Cleveland City Council

p. 651 REGULAR SESSION MAY 9, 2022 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, MAY 9, 2022 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; Beverley Lindsey, Assistant to the City Manager; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Chris Townsend; Cathy Andrews, CDBG Coordinator; Ben Berry with Berry Engineering; Paulette Pugh; Jessica Aubert 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: Councilman Cassada moved to excuse Councilman Dale Hughes from the meeting. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. 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 April 25, 2022 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 Estes moved to declare the service weapon of Sergeant Jeremy Noble as surplus property effective upon the date of his retirement and hereby given to him as a token of the City’s appreciation for his 30 years of dedicated service to the City of Cleveland’s Police Department. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Dr. Bill Seymour, President of Cleveland State Community College stated he appreciates the support over the years from the Council and Mayor Brooks to help Cleveland State transform their campus. He is thankful to finish his 43-year career working in the best community and the ability to work with local governments that make things happen and understand the value of a community college and how it serves this region. The new President, Dr. Ty A. Stone, will take over on July 1. Mayor Brooks thanked Dr. Seymour for his leadership capabilities and taking Cleveland State to never imagined heights over the years. Councilman Cassada also thanked Dr. Seymour for all he has done over the years for Cleveland State and the impact in the community. Chris Townsend addressed the City Council to again state his support and their interest in being a part of the redevelopment of downtown Cleveland. It is a great initiative, good for the city and happy to see the city taking action. He continued should the city choose to purchase property to facilitate it happening that is certainly the city’s discretion as they weight the best interest of the public. The individual or individuals that came forward to make that happen are providing a service to the city, specifically with 70 Inman Street or Roy’s Alternator. Mr. Townsend stated his issue is more with the process behind the purchase of that property. He then asked if the public had an opportunity to comment on Resolution 2022-36? Mayor Brooks asked for clarification on the resolution. Mr. Townsend replied on the April 25 agenda under new business it stated, City may consider the lease of property on Inman Street Corridor (Documents available prior to Monday). He asked his question again, did the public have an opportunity to comment on this topic. Mayor Brooks stated there are many actions taken by the City Council that don’t require a public hearing or comment. This was not an ordinance, simply an approval to lease/purchase the property. Mr. Kimball stated the open meetings law requires that the date, p. 652 REGULAR SESSION MAY 9, 2022 PAGE -652- MINUTE BOOK 30 time and location of your meetings be made public, that is done once a year, which is done by your Clerk, so everyone knows the City Council meets on the second and fourth Monday’s at 1:00 for the Work Session and 3:00 for the Regular Session, with the exception of an election year, where the first meeting in September is held at the Museum. Mr. Townsend stated the point of the question is before city tax dollars are spent on purchasing property, it may be a good idea for the public to be aware of what the Council is considering, and it be made known to the public. At the last meeting he requested not only the agendas for the meetings, but the supplemental documentation as well be provided to the public prior to the Monday meetings so the public could be informed. He appreciates their consideration. Mr. Kimball added there is an agenda email distribution list that anyone can request to be added by notifying Mrs. Brandon. Councilman Estes stated we all received the email from Mr. Townsend concerning the April 25 minutes and possible corrections. He will only point fingers at himself, but thinks they are all guilty at times saying things that are incorrect, that get in the minutes that are factually incorrect. He continued that the email documents Mr. Townsend submitted be placed in the minutes under Petitions. Councilman Cassada stated yes, he made that suggestion during the Work Session. Mayor Brooks stated he will submit the documents to Mrs. Brandon for the minutes. HEARING PETITIONS AND COMMUNICATIONS Documents submitted by Chris Townsend concerning the April 25 minutes. p. 653 REGULAR SESSION MAY 9, 2022 PAGE -653- MINUTE BOOK 30 p. 654 REGULAR SESSION MAY 9, 2022 PAGE -654- MINUTE BOOK 30 p. 655 REGULAR SESSION MAY 9, 2022 PAGE -655- MINUTE BOOK 30 p. 656 REGULAR SESSION MAY 9, 2022 PAGE -656- MINUTE BOOK 30 p. 657 REGULAR SESSION MAY 9, 2022 PAGE -657- MINUTE BOOK 30 Richard Burnette addressed the City Council concerning the purchase of 70 Inman Street and asked what action did the City of Cleveland take to evaluate if this had been a gas station? Mr. Fivas asked for clarification. Mr. Burnette asked what did you guys look for to determine whether this had been a previous, years ago, a service/gas station, what action did you guys take to determine that. Mr. Fivas replied they asked people in the downtown community if they’ve ever seen it to be a gas station and the people we asked had never, in their lifetime had seen it as a gas station. Mr. Burnette stated now that we know it was, if the property was ever demolished, what kind of environmental issues could result or come from that? Mr. Fivas stated he would have to determine on factors on what was actually in the ground. Mayor Brooks added there was a presentation during the Work Session that TDEC, according to their records, there are no tanks in the ground since they began keeping records. Mr. Burnette stated so even though it was a gas station, there should be no environmental issues. Mayor Brooks stated his impression from the letter from TDEC they have given an all clear. Councilman Cassada stated well, they don’t know if it’s been removed or not, but they are willing to use federal funds to come in and clean it up. If there are tanks in there, they will remove them at no cost to the city or taxpayers. CONSENT AGENDA Councilman Cassada moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Webb; and upon roll call, the consent agenda unanimously passed. Councilman Estes thanked Cathy Andrews for her work with the CDBG program. p. 658 REGULAR SESSION MAY 9, 2022 PAGE -658- MINUTE BOOK 30 • Final Passage - Zoning Ordinance 2022-05 – heretofore passed on first reading February 14, 2022 and found in Minute Book 30, Page 557; Rezoning 69.1 acres located on Old Powerline Rd NE and Durkee Rd NE (Tax Map 58 Parcels 34.00, 34.01, 4.00 & 5.00) from IL Light Industrial Zoning District to PUD33 Planned Unit Development Zoning District (Planning Commission: Approved 6-0; 3 absent) (City Council: 1st Reading, February 14, 2022; Approved 6-0; 1 absent). • Resolution 2022-37 – Approval of the 2022-2023 CDBG Annual Action Plan. RESOLUTION 2022-37 RESOLUTION FOR APPROVAL OF THE 2022-2023 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City of Cleveland, Tennessee will be receiving a CDBG annual allocation of an estimated amount of $375,000 for FY 2022-2023; and WHEREAS, public hearings were held on September 13, 2021, February 8, 2022 and February 15, 2022 to hear comments and input from the public. A draft was available on April 2, 2021 which began a thirty-day comment period ending on May 4, 2022. A copy of the Plan was made available at the Development and Engineering Services Office as advertised in the Cleveland Daily Banner on April 2, 2022; WHEREAS, comments made during public hearings regarding the Action Plan were received and reviewed by City staff; NOW, THEREFORE, BE IT RESOLVED, the 2022-2023 Action Plan be approved by the City Council, and be it further resolved that City staff authorized to submit the plan to the United States Department of Housing and Urban Development (HUD), and be it resolved that the Mayor is authorized to sign all grant agreements, contracts and certifications with HUD that are required to carry out the CDBG program described in the Action Plan. Approved this 9th day of May 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-38 – Authorizing the Mayor to sign amendment #1 with TDOT related to the Adkisson Drive NW project. RESOLUTION 2022-38 WHEREAS, the City has received the attached Amendment #1 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Adkisson Drive NW, from Paul Huff Parkway to south of Norman Chapel Road NW Agreement Number: 190097 Project Identification Number (PIN): 128789.00 Federal Project Number: STP-M-3660(10) State Project Number: 06LPLM-F3-064 p. 659 REGULAR SESSION MAY 9, 2022 PAGE -659- MINUTE BOOK 30 WHEREAS, the City Council desires to enter into the attached Amendment #1 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 1 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 9th day of May, 2022 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-39 – Accepting Shelterwood Drive (beginning at the north line of Tasso Lane and continuing for approximately 1500 feet) and Meadowbend Drive (beginning along the east line of Shelterwood Drive and continuing for approximately 940 feet) in the Heartland Planned Unit Development. RESOLUTION 2022-39 WHEREAS, two streets located within the City of Cleveland are Shelterwood Drive (beginning at the north line of Tasso Lane and continuing for approximately 1500 feet) and Meadowbend Drive (beginning along the east line of Shelterwood Drive and continuing for approximately 940 feet), which are both depicted on a final plat entitled Heartland PUD and which are located off Tasso Lane and are located within the City of Cleveland; and WHEREAS, these two streets are shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 2; and WHEREAS, the developer has requested that the City accept these two streets as City streets; and WHEREAS, the City's engineering staff has inspected these streets is now recommending that the City accept these streets as City streets; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Shelterwood Drive (beginning at the north line of Tasso Lane and continuing for approximately 1500 feet) and Meadowbend Drive (beginning along the east line of Shelterwood Drive and continuing for approximately 940 feet), as City streets. This 9th day of May 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Motion – Extending the Brush Chipping Services for an additional one-year period with Big Woody’s Tree Service. p. 660 REGULAR SESSION MAY 9, 2022 PAGE -660- MINUTE BOOK 30 UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes thanked Robert Varnell for responding to his questions and helping him with narrative. Next, the HCNA is meeting on Friday at Deer Park. Also, Wednesday at 4:30 there will be a meeting at Mosby Park about the layout and needs/wants of the park. Lastly, he asked his colleagues to go to 9th Street SE and work your way back to 18th/20th Streets and look at the new sidewalks and all the new homes. This is the most important kind of investment we can make. We are making neighborhoods flourish. Mr. Fivas added we will have a ribbon cutting in June for the new sidewalks. Councilman Estes stated when the City Schools stopped bussing within a 1-2 mile radius, it was very dangerous for students to get to Blythe. The problem was solved with grant money. Kudos to staff. Councilman Cassada inquired about the fencing along Robinhood Drive in the Harbor Freight development. It is still knocked down and ask to see the development plan, as far as the buffer and what was agreed by the developer and what the Council voted on. Secondly, as construction is happening on Hwy 60, he would like to see a designated right hand turn lane into Cleveland Middel School. Mr. Jobe stated they have asked us to evaluate it when they are done. Councilman May inquired about the completion timeline of the 20th Street project. Mr. Varnell stated the contract deadline with Wilson Construction is May 31. They are actively paving the more difficult, smaller tedious work now. Hopefully, by the end of the week it will be mostly paved. We are seven to ten days ahead of schedule. We are very close to completion. Councilwoman McKenzie asked if the signal timing at Peerless/25th Street going northbound could be checked by Cleveland Utilities. Mr. Fivas stated staff will reach out to them. Councilman Cassada asked for the following letter to be included in the minutes: p. 661 REGULAR SESSION MAY 9, 2022 PAGE -661- MINUTE BOOK 30 NEW BUSINESS AND ORDINANCES Mayor Brooks stated the next item is discussion of the Cherokee Hote RFP and due diligence. Mr. Fivas stated he already said what he had to during the Work Session but can recap anything that is necessary. ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on Monday, May 23, 2022. • Public Hearing for the FY2023 Budget will be held on Monday, June 13, 2022. • The City Council meeting for July 25, 2022 will be cancelled. There being no future business the meeting was adjourned at 3:34 p.m. _________________________________ __________________________________ Mayor City Clerk