Cleveland City Council

p. 210 REGULAR SESSION APRIL 12, 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, APRIL 12, 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 Vice Mayor Avery Johnson. Also present were Councilmen Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Mayor Kevin Brooks was absent from the meeting. 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; City Attorney John Kimball; Kris Miller, IT Director; Jonathan Jobe, Development and Engineering Department and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Hughes, the following business was then entered into: Councilman Cassada moved to excuse Mayor Brooks from today’s meeting due to attending the TACIR meetings in Nashville. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. WAIVE READING OF MINUTES Councilman May 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 22, 2021 and approve them as written. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS No special presentations and public comments. HEARING PETITIONS AND COMMUNICATIONS No hearing petitions and communications. CONSENT AGENDA Councilman Cassada moved to approve the following items from the Consent Agenda excluding Resolutions 2021-29 and 30 and moved to unfinished business. The motion to approve the consent agenda was seconded by Councilman Estes. Councilman May declared he was related to Jeff Huff, which does not affect his vote. Upon roll call, the consent agenda unanimously passed. • Resolution 2021-27 – Accepting Weeks Horizon Place (approximately 450 feet) in the Weeks Horizon Townhome Development as a city street. RESOLUTION 2021-27 WHEREAS, the Weeks Horizon Townhomes Subdivision is a development located in the City of Cleveland; and WHEREAS, the Weeks Horizon Townhomes Subdivision is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 29 Page 82; and p. 211 REGULAR SESSION APRIL 12, 2021 PAGE -211- MINUTE BOOK 30 WHEREAS, Weeks Horizon Place is a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Weeks Horizon Place as a City street; and WHEREAS, the City's engineering staff has inspected Weeks Horizon Place and is now recommending that the City accept Weeks Horizon Place (approximately 450 feet in length) 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 Weeks Horizon Place as a City street. This 12th day of April 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-28 – Street Acceptance for Lakeside Lane, Grove Park Court and 2 sections of Grove Park Drive: 1. Accepting Lakeside Lane (approximately 360 feet) constructed as a part of Lakeside Cottages at the Farm Development as a city street. 2. Accepting Grove Park Court (approximately 510 feet) constructed as a part of The Cottages at the Farm Development as a city street. 3. Accepting Grove Park Drive (approximately 475 feet section located from the south edge of Tasso Lane then in a southwest direction) constructed as part of The Haven at the Grove and Lakeside Cottages at the Farm Phase 2 Development as a city street. 4. Accepting Grove Park Drive (approximately 875 feet section located from the east edge of North Lee Highway then in a southeast direction) constructed as part of The Pointe at the Farm, Lakeside Cottages at the Farm Phase 1 and Phase 2, The Cottages at the Farm and The Pointe at the Farm as a city street. RESOLUTION 2021-28 WHEREAS, Lakeside Cottages at the Farm Phase 1 is a subdivision located in the City of Cleveland and is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 26; and WHEREAS, Lakeside Lane (approximately 360 feet) is a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Lakeside Lane (approximately 360 feet) as a City street; and WHEREAS, the City's engineering staff has inspected Lakeside Lane is now recommending that the City accept Lakeside Lane as a City street; and p. 212 REGULAR SESSION APRIL 12, 2021 PAGE -212- MINUTE BOOK 30 WHEREAS, The Cottages at the Farm is a subdivision located in the City of Cleveland and is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 33 Page 90; and WHEREAS, Grove Park Court (approximately 510 feet as constructed) is a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Grove Park Court (approximately 510 feet as constructed) as a City street; and WHEREAS, the City's engineering staff has also inspected Grove Park Court (approximately 510 feet as constructed) is now recommending that the City accept this portion of Grove Park Court as a City street; and WHEREAS, The Haven at the Grove Phase 2 is a subdivision located in the City of Cleveland and is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 37 Page 11 and Lakeside Cottages at the Farm Phase 2 is a subdivision located in the City of Cleveland and is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 63; and WHEREAS, Grove Park Drive (approximately 475 feet) beginning at the south edge of Tasso Lane and then extending in a southwest direction is a street located within these two developments and is depicted on both of these plats; and WHEREAS, the developer has requested that the City accept Grove Park Drive (approximately 475 feet) beginning at the south edge of Tasso Lane and then extending in a southwest direction as a City street; and WHEREAS, the City's engineering staff has also inspected this section of Grove Park Drive (approximately 475 feet) beginning at the south edge of Tasso Lane then extending in a southwest direction, and is now recommending that the City accept this portion of Grove Park Drive as a City street; and WHEREAS, another portion of Grove Park Drive (being an 875 foot section) is located beginning at the east edge of North Lee Highway then extending in a southeast direction and is depicted on the following plats: (1) The Point at the Farm subdivision shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 33 Page 81, (2) Lakeside Cottages at the Farm Phase 1 subdivision shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 26, (3) Lakeside Cottages at the Farm Phase 2 is a subdivision shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 63 and (4) The Cottages at the Farm subdivision shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 33 Page 90; and WHEREAS, the developer has also requested that the City accept this portion of Grove Park Drive (an 875-foot section) beginning at the east edge of North Lee Highway and then extending in a southeast direction as a City street; and WHEREAS, the City's engineering staff has also inspected this portion of Grove Park Drive (an 875-foot section) which is located from the east edge of North Lee Highway and then extending in a southeast direction and is now recommending that the City accept this portion of Grove Park Drive as a City street. p. 213 REGULAR SESSION APRIL 12, 2021 PAGE -213- 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 the following as city streets: 1. Lakeside Lane (approximately 360 feet). 2. Grove Park Court (approximately 510 feet as constructed). 3. Grove Park Drive (approximately 475 feet) which begins at the south edge of Tasso Lane then extends in a southwest direction. 4. Grove Park Drive (an 875-foot section) which begins at the east edge of North Lee Highway and then extends in a southeast direction. This 12th day of April 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Appointment – Equalization Board – Jeff Huff for a two-year term to expire April 2023. • Bid Summary – Pickleball Lighting. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: April 12, 2021 RE: Bid Summary – Pickleball Court Lights SUMMARY: The City accepted sealed bids on March 26, 2021, for materials to light six pickleball courts at Tinsley Park. One bid was received and is listed below. • Lowes Lighting Gallery Cleveland, TN $37,600.00 Base Bid___ ($275.00) Deductive Alt._ COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: Staff recommends accepting the bid from Lowes Lighting Gallery for a cost up to $37,600.00. p. 214 REGULAR SESSION APRIL 12, 2021 PAGE -214- MINUTE BOOK 30 • Bid Extension – Brush Chipping Services. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: April 12, 2021 RE: Bid Extension – Brush Chipping Services SUMMARY: Public Works has requested to extend their current Brush Chipping contract with Big Woody’s Tree Service for an additional one-year term. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Recommendation is to approve the extension of the current contract for an additional one-year period. The term of the new contract will be July 1, 2021 through June 30, 2022. • Bid Summary – Laundry & Dry Cleaning. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: April 12, 2021 RE: Bid Summary – Laundry & Dry Cleaning SUMMARY: Sealed bids were received on April 6, 2021, for Laundry & Dry Cleaning Services. The bids are listed below: CHAMPION CLEANERS CLEVELAND, TN: DRESS PANT 3.12 SPORT COAT (CIVILIAN) 3.10 DRESS SHIRT 3.12 SUIT - 2 PIECES (CIVILIAN) 6.22 EISENHOWER JACKET 3.60 BLACK FATIGUES - 2 PIECES 6.25 SERVICE JACKET, FUR LINED 3.60 JEANS 3.12 DRESS SHIRT, LAUNDRY 1.50 SHORTS 2.63 DRESS PANT, LAUNDRY 3.25 DRESS 4.96 KNIT SHIRT 2.50 BLOUSE 3.00 BROWN FATIGUES, LAUNDRY 3.25 RAINCOAT 5.25 KNIT PULLOVER, LAUNDRY 2.50 SUIT JACKET 3.10 TIES 1.70 VEST 2.45 BULLET PROOF VEST (CARRIER) 2.00 SEWING OF INSIGNIAS 3.00 SWEATER (CIVILIAN) 3.00 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. p. 215 REGULAR SESSION APRIL 12, 2021 PAGE -215- MINUTE BOOK 30 RECOMMENDATION: Staff recommends award to Champion Cleaners. The term of this contract will be for a one-year period beginning May 1, 2021. UNFINISHED BUSINESS The following Resolution was then presented in full: • Resolution 2021-29- Authorizing the Mayor to sign contract amendment 3 with TDOT related to the Central Avenue NE from Ocoee to Gaut St NE project. RESOLUTION 2021-29 WHEREAS, the City has received the attached contract amendment #3 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 #3 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 #3 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 12th day of April, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada asked for clarification on the sidewalk area. Is it Edwards or Gaut Street? Mr. Fivas stated the original project was from Broad to Gaut Street, but we feel it is more efficient to take it to Edwards Street with our crews to add it to the Gaut Street sidewalk project. Councilman Cassada stated there are existing sidewalks in that area. This project began in 2015 and as stated previously, especially with state funding, we have many other projects and areas that don’t have sidewalks. Is this contract amendment part of the process or for additional items? This is a million-dollar project and the city match of 20% could go towards something else. Everyone has a need. Can this be switched to another state road? Mr. Fivas stated this project is complex with more than sidewalks. It is a complete road reconstruction. The intersection of Broad Street and Central Avenue would get updated the traffic signals. It includes the uneven walkways, stormwater issues and repaving the roadway. Yes, there are existing sidewalks that we can improve more effectively with a Public Works crew to tie into and the budget will decrease. Councilman Cassada asked if the money would be better used other places like 25th/Ocoee Street to help with infrastructure. Councilman Estes stated this was started in 2015, we are there now, ready to implement and you want the money to go back in the hopper for another 5 years? He is not for that. Councilman May stated when this came up years ago, it was to eliminate a stormwater issue throughout the grid. Mr. Fivas stated this project will also add p. 216 REGULAR SESSION APRIL 12, 2021 PAGE -216- MINUTE BOOK 30 parking for downtown. Councilman Estes stated this is part of a master plan. Councilman Cassada stated other districts have needs for sidewalks and would like for the Council to move forward with something for each district like we do for paving. It seems like it is lumped in one district. It is a safety issue for the whole community. Everyone should benefit. Vice Mayor Johnson stated the sidewalks on Central Avenue have been there for at least 70-years. They are in terrible shape. The sidewalks along Gaut Street to Ocoee Street are terrible as well. Councilman Webb added when we upgrade sidewalks, we are addressing handicap issues as well, which are all over the community. It is a good move forward and the right thing to do. Councilman Hughes stated it would be helpful to have a breakdown per district of future sidewalk projects. Councilman May then moved that Resolution 2021-29 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-30 - Approval of Technical Assistance Contract with Blu Lynx Solutions, Inc. for CDBG Training and Technical Assistance. RESOLUTION 2021-30 WHEREAS, the City of Cleveland, through its Community Development Department, has received a proposal for CDBG technical assistance training from BluLynx Solutions, Inc.; and WHEREAS, the Community Development Coordinator has attached a memo to the City Council recommending that the City Council approve of the attached agreement with BluLynx Solutions Inc. for this CDBG technical assistance training; and WHEREAS, the City Council desires to approve the attached agreement with BluLynx Solutions, Inc. 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 BluLynx Solutions Inc. for CDBG technical assistance training, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 12th day of April 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada inquired about the resolution and agreement. Mr. Fivas stated it is related to CDBG and HUD funding and this agreement is to help with the rules, regulations and processes with the special allocation of monies we have received from the CARES Act and the COVID funds. BluLynx has specific training to assist and consult with CDBG to make things are done correctly. Councilman Webb moved that Resolution 2021-30 be accepted as presented. The motion was seconded by Councilman Cassada. Councilman Estes stated he is a board member of City Fields, which does not affect his vote. Upon roll call, unanimously passed. p. 217 REGULAR SESSION APRIL 12, 2021 PAGE -217- MINUTE BOOK 30 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes stated this weekend is the 65-Roses event and is thankful for the cooperation of the Cleveland Police Department and Sgt. Evie West. Also, he would like to continue discussions on city-wide sidewalk projects under new business. Councilman Hughes stated the Cleveland High School Wrestling team won the State Championship and he would like the team and coaches to attend the April 26 meeting. If no one is in opposition, he will invite them to attend. No opposition was expressed. Also, Lauren Thacker and Ellie Fivas have won the State award for a mock trial and will be heading to the Nationals in Evansville, IN. Vice Mayor Johnson inquired about the pickleball court usage. He has received a few complaints that the Association has taken over the courts with excessive playtime and citizens are not allowed to play. Mr. Fivas stated staff will look into it as our goal is to keep the courts open and sometimes the more scheduling we do, is not the best. We will need to find the right mix. Councilman Hughes stated we don’t want to get into scheduling the courts and the Association can’t assume they are in charge of the courts. Mr. Fivas added it could be like we handle the pavilions and if there is a group that wants to reserve the courts and pay for the access then that might be a solution but we have to make sure it’s reasonable usage for the public to have access. Councilman Estes stated this is similar to the Soccer Association and maybe it will work itself out. Councilman Hughes reiterated we don’t want to get into scheduling the courts. Councilman Estes replied let’s give staff time to find a possible solution. Mr. Fivas stated if things don’t work out themselves then we will need some type of framework to keep things reasonable. Paul Wyrick is aware of the issues with the pickleball court usage and staff is working on a solution. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution 2021-31 – Authorizing the Mayor to sign a Right of Way Dedication and Construction agreement with LeConte Development, LLC. RESOLUTION 2021-31 WHEREAS, the City Manager has presented the City Council with a memorandum outlining the recommendation that the City Council approve of the attached Right of Way Dedication and Construction Agreement-Phase 2 with LeConte Development LLC; and WHEREAS, the City Council has reviewed the proposed agreement with LeConte Development LLC and now desires to accept the proposed agreement and to enter into the attached agreement with LeConte Development LLC, 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 LeConte Development LLC and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [agreement on file in the City Clerk’s Office.] APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 218 REGULAR SESSION APRIL 12, 2021 PAGE -218- MINUTE BOOK 30 Councilman May moved that Resolution 2021-31 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Councilman Hughes stated the agreement calls for a buffer on the north end of the property and if staff is aware of what will be used. Mr. Fivas stated our land use ordinance provides buffer options for the developer, but we feel a fence is the best option. Councilman Hughes stated the adjoining residents do have concerns. Councilman Estes moved to appeal the Judge of Davidson County decision concerning the Certificate of Need for the Methadone Clinic. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman Cassada asked why the Judge wouldn’t just ask them to resubmit the notice and go through the process again. Mr. Kimball responded in Tennessee the statute says notices have to be sent by certified mail/return receipt requested, there is some line of authority that all that is required is it be mailed not received. That is the legal issue and what the appeal will be about. Councilman Estes stated he would like the Council and staff to continue the discussion on sidewalk and needs throughout the city. Paving. Each year we have a list of streets, equitable square yards in each district but more asphalt has been laid, let’s say in the 5th District because there are more state roadways. The city’s equalization is fair, but if you counted total yards, the 5th District will win almost every time. It would be the same with sidewalks. When we get MPO or CDBG funds or grants earmarked for sidewalks those projects will look like they are getting more money and attention in certain districts. He feels staff tries to keep things balanced. It is not clean in terms of how much footage of sidewalks comes in. Different pots of money pay for things. To make it fair for everybody makes it fair for nobody. You can’t treat all the districts the same because that’s not what’s best for the city. The low hanging fruit in this is to change the city code for the city to require sidewalks in new developments. Do it right from the start. The city staff gets mixed messages from us when we say we want sidewalks, but it’s not required in our code, so builders are not going to do it. How can we add teeth to our planning and development rules that will help us. Everything is not the same in all the districts. Mr. Fivas stated we’ve understood, even when we did the surveys, we get a lot of outreach for sidewalk needs in the community. Not as high as traffic or congestion but several. We have an audit of current sidewalks we have and know precisely where the rankings are on a GIS map that we are going through trying to fix what we have right now. Part of it is the ADA issue we are facing. We are working on those pieces. Secondly, Councilman Cassada has requested a comprehensive list of new sidewalks that will be installed in the future. We are putting that together and will be able to overlay current and future sidewalks. We need to get those to you to determine the priority and funding. He then reviewed several sidewalk projects and what staff is trying to address. We do have a code that was built for rural urban areas and now we have numerous houses being built and we have to adapt and have the conversations. We need a map, prioritize it, figure out funding and have everyone walk about feeling good about the process. Councilman Webb stated it would be good for everyone to see that but not get hung up on where sidewalks are going that we lose the opportunity to put a sidewalk anywhere when we have the opportunity to build it for 5, 10 or 20% of the cost. Anytime we add even a foot of sidewalk in the community we all benefit from it. Councilman Cassada stated he agrees. Vice Mayor Johnson stated we have a lot to do and a lot of priorities. Councilwoman McKenzie says she appreciates all the new sidewalks and South Lee Highway has been there for a long time, Bradley High School has been there a long time, to not have sidewalks so whatever we can do will be helpful. Councilman Hughes felt Bradley High School would give the property there in front, from the Superintendent’s Office to the Rebel for a sidewalk. Mr. Fivas stated we will ask them next week. Councilman Estes stated we are not being very direct with staff about changing our code. Value questions: do we pass on the cost of sidewalks to developers requiring it or do we pay double as a city to come back later and do it? Connectivity. Do sidewalks in certain part of the city really connect people? If we were clear to staff going forward, for the Council twenty-years ahead we can be clear. We should look and gather information. Look at things from Collegedale and Ooltewah, even Hixson that we don’t have in our code and that would increase the amount p. 219 REGULAR SESSION APRIL 12, 2021 PAGE -219- MINUTE BOOK 30 of sidewalks yearly with every development. Mr. Fivas stated we have made progress over the years and instead of a requirement, it’s been a negotiation for setbacks and density. He feels the developers like that option and believes our code should reflect that, so everyone wins. ANNOUNCEMENTS Vice Mayor Johnson announced the following: • The next City Council meeting will be held on Monday, April 26, 2021. There being no future business the meeting was adjourned at 4:08 p.m. _________________________________ __________________________________ Mayor City Clerk