Cleveland City Council

p. 405 REGULAR SESSION SEPTEMBER 27, 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, SEPTEMBER 27, 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; 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; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Doug Berry and Mike Griffin with the Chamber of Commerce; David Johnson; Bradley County Commissioner Cindy Slater 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: 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 September 13, 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 Connie Gatlin with Art is Here shared the progress and accomplishments with the Council of the Art is Here Partnership. The missing piece of the puzzle is a Performance Arts Center. She shared several quotes from the community in the Community Arts Plan concerning growing the art within Cleveland and Bradley County. Working with the City Manager’s office and Mainstreet Cleveland they are developing an event for April 9, 2022 for the first Hot Slaw and Art Y’all. They will be hosting music concerts in February 2022 and a performance with Cleveland Pops. She stated additional information will be forthcoming for future events and concerts. At the request of the City Manager, they are establishing an Arts Task Force. There will be representatives from the Council, the Bradley County Commission, Mainstreet and various downtown property owners to lend expertise and help the art community grow. HEARING PETITIONS AND COMMUNICATIONS Councilman Cassada moved to excuse Councilman Hughes from today’s meeting. The motion as seconded by Councilman Webb; and upon roll call, unanimously passed. CONSENT AGENDA Councilman Webb moved to approve the following item from the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, the consent agenda was unanimously passed. • Resolution 2021-87 - Authorizing the Mayor to sign the driver safety awareness grant contract with the Tennessee Department of Safety and Homeland Security Tennessee for community-based traffic safety enforcement and education. RESOLUTION 2021-87 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2022 STATE OF TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY DRIVER SAFETY AWARENESS GRANT p. 406 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -406- MINUTE BOOK 30 WHEREAS, the State of Tennessee Department of Safety and Homeland Security through the Tennessee High is sponsoring competition for $23 million in federal grant funds to be distributed statewide from the National Highway Traffic Safety Administration for the 2021-2022 Federal Fiscal Year. Grant funding is available for traffic safety programs, public awareness campaigns, impaired driving, highway safety education, occupant protection, speed enforcement as well as pedestrian and bicycle safety; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to accept the grant funding, and authorize the Mayor to sign the same, as well as to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant awarded to the City by the Tennessee Department of Safety and Homeland Security. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor and City staff be authorized to sign and accept the grant with the State of Tennessee Department of Safety and Homeland Security on behalf of the City of Cleveland for the grant described herein. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland that the Mayor is authorized to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Safety and Homeland Security. Adopted this 27th day of September 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk UNFINISHED BUSINESS The following Zoning Ordinance was then presented in full: • Final Passage - Zoning Ordinance 2021-29 – heretofore passed on first reading September 13, 2021 and found in Minute Book 30, Page 398; Rezoning 13.9 acres, more or less, located on Pleasant Grove Church Rd SW (Tax Map 56 Parcel 62.00) from CH Commercial Highway Zoning District to PUD 31 Planned Unit Development Zoning District (Planning Commission: Approved 9-0). Councilman Cassada asked for clarification on side setbacks pertaining to this ordinance. The current ordinance states 5’ which is not our current standard and he feels it is important to protect residents and the property lines. He can’t support the 5’ side setback. Vice Mayor Johnson stated the Planning Commission approved this item 9-0 with the 5’ side setback and asked if they considered this particular setback. Councilman Cassada stated they ruled out cluster homes but here we are with 5’ side setbacks. Councilman Estes stated at the last Planning Commission meeting the discussion was pertaining to King Den Drive development, which was not a PUD. The power of a PUD, like this zoning, gives the city the ability to require sidewalks, a few esthetically connected items and allows us to negotiate with developers. We need housing. When you buy a piece of property, typically are given a drawing of the lot so you know the setbacks, lot size and where property lines are. Councilman Cassada added we are setting a precedence in our community. This PUD does include sidewalks and he supports development in our community. He wants to make sure people understand and it is clear this is a 5’ side setback. Councilman May stated this is happening in other communities. Is it wrong? That is debatable. Councilman Estes stated having staff hear these concerns now going forward they can be sensitive to the lot lines going forward. Councilman Webb stated when it is a PUD Cleveland p. 407 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -407- MINUTE BOOK 30 Utilities does sign off on the design for the facilities. Mr. Jobe stated with a PUD we can negotiate amenities for the development, like sidewalks for a denser lot. Councilman Webb then moved that Zoning Ordinance 2021-29 be approved for final passage. The motion was seconded by Councilman May. Upon roll call, Councilman Webb, Councilman May, Councilman Estes, Councilwoman McKenzie, and Vice Mayor Johnson voted aye. Councilman Cassada voted no. The motion passed 5:1. Mr. Fivas stated this is an ongoing discussion with dense communities and it is something that we will continue to look at. We try to take everything in and try to bring the strongest level of quality design to the neighborhood that we can. We want solid property values in the future. We have density to give so we can get sidewalks and additional green space. Councilman Cassada stated he is not opposed to development of property and neighborhoods. He just wants to make sure people are aware of the setbacks. Cleveland needs to be a leader and set precedence. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Webb thanked city staff and Cleveland Utilities for upgrading the traffic signal at the APD40/Blackburn Road intersection. Vice Mayor Johnson congratulated the Chief Gibson and the Cleveland Police Department on their TML Award. He appreciates Chief Gibson’s statement that the department is focused on creating a cultural of professionalism, through creating police recruitment strategies, continue training and encouragement with a high degree of integrity to serve the citizens of Cleveland and to improve relationships with the citizens they serve and to find methods of excellent communication skills. Police are sometimes the first impression of our City. That is the time for professionalism and common sense. Mayor Brooks echoed the congratulations. Councilman Estes congratulated Mayor Brooks on his appointment to the TML Board. He also thanked Commissioner Cindy Slater for her work on the Bradley County Commission, specifically the ARPA Funds. Councilman Cassada echoed congratulations to Mayor Brooks and to Chief Gibson and Chief Gaylor as well and appreciates their service to the community. Lastly, several months ago he mentioned the Museum was taking a turn and if you look at the financials now, they have reduced staff from eleven to seven and now three. They are more profitable and have funds in the bank. Several events are being held weekly and monthly and feels they will be successful. He then thanked Lucy Rymer and the Board Members for working together to put the Museum in a stronger position and successful in the community. Mayor Brooks thanked everyone for their kind words about his TML appointment. He continued it was wonderful to see Chief Gibson and the Cleveland Police Department recognized at TML. Also, it was enjoyable to be surrounded by the memory of Mayor Emeritus “The Legend” Rowland. Several colleagues were there attending classes and it was a very educational and informative session. Lastly, TDEC announced the developers of Sanda Hosiery Mill received a $300,000 redevelopment grant and the developers and builders of the Fillauer House received $65,000 grant. NEW BUSINESS AND ORDINANCES Mr. Fivas stated during today’s Work Session we covered the Census recount process options, the redistricting process, and the challenges, the pending 2021 pending tax appeals that effect City of Cleveland Budget and the American Rescue Plan Act Funds. He did not mention housing. The rules that are coming out are opening opportunities for affordable housing, which opens opportunities to change blighted properties and turn them into productive properties. It is interesting and exciting the see the ideas and the change it can bring to the community. p. 408 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -408- MINUTE BOOK 30 Mr. Fivas then presented the following memo and resolution. p. 409 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -409- MINUTE BOOK 30 RESOLUTION 2021-88 A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR THE FY2022 BUDGET WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2022 City Budget; and WHEREAS, the City Budget contains the “Authorized Employees By Fund, Department, and Position Classification” and the “Schematic List of Classes Grouped by Grade”; and WHEREAS, the City Manager is recommending that the City Council approve of modifications to these lists as set forth in the City Manager’s memorandum to the Mayor and City Council dated September 27, 2021 which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located in the FY2022 City Budget is hereby amended to reflect the changes included in the attached memorandum. Section 2. City staff is recommending approval of the ‘Classification & Compensation Study’ policy changes and cost implementation. This will be retroactively implemented to July 1, 2021. The approval would also authorize City employees to implement a one-time $2,000 COVID bonus for each full-time employee as of October 1, 2021. The City Council deems that all of the City’s full-time employees are essential employees as defined by APRA and other COVID funding. [Classification and Compensation Study attached at end of discussion.] That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 27th day of September, 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Mr. Fivas stated every year we look at salaries and the Council, for the last eight years, has given 3.5% increases to all city employees. The Council decided they were going to stick with our current salary plan and by making decisions consistently it made us competitive in the market and our benefits and retirement are seen as a huge opportunity. We don’t have to be the highest paying organization, but we have to make sure we are competitive in the market to get our fair share of quality employees, which we have historically done. Briefly, it is in our personnel policy to do a study every five years. We need to do it much more than five years to stay consistent and looking at the data. We hired a consultant, Management Advisory Group or MAG, to look at how we are doing and our current grade/step grid system. We have gone to a more simplified system that is connected to software, that on any day we can track for how long someone has been in a position that we know where that person should be and then we can look at their salary and say are we above or below what that salary is. Using technology to help us make it happen. Mr. Fivas then reviewed the final report of the study in detail. The consultant looked at all the job titles, reviewed salary information from similar organizations and revised the classification plan and policies. Mr. Fivas stated he feels that 99% of positions were elevated, as far as their starting pay. That is important. We are just trying to look at the bands, making sure p. 410 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -410- MINUTE BOOK 30 they fit with all the other organizations and how to transition to the new plan. The methodology used was collecting employee information, reviewed class/job descriptions, identified the benchmarks, as well as a market review. The compensation philosophy is where do we want to be as a community. We want to continue to have very strong benefits and retirement benefits. We feel that is a tool to retain our talent. The study discusses compensation policies, recommendations and how promotions work. Example, from a Police Sergeant to a Lieutenant, it is a straight 5% increase. The previous pay plan was complicated and difficult to follow. This is straight forward with a little more flexibility. Included in the documents are reclassification and promotion policies, temporary assignments and hiring practices. A finding was that after the Council had been given a 3.5% step increase consistently, it helped us. We found that some of our employees that have higher salaries they got the benefit of the 3.5% whereas, the employees at the bottom that are starting out they didn’t move along fast enough like they should have. The study makes the correction to get them to the salary they should be up to. One key point I’ve been asked was does this study get or keep the Council out of salary increases with the annual budget. No, it doesn’t. The Council can offer the opportunity for COLAs and merit increases. The compensation study is just correcting where the market is or where it is not. Next spring when we are looking at the budget, we’ll probably have some formula of a COLA or merit increase. Different options will be given to the Council. We want to still want to be around the 3.5% because it paid dividends for us. Obviously, it depends on the financial situation at the City, but we are very proud of where we are at right now financially. Employees will still have the opportunity every July 1 at least to have increase if the Council agrees and the financial situation arises. With the approval of the documents before you, we will immediately implement any changes and recommend retroactive pay to July 1, 2021 so employees get the full benefit of this fiscal year. We also would like the Council to consider with the motion and as a part of the resolution is a one-time COVID bonus for full-time employees of $1,000 with the APRA funds. We anticipate receiving the funds before the holidays and issue checks. Councilman Webb stated he likes the market value approach. He has always been an advocate of compensating employees based on what the market was for the job they are doing. It is good that the new plan has some flexibility in it dealing with merit increases or cost-of-living allowances that we didn’t necessarily have in the old plan. Our employees have done a remarkable job keeping the operation running since the pandemic began. They have gone after criminals, fought fires, kept the roads up, kept parks operating under the restraints we had. The employees have done a remarkable job, they waited on customers that came in to pay taxes and he wants to thank the city employees. This thing has lasted much longer than anyone ever anticipated. We are going on two years. We are still dealing with this and its negative impact on services they can perform, and they are doing a great job under the restraints. We have seen the brutal inflation during this time. It has affected all of us. He would like to look at giving more than $1,000. If this was just one year, but since it has been two-years he would like the Council to consider $2,000. Councilman Cassada stated whatever funds we get in we are not exceeding the amount. He is unclear of the amount we are to receive. Also, the compensation study doesn’t affect one department or one level, it is touching everybody. Councilman Estes asked if a tax collector an essential employee. Mr. Fivas stated the Council would have to deem them all essential employees. Councilman Webb stated every employee we have is essential. Councilman Cassada asked for Mr. Fivas to respond to his question. Mr. Fivas stated the new pay plan has a new pay range but 99% of all the pay ranges went up. Sometimes it depends on how long you’ve been in the position. Some would get a small adjustment, and some would get no adjustment, but all the pay ranges went up, which would continue to move out further. Councilman Cassada asked if we have funds for the $2,000 bonus. Mr. McKay stated we would use a portion of the money from the Federal Government ARPA funds, which is an allowable use. We are estimated to receive $9.7M. Councilman Cassada asked if it can be used for other things, like infrastructure. Mr. McKay stated it must be tied to COVID or COVID response, which this would be. You can’t just pave a road. Councilman Estes added he appreciates city staff recommending to retroacting this back to July 1. Councilman May added we have the best employees of any government. Without them, we can’t do anything. p. 411 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -411- MINUTE BOOK 30 Councilman Webb then moved that Resolution 2021-88 be amended to increase the one- time COVID bonus to $2,000 instead of $1,000 and to deem that all the City’s full-time employees are deemed essential employees as defined by APRA and other COVID funding. The motion was seconded by Councilman May. Councilman Estes asked how many full-time employees. Mr. Fivas responded about 350. Vice Mayor Johnson asked if we had some employees that did not work or some departments that completely shut down or worked part- time. Mr. Fivas responded no. There were a few employees that could do their job from home that continued to work and got their responsibilities completed. He is not aware of a situation where people weren’t working somewhere. Vice Mayor Johnson asked if any were laid off. Mr. Fivas stated no. Councilman Webb added some employees became exposed to the virus and had to use their sick leave to be away from the job. Councilman Cassada thanked staff for bringing forth a bonus for employees. Vice Mayor Johnson stated he is not opposed and realizes there has been hardships for employees and a lot of other people. Upon roll call the motion was unanimously approved. p. 412 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -412- MINUTE BOOK 30 p. 413 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -413- MINUTE BOOK 30 p. 414 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -414- MINUTE BOOK 30 p. 415 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -415- MINUTE BOOK 30 p. 416 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -416- MINUTE BOOK 30 p. 417 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -417- MINUTE BOOK 30 p. 418 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -418- MINUTE BOOK 30 p. 419 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -419- MINUTE BOOK 30 p. 420 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -420- MINUTE BOOK 30 p. 421 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -421- MINUTE BOOK 30 p. 422 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -422- MINUTE BOOK 30 p. 423 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -423- MINUTE BOOK 30 p. 424 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -424- MINUTE BOOK 30 p. 425 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -425- MINUTE BOOK 30 p. 426 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -426- MINUTE BOOK 30 p. 427 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -427- MINUTE BOOK 30 p. 428 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -428- MINUTE BOOK 30 p. 429 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -429- MINUTE BOOK 30 p. 430 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -430- MINUTE BOOK 30 p. 431 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -431- MINUTE BOOK 30 p. 432 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -432- MINUTE BOOK 30 p. 433 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -433- MINUTE BOOK 30 p. 434 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -434- MINUTE BOOK 30 p. 435 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -435- MINUTE BOOK 30 p. 436 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -436- MINUTE BOOK 30 p. 437 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -437- MINUTE BOOK 30 p. 438 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -438- MINUTE BOOK 30 p. 439 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -439- MINUTE BOOK 30 p. 440 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -440- MINUTE BOOK 30 p. 441 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -441- MINUTE BOOK 30 p. 442 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -442- MINUTE BOOK 30 p. 443 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -443- MINUTE BOOK 30 p. 444 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -444- MINUTE BOOK 30 p. 445 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -445- MINUTE BOOK 30 p. 446 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -446- MINUTE BOOK 30 p. 447 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -447- MINUTE BOOK 30 p. 448 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -448- MINUTE BOOK 30 p. 449 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -449- MINUTE BOOK 30 p. 450 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -450- MINUTE BOOK 30 p. 451 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -451- MINUTE BOOK 30 p. 452 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -452- MINUTE BOOK 30 p. 453 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -453- MINUTE BOOK 30 p. 454 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -454- MINUTE BOOK 30 p. 455 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -455- MINUTE BOOK 30 p. 456 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -456- MINUTE BOOK 30 p. 457 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -457- MINUTE BOOK 30 p. 458 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -458- MINUTE BOOK 30 p. 459 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -459- MINUTE BOOK 30 p. 460 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -460- MINUTE BOOK 30 p. 461 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -461- MINUTE BOOK 30 p. 462 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -462- MINUTE BOOK 30 p. 463 REGULAR SESSION SEPTEMBER 27, 2021 PAGE -463- MINUTE BOOK 30 Mayor Brooks stated the next item is a partnership with Cleveland City Schools for Work-Base Learning Program (Career and Technical Education). Mr. Fivas stated he didn’t feel this would require a motion, but we could meet to discuss opportunities. We want to make sure we don’t have people showing up where we don’t have the mentorship they need. We need to look at what experiences we can give and what would be beneficial to make the greatest impact. ANNOUNCEMENTS Mayor Brooks announced the following: • City Offices will be closed Monday, October 11, 2021 in observance of Columbus Day. • The City Council meeting will be cancelled for Monday, October 11, 2021. • The next City Council meeting will be held on Monday, October 25, 2021. There being no future business the meeting was adjourned at 4:35 p.m. _________________________________ __________________________________ Mayor Cit Clerk