval of the City Council to donate this property to City Fields, Inc. so it can be improved by City Fields, Inc. and made available for sale to a qualified buyer, and WHEREAS, the donation of this property to City Fields, Inc. will contain a deed restriction that requires that once the property is improved by City Fields, Inc. and ready to be sold that it must be sold to a qualified buyer and that the property may not be thereafter sold or transferred for a period of five years to insure that the goal of creating affordable housing within the CDBG target area is met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that City Council hereby approves of the donation this property to City Fields, Inc. provided that all of the conditions stated herein are included within the deed transferring the property; BE IS FURTHER RESOLVED the Mayor is hereby authorized to execute any documents which may be necessary or appropriate to accomplish the transfer of the property to City Fields, Inc. This 28th day of September 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-76 – Supporting an application for the Transportation Alternatives (TA) Grant Program for the Candies Creek Greenway Phase 1. RESOLUTION NO: 2020-76 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION ALTERNATIVES PROGRAM FUNDING WHEREAS, the City of Cleveland desires to submit an application to the Tennessee Department of Transportation (TDOT) for funding under the Transportation Alternative Program (TAP) for a project described as the “Candies Creek Greenway Phase 1”; and WHEREAS, the City of Cleveland has worked with the Greenway Advisory Board, Cleveland Urban Area MPO, and others to develop the concept plan for the Candies Creek Greenway Phase 1 TAP application in accordance with TDOT guidance; p. 51 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -51- MINUTE BOOK 30 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application for TAP funds is hereby endorsed for the Candies Creek Greenway Phase 1 Project with a total construction cost of up to $3,400,000 and a City of Cleveland matching share of 20% of the total construction costs. The Mayor is authorized to sign a letter to that effect as well as any related grant contract or documents for the purpose of securing these funds. 2. The City of Cleveland would be responsible for environmental, design, ROW, and utilities costs related to the project. Approved this 28th day of September, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-77 – Authorizing the Mayor to sign contract amendment #2 with TDOT related to various improvements to Central Avenue. RESOLUTION NO. 2020-77 WHEREAS, the City has received the attached contract amendment #2 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Central Avenue NE from SR-74 (Ocoee St) to Gaut Street NE Agreement Number: 140212 Project Identification Number: 114567.01 Federal Project #: STP-M-9203(22) State Project #: 06LPLM-F3-052 WHEREAS, the City Council desires to enter into the attached contract amendment #2 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 amendment #2 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 28TH day of September, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 52 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -52- MINUTE BOOK 30 • Resolution No: 2020-78 – Authorizing the Mayor to sign contract amendment #4 with TDOT related to Norman Chapel Road project. RESOLUTION NO. 2020-78 WHEREAS, the City has received the attached contract amendment number 4 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Norman Chapel Road from Adkisson Drive to Peerless Road Agreement Number: 100249 Project Identification Number: 114567.00 State Project Number: 06LPLM-F3-027 Federal Project Number: STP-M-9203 WHEREAS, the City Council desires to enter into the attached contract amendment number 4 with TDOT for the project described herein and in the amendment, 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 4 with TDOT for the project described herein and in the amendment, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 28th day of September, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – Avery Johnson Park Pavilion AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: September 28, 2020 RE: Bid Summary – Avery Johnson Park Restroom and Pavilion Project SUMMARY: Sealed bids were received on September 23, 2020, for Avery Johnson Park Restroom and Pavilion Project. The bids listed below: • Integrated Properties, LLC Chattanooga, TN $347,176.80 _____ • Ross Construction, Inc. Cleveland, TN $445,000.00 _____ COMMITTEE FINDINGS: No Board or Committee findings. p. 53 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -53- MINUTE BOOK 30 FISCAL ANALYSIS: Exceeds available budget. RECOMMENDATION: Staff recommends rejecting bids and rebidding project January 2021. • Street Light Recommendation – Mouse Creek Road and Logan Road (Cleveland Utilities does not recommend any additional lighting; meet’s city’s guidelines. Upgrade to four existing 100-watt fixtures to 133-watt LED at a cost of $162.83 each. Tree trimming will be conducted by city staff). • Street Light Recommendation – 2520 Rogers Drive SE (Cleveland Utilities does not recommend any additional lighting; meet’s city’s guidelines. Upgrade to three existing 100-watt fixtures to 40-watt LED at a cost of $162.83 each). • Memo – Healthy Built Environment Grant. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: September 28, 2020 RE: Healthy Built Environment Grant SUMMARY: City staff has evaluated the recently released ‘Healthy Built Environment Grant’ from the Tennessee Department of Health. City staff believes the best direct impact we can have for healthy environments and saving the City money is to due a second phase of already completed Pickleball Court Complex. The second phase would consist of purchasing lights for the Pickleball Courts, build a sidewalk connection and speed table to directly connect with the Casteel Greenway, purchase a small pavilion, and purchase some picnic tables. The lights will substantially increase the hours of use by already busy pickleball courts. The total amount of the grant will be approximately $85,000. There is no match requirement for the grant, but the costs maybe slightly above $85,000. With the Council approval, the City will submit a Letter of Intent, and if approved by the State, we will submit an official application for consideration. COMMITTEE FINDINGS: None FISCAL ANALYSIS: With approval, the City will gain approximately $85,000 in grant funds. RECOMMENDATION: Staff recommends approving this memo and submit a pre-application to Healthy Built Environments Grant. The City will bring a resolution to the City Council for the official application. p. 54 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -54- MINUTE BOOK 30 • Memo - VA Home MOU. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: September 28, 2020 RE: VA Home MOU SUMMARY: The City has a long standing MOU with state for the VA Home construction. This agreement lays out details of the City’s responsibilities to construct the entrance road into the VA Home among other responsibilities and payments. The State and City staff have agreed that the approximate cost to construct the street is approximately $150,000. We have agreed it would be beneficial to both sides to allow the VA Home contractor to complete the street on their own time frame and design, and the City would not be responsible for any construction. This would save the City in time and labor. COMMITTEE FINDINGS: None FISCAL ANALYSIS: None RECOMMENDATION: Staff recommends to approve the resolution to give a direct payment of $150,000 to the VA Homes for the construction of the entrance street. The City and the STREAM are working out details for the MOU and the approval would allow the state to complete and submit the details of the agreement not to be greater than $150,000. The motion to approve the consent agenda was seconded by Councilman Estes, who also stated he was on the City Fields Board which does not affect his vote. Upon roll call, unanimously passed. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Hughes thanked Urban Forester Dan Hartman and city staff for trimming the trees and bushes along Mouse Creek at Mohawk Drive. It helped tremendously with the visibility and safety. Vice Mayor Johnson thanked staff for the hard work and working with the State on the items listed on the consent agenda. It is important to have so many projects in the works. Councilman Estes stated he has been approached by six or seven people asking if we can do a better job at enforcing the noise ordinance, specifically mowing vehicles in town. Mr. Fivas stated he will discuss with Chief Gibson. p. 55 REGULAR SESSION SEPTEMBER 28, 2020 PAGE -55- MINUTE BOOK 30 NEW BUSINESS AND ORDINANCES Councilman Estes moved to approve a contract date extension with TDOT concerning PIN 116143.00; Georgetown Road at 25th Street to November 30, 2020 to close out some administrative work. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Councilman Estes moved to appeal the administrative process with Acadia Healthcare Company in the putting of a clinic in Cleveland, TN. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Councilman Webb added we need to do everything possible so our citizens can express their concerns about this establishment. ANNOUNCEMENTS Mayor Brooks announced the following: a. City Offices will be closed Monday, October 12 in observance of Columbus Day. The October 12 City Council meeting will be cancelled. b. Cancelling the November 23rd Council meeting due to the Thanksgiving Holiday. There being no future business the meeting was adjourned at 3:52 p.m. _________________________________ __________________________________ Mayor City Clerk