Cleveland City Council

p. 739 REGULAR SESSION JUNE 27, 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, JUNE 27, 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, David May, Tom Cassada, 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; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Dustin Roberts, IT Technician; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Doug Berry with the Chamber of Commerce; Dawn Robinson; Tony and Joyce Stapek; Cathy Andrews, CDBG Coordinator 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 June 13, 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 No special presentations and public comments. 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 Councilman Webb; and upon roll call, the consent agenda unanimously passed. • Final Passage - Zoning Ordinance 2022-13 – heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 692; Rezoning 3.12 acres from PUD20 to R2 for property located on Parker Avenue SW (Tax Map 057G Parcel 004.00) (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance 2022-14 – heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 693; Rezoning 2.33 acres, from the CH/R2 to CH for property located on North Lee Hwy (Tax Map 034D Group D Parcel 012.00) (Planning Commission: Approved 8-0; 1 Recused). • Final Passage - Ordinance 2022-15 – heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 694; Amending PUD8 which includes about 12.7 acres to include car washes as an allowable use (Tax Map 050A Group P Parcel 002.03) (Planning Commission: Approved 8-1). • Final Passage - Ordinance 2022-19 – heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 726; Adopting the 2022 Tax Rate ($1.7130). • Final Passage - Ordinance 2022-20 – heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 727; Amending Title 17, Section 17- 107 of the Municipal Code pertaining to the sanitation user fees for Solid Waste and Refuse Collection. p. 740 REGULAR SESSION JUNE 27, 2022 PAGE -740- MINUTE BOOK 30 • Final Passage - Ordinance 2022-22 – heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 730; Amending Title 7 Chapter 2, Section 7-211 of the Municipal Code relating to the Fire Permit and Inspection Fee Schedule. • Final Passage - Ordinance 2022-23 – heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 730; Amending Title 16, Chapter 2, Section 16-203(1) of the Municipal Code pertaining to Street Cut Fees. • Surplus Property – Declaring certain Kenwood radios as surplus property and to be traded for credit for new radios. p. 741 REGULAR SESSION JUNE 27, 2022 PAGE -741- MINUTE BOOK 30 • Bid Summary – Electrical Service/Maintenance. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: June 27, 2022 RE: Bid Summary – Electrical Service/Maintenance SUMMARY: Sealed bids were received on June 21, 2022, for Electrical Service/ Maintenance. One bid was received and is listed below: • Conley Electric Cleveland, TN $49.00/hr COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends award to Conley Electric. The initial term of the contract will be for a one-year period beginning August 1, 2022. • Bid Summary – Plumbing Service/Maintenance. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: June 27, 2022 RE: Bid Summary – Plumbing Service/Maintenance SUMMARY: Sealed bids were received on June 21, 2022, for Plumbing Service /Maintenance. One bid was received and is listed below: • Goodaker Plumbing Cleveland, TN $55.00/hr COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends award to Goodaker Plumbing. The initial term of this contract will be for a one-year period beginning August 1, 2022. p. 742 REGULAR SESSION JUNE 27, 2022 PAGE -742- MINUTE BOOK 30 • Bid Report – Automotive Paint and Body Repairs. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: June 27, 2022 RE: Bid Report – Automotive Paint and Body Repairs SUMMARY: The City of Cleveland received sealed bids on June 22, 2022, for Automotive Paint and Body Repairs. Bids are listed below: • Advanced Collision, Inc. Cleveland, TN $18,600.00 • Champion Collision dba Cleveland Collision Center Cleveland, TN $17,200.00 COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: Staff recommends award to Champion Collision dba Cleveland Collision Center. The initial term of the contract will be for a one-year period beginning August 1, 2022. • Reappointment – Beer Board – Mark Smith for an additional two-year term to expire July, 2024. • Reappointment – Beer Board – Tina Turner for an additional two-year term to expire July, 2024. • Reappointment – Beer Board – Gerald Lillard for an additional two-year term to expire July, 2024. • Appointment – Historic Commission - Candy Scoggins for a 4-year term to expire June, 2026 (currently serving as alternate). • Resolution 2022-57 – Authorizing the Mayor to sign an easement with Chattanooga Gas Company for replacement of an existing underground Regulator Station at 3661 Georgetown Rd NW. RESOLUTION 2022-57 WHEREAS, the City of Cleveland is the owner of a parcel of real property located at 3661 Georgetown Road NW in the City of Cleveland and generally identified as Tax Map 033 112.00 and further described as one of the parcels conveyed to the City in the deed recorded on January 13, 1999, in Book 6, Page 182 in the Register of Deeds office of Bradley County, Tennessee; and WHEREAS, this property is the location of Cleveland Middle School, and the property is titled in the name of the City of Cleveland for the use and benefit of the Cleveland Board of Education; and WHEREAS, Chattanooga Gas Company contacted Hal Taylor, Director of Operations for the Cleveland City Schools, about obtaining an easement across this parcel of land to locate a new Gas Regulator Station; and WHEREAS, a proposed easement and accompanying offer letter from Chattanooga Gas Company are attached to this Resolution; and WHEREAS, the Board of Education approved of this request from Chattanooga Gas Company at its school board meeting held on June 2, 2022, and p. 743 REGULAR SESSION JUNE 27, 2022 PAGE -743- MINUTE BOOK 30 WHEREAS, Chattanooga Gas Company is requesting approval by the City Council since the property is titled to the City of Cleveland for the use and benefit of the Cleveland Board of Education; and WHEREAS, City staff have reviewed the proposed easement and requested changes to the easement which would allow the City to place a sidewalk within the easement area, and to provide for additional compensation of $500, for a total of $10,500; and WHEREAS, representatives of Chattanooga Gas Company have agreed to the requests made by City staff; and WHEREAS, the City Council desires to accept the offer of additional compensation and to approve an easement which meets the conditions described in the attached memo from David Sheely; and WHEREAS, the City Council also desires to authorize the Mayor to sign the easement from Chattanooga Gas once the easement has been revised to include the additional conditions requested by City staff as set forth in the memo from David Sheely. 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 an easement from the City to Chattanooga Gas Company across the parcel described herein provided it meets all of the conditions requested by City staff. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute this easement on behalf of the City of Cleveland once the easement has been reviewed and approved by City staff to make sure the easement includes the conditions requested by City staff as set forth in the memo prepared by David Sheely. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk UNFINISHED BUSINESS Councilman Cassada moved to reduce the stormwater user fee in Ordinance 2022-21 back to $3.25 and in order to balance the fund, that $200,000 of the $20 million bond money be used. The motion failed for lack of a second. Councilman Webb moved that Ordinance 2022-21 be voted for passage on final reading; heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 728; Amending Title 18, Chapter 4, Section 18-409 of the Municipal Code relating to the Stormwater User Fee. The motion was seconded by Councilman May. Upon roll call, Councilman Webb, Councilman May, Councilman Hughes, Vice Mayor Johnson, Councilwoman McKenzie and Councilman Estes voted aye. Councilman Cassada voted no. The motion passes 6:1. Councilman Estes moved that Ordinance 2022-24 be voted for passage on final reading; heretofore passed on first reading June 13, 2022 and found in Minute Book 30, Page 731; Adopting the FY2023 Budget. The motion was seconded by Councilman May. Upon roll call, Councilman Estes, Councilman May, Councilman Hughes, Councilman Webb, Vice Mayor Johnson and Councilwoman McKenzie voted aye. Councilman Cassada voted no. The motion passes 6:1. p. 744 REGULAR SESSION JUNE 27, 2022 PAGE -744- MINUTE BOOK 30 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Hughes stated it was good to be back after missing three meetings. He then shared his story of a heart attack on May 10 in case someone experiences the same shortness of breath. Councilman Webb welcomed Councilman Hughes back. Vice Mayor Johnson welcomed Councilman Hughes back and prayers work. Councilwoman McKenzie welcomed Councilman Hughes back. Councilman Estes welcomed Councilman Hughes back as well. Councilman May welcomed Councilman Hughes back. He then asked about the construction issues at Spring Creek. Mr. Jobe stated we are making headway. NEW BUSINESS AND ORDINANCES The following memo was then presented in full: TO: Mayor and City Council FROM: David Sheely, PE DATE: June 22, 2022 RE: Inman Street Road Diet Project Signalization Upgrades SUMMARY: Currently, our signalization equipment along Inman Street does not have the capacity or meet the requirements in terms of features needed to adequately facilitate the functionally of the proposed Road Diet as proposed to and approved by TDOT. As part of the Inman Street Road Diet Project, various traffic infrastructure items must be upgraded. Staff seeks authorization from the council for Cleveland Utilities and the City of Cleveland Public Works to purchase new ATC traffic cabinets (with associated internal hardware), video detection hardware, battery backups, pedestrian poles, APS pedestrian equipment, mast arm strain poles and other equipment as needed for the following intersections: • Inman @ Broad • Inman @ Ocoee • Inman @ Church • Inman @ Parker • Inman @ Edwards • Inman @ Linden • Inman @ Wildwood COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: No fiscal impact to the City. RECOMMENDATION: City staff recommends approval. Councilman May moved that the memo concerning the Inman Street Road Diet Project Signalization Upgrades be approved and Cleveland Utilities to move forward with starting the bid process. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 745 REGULAR SESSION JUNE 27, 2022 PAGE -745- MINUTE BOOK 30 The following memo was then presented in full: TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: June 27, 2022 RE: Truck Signage for Stuart Avenue SUMMARY: City staff has received complaints about the possibility of increased commercial vehicles on Stuart Avenue from 20th Street to 14th Street. Recently, the City has replaced a culvert on this street and we are concerned about any truck traffic on this street. City staff recommends to post ‘No Trucks Allowed’ on this street. This would still allow exceptions for school buses, emergency vehicles, garbage trucks, commercial vehicles with less than 3 axles, and City-owned street construction vehicles. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City Staff recommends to the City Council approval for City staff erect ‘No Trucks Allowed’ signs on Stuart Avenue from 20th Street to 14th Street. Councilman May moved the memo concerning truck signage for Stuart Avenue be approved as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • City Offices will be closed on Monday, July 4 in observance of Independence Day. • The next City Council meeting will be held on Monday, July 11, 2022. There being no future business the meeting was adjourned at 3:19 p.m. _________________________________ __________________________________ Mayor City Clerk