Cleveland City Council

p. 56 REGULAR SESSION OCTOBER 26, 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, OCTOBER 26, 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, Ken Webb (remote), and Vice Mayor Avery Johnson. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Beverley Lindsey, Assistant to the City Manager; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner; City Attorney John Kimball; Police Chief Mark Gibson; Coty Smith, IT Computer Tech. Following the Pledge of Allegiance to the American Flag 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 September 28, 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 bonds have been refinanced with a fixed rate of 1.39%, which has saved over $3.2 million. Over the last eighteen months, we have saved approximately $9.5 million in refunding and moved our fixed debt to approximately 94%. He appreciates all that Shawn McKay and the Davenport Group have done. They deserve a lot of the credit. Secondly, TDOT has reached out to continued conversation for a long-term fix at the Ocoee/25th Street intersection. Also, we have reviewed the city school capital needs plan with Dr. Dyer and Mr. Taylor and had positive conversations. They will be presenting it to the School Board later this month. Lastly, we are working on a potential name change for Vista Drive. We are working with the owner of the one property to obtain consent in writing. We anticipate something on our next agenda. Councilman Hughes stated he thought the building in questions was a leased building. Mr. Fivas stated yes, the owner has agreed we just need a signed document. The company that was leasing the building may have gone out of business, but we are doing our due diligence in case they decide to reopen. 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: • Resolution No: 2020-79 – Authorizing an application for the Public Entity Partners Property Conservation matching grant program. RESOLUTION NO: 2020-79 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE PUBLIC ENTITY PARTNERS “PROPERTY CONSERVATION" MATCHING GRANT PROGRAM p. 57 REGULAR SESSION OCTOBER 26, 2020 PAGE -57- MINUTE BOOK 30 WHEREAS, the citizens of the City of Cleveland have entrusted this administration with the care and custody of city-owned property; and WHEREAS, all efforts shall be made to protect city-owned property from various perils that may arise for the City of Cleveland; and WHEREAS, Public Entity Partners seek to encourage members with property coverage to develop and implement a property conservation program by offering the Property Conservation Matching Grant Program; and WHEREAS, the City of Cleveland desires to participate in this important program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, THAT: The City of Cleveland is hereby authorized to submit an application for Property Conservation Matching Grant Program through the Loss Control Department of Public Entity Partners. The City agrees that if the award is obtained, matching sum for any moneys provided by this grant will be provided. Adopted this 26th day of October, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-80 – Accepting Blake Stone Drive (beginning 100 feet south of Stone Creek Trail and then south approximately 1135 feet to the southern end of cul de sac) and Suzanna’s Cove (approximately 160 feet in length) in the Stone Creek Subdivision Phase 4 as City streets. RESOLUTION NO: 2020-80 WHEREAS, Stone Creek Subdivision, Phase 4 is a development located in the City of Cleveland; and WHEREAS, Stone Creek Subdivision, Phase 4 is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 14; and WHEREAS, Blake Stone Drive is a street located within this development and is depicted on this Plat; and WHEREAS, Suzanna’s Cove is also a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Blake Stone Drive beginning 100 feet south of Stone Creek Trail and then continuing south approximately 1135 feet to the southern end of the cul de sac as a City street; and WHEREAS, the developer has also requested that the City accept Suzanna’s Cove (approximately 160 feet in length) as a City street; and p. 58 REGULAR SESSION OCTOBER 26, 2020 PAGE -58- MINUTE BOOK 30 WHEREAS, the City's engineering staff has inspected Blake Stone Drive beginning 100 feet south of Stone Creek Trail and then continuing south approximately 1135 feet to the southern end of the cul de sac and is now recommending that the City accept this area as a City street; and WHEREAS, the City's engineering staff has also inspected Suzanna’s Cove (approximately 160 feet in length) and is now recommending that the City also accept this area 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 Blake Stone Drive beginning 100 feet south of Stone Creek Trail and then continuing south approximately 1135 feet to the southern end of the cul de sac 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 Suzanna’s Cove (approximately 160 feet in length) as a City street. This 26th day of October 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-81 – Accepting Serenity Drive (approximately 950 feet in length) and Harmony Court (approximately 870 feet in length) in the Enclave at Weeks Drive cluster development as City streets. RESOLUTION NO: 2020-81 WHEREAS, Enclave at Weeks Drive is a cluster development located in the City of Cleveland; and WHEREAS, Enclave at Weeks Drive is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 39; and WHEREAS, Serenity Drive is a street located within this development and is depicted on this Plat; and WHEREAS, Harmony Court is also a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Serenity Drive (approximately 950 feet in length) as a City street; and WHEREAS, the developer has also requested that the City accept Harmony Court (approximately 870 feet in length) as a City street; and WHEREAS, the City's engineering staff has inspected Serenity Drive is now recommending that the City accept this area as a City street; and WHEREAS, the City's engineering staff has also inspected Harmony Court and is now recommending that the City also accept this area as a City street. p. 59 REGULAR SESSION OCTOBER 26, 2020 PAGE -59- MINUTE BOOK 30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Serenity Drive (approximately 950 feet in length) 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 Harmony Court (approximately 870 feet in length) as a City street. This 26th day of October 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-82 – Approval of Addendum 1 to the contract with Southeast Tennessee Development District to include additional functions to implement the CDBG Forgivable Loan. RESOLUTION NO: 2020-82 WHEREAS, by Resolution 2020-40 passed on June 8, 2020, the City Council approved an agreement with Southeast Tennessee Development District to perform 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, the agreement is attached hereto and incorporated herein by reference; and WHEREAS, the City’s redevelopment coordinator has determined that it is necessary to amend the agreement as shown be the proposed addendum to the agreement which is also attached hereto and incorporated herein by reference; and WHEREAS, the City Council now desires to approve of the attached addendum to the 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. 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 addendum to the existing 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. This 26th day of October 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-83 – Donating property located at 13th Street and Blythe Avenue and approving the contract with City Fields to accept the donation and to construct affordable single-family housing. p. 60 REGULAR SESSION OCTOBER 26, 2020 PAGE -60- MINUTE BOOK 30 RESOLUTION NO: 2020-83 WHEREAS, the City of Cleveland is the current owner of a vacant parcel of land located within the City, which parcel is located at the corner of 13th Street and Blythe Avenue SE and is generally identified as Tax Map 057L-B-001.00; and WHEREAS, this parcel was donated to the City of Cleveland by deed recorded on or about June 10, 2019 in Book 2615, Page 662, in the Register of Deeds office of Bradley County; and WHEREAS, the parcel is located within the City’s CDBG target area; and WHEREAS, City Fields, Inc. is a not for profit organization involved in revitalization activities within the Blythe Oldfield community and the CDBG target area; and WHEREAS, City Fields, Inc. has access to funds which will allow City Fields, Inc. to make the necessary improvements to the parcel and to construct a home on the parcel 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. by constructing a home and then making it 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 26th day of October, 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-84 – Approval of fee acquisition and temporary construction easements for State Project 06009-2218-14 Tract 169 at Candy’s Creek Cherokee Elementary School and Tract 22 at Cleveland Middle School. p. 61 REGULAR SESSION OCTOBER 26, 2020 PAGE -61- MINUTE BOOK 30 RESOLUTION NO. 2020-84 WHEREAS, the State of Tennessee, Department of Transportation, (hereafter “TDOT”) is proceeding with the Highway 60 project as described below; and WHEREAS, this project is described as follows; and State Project Number:06009-2218-14 Federal Project Number:NH-60(13) County: Bradley WHEREAS, in conjunction with said project, TDOT must acquire some right of way across two parcels of land owned by the City of Cleveland which are parcels where Cleveland Middle School and Candy’s Creek Cherokee Elementary School; and WHEREAS, TDOT has presented the City and the School Board with various options for the acquisition of the necessary right of way; and WHEREAS, the City Manager has discussed the options for Tract 22 (Cleveland Middle School) with the Director of Schools, and after discussion with the Director of Schools, the City Manager is recommending that the City Council accept and approve of option 1 for Tract 22 (Cleveland Middle School) as outlined in the attached agenda item memorandum; and WHEREAS, the purpose of this Resolution is to accept the recommendations and proposed actions contained within the agenda item memorandum, and to authorize the Mayor to execute the attached TDOT agreements, including option 1 for Tract 22 (Cleveland Middle School) the project described herein. 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 accept the recommendation and approve of the actions described in the attached agenda item memorandum, including the acceptance of option 1 for Tract 22 (Cleveland Middle School) and the corresponding offers on both Tracts from TDOT for the right of way acquisition, and it further authorizes the Mayor to execute all the documents as may be necessary or appropriate to accept the offers on behalf of the City of Cleveland. This 26th day of October 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Motion – Authorizing the Mayor to sign a special construction agreement with AT&T for pole relocation related to the Candies Lane Stormwater Project. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: October 22, 2020 RE: AT&T Equipment Removal SUMMARY: In conjunction with the Candies Lane Stormwater Project, the City has working to move the pole in front of Inverness Drive. The cost for AT&T to move the pole from 5 to 10 feet is $16,284.10. City staff also want the authority from the City Council to move the pole back up to 25 feet away from the street if it is p. 62 REGULAR SESSION OCTOBER 26, 2020 PAGE -62- MINUTE BOOK 30 necessary to complete the appropriate scope of work, Due to this potentially including having to splice fiber this cost could be between $50,000 and $60,000. This information will be determined with further discussion of the scope with CU and AT&T. COMMITTEE FINDINGS: None FISCAL ANALYSIS: None RECOMMENDATION: City staff’s recommendation is to approve the approval of this agreement for pole removal from AT&T. With the approval, City staff will move forward with the project to meet the necessary needs for the project from either 5 to 10 feet or 25 feet. The motion to approve the consent agenda was seconded by Vice Mayor Johnson. Councilman Estes stated he was on the City Fields Board which does not affect his vote. Upon roll call, the consent agenda unanimously passed. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Brooks announced he is reappointing Sherronda Thompson to the Cleveland Housing Authority for an additional 5-year term to expire November, 2025. He continued to thank Cleveland Utilities for the recently approved lighting upgrades in the Mouse Creek area. It is a significate improvement. Also, he thanked them for the lighting at the Welcome to Cleveland sign at Exit 25. Councilman Webb thanked everyone for the bond refinancing. It is an incredible achievement. Vice Mayor Johnson recognized King’s Furniture on Inman Street for the work they have done painting the outside of the building. It really looks good and he has received a lot of compliments and a letter should be sent thanking them for their work. He continued to inquire about the number of liquor stores in Cleveland. City Attorney John Kimball stated ten certificates were approved and staff anticipates nine stores will open, as they have all applied with the State and have received their conditional license. Council approved ten certificates on the initial round and once the number drops below five no more certificates can be issued. Councilman Hughes asked how many were open at this point. Mr. Fivas replied 7. Mr. McKay stated Eagle Liquor and Georgetown Liquor have not opened yet but all others have been licensed. Councilman McKenzie stated on 15th St NW there is a house with a possible rooming house violation. He then asked staff to review the traffic that will be exiting the liquor store on Georgetown Road in the curve and the potential wrecks that could occur. Councilman Estes thanked staff for the monthly reports. He then reminded Chief Gibson to block of Harle Avenue from Willow to 14th Street, when Centenary is blocked off for the Halloween trick or treaters. Also, thanks to staff for the response on the noise ordinance. Councilman Cassada thanked Chief Gibson and the Cleveland Police Department for their quick response to an incident in Mountain Pointe Subdivision. He then congratulated Cleveland High Blue Raiders for their win against William Blount 45-0 and are now in the playoffs. p. 63 REGULAR SESSION OCTOBER 26, 2020 PAGE -63- MINUTE BOOK 30 Councilman Hughes stated he understood landscaping is in the works to be installed at the Exit 25 Welcome to Cleveland sign, now that the lighting has been installed. He then inquired about the timeline for the additional lanes on Mouse Creek Road [at Paul Huff Parkway]. Mr. Fivas responded the turn lanes are being cut and we are actively working on getting things mobilized, so over the next two weeks you should see a significant amount of work happening by our crews. Councilman Hughes continued he had received a call concerning construction noise in Quail Ridge on Sunday morning before 7 a.m. He then asked if a policy was in place for such. Mr. Fivas stated we do have an ordinance to address construction noise and staff will send the ordinance to you. Mayor Brooks asked Mr. Fivas to comment on the reimagined Block Party to the Downtown Trick or Treat Stroll. Mr. Fivas stated this is a Mainstreet Cleveland event. It will be Friday and Saturday. Mars Wrigley will be providing candy to downtown merchants to distribute. Mayor Brooks then congratulated Cleveland Middle School Principal Dr. Leneda Laing who was awarded Principal of the Year by the State of Tennessee. Councilman Hughes stated over the weekend was the Isaiah 117 House Golf Tournament with twenty-two teams participating. Councilman Cassada and his daughter were one of the teams that played. He congratulated them on a job well done. NEW BUSINESS AND ORDINANCES Councilman Hughes moved to appoint Avery Johnson as Vice Mayor for an additional two-year term. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Vice Mayor Johnson thanked everyone and thinks this is one of the best Council’s we have had. It has not been easy, times when you disagree with someone, they wouldn’t shake your hand and it’s not like that anymore. He has learned throughout the years that you are going to have disagreements, but you have to continue to move forward together to make progress. He appreciates all the support of the Council and the dedication to the community. ANNOUNCEMENTS Mayor Brooks announced the following: a. Holiday Schedule: City offices will be closed as follows: • Wednesday, November 11 in observance of Veterans Day. • Thursday, November 26 and Friday, November 27 due to the Thanksgiving Holiday. (No November 23rd Council meeting due to the Thanksgiving Holiday). • Wednesday, December 23, Thursday, December 24 and Friday, December 25 for the Christmas Holiday. • Thursday, December 31 and Friday, January 1 for the New Year’s Holiday. (Due to the Christmas Holiday Week, the December 28 meeting will be cancelled.) b. The next City Council meeting will be held on Monday, November 9. There being no future business the meeting was adjourned at 3:40 p.m. _________________________________ __________________________________ Mayor City Clerk