Cleveland City Council

p. 276 REGULAR SESSION JUNE 28, 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, JUNE 28, 2021 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson, Councilmen Bill Estes, Tom Cassada, David May, Jr., Ken Webb and Councilwoman Marsha McKenzie. Councilman Dale Hughes 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, Assistant to the City Manager; Sue Zius, Assistant to the Mayor; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Ron Harrison; Patti Pettit, Parks and Recreation Director; Robert Varnell, Transportation Planner; Kristi Powers, Purchasing Coordinator; Doug Berry with the Chamber of Commerce and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Ken Webb, 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 June 14, 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 Councilman Cassada moved to excuse Councilman Hughes from today’s meeting. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Mayor Brooks stated today we are swearing-in six new Police Officers to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background on each of them. Mayor Brooks then administered the Oath of Office to Police Officers Cole Barnes, Mary Ledford, Cody Malone, Lucas Broling, Marlon Nelson and Zachary Rush and then welcomed them to the Cleveland Police Department. John Thomason thanked Tommy Myers and the Public Works Department for paving 9th Street and looks forward to many more streets in the area to be paved in the future. Councilman Estes added sidewalks would be coming along 9th Street soon. Mr. Fivas stated we have received the go ahead on the Dalton Pike sidewalk project and last week the State also notified us by email they would be paving Wildwood to Dalton Pike. HEARING PETITIONS AND COMMUNICATIONS No hearing petitions and communications. CONSENT AGENDA Councilman May moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, the consent agenda unanimously passed. • Final Passage - Ordinance 2021-14 – heretofore passed on first reading June 14, 2021 and found in Minute Book 30, Page 272; amending Title 17, Section 17-107 of the Municipal Code pertaining to the sanitation user fees for Solid Waste and Refuse Collection. p. 277 REGULAR SESSION JUNE 28, 2021 PAGE -277- MINUTE BOOK 30 • Final Passage - Ordinance 2021-15 – heretofore passed on first reading June 14, 2021 and found in Minute Book 30, Page 273; amending Title 16, Chapter 2, Section 16-203(1) of the Municipal Code pertaining to street cut fees. • Final Passage - Ordinance 2021-16 – heretofore passed on first reading June 14, 2021 and found in Minute Book 30, Page 274; amending Title 12, Chapter 1, Section 12-104 of the Municipal Code relating to the Building Permit Fee Schedule. • Resolution 2021-53 – Authorizing the Mayor to sign contract amendment #4 with TDOT for the 17th and 20th Street Project. RESOLUTION 2021-53 WHEREAS, the City has received the attached Amendment #4 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: 17th Street, From SR-2 (Keith Street NW) to SR-74 (Ocoee Street) and 20th Street, From Harle Avenue NW to Neely Circle in Cleveland Contract Number: 103159 Project Identification Number (PIN): 118870.00 Federal Project Number: STP-M-9203(21) State Project Number: 06LPLM-F3-036 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 28th day of June 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-54 – Authorizing the Mayor to sign a subrecipient agreement with Habitat for Humanity for use of CDBG funds for property on Foster Lane/20th Street. RESOLUTION 2021-54 WHEREAS, the City Council previously passed a Resolution approving the Annual Action Plan for Community Development Block Grant (CDBG) funds; and WHEREAS, Habitat for Humanity of Cleveland, Inc. is involved in CDBG eligible activities; and WHEREAS, in connection with said activities, Habitat for Humanity of Cleveland, Inc. has requested $50,000 in funding for CDBG eligible activities (which funding will assist with approved activities for the site development by Habitat for Humanity of Cleveland for the development of the Foster Lane/20th St property for housing low-income single-family homes); and p. 278 REGULAR SESSION JUNE 28, 2021 PAGE -278- MINUTE BOOK 30 WHEREAS, in connection with said funding, the City Council desires to authorize the Mayor to execute a Subrecipient Agreement with Habitat for Humanity of Cleveland, Inc., relating to the CDBG eligible activities as described therein, which Agreement is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the Mayor is hereby authorized to execute the Subrecipient Agreement with Habitat for Humanity of Cleveland, Inc., which Agreement is attached hereto and incorporated herein by reference. This 28th day of June 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-55 - Authorizing the Mayor to sign a lease extension with Family Resource Agency for the Blythe-Oldfield School Site. RESOLUTION 2021-55 A RESOLUTION OF THE CITY OF CLEVELAND, TENNESSEE, AUTHORIZING AN EXTENSION OF A LEASE AGREEMENT BETWEEN THE CITY OF CLEVELAND AND THE FAMILY RESOURCE AGENCY, INC. FOR THE BLYTHE AVENUE SCHOOL SITE WHEREAS, the City of Cleveland and Family Resource Agency, Inc. are currently parties to a Lease Agreement entered into effective January 1, 2000, whereby the Family Resource Agency, Inc. has leased from the City the Blythe Avenue Elementary School property; and WHEREAS, the lease has been amended three times, once by Resolution 2010-93 passed on 6/28/2010, and a second time by Resolution 2015-53 passed on 6/22/2015; and by Resolution 2020-94 passed on 12/14/2020; and WHEREAS, the City Council has been presented with a Memorandum from the City Manager concerning an extension of the lease agreement until August 15, 2021 which will allow the Family Resource Agency and city staff to finalize a long term agreement that meets the needs of both parties; and WHEREAS, the City of Cleveland and Family Resource Agency, Inc. desire to extend the current Lease, as amended, until August 15, 2021; and WHEREAS, the proposed lease extension agreement between the City and Family Resource Agency, Inc. is attached to this Resolution and incorporated herein by reference; and WHEREAS, the City Council desires to accept the recommendation of the City Manager as outlined in his Memorandum to the City Council and to extend the current Lease Agreement with the Family Resource Agency, Inc. until August 15, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled the City Council hereby approves the lease extension with Family Resource Agency, Inc. until August 15, 2021. p. 279 REGULAR SESSION JUNE 28, 2021 PAGE -279- MINUTE BOOK 30 BE IT FURTHER RESOLVED that the City Council hereby approves of the Lease extension agreement which is attached hereto and incorporated herein by reference, and the City Council further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 28th day of June, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – AJ Park Pavilion TO: Mayor & City Council FROM: Joe Fivas, City Manager Kristi Powers, Budget & Purchasing Coordinator DATE: June 24, 2021 RE: AJ Park Pavilion Summary: In the fall of 2020, the City Council approved a bid to ‘Integrated Builds’ to construct a new Pavilion at Avery Johnson Park. ‘Integrated Builds’ was not able to complete the project as requested by the City. The City has sent out a bid out for the work needed to complete the project. The City received two bids responses. 1) $82,500 for Ross Construction 2) $145, 353 for Cherokee Construction City staff has determined that the Ross Construction bid had informalities, irregularities, and non-responsive. City staff recommends to reject this bid due to these issues. City staff has determined that the Cherokee Construction bid was not consistent with the engineers estimate. City staff recommends to reject this bid due to these issues. Fiscal Impact: N/A Staff Recommendation: City staff recommends to reject both bids. The City will immediately re-bid this project. This could cause a delay in opening the AJ Park. • Street Light Recommendation – High Street SE (Cleveland Utilities recommends the installation of two new 40-watt LED cobra fixtures on High Street). • Street Light Recommendation – 2372 Coventry Court NW & 3423 Brighton Boulevard NW (Cleveland Utilities states existing 100-watt HPS decorative fixtures meet City guidelines. Existing fixtures can be upgraded to 60-watt LED cobras at a cost of $146.70 each if desired). • Street Light Recommendation – 825 East Street SE (Cleveland Utilities states existing 100-watt HPS cobra fixtures meet City guidelines. Existing fixtures can be upgraded to 40-watt LED cobras at a cost of $146.70 each if desired). p. 280 REGULAR SESSION JUNE 28, 2021 PAGE -280- MINUTE BOOK 30 UNFINISHED BUSINESS Councilman Estes moved that Zoning Ordinance 2021-10; rezoning 1.87 acres, more or less, located on Hiwassee Ave NE (Tax Map 42G Group B Parcels 18.00,19.00 & 20.00 and Tax Map 42G Group C Parcel 9.00 & 11.00 ) from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District; heretofore passed on first reading June 14, 2021 and found in Minute Book 30, Page 270 be voted for passage on final reading. The motion was seconded by Councilman Webb. Upon roll call, Councilman Estes, Councilman Webb, Councilman Cassada, Vice Mayor Johnson and Councilwoman McKenzie voted aye. Councilman May voted no. The motion passed 5:1. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Webb reminded everyone that tomorrow, Tuesday, June 29 at 10:00 a.m. is the Senior Advisory Counsel meeting. Also, he asked for staff to encourage the parties responsible for the gate on Smith Drive to be completed. Lastly, to make everyone aware, the Cleveland Amateur Radio Club, who leases property from the City on Johnson Blvd, has asked if we can assist with paving a portion of their parking lot for handicap accessibility. City staff is in the process of looking at the lot and seeing what can be done. Councilwoman McKenzie stated she was excited to see the new development inside the Spring Branch Industrial Park. Secondly, she asked if staff would conduct a traffic and project study for a roundabout and sidewalks at Georgetown Road and Westside Drive. The area is a major safety concern. Councilman Cassada agreed the curve was dangerous. He asked if something could be brought back at the next meeting. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution 2021-56 – Supporting the RAISE Grant Application. RESOLUTION 2021-56 RESOLUTION TO AUTHORIZE SUBMISSION OF A “REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY” (RAISE) PLANNING AND APPROVING MATCHING FUNDS AND AUTHORIZING SIGNING OF NECESSARY PAPERWORK FOR THE GRANT AND REQUESTING THAT TDOT CONSIDER THE INCLUSION OF THE PROJECT IN ITS STATEWIDE RAILWAY PLAN WHEREAS, staff was authorized to develop a grant application for planning and preliminary design of a downtown connector to serve as an alternative for the crosstown movement of traffic in an east-west direction, and whereas further evaluation points to the need for the downtown connector planning and preliminary design to encompass the construction of a bridge over the railroad at 3rd Street SE; and WHEREAS, the scope of the proposed planning work is be refined but will need to include both equity and environmental sustainability elements, including the extension of streetscaping and pedestrian features along the connector and near the Inman Street Corridor, as well as an effort to economic development expand economic development and employment growth opportunities throughout the project area but especially near the eastern end where such opportunities have been more limited, with the scope of the work possibly reaching $300,000 with a 20% local match; and p. 281 REGULAR SESSION JUNE 28, 2021 PAGE -281- MINUTE BOOK 30 WHEREAS, state departments of transportation nationwide engage in railway planning and submit plans to the United States Department of Transportation (USDOT), and in anticipation of the bridge under consideration here to replace the existing 3rd Street SE grade crossing, it would be prudent to request appropriate consideration of the project Tennessee Department of Transportation (TDOT) statewide rail plan, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Authorizes the Mayor and staff to submit a RAISE Planning Grant application for the downtown connector and bridge as described; 2. Approves matching funds up to $60,000 as needed for the RAISE Planning Grant budget; 3. The Mayor is authorized to sign all documents necessary to the grant application process described herein; 4. Staff and the Mayor are authorized to pursued inclusion of the project as appropriate, by description or project type, in the TDOT statewide rail plan Approved this 28th day of June, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Resolution 2021-56 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-57 – Supporting the Cops Hiring Grant Application. RESOLUTION 2021-57 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR A GRANT THROUGH THE COPS HIRING PROGRAM (CHP) WHEREAS, the City of Cleveland will use these grant dollars to fill vacant positions for full- time sworn officers in the Cleveland Police Department; WHEREAS, the 2021 COPS Hiring Program grant is funded through the United States Department of Justice, and the grant covers up to 75% of the approved entry-level salary and fringe benefits of each newly-hired and/or rehired, full-time sworn career law enforcement officer over a three-year (36 months) grant period; and WHEREAS, based upon the grant's program requirements, the City, if approved, would be eligible for grant funding for officers, with a maximum federal share of $150,000 per officer for the 36- month period. The grant application, if approved, would require the City to cover at least 25% of the cost of the salary and fringe benefits of these officers; and WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents that may be necessary or appropriate in connection with the grant application. p. 282 REGULAR SESSION JUNE 28, 2021 PAGE -282- MINUTE BOOK 30 NOW, THEREFORE, BE IT RESOLVED that the City of Cleveland is authorized to apply for funding for full-time sworn officer positions through this grant program, and the Mayor is hereby authorized to sign all documents that may be necessary or appropriate for the completion of the grant application. This 28th day of June, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution 2021-57 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-58 – Authorizing the Mayor to sign the agreements with Southern Scripts, LLC. RESOLUTION 2021-58 WHEREAS, the City’s Human Resources Director has been working with the City’s Consultant on a new Pharmacy Products and Services Administration Agreement with Southern Scripts, LLC which will take effect on July 1, 2021; and WHEREAS, the City’s Human Resources Director and legal counsel have reviewed the proposed agreement and suggested certain changes to the Pharmacy Products and Services Administration with Southern Scripts, LLC; and WHEREAS, the City Manager and Human Resources Director are recommending that the City Council approve of the new Pharmacy Products and Services Administration Agreement with Southern Scripts, LLC once the changes requested by the City have been made; and WHEREAS, the City Council desires to approve of the proposed agreement and to enter into the agreement with Southern Scripts, LLC, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland once the changes requested by the City have made and the changes have been approved by the City staff. 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 agreement with Southern Scripts, LLC and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland once the changes requested by the City have made and the changes have been approved by the City staff. This 28th day of June 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution 2021-58 be accepted as presented. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. p. 283 REGULAR SESSION JUNE 28, 2021 PAGE -283- MINUTE BOOK 30 Councilman Webb announced he just received notice that the individual responsible for the gate on Smith Drive are waiting on parts to complete the project. ANNOUNCEMENTS Mayor Brooks announced the following: • City Offices will be closed on Monday, July 5, 2021 in observance of Independence Day. • The next City Council meeting will be held on Monday, July 12, 2021. • The Council meeting scheduled for Monday, July 26 will be cancelled. • The Tennessee Comptroller’s Office will hold a meeting in Bradley County on August 9 to discuss the ARPA funds. Additional information will be forthcoming. There being no future business the meeting was adjourned at 3:28 p.m. _________________________________ __________________________________ Mayor City Clerk