Cleveland City Council

p. 480 REGULAR SESSION NOVEMBER 8, 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, NOVEMBER 8, 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., Dale Hughes, Ken Webb, and Councilwoman Marsha McKenzie. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Corey Divel, Assistant to the City Manager; 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; Jonathan Jobe, DES Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Mike Griffin and Doug Berry with the Chamber of Commerce; Chris Townsend; Tim Rader; Mallory Howard; Jonathan Wills; Joy Fleming; Roger Elliott; Jennifer and Kenton Ebeck; Sara Meals; Daniel Wiedenhoeft; Kristi Hooker; Cindi Richardson and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman 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 October 25, 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 Chris Townsend with Southeast Land Trust addressed the City Council concerning PUD25 and improvements at Paul Huff and Peerless Road. He then asked Mr. Fivas for clarification of the Phase 3 Paul Huff/Peerless Road intersection improvement project which was previously discussed during the Work Session. Mr. Fivas stated Phase 3 is the Peerless Connector which is sidewalks connecting the area behind McAlister’s. Mr. Townsend then stated he would like to discuss intersection improvements at Paul Huff and Peerless Road. The city has expressed a desire to obtain property that they own for the improvements. They have not been able to have much dialogue with city administration and asked if the city still had a need for the property. Mr. Jobe replied yes. Mr. Townsend then asked if a meeting could be scheduled this week to discuss moving forward with the acquisition of the property. Mr. Fivas stated we are currently obtaining an appraisal on the property. The Council has approved an agreement and we are willing to meet anytime. Mr. Townsend stated he has tried to schedule meetings over the past three months with no success so hopefully a meeting will be scheduled for this week. Mallory Howard addressed the City Council regarding flooding on Hiwassee Avenue. She thanked everyone for helping to address the flooding issues and she asked the Council and staff to remember all the effected neighbors as well. She is willing to address any questions to help the process along. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone .67 acres, more or less, located 912 Fairmont Ave NW (Tax Map 49F Group H Parcel 28.03) from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District (Planning Commission: Denied 9-0). Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning request. Jonathan Wills, who lives at 914 Fairmont Ave NW stated Fairmont Avenue is a quiet street with mostly owner-occupied homes, who have lived there years and some, decades. The rezoning of this property would impact their quiet residential neighborhood. Within the larger neighborhood area there are only five areas that are p. 481 REGULAR SESSION NOVEMBER 8, 2021 PAGE -481- MINUTE BOOK 30 not designated R1. Largely, this is a single-family home neighborhood. He has lived at his residence since 2015. Mr. Scott Wright, who currently owns 912 Fairmont, recently purchased the property for $256,000 which is higher than most of the properties in the neighborhood. He immediately sought rezoning of the property with the intention to divide the structure into a three 2-bedroom structure. Since this request was submitted, Mr. Wright has acted out of bad faith that has not won points with the neighborhood. On the morning the rezoning request was to be heard before the Planning Commission, contractors were on site adding a wall in the garage. The building inspector visited the site and told to stop, but work resumed as soon as the inspector left. The next day inquiries were made if any issued building permits, and none had been issued. The contractors were told to stop work again on October 21. Again, on October 28 work began even though the stop work order had not been lifted. Even this morning workers were on site, still under a stop work order and no building permits had been approved. As a neighborhood we have several concerns. Mainly, the increase in traffic and limited parking. The road is a simple side street. Mr. Wright is proposing to use grass pavers for additional parking. Secondly, the home is 2,340 square feet. Making it three spaces makes it roughly 800 square feet. Mr. Wright has noted it is a unique design in the house and the square footage is not equally divided. That square footage appeals to college students and young adults. Another concern is what happens if the property is sold. If this property is rezoned it would allow two four-unit structures on the property. Lastly, what precedence would this rezoning set. If we agree to the rezoning what is to stop a future City Council to change the dynamic of the neighborhood. We have to think about our actions and the ramifications. Mr. Wrights request opens the door for other properties to be rezoned. Mr. Wills stated his personal concern is the safety of his mother and pets and noise in the area. Also, if the City Council denies the rezoning, he is concerned Mr. Wright will continue to modify the house and rent it as a duplex. He feels it is a means to backhand into a duplex or strong-arm the City Council for approval. Daniel Wiedenhoeft, who lives at 906 Fairmont Ave stated he also feels Mr. Wright has acted in bad faith, particularly when he was told he wanted to build two quadplexes on the lot. Mr. Wright has distributed flyers that said he would like to make the property a duplex which he feels is a lie; therefore, he is opposed to the rezoning. Roger Elliott, who lives at 1104 Fairmont stated they are opposed to the rezoning. The neighborhood is very quiet and not much traffic. He also feels Mr. Wright is trying to get this pushed through any way he can and not operating in good faith. They do not want the dynamic of the neighborhood to change and by approving this could open the door for other rezoning’s. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following item from the Consent Agenda. The motion was seconded by Councilman Webb; and upon roll call, the consent agenda was unanimously passed. • Final Passage - Zoning Ordinance 2021-30 – heretofore passed on first reading October 25, 2021 and found in Minute Book 30; Page 477; rezoning 1.1 acres, more or less, located on 1st St NW and 2nd St NW (Tax Map 49N Group H Parcel 4.00, 5.00, 13.00, 15.00 & 17.00) from MU Mixed Use Zoning District to CBD Central Business Zoning District (Planning Commission: Approved 7-0; 2 absent). • Resolution 2021-92 – Authorizing the purchase of playground equipment for Stuart Park and Mosby Park through the Omnia Partners Government Purchasing Alliance. RESOLUTION 2021-92 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE PLAYGROUND EQUIPMENT TO BE INSTALLED AT STUART PARK AND MOSBY PARK THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT #2017001134, AS AMENDED, WHICH IS ADMINISTERED BY OMNIA PARTNERS PUBLIC SECTOR (U.S. COMMUNITIES) GOVERNMENT PURCHASING ALLIANCE FOR CHARLOTTE, NORTH CAROLINA IN AN AMOUNT NOT TO EXCEED EIGHTY-EIGHT THOUSAND NINE HUNDRED NINETY-NINE AND 47/100 ($88,999.47). p. 482 REGULAR SESSION NOVEMBER 8, 2021 PAGE -482- MINUTE BOOK 30 __________________________________________________________________ WHEREAS Tennessee Code Annotated § 12-3-1205 provides that any municipality may participate in, sponsor, conduct, or administer a “cooperative purchasing agreement” for the procurement of any supplies, services, or construction with one (1) or more other local governments in accordance with an agreement entered into between the participants, including governmental entities outside this state; and WHEREAS, the Master Intergovernmental Cooperative Purchasing Agreement (“MICPA”) to provide playground equipment, surfacing, site furnishings and related products and services between PlayCore Wisconsin, Inc. dba GameTime (“Company”) and Charlotte, North Carolina (“Lead Public Agency”) in cooperation with Omnia Partners Public Sector (U.S. Communities) Government Purchasing Alliance on behalf of the Lead Public Agency and any Participating Public Agency, which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of playground equipment pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative Purchasing Agreement provided that it adopts a resolution accepting the terms of the Master Agreement and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City Council previously adopted Resolution 2018-69 to comply with the resolution requirement; and WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered on-line with Omnia Partners Public Sector (U.S. Communities) at https://public.omniapartners.com/us-communities-an- omnia-partner which allows the City of Cleveland to enter into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements and facilitate access to the Master Agreement and the Company under Contract #2017001134, as amended, held by Charlotte, North Carolina as required by Tennessee Code Annotated § 12-3-1205 (a)(1). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the City of Cleveland be and is hereby authorized to purchase playground equipment to be installed at Stuart Park and Mosby Park as a participating public agency under MICPA Contract #2017001134, as amended, held by Charlotte, North Carolina as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through the Omnia Partners Public Sector (U.S. Communities) Government Purchasing Alliance, for a total amount not to exceed $88,999.47 to be used by the Recreation Department for the City of Cleveland and its citizens. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-93 – Authorizing an application to TDOT for the Transportation Alternatives Grant funding for Gaut Street area sidewalks (up to $1,500,000 with 25% city match). p. 483 REGULAR SESSION NOVEMBER 8, 2021 PAGE -483- MINUTE BOOK 30 RESOLUTION 2021-93 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION (TDOT) FOR TRANSPORTATION ALTERNATIVES (TA) GRANT FUNDING FOR GAUT STREET AREA SIDEWALKS AND RELATED IMPROVEMENTS PROJECT WHEREAS, the City of Cleveland was previously awarded Transportation Alternatives (TA) funding program for the construction phase of a project described as the “Gaut Street Area Sidewalks and Related Improvements project” but was unable to complete the environmental, design, and ROW phases prior to the deadline for TA construction funding obligation which resulted in its surrender of the TA award for project construction; and WHEREAS, the City of Cleveland has continued to move forward with the environmental, design, and ROW phases of the “Gaut Street Area Sidewalks and Related Improvements project” and now desires to apply to the Tennessee Department of Transportation (TDOT) for TA funding for construction of the project, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application for TAP funds is hereby endorsed for the “Gaut Street Area Sidewalks and Related Improvements project” with a total construction cost of up to $1,500,000 and a City of Cleveland matching share of 25% of the total construction costs. The Mayor is authorized to sign a letter to that effect as well as any related grant contract or documents for the purpose of securing these funds. 2. The City of Cleveland would be responsible for environmental, design, ROW, and utilities costs related to the project. Approved this 8th day of November, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-94 – Authorizing an application to TDOT for the Transportation Alternatives Grant funding for the Greenway Phase VI project (up to $2,000,000 with 20% city match). RESOLUTION 2021-94 RESOLUTION TO SUPPORT ACTIONS REGARDING AN EXISTING AWARD TRANSPORTATION ALTERNATIVES PROGRAM FUNDING BY THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE GREENWAY PHASE VI PROJECT AND SUBMISSION OF A NEW APPLICATION TRANSPORTATION ALTERNATIVES PROGRAM FUNDING FOR GREENWAY PHASE VI WHEREAS, the Tennessee Department of Transportation (TDOT) previously awarded Transportation Alternative (TA) program funding to the City of Cleveland for construction of a project described as the “Greenway Phase VI”; and WHEREAS, the City of Cleveland desires to work cooperatively with TDOT in its administration of the TA program by relinquishing its current award of TA funds for the p. 484 REGULAR SESSION NOVEMBER 8, 2021 PAGE -484- MINUTE BOOK 30 Greenway Phase VI project and re-applying for a new award of TA funds with a time schedule better matching the anticipated completion of project phases required prior to construction, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The existing award of TA funds for Greenway Phase VI is relinquished. 2. A new application for TA funds for Greenway Phase VI construction is authorized in an amount up to $2,000,000 with a City match to cover 20% of project construction costs, with the City being responsible for environmental, design, ROW, and utilities costs related to the project. 3. The Mayor is authorized to sign a letter to that effect as well as any related grant contract or documents for the purpose of carrying out this project. Approved this 8th day of November, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Surplus Property – Declaring certain property from the Cleveland Police Department and Animal Control as surplus and to be traded and/or sold on GovDeals. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: November 8, 2021 RE: Surplus Property SUMMARY: The Cleveland Police Department has requested the City Council declare the following as surplus property: • Eight FN303 Less Than Lethal Weapons (Serial Numbers: 001049, 001056, 001317, 001320, 001343, 001828, 001868, 001902). These weapons are no longer used by the department and will be traded for credit toward purchasing gear. • 2006 Ford F150 4X4 Animal Control vehicle (VIN: 1FTRX14W36NB52471). This vehicle will be sold on GovDeals. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: No fiscal impact. RECOMMENDATION: City staff recommends approval of this item. p. 485 REGULAR SESSION NOVEMBER 8, 2021 PAGE -485- MINUTE BOOK 30 • Motion – Council’s consideration of appointing students to the Cleveland Youth Advisory Council. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: November 8, 2021 RE: Cleveland Youth Advisory Council Appointments SUMMARY: The City Council approved establishing the Cleveland Youth Advisory Council. The criteria are 9th to 12th grade and a City resident. The City has received 5 additional applications for membership on the Youth Advisory Council. This makes a total 31 total members. The Youth Advisory Council will have their first meeting on November 9th at 7pm in the City Council Chamber. The City will follow protocols to have parents of the Youth giving authorization for participation in these meetings. These will be public meetings. In discussing options for projects with some Council members, they have suggested initially giving the Youth Council the project of preparing a presentation to the Mayor and City Council on what entertainment options the City is lacking to assist in retaining our talent. The Youth Council will also develop their own public service projects and topics to present to the Mayor and City Council. Appointments to the Cleveland Youth Advisory Council: Mayor Brooks: Kyndall Randolph Vice Mayor Johnson: Teigan Cassada Councilman Ken Webb: Emma Cox Councilman Cassada: Kyndal Parker Councilman May: Braden Malone COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends approval of the appointments and the initial project. p. 486 REGULAR SESSION NOVEMBER 8, 2021 PAGE -486- MINUTE BOOK 30 • Motion – Authorizing the Mayor to sign a contract amendment for the 2022-2023 MPO Planning Grant. • Motion – Avery Johnson Park Pavilion Change Order. TO: Mayor and City Council FROM: Bryan Turner, Assistant DES Director DATE: November 8, 2021 RE: Avery Johnson Park Pavilion – Change Order SUMMARY: The work on the pavilion at Avery Johnson Park is nearing completion, and there is a final change order for additional work totaling $21,916.14. This includes the addition of an epoxy floor coating in the restrooms and some minor carpentry and millwork. This work is detailed in three separate invoices for review. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: The City will spend $21,916.14 for this change order. p. 487 REGULAR SESSION NOVEMBER 8, 2021 PAGE -487- MINUTE BOOK 30 RECOMMENDATION: City staff recommends the City Council’s consideration of the approval of this change order. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Webb stated after the discussion during the Work Session concerning future bond issues, he is in favor in moving as quickly as we can in addressing traffic issues and also, get ourselves in a position where we are moving forward on the bond issue that will be required. Councilwoman McKenzie thanked Keep America Beautiful for the tire cleanup at the Tom Rowland Interchange. Councilman Estes thanked Mr. Fivas and Councilman Webb for putting the time in attending the ARPA webinar and learning ways to use the funds. Also, he is in favor of moving funds from the Greenway to the Gaut Street project. He is also appreciative for the playground equipment at Mosby Park and glad it is moving forward. Councilman May stated several Councilmembers visited the Bradley County Sheriff’s Office to see the new scanner, which we funded a portion. He was impressed with the equipment, the Sheriff and the staff that showed how it operated. Mayor Brooks stated an online viewer has requested that the stormwater drains be cleaned near 1400 Stuart Road. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2021-31 -– Rezoning .67 acres, more or less, located 912 Fairmont Ave NW (Tax Map 49F Group H Parcel 28.03) from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District (Planning Commission: Denied 9-0). ZONING ORDINANCE 2021-31 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re- zoned from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District. Approximately .67 acres, more or less, located at 912 Fairmont Ave as shown on the attached map. For reference, same property is being shown Tax Map 49F Group H Parcel 28.03, in the Assessor’s Office for Bradley County, Tennessee BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. p. 488 REGULAR SESSION NOVEMBER 8, 2021 PAGE -488- MINUTE BOOK 30 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman May moved that Zoning Ordinance 2021-31 be denied on first reading. The motion was seconded by Councilman Estes; and upon roll call the motion was unanimously approved. The following memo was then presented in full: • Motion – Council’s consideration of the purchase of 1.5 acres of property along Candies Lane. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: November 8, 2021 RE: City Property Purchase SUMMARY: City staff is working on a purchase agreement for a potential property purchase on Candies Lane at Tax Map 041 005.05 000 in the Bradley County Tax Assessor’s Office and as shown in Deed as recorded in Deed Book 2332, Page 645 in the Register's Office of Bradley County, Tennessee. The property is approximately 1.5 acres and is located along Candies Lane. This approval would allow the City staff to develop a purchase agreement to purchase for not greater than $40,000 and have the Mayor execute the document when completed. The City will use attorney Travis Henry to assist in our due diligence and potential closing documents. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: The City could spend up to $40,000 for the purchase. p. 489 REGULAR SESSION NOVEMBER 8, 2021 PAGE -489- MINUTE BOOK 30 RECOMMENDATION: City staff recommends the City Council’s consideration of the approval of allowing the Mayor, along with the City Attorney and staff, to negotiate a and sign purchase agreement of the property for a cost not to be greater than $40,000 for Tax Map 041 005.05 000 in the Bradley County Tax Assessor’s Office and as shown in Deed as recorded in Deed Book 2332, Page 645 in the Register's Office of Bradley County, Tennessee. Councilman Cassada moved to approve the property purchase on Candies Lane. The motion was seconded by Councilman Hughes. Councilman Webb asked if the approval was in hand from the State on the grant we received could be transferred to this property. Mr. Fivas replied it has been communicated verbality. They would like us to resubmit the documents, which we are in the process, but no final approval documents since they have asked us to resubmit the documents. Councilman Webb entered a substitute motion that we purchase the property as proposed but the purchase agreement be contingent upon final approval from the State that we can apply the grant funds to a park on that property. The motion was seconded by Councilman May. Mr. Fivas stated this item is allowing the Mayor and Staff to pull together the agreement to purchase the property with a closing date towards the end of December. We would like to have a dialogue with the State to ensure we don’t lose the property if they are going to have additional administrative items that takes several months. If you will, let us get the final package done and bring back on December 13 and then decide if that’s where you want to go. We could have further information from the State at that point. The property agreement is currently drafted to close on the 15th of December. Councilman Webb and Councilman May rescinded the substitute motion. Mr. Fivas stated the documents would come before you on December 13 for final approval. Councilman Cassada amended his motion to bring the final documents to the December 13 meeting for final approval. Councilman Hughes seconded the amended motion. Upon roll call, unanimously passed. Councilman Cassada moved to name the future park in north Cleveland off Candies Lane Jim Sharp Park. Mr. Sharp has been a great influence in the community as well as the third district and a good friend to the City of Cleveland. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman Cassada then stated he would like to discuss the building at 775 Raider Drive, next to the Greenway Park. An individual in our community would like to gift this property to the City for city use. We have grown and this building could be used as a one-stop shop. He understands the Police Department has outgrown their building and as our services continue to grow here, he would like to have another location to service the public that is a neutral location in the center of Cleveland. He then asked that the minutes from November 28, 2011 where it was previously discussed be included in the minutes. ….Councilman Hughes continued that he feels that we should accept the bank building located on Raider Drive. He then moved to accept the gift of the First Tennessee bank building, if it is offered, with no restrictions. The motion was seconded by Councilman Poe. Councilman Estes asked if it had been offered with no restrictions. Mayor Rowland stated the only restriction he was aware of was that it should be used for city offices. Councilman May stated he didn’t have a problem accepting the building with no restrictions. Councilman Estes stated he is hesitant without seeing something in writing. Councilman May stated he did not want to tie future Council’s hands. Councilman Hughes stated we should accept with no restrictions and if Mr. Preston wants restrictions he can counter back then we can look at it again but we should accept this building. Upon roll call the motion unanimously passed. There was some discussion concerning restrictions and if Mr. Preston says he wants restrictions/conditions then the Council will have to discuss it further and have another vote. Councilman Hughes stated he just feels we needed to p. 490 REGULAR SESSION NOVEMBER 8, 2021 PAGE -490- MINUTE BOOK 30 accept the building before it is taken off the table and this also will give us some direction. Councilman Cassada continued there was an impression that City Hall would be moving to this building. The information he has received, correct me if I am wrong, Mayor Brooks now has a document from Mr. Preston that says zero restrictions. Mayor Brooks stated correct. Councilman Cassada continued this is a gift. A gift that’s probably over $10M. We couldn’t build this building and for us to spend a little money to get it up to speed where it needs to be to service our people. He would like to discuss further to determine if we are willing to accept it with zero restrictions, especially from those Councilmembers that were here in 2011. Vice Mayor Johnson stated at that time his thoughts where we could at least get the city departments setup for a one-stop shop. It would be convenient but after discussing with Mainstreet Cleveland and their work keeping businesses downtown and revitalization. He understands what they are saying but he still thought it would be a better location for all that the City is doing. We have outgrown our location at City Hall. At that time, we couldn’t ask for anything any better. Councilman Cassada stated he feels it is very important and viable to keep City Hall downtown. The intent is like a “branch” of the city government. Councilman May stated before we go further, we need a feasibility study. The building has been vacant for a number of years. Heating and cooling could be a problem and we will lose property tax dollars as well. Is the amount of money we will put into the building make it feasible for any type of city operations? Councilman Webb stated he would need to see a feasibility study and what it would take to bring the building up to code and what would be the ongoing cost. He thinks we need to be careful, especially when we are asking people to make sizable investments downtown. The first step should be a study on what the impact would be to our budget. Councilman Hughes stated when this first came up in 2011, he looked up the utilities, which were very high. It has been said its hard to heat and cool. His concern, if everything is good with the building and the feasibility study is good for Cleveland, he would like the attached property to go along with the building, as a combination gift. Councilman Estes stated the Webb Building, the Moore Building and then we buy the Cherokee Hotel, we are in commercial real estate, and we help the City. The parking lot and the adjacent lot is what makes it valuable to us long term. The building itself is valuable and we could see a lot of uses for city government or city schools. You could lease out the first floor for the school credit union. Generate revenue. A feasibility study would show all this. This is a massive piece of land in the middle of town, and someone wants to give it to us. If there is a document with no strings, then we should see it. That was the difficulty last time, it was always verbal. Councilman Hughes stated this building was given to Bethel College and it was returned to Mr. Preston. Did they have complications? Groundwork needs to be done and he is glad to hear Councilman Cassada say he is not trying to move City Hall. Last time that was the string attached that City Hall be moved and people didn’t want to move. Mayor Brooks stated he will make available the Deed of Gift document to the Council. Councilwoman McKenzie stated she agreed it should be looked into thoroughly, along with a feasibility study. Councilman Cassada stated for the city growing like it is and for us to build a building like this, it will have a huge price tag. There is a need to expand. It is good for the city and good use of taxpayer funds. It will cost to upgrade a few things, but he would hate to see this sit for a long time and for it to go away. We have a great opportunity to better serve our community. Mr. Kimball stated you must have a written resolution to purchase or accept a piece of property and adequate public notice. Councilman Cassada stated he would be open for a feasibility study under the condition it is on the next meeting agenda for us to go in either direction. Councilman May stated he will not vote today, as it needs to be on an agenda with adequate public notice. Councilman Estes asked if Mayor Brooks or Mr. Fivas would approach Mr. Preston about specifics and hammer out the details. We haven’t seen the document or discussion of the adjacent property. Mayor Brooks stated it has been requested by Councilman Cassada on the next agenda, December 13, would be a vote to begin a feasibility study for 775 Raider Drive. Vice Mayor Johnson stated he would like to see something in writing. Councilman p. 491 REGULAR SESSION NOVEMBER 8, 2021 PAGE -491- MINUTE BOOK 30 Cassada stated he would like the documents distributed to Council and would like on the next agenda under new business to accept the gift from Mr. Preston with no restrictions added and go from there. Councilman Estes stated this is a very kind and gracious offer from Mr. Preston. Councilman Hughes echoed Councilman Estes comments and added it is in the best interest of the City to obtain the adjacent property as well. Councilman Webb stated it is a generous offer, but we need to do our due diligence. The following Resolution was then presented in full: RESOLUTION 2021-95 RESOLUTION SUPPORTING APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE TRAFFIC SIGNAL MODERNIZATION PROGRAM GRANT APPLICATION WHEREAS, the Tennessee Department of Transportation (TDOT) is making competitive grants of up to $100,000 available through its Traffic Signal Modernization Program (TSMP) with applications due soon by December 1, 2021; and WHEREAS, Cleveland’s downtown traffic signals and signal-related infrastructure are outdated and could better support goals of safety and functionality for all users if improved, and the City of Cleveland desires to submit an application for TSMP program that will make a logical, incremental portion of needed improvements to signalized intersections and crossings in downtown Cleveland, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The development of a TSMP grant application for a grant amount of up to up to $100,000 is authorized, to be accompanied by a scope of work and budget and any other necessary paperwork. 2. The Mayor is authorized to review and approve a logical scope of work for the application that will stay as close as possible within the $100,000 grant limit but the City agrees to pay any overage needed to implement the project. 3. The Mayor is authorized to sign any related grant contract or documents for the purpose of carrying out this project. Approved this 8th day of November, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution 2021-95 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Councilman May moved to confirm an additional $40,000 city match funding for the RAISE 2021 Grant for the East-West Connector Corridor Plan if the grant is awarded. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 492 REGULAR SESSION NOVEMBER 8, 2021 PAGE -492- MINUTE BOOK 30 ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on Monday, December 13, 2021. • Holiday Schedule: City offices will be closed as follows: • Thursday, November 11 in observance of Veterans Day. • Thursday, November 25 and Friday, November 26 due to the Thanksgiving Holiday. (No November 22nd Council meeting due to the Thanksgiving Holiday). • Thursday, December 23 and Friday, December 24 for the Christmas Holiday (Due to the Christmas Holiday Week, the December 27th meeting will be cancelled.). • Friday, December 31 and Monday, January 3 for the New Year’s Holiday Vice Mayor Johnson reminded everyone to attend the grand opening of Avery Johnson Park on November 20 at 10:00 a.m. There being no future business the meeting was adjourned at 4:46 p.m. _________________________________ __________________________________ Mayor Cit Clerk