Cleveland City Council

p. 64 REGULAR SESSION NOVEMBER 9, 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, NOVEMBER 9, 2020 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 65, 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 (remote), Tom Cassada, David May, Jr., Dale Hughes, Ken Webb, 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 and Kris Miller, IT Director. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Dale Hughes, 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 October 26, 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 Councilman Hughes asked for a proclamation be prepared for the next meeting to recognized and honor Drs. Ken and Brian Beard and his staff for their yearly Veterans Day Free Dental Day. This is an event they have been doing this for approximately eight years. CITY MANAGER REPORT AND AGENDA REVIEW City Manager Joe Fivas stated Wednesday, November 18 at 11:00 a.m. will be the ribbon cutting for Taylor Springs Park and everyone is encouraged to attend. He then stated he has provided a memo for the Council to consider allowing Gary Davis to change the name of Waterville Golf Course. Next, at a previous meeting the Council discussed the certificate of need for a treatment center here in Cleveland and essentially filed a declaratory judgement with the certificate of needs committee in Nashville. They had the obligation to provide notice to the Mayor through the process, which would’ve allowed public input. As expected, the agency denied our petition for declaratory judgement. Today the Council can discuss further about filing judgement in Chancery Court, in Davidson County and hopefully reach a decision today due to the timeline. Mr. Fivas then reviewed today’s agenda. 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 property owner to rezone 3.56 acres located at 450 Walker St NE (Tax Map 049M Group N Parcel 2.00) from UC University Campus Zoning District and IH Heavy Industrial Zoning District to CBD Central Business District (Planning Commission: Approved 8-0; 1 member absent). Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is also being held as a public hearing to hear public comments concerning an amendment to section 4.E of PUD4 Planned Unit Development regarding the design requirements for Spring Creek Highlands (Planning Commission: Approved p. 65 REGULAR SESSION NOVEMBER 9, 2020 PAGE -65- MINUTE BOOK 30 8-0; 1 member absent). Mr. Fivas stated the ordinance will be amended on final reading that will protect any existing trees over 8” by the creek and it will also help with additional buffering in the area. The Planning Commission held a community meeting in September with the development team, engineers, staff and residents. The number of single-family homes were increased and decreased the number of attached housing. Overall, the PUD was under the allowable units and the Planning Commission recommended approval. Mayor Brooks asked if anyone would like to speak in favor of the approval of the amendment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the amendment. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Resolution No: 2020-85 – Authorizing the Mayor to sign change orders 1, 2 and 3 with TDOT (B&W Contractors) for the Georgetown Road @ 25th Street project. RESOLUTION NO. 2020-85 WHEREAS, the City previously entered a contract with B&W Contractors, Inc. dba Cherokee Construction Company for following project (hereafter referred to as "the Project"); and PROJECT TITLE: S.R. 60 (25th Street NW) intersection at Georgetown Road/ Westside Drive PIN NUMBER: 116143 STATE PROJECT NUMBER: 06LPM-F1-030 FEDERAL PROJECT NUMBER: STP-M-60 (23) CONTACT NUMBER: 110328 WHEREAS, in connection with said project, the City's development and engineering department is now recommending that the City enter into the attached change orders #1, #2, and #3 to the existing agreement with Cherokee Construction Company; and WHEREAS, the change orders have been approved by the Tennessee Department of Transportation (TDOT); and WHEREAS, the attached change orders are further described in the agenda item memoranda which are attached hereto; and WHEREAS, the City Council now desires to accept the proposed change orders #1, #2 and #3 to the agreement with Cherokee Construction 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 change orders #1, # 2 and #3 to the existing agreement with Cherokee Construction for the referenced project described herein, and it further authorizes the Mayor to execute the change orders on behalf of the City of Cleveland. This 9th day of November, 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 66 REGULAR SESSION NOVEMBER 9, 2020 PAGE -66- MINUTE BOOK 30 • Resolution No: 2020-86 - Authorizing the Mayor to sign an application for the Local Parks and Recreation Fund Grant for the Candies Creek Park. RESOLUTION NO: 2020-86 A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR LOCAL PARKS AND RECREATION FUNDS (LPRF) FOR CANDIES CREEK PARK WHEREAS, the City is eligible to apply for a Local Parks and Recreation Fund grant through the Tennessee Department of Environment and Conservation; and, WHEREAS, the City Council of the City of Cleveland, Tennessee desires to expand the Greenway to the future Candies Creek Park; and, WHEREAS, the grant funds would assist the City in constructing a Trail Head for the Greenway, a playground for residents, a pavilion and restrooms for the Greenway and playground. NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor be and hereby is authorized to submit an application and all forms necessary for applying for the above referenced grant in an amount not to exceed $500,000. The City agrees to provide an equal amount of matching funds in order to fulfill the grant requirements. If said grant is approved, the Mayor is hereby authorized to accept (on behalf of the City of Cleveland) said grant and the Mayor is hereby designated as Cleveland’s representative to act in connection with the application and to provide additional information as may be required. Adopted this 9th day of November, 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Surplus Property – Declaring four vehicles from Public Works as surplus and be sold on GovDeals and a flail mower for Landscaping as surplus property to be scrapped. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: November 9, 2020 RE: Surplus Property SUMMARY: Fleet Management has requested the City Council declare the assets listed below as surplus property. The following Public Works’ vehicles will be sold on GovDeals: • 2000 Ford F550 VIN 1FDAW56P34EE07044 • 1995 Chevrolet C3500 VIN 1GBJC34K9SE243504 • 1998 Chevrolet C1500 VIN 1GTEC14M6WZ541493 • 2000 Navistar 4700 VIN 1HTSCABNXYH285806 p. 67 REGULAR SESSION NOVEMBER 9, 2020 PAGE -67- MINUTE BOOK 30 The following Landscape Maintenance equipment will be scrapped: • SICMA Model SLE190 Flail Mower Serial # 4117507001 COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: City staff recommends approval of this item. • RFP – Banking Services TO: Mayor and City Council FROM: Shawn McKay, Assistant City Manager/CFO DATE: November 9, 2020 RE: RFP – Banking Services SUMMARY: The city’s current agreement for banking services began July 2013 and will expire December 31st. The comptroller’s office recommends a review of banking services every four years. Staff invited all banking institutions in the city to submit Requests for Proposals (RFPs). Representatives from Bank of Cleveland, Pinnacle and Regions attended a pre-bid meeting on October 15th to address any questions they had. The city received one proposal from Pinnacle Bank for a three-year term with three one-year renewal options. Pinnacle currently provides banking services for Cleveland Utilities as well as the Bradley County Trustee. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: Pinnacle proposes to pay the City the high end of the Federal Funds range minus 15 basis points (bps), with 15 bps being the floor. RECOMMENDATION: City staff recommends acceptance of the Pinnacle’s proposal. • RFP – Classification and Compensation Study TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: November 9, 2020 RE: Classification and Compensation Study RFP SUMMARY: The City received proposals for Classification and Compensation Study services on October 26, 2020. Proposals were received from the following: • McGrath Consulting • The Archer Company • Management Advisory Group p. 68 REGULAR SESSION NOVEMBER 9, 2020 PAGE -68- MINUTE BOOK 30 • Evergreen Solutions • MGT • Baker Tilley COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff reviewed and evaluated the proposals. Recommendation is to award the contract to Management Advisory Group. • Street Light Recommendation – 455 8th Street NW (Cleveland Utilities recommends no additional lighting; meet’s city’s guidelines. Possible upgrade to two existing fixtures to a 40-watt LED fixtures at a cost of $146.70 each. • Street Light Recommendation – 1653 Aurora Avenue SE (Cleveland Utilities recommends no additional lighting; meet’s city’s guidelines. Possible upgrade to one fixture at the intersection of 18th Street SE and Aurora Ave SE to a 40-watt LED fixture at a cost of $146.70. • Motion - Declaring the service weapon of Officer Steve West as surplus property effective upon the date of his retirement this November and hereby given to him as a token of the City’s appreciation for his years of dedicated service to the City of Cleveland’s Police Department. • Motion - Declaring the service weapon of Officer Tracy Maxfield as surplus property effective upon the date of his retirement and hereby given to him as a token of the City’s appreciation for his years of dedicated service to the City of Cleveland’s Police Department. The motion to approve the consent agenda was seconded by Councilman Cassada; and upon roll call, the consent agenda unanimously passed. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Johnson stated he has received a complaint concerning a car dealership at the corner of Inman and Short Street just past the car wash on Inman Street. Cars are parked so close to the street they are creating a site distance concern. Mr. Fivas replied he will have staff review the area, particularly to make sure they are not in the right-of-way. Vice Mayor Johnson continued he also received a call from Ms. Couch concerning dogs running at large in her neighborhood. A majority of them do not have collars and have become a nuisance. Mr. Fivas stated he will visit the area that has had long standing issues. Mayor Brooks added he had received a call concerning packs of dogs as well in the Blueberry Hills area. The caller identified these as animals that have been picked up and released more than once by Animal Control. Mayor Brooks then suggested a possible amendment. Mr. Fivas replied the Cleveland Police Department is currently reviewing the animal control ordinances and will take quick and decisive action to keep people safe. It is unclear if these packs are unsafe, but we are currently looking at our code to see if amendments could be needed. Councilman McKenzie stated he was glad to see the dirt mound gone from in front of Candy’s Creek Elementary School but the area near the roadway needs to be mowed. Mayor p. 69 REGULAR SESSION NOVEMBER 9, 2020 PAGE -69- MINUTE BOOK 30 Brooks stated he believes that is private property, but we will make sure it is taken care of either way. Councilman Cassada thanked staff for their work on the LPRF grant application for the Candies Creek Park. Citizens of the Third District appreciates the work for the much-needed park. He then asked about paving on Candies Lane. Mr. Fivas replied we are waiting on a pole relocation then we will install the turn lanes at Inverness and Legacy Drive. Shortly after that paving will begin and hopefully by March it will be completed. We are also looking at options to slow traffic down in the area as well. Councilman Cassada continued that he received a couple of calls concerning turning right off of Rolling Hills onto Candies Lane, where the curve is tight, and you have to go into the other lane to turn. He then asked staff to review the roadway. Also, rumble strips have been brought up before and possibly they could be used to slow traffic down in the area. Mr. Fivas stated he will gather additional information on rumble strips. Lastly, Councilman Cassada inquired if the Christmas Parade will continue or will it be cancelled due to COVID. Mayor Brooks stated yes, he understands Mainstreet Cleveland Parade will occur. Councilman May asked about the bidding of 17th and 20th Sidewalk project. Mr. Fivas stated bids documents are out and bids should be received next week and if everything goes well we will be approving the bid in December. Councilman Webb thanked Dan Hartman and his crew for the landscaping at the Welcome to Cleveland sign. Also, he noticed the other night that the new lights were not working. Lastly, he has received additional calls concerning Nancy Drive and Rebecca Drive off Blue Springs Road related to some stormwater issues. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Zoning Ordinance No: 2020-33 - Rezoning 3.56 acres located at 450 Walker St NE (Tax Map 049M Group N Parcel 2.00) from UC University Campus Zoning District and IH Heavy Industrial Zoning District to CBD Central Business District (Planning Commission: Approved 8-0; 1 member absent). Zoning Ordinance No. 2020-33 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 UC University Campus Zoning District and IH Heavy Industrial Zoning District to CBD Central Business District. Approximately 3.56 acres, more or less, located at 49M Group N Parcel 2.00 as shown on the attached map. 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 p. 70 REGULAR SESSION NOVEMBER 9, 2020 PAGE -70- MINUTE BOOK 30 Exhibit A Vice Mayor Johnson moved that Zoning Ordinance No: 2020-33 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2020-34 - Amending section 4.E of PUD4 Planned Unit Development regarding the design requirements for Spring Creek Highlands (Planning Commission: Approved 8-0; 1 member absent). ORDINANCE NO: 2020-34 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO AMEND THE PUD 4 ZONING DISTRICT AS DESCRIBED BY ORDINANCE 2007-21 BY AMENDING THE REQUIREMENTS OF THE BUILDING SETBACKS AND BUFFERS OF SPRING CREEK HIGHLANDS AS OUTLINED IN SECTION 4.E. WHEREAS the City of Cleveland, Tennessee, hereinafter "City", desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter "PUD", process as an alternative development standard whereby to accomplish such development; and WHEREAS the City zoned certain property as PUD4 by Ordinance 2007-21 which ordinance contains the general project descriptions of the PUD4 standards for Spring Creek including Spring Creek Highlands; and WHEREAS, at its meeting on October 20, 2020 the Cleveland Municipal Planning Commission recommended changes to PUD 4 sought by the current owner(s) in order to adjust the layout, and the City Council desires to approve those changes. NOW THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, IN REGULAR SESSION ASSEMBLED. Section 1. Subsection 4.E of Ordinance Number 2007-21, which establishes an overall description of Spring Creek Highlands, is hereby replaced with the following language: p. 71 REGULAR SESSION NOVEMBER 9, 2020 PAGE -71- MINUTE BOOK 30 4.E. SPRING CREEK HIGHLANDS Spring Creek Highlands is the smaller of the two residential areas and it is located in the northwestern portion of the property. It is accessed by a single cul-de-sac, Cross Creek Court, which borders the aforementioned common greenspace on the east side of the street and terminates in a large wooded area in the northwest corner of the property. As one enters Cross Creek Court from the round-about, the first residential development to be encountered will be a cluster of cottages or attached units to the left behind the proposed food store site in Spring Creek Village. A small park, Overbrook Park, will be in the corner of this residential cluster. Further along Cross Creek Court to its terminus, lots with attached and detached housing along both sides of the street. A wooded buffer will separate Spring Creek Highlands from the adjacent Sullivan Estates. The exhibit shown in this ordinance shall be included as a part of the development order for Spring Creek Highlands. Section 2: This Ordinance shall take effect 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 Councilman Hughes moved that Ordinance No: 2020-34 be approved on first reading including the tree preservation amendment. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following memo was then presented in full: TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: November 9, 2020 RE: Waterville Golf Course Name Change p. 72 REGULAR SESSION NOVEMBER 9, 2020 PAGE -72- MINUTE BOOK 30 SUMMARY: The City has a lease with Gary Davis to operate and manage the Waterville Golf Course. Mr. Davis has made great progress in upgrading the golf course, including new tee boxes, greens, and upfits in the club house. This name change will allow him to begin advertising and showing a new beginning at the golf course. Mr. Davis is requesting to change the name of Waterville Golf Course to another name before he prints his scorecards and other issues. Mr. Davis is considering a number of new names. COMMITTEE FINDINGS: None FISCAL ANALYSIS: None RECOMMENDATION: City staff recommends that Gary Davis may change the name of Waterville Golf Course one time. The name needs to be approved by the Parks & Recreation Director and the City Attorney to make sure it is not offensive to any population or causes any negative reaction from the public, and the City Council may change the name at any time. Vice Mayor Johnson moved to approve the memo and allowing Mr. Davis to change the name of Waterville Golf Course. The motion as seconded by Councilman Cassada; and upon roll call, unanimously passed. Councilman May moved to proceed with filing a petition with Chancery Court in Davidson County, concerning the certificate of need for the drug treatment center to show opposition that proper notice was not received by the City so the residents could not participate in a public hearing to voice opposition and file an appeal. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. 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). • The Mainstreet Cleveland Christmas Parade will be held on Saturday, December 5 at 6 p.m. b. The next City Council meeting will be held on Monday, December 14. There being no future business the meeting was adjourned at 3:56 p.m. _________________________________ __________________________________ Mayor City Clerk