Cleveland City Council

p. 203 REGULAR SESSION MARCH 22, 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, MARCH 22, 2021 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 78, 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 Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb, Vice Mayor Avery Johnson and Councilwoman Marsha McKenzie. 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; Beverley Lindsey, Executive Assistant; Sue Zius, Assistant to the Mayor; Cathy Andrews, CDBG Coordinator; City Attorney John Kimball; Dustin Roberts, IT Administrator Theresa Evans with Elxr Wine and Spirits and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, the following business was then entered into: Mayor Brooks asked for a moment of silence for Dr. David Blair, who was the International Director of Youth for the Church of God, passed away with complications due to the Covid. 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 March 8, 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 Auditor Mark Lay with Wedgewood Accounting, PLLC gave his annual report on the FY2020 City Audit. He thanked the City, Library, City School and Cleveland Utilities staff for their assistance and cooperation in obtaining any information that was requested. He encouraged the Council to read the Management Discussion and Analysis and the Statistical section of the audit to have a better understanding of the audit and to see 10-year trends of the finances. He asked the Council to consider plans to begin funding the OPEB liability, which is Other Post-Employment Benefits and relates to the health insurance benefits extended to your retirees. This liability will continue to grow and any resources you can put aside will help reduce the liability. Currently the net liability for the city is $45,362,084. Most governments have not funded their liability but at some point it could affect your bond rating so it is something to consider to fund some amount. [Due to poor audio quality with the sound system and static interference, City Council questions were not audible.] Mr. Lay stated if anyone had any questions concerning the audit to feel free to contact him directly and as always, it is a pleasure to serve as your auditor. Mayor Brooks stated today we are to hear public comments concerning a change in the ownership interest of members for Elxr Wine & Spirits, LLC located at 640 Inman St W. Mayor Brooks asked if anyone would like to make a comment. No one spoke. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments pertaining to an amendment to the FY2020-2021 Annual Action of the Community Development Block Grant (CDBG) to include CARES Act Funding. Mayor Brooks asked if anyone would like to speak in favor of the amendment to the Annual Action Plan. No one spoke. p. 204 REGULAR SESSION MARCH 22, 2021 PAGE -204- MINUTE BOOK 30 Mayor Brooks asked if anyone would like to speak in opposition of the amendment to the Annual Action Plan. No one spoke. Mayor Brooks then declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda. The motion to approve the consent agenda was seconded by Vice Mayor Johnson; and upon roll call, the consent agenda unanimously passed. Councilman Estes thanked Cathy Andrews and Mr. Fivas for taking the time and explaining the CDBG action plan in detail this week. • Final Passage - Zoning Ordinance 2021–07 – heretofore passed on first reading March 8, 2021 and found in Minute Book 30, Page 176; Zoning of about 56.5 acres of a portion of property located on Mouse Creek Rd (Tax Map 27 Parcel 7.01) from the unincorporated county to B Buffer Zoning District (Planning Commission: Approved 6-0; 3 absent). • Final Passage - Zoning Ordinance 2021-08 – heretofore passed on first reading March 8, 2021 and found in Minute Book 30, Page 191; Zoning of about 20.4 acres of a portion of property located on North Lee Highway (Tax Map 34 Parcel 25.00) from the unincorporated county to PUD27 Planned Unit Development Zoning District (Planning Commission: Approved 6-0; 1 recused; 2 absent). • Final Passage - Zoning Ordinance 2021–09 – heretofore passed on first reading March 8, 2021 and found in Minute Book 30, Page 199; Zoning of about 2.9 acres of a portion of property located on North Lee Highway (Tax Map 34 Parcel 25.00) from the unincorporated county to CH Commercial Highway Zoning District (Planning Commission: Approved 6-0; 1 recused; 2 absent). • Resolution 2021-22 – Amending the 2020-2021 Annual Action Plan for the Community Development Block Grant (CDBG) Program to include the second allocation of the CARES Act CDBG Covid Funds. RESOLUTION 2021-22 RESOLUTION FOR APPROVAL OF THE AMENDMENT OF THE 2020-2021 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO INCLUDE THE SECOND ALLOCATION OF THE CARES ACT CDBG COVID FUNDS WHEREAS, the City of Cleveland received a second round of funding through the CARES Act; and WHEREAS, the first round of funding was incorporated into the FY2020-2021 Annual Action Plan; and WHEREAS, HUD requires an Amendment to the FY2020-2021 Annual Action Plan to incorporate the second round of funding; and WHEREAS, CDBG FY 2020-2021 Amendment of the Annual Action Plan was the subject of public hearings on February 16, 2021 that began a comment period that ended on February 23, 2021 and a public hearing for final comments on March 22, 2021. The Plan was made available on March 15, 2020 for review as stated in a publication in the Cleveland Banner. NOW, THEREFORE, BE IT RESOLVED, the Amendment to the FY2020-2021 Action Plan be approved by the City Council, and be it further resolved that City staff are authorized to submit the Amendment of 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 p. 205 REGULAR SESSION MARCH 22, 2021 PAGE -205- MINUTE BOOK 30 agreements, contracts and certifications with HUD that are required to carry out the CDBG program described in the Action Plan. Approved this 22nd day of March 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-23 – Authorizing the Mayor to sign a contract with Southeast Tennessee Development District to conduct an environmental review for the Mosby Park Project. RESOLUTION 2021-23 WHEREAS, the City’s redevelopment coordinator has determined that it is necessary to obtain a contractor to perform certain technical or professional administrative services, specifically NEPA Environmental Review Requirements, for the City of Cleveland’s Mosby Park Rehabilitation and Expansion Project; and WHEREAS, in connection with said project, the City's development and engineering department is recommending that the City enter into the attached agreement with the Southeast Tennessee Development District for these services; and WHEREAS, the City Council now desires to approve of the attached 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 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 22nd day of March 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-24 – Authorizing the Mayor to sign contract amendment 2 for the MPO Consolidated Planning Grant funds for FY2021. RESOLUTION NO. 2021-24 WHEREAS, the City has received the attached MPO grant amendment #2 from the Tennessee Department of Transportation, (hereafter “TDOT”) to consolidate planning grant funds; and WHEREAS, the City Council desires to enter into the attached MPO grant amendment #2 with TDOT, and to further authorize the Mayor to execute this amendment on behalf of the City of Cleveland. p. 206 REGULAR SESSION MARCH 22, 2021 PAGE -206- MINUTE BOOK 30 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 grant amendment #2 with TDOT, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 22nd day of March 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-25 – Authorizing the Mayor to sign a proposal from Studio 323 Architecture and Design related to the Cherokee Hotel Restoration Project. RESOLUTION NO. 2021-25 WHEREAS, the City is proceeding with a project which is generally described as the Cherokee Hotel Restoration; and WHEREAS, in connection with this project, the City has requested and received proposals from architects for design and production of as-built drawings, a written evaluation of salvageable elements, a plan for isolating ground floor utilities, and a plan for temporarily conditioning demoed floors; and WHEREAS, City staff has evaluated the proposals received, and City staff is now recommending that the City accept the attached proposal from Jessica Aubert with Studio 323 Architecture and Design of Cleveland, Tennessee to provide these professional architectural services for the project; and WHEREAS, the City Council desires to accept the attached proposal from Jessica Aubert with Studio 323 Architecture and Design and to authorize the Mayor to execute the proposal 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 accept and approve of the attached proposal from Jessica Aubert with Studio 323 Architecture and Design for the professional services described in the proposal. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the attached proposal from Jessica Aubert with Studio 323 Architecture and Design on behalf of the City. This 22nd day of March 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Motion – Issuing a new Certificate of Compliance to Elxr Wine & Spirits, LLC due to change in the ownership interest of members. • Reappointment – Building Board of Adjustments & Appeals – Lisa Stanbery for an additional three-year term to expire January 2024. p. 207 REGULAR SESSION MARCH 22, 2021 PAGE -207- MINUTE BOOK 30 • Reappointment – Building Board of Adjustments & Appeals – Dustin Hawkins for an additional three-year term to expire January 2024. • Motion – Authorizing the Mayor to sign an incoming loan form with the Museum Center at 5ive Points related to the Cherokee Chieftain. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes stated after seeing the yearly trend of the City’s fund balance, he would not be opposed to seeing some of the fund balance each year earmarked for OPEB. After meeting with an Actuarial Scientist to get a better idea of what we need to fund but feels it is important for the health of the city going forward. Mr. McKay stated there is a process we would follow with an outside agency and we can begin those discussions. Councilman Webb stated it would be good to know how much we need to fund to take advantage of the higher discount of 7%. Councilman Cassada thanked the Cleveland Police Department and Chief Gibson for going with him to the homeless camp along the Greenway on Paul Huff Parkway. He then thanked staff for beginning the process of cleaning up under the bridge there. It is important to keep Cleveland a beautiful place. Also, Candies Lane had no flooding or closing of the roadway during the 5” of rain last week. Lastly, he inquired about the Pickleball lighting project. Mr. Fivas stated bids would open this week and we will have a report to you at the next meeting. Councilman May stated over the years we receive flooding issues and now that we have partnered with the Army Corps on the flood study, the public needs an update. Mr. Fivas replied four years ago we undertook a massive project with the Army Corps to mitigate the flooding in areas of the City. Several retention ponds and home purchases have occurred. People are designing ponds and helping create less of an impact of flooding. They have mentioned two of the ponds will begin construction this summer, which will bring immediate relief to several residents. Councilman Webb inquired if the Everhart area was in the study. Mr. Fivas stated he would have to check with the Army Corps and let him know. Councilman Hughes stated during the work session we had flooding discussion for Chilhowee Cir NW (Raymond Scott), Woodland Dr NW (Jan Hood) and Clingan Ridge Dr NW (Ed Brown). Secondly, he inquired about the Pickleball Lighting and the possibility of Cleveland Utilities involvement. Mr. Fivas stated he has had discussions with them and they would prefer we handle it as we did the tennis courts. Councilman Webb thanked city staff on the cleanup efforts on Crestwood Drive. Mayor Brooks stated as discussed in the work session, 1300/1302 Clingan Ridge Drive experienced serious flooding as well. Also, thank you to Councilman Cassada for mentioning the cleanup under the bridge and the great work of staff and to Corey Divel and the team that sent out the messages for the Mouse Creek cleanup on Saturday, through the Stormwater Program. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution 2021-26 – Opposing the elimination of Metropolitan Statistical area and authorizing the Mayor to prepare and submit letters of opposition. p. 208 REGULAR SESSION MARCH 22, 2021 PAGE -208- MINUTE BOOK 30 RESOLUTION 2021-26 A RESOLUTION OPPOSING THE ELIMINATION OF THE CITY OF CLEVELAND METROPOLITAN STATISTICAL AREA AND AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY COUNCIL OF THE CITY OF CLEVELAND, TO PREPARE AND SUBMIT LETTERS OF OPPOSITION TO THIS INITIATIVE. WHEREAS, The city of Cleveland appreciates the opportunity to comment on the Office of Management and Budget's (OMB) review of the remmendations it received from the Metropolitan and Micropolitan Statistical Area Standards Review Committee. WHEREAS, We strongly oppose adopting the review committee's recommendation to increase the metropolitan statistical area (MSA) from a minimum population of 50,000 to 100,000. Raising the minimum MSA population cut-off from 50,000 to 100,000 would undermine the consistency in the collection and tabulation of federal statistics and interrupt the flow of federal aid to our communities. WHEREAS, Although OMB has made changes to the statistical program in the past, removing the MSA designation for 144 medium sized cities (including Cleveland, TN.) would make it more difficult to allocate federal aid to the places where it is needed the most. WHEREAS, Despite the Committee’s statement that “OMB establishes and maintains these areas solely for statistical purposes.” (and) ”These areas are not designed to serve as a general- purpose geographic framework applicable for nonstatistical activities or for use in program funding formulas” many federal agencies do in fact use OMB’s area definitions in their program funding formulas, including the CDBG program. WHEREAS, The CDBG program’s statute uses OMB’s definition of “metropolitan area” and the population threshold of 50,000 to determine eligibility for entitlement formula allocations under the program. If the Committee’s recommendation is adopted, cities like Cleveland with a population above 50,000 and below 100,000 which have been designated as a CDBG entitlement grantee in the last two years would lose their entitlement status and their CDBG funding. WHEREAS, The city of Cleveland is currently in the midst of a downtown revitalization plan. When companies perform research on areas for business expansion and development they look at MSA data. Moreover, federal dollars spur state, local, and private investment that create jobs and boosts the economy, which is something that our nation needs right now. WHEREAS, If the city of Cleveland is no longer defined as an urban area or MSA, we may no longer qualify for programs that support low and moderate-income persons, public transportation, public health, and transportation planning and programming. We estimate the financial impact to our community in relation to this change could result in losses in the millions of dollars annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Cleveland, Tennessee in regular session assembled, the City Council does hereby oppose the change recommended by the Metropolitan and Micropolitan Statistical Area Standards Review Committee. We urge you to reject the recommendation to increase the minimum urban area population to qualify as a Metropolitan Statistical Area from 50,000 to 100,000. This resolution shall be in effect after proper passage. ADOPTED this 22nd day of March, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 209 REGULAR SESSION MARCH 22, 2021 PAGE -209- MINUTE BOOK 30 Councilman Estes moved that Resolution 2021-26 be approved as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following RFP was then presented: • RFP Update – Council to consider proposals for the redevelopment of 266 Inman Street TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: March 22, 2021 RE: 266 Inman Street RFP SUMMARY: The City accepted proposals for the acquisition and redevelopment of 266 Inman Street on March 19, 2021. One proposal was received from the following firm: • Henderson, Hutcherson & McCullough, PLLC COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: An evaluation committee has reviewed and evaluated the proposal. The committee recommends accepting the proposal from Henderson, Hutcherson & McCullough, PLLC, based on their experience of completing projects of similar scope and the economic benefit this will provide. If accepted, City staff will work with the firm to draft an agreement to be considered for approval at the next Council meeting. Councilman Hughes moved that the RFP from Henderson, Hutcherson & McCullough, PLLC be accepted. The motion as seconded by Councilman May. Mr. Fivas stated staff will put together a development agreement and bring back at the next meeting for final approval. Upon roll call, the motion was unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • City Offices will be closed on Friday, April 2, 2021 in observance of Good Friday. • The next City Council meeting will be held on Monday, April 12, 2021. There being no future business the meeting was adjourned at 3:40 p.m. _________________________________ __________________________________ Mayor City Clerk