Cleveland City Council

p. 130 REGULAR SESSION JANUARY 25, 2021 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, JANUARY 25, 2021 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 71, 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 Tom Cassada, David May, Jr., Dale Hughes, Ken Webb, and Vice Mayor Avery Johnson. Councilman Bill Estes joined via remotely. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; 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 Vice Mayor 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 January 11, 2021 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 City Manager Joe Fivas stated at the next meeting he will discuss some interesting things that have come up concerning downtown properties like the Summit Building, options with Johnson Park and the Moore Building. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage – To Deny Ordinance 2021-02 – heretofore denied on first reading on January 11, 2021 and found in Minute Book 30, Page 127; amending PUD11 Planned Unit Development located on Georgetown Rd and Villa Dr NW regarding the provisions for billboards (Planning Commission: Denied 8-0; 1 absent). • Final Passage - Zoning Ordinance 2021-03 – heretofore approved on first reading on January 11, 2021 and found in Minute Book 30, Page 129; rezoning .56 acres, more or less, located at 680 Stuart Rd NE (Tax Map 42G Group J Parcel 3.02) from R3 Multi-family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 absent). • Resolution 2021-04 – Authorizing the Mayor to sign contract amendment 4 with TDOT for the Pleasant Grove Church Road project. RESOLUTION 2021-04 WHEREAS, the City has received the attached Amendment #4 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: LIC North Pleasant Grove Church Road Contract Number: 100252 Project Identification Number (PIN): 114573.00 State Project Number: 06LPLM-S3-022 p. 131 REGULAR SESSION JANAURY 25, 2021 PAGE -131- MINUTE BOOK 30 WHEREAS, the City Council desires to enter into the attached Amendment #4 with TDOT, and to further authorize the Mayor to execute this agreement on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached Amendment Number 4 from the Tennessee Department of Transportation for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 25th day of January 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-05 – Authorizing the Mayor to sign change order #2 and #3 with TDOT for the Georgetown Road/25th Street construction in order to close the project. RESOLUTION 2021-05 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 recommending that the City enter into the attached Supplemental Agreement and/or Request for Construction Change Order Request #2: and WHEREAS, in connection with said project, the City's development and engineering department is also recommending that the City enter into the attached Supplemental Agreement and/or Request for Construction Change Order Request #3: 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 attached proposed change orders #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 # 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. p. 132 REGULAR SESSION JANAURY 25, 2021 PAGE -132- MINUTE BOOK 30 This 25th day of January 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-06 – Authorizing the Mayor to sign additional documents with Watchguard for body camera storage. RESOLUTION 2021-06 WHEREAS, by Resolution 2021-03 passed on January 11, 2021, the City Council approved of a new agreement with Watchguard for body camera storage; and WHEREAS, Watchguard just recently provided the Cleveland Police Department with the attached agreements which are part of the new subscription with Watchguard; and WHEREAS, City staff are requesting that the City Council approve of the additional attached agreements between the City and Watchguard; and WHEREAS, the City Council now desires to accept the attached agreements with Watchguard, 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 agreements with Watchguard and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 25th day of January 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-07 – Declaring a vacancy on the City Council. RESOLUTION 2021-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, DECLARING A VACANCY ON THE CITY COUNCIL DUE TO THE DEATH OF CITY COUNCIL MEMBER CHARLIE MCKENZIE WHEREAS, Charlie McKenzie faithfully served the City of Cleveland as City Council member for Councilmanic District 1 until his death on January 9, 2021; and WHEREAS, Article IV Section 7 of the City charter provides that a vacancy shall exist whenever a council member dies; and WHEREAS, Article IV Section 7 of the City Charter provides that a vacancy of the City Council must be declared by Resolution; and p. 133 REGULAR SESSION JANAURY 25, 2021 PAGE -133- MINUTE BOOK 30 WHEREAS, Article IV, Section 7 of the City Charter requires that a vacancy be declared by Resolution prior to the vacant position being filled; and WHEREAS, the City Council desires to pass this Resolution in order to comply with this requirement of the City Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council hereby declares a vacancy on the City Council for councilmanic district 1 due to the death of Charlie McKenzie. This 25th day of January 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-08 – Approving a Fleet Vehicle Maintenance Agreement with Cleveland Housing Authority for maintenance of their vehicles. RESOLUTION 2021-08 WHEREAS, the City of Cleveland and Cleveland Housing Authority have agreed to enter into a contract relating to the maintenance of Cleveland Housing Authority (CHA) vehicles; and WHEREAS, the City Council of the City of Cleveland desires to approve the same. NOW, THEREFORE, BE IT RESOLVED that the Mayor be, and hereby is, authorized to execute the attached Agreement on behalf of the City of Cleveland. THIS AGREEMENT made and entered into on this 25th day of January 2021, by and between the CITY OF CLEVELAND and CLEVELAND HOUSING AUTHORITY WITNESSETH THAT: WHEREAS, both parties desire to enter into a contract for vehicle maintenance and/or fuel purchases; and WHEREAS, both parties have agreed to the shop rate per shop hour, markup on parts and markup on fuel as approved by City Council; and WHEREAS, it is agreed the fleet manager shall schedule and set priority for said scheduling of the CHA vehicles for maintenance. This contract may be canceled by either party at any time. The contract shall exist until canceled by either party in writing. The terms and conditions can be changed with the mutual consent of both parties. There shall be a monthly billing for services with net charges to be paid within thirty (30) days of receipt. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on this ______ day of __________ 20021. p. 134 REGULAR SESSION JANAURY 25, 2021 PAGE -134- MINUTE BOOK 30 APPROVED AS TO FORM: CITY OF CLEVELAND _____________________________ By:_______________________________ John F. Kimball, City Attorney Kevin Brooks, Mayor _____________________________ CLEVELAND HOUSING AUTHORITY Shawn McKay, City Clerk By:_______________________________ Executive Director • Bid Report – 17th/20th Street Sidewalk Project. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: January 25, 2021 RE: Bid Summary – 17th & 20th Street Sidewalk Project SUMMARY: Sealed bids were received on January 14, 2021, for the 17th & 20th Street Sidewalk project. One bid was received and is listed below: • Wilson Construction $3,672,961.17______ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: This is an MPO funded project. RECOMMENDATION: Staff recommends award to Wilson Construction contingent on TDOT approval. • Appointment – Building Board of Adjustment & Appeals – Keith Davis to fill the unexpired term of Dennis Norman until January 2023. The motion to approve the consent agenda was seconded by Councilman Webb; and upon roll call, the consent agenda unanimously passed. UNFINISHED BUSINESS Vice Mayor Johnson moved to fill the District 1 vacancy by application process. Applications are due by February 4 at 12:00 noon to City Hall. Interviews will be conducted prior to the 3:00 p.m. Regular Session on February 8, 2021 and the times for each interview will be set once the number of applications is received. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Councilman Webb moved to recognize City Manager Joe Fivas, Mayor Brooks and all staff for the work done compiling the Build our Future Initiative Work Plan, approve the framework of it and ask staff to continue gathering details regarding the projects and report back when the implementation of the projects can begin. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 135 REGULAR SESSION JANAURY 25, 2021 PAGE -135- MINUTE BOOK 30 Councilman Hughes moved that a Resolution be prepared for the next meeting changing Section 7 of the Cleveland Charter concerning Council Vacancies and extending the timeframe to fill the vacancy from thirty days to sixty days of its occurrence. The motion was seconded by Councilman May; and upon roll call, unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May inquired about the burnt building on Worth Street the old Griffith Cycles Building and if we are closer to knowing what is going to happen to the building. Mr. Fivas responded he understands the property is being sold and the new owners want to work with the City in demolish the building. Councilman May stated, secondly the demolished houses on Elm Drive, we have to brag on Director Tommy Myers and Public Works, they have done an amazing job for the City. Councilman Webb asked if we are still partnering with Bradley County on litter pickup. Mr. Fivas stated we know who to call with issues. Councilman Webb stated he would provide a list of addresses that need some cleaning up before springtime. Secondly, he was asked if the City, in conjunction with some of the Churches, had any thoughts about a memorial or memorial recognition for our residents who have lost their lives to Covid. Possibly a small flag memorial for a thirty or forty-five day period. Mayor Brooks felt it would receive great interest from the Community. Vice Mayor Johnson stated he received a call from Ms. Faye Holmes concerning the movement of the summit residents and concerns about the second exit at the new facility off Smith Drive. He asked that Mr. Fivas give her a call just to update her on the exits and any other concerns she has. Councilman Hughes stated he has been at the new facility numerous times and Ms. Jan Jenkins has taken him through the facility and it is a great addition to our City and for the residents. They do have two exits, one for EMS and SETHRA buses. Mr. Fivas stated one comment has come through on the live feed concerning the City’s involvement with the Covid vaccine rollout. Mayor Brooks stated the City’s roll with the vaccine distribution is very limited. It is a County Health Department initiative driven by the Bradley County Health Department that reports to the State Department of Health. County Mayor Davis has been posting updates and there are additional vaccines in Bradley County that those on the list are getting phone calls. He concurs with many citizens that it is taking much longer than anticipated. In his opinion, he feels we should vaccinate all day, every day until everyone who needs a vaccine is vaccinated. Mayor Brooks stated he has received a call and photos concerning illegal dumping of tires along Stone Lake Road in the Spring Branch Industrial Park. He asked Mr. Fivas to please follow-up. Also, correspondence has been received about construction recently completed at First Street Square, including paving of a small area, emails and photos that were also forwarded to Mr. Fivas. Lastly, questions have been received concerning the Paul Huff area near the new Taco Bell and the gravel area behind the Chick Fil-A, will it remain gravel or is it intended to be paved. He thanked staff for following up on these questions. NEW BUSINESS AND ORDINANCES The following memo was then presented in full: TO: Mayor and City Council FROM: Joe Fivas, City Manager David Sheely, Transportation Engineer DATE: January 25, 2021 RE: Signalization Infrastructure Improvements to Paul Huff @ Mouse Creek Road p. 136 REGULAR SESSION JANAURY 25, 2021 PAGE -136- MINUTE BOOK 30 SUMMARY: With the planned improvements to this intersection, staff calculated cost estimates for the signalization improvements needed. The proposed work would include 4 mast- arm poles (see Drawing) with foundations, radar detection or video detection, relocation cabinet, new signal heads and wiring, bore costs with conduit, and the associated labor with these items. The estimate does not include pedestrian signals but will prep the intersection with conduit for future use. Several items will transfer including the ATC controller, communication equipment, and GPS preemption. Any items that can be salvaged from existing equipment will cause a credit to be applied when this work order closes. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: The investment account will increase monthly by approximately $1,000. This is based on a $185,000 estimate for all the work listed above performed by Cleveland Utilities forces. Material costs: Mast-arm poles including the foundation rebar, concrete for 36” x 20’ holes, and wood forms. $41,900 TS2-Type 2 traffic cabinet. $7,400 Signal Heads and disconnects. $8,773 Radar detection including all sensors, wiring, and cabinet interface unit. $42,437.50 (Video detection will be less) Signal head wire and conduit $2,400 Labor, overheads, transportation, and boring. $82,328.40 Total Estimate Cost: $185,238.90 RECOMMENDATION: City staff recommends to approve up to $185,238.90 for the Cleveland Utilities estimate for replacement of the signals at Mouse Creek Drive and Paul Huff Parkway. This would include replacing the electrical box and moving the location. The City will work with Cleveland Utilities to determine if buying the equipment wholesale or putting it on the investment charge will be the best option for CU and City. This approval will allow CU to order the mast arms which can have a long fabrication time and design. Councilman May moved to approve the memo concerning the Signalization Infrastructure Improvement to Paul Huff @ Mouse Creek Road. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the U-Haul Corporation has rated Tennessee as the number one state in the U.S. for incoming rental truck business, which means more people are using U-Haul to move to Tennessee than any other state. Also, the next City Council meeting will be held on Monday, February 8, 2021, which will be electronic. There being no future business the meeting was adjourned at 3:35 p.m. _________________________________ __________________________________ Mayor City Clerk