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Cleveland City Council

Regular Meeting

Cleveland, TN · June 12, 2023

AgendaMinutes

Minutes

p. 166 REGULAR SESSION JUNE 12, 2023 3:00 P.M. MINUTE BOOK 31 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JUNE 12, 2023 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; Sue Zius, Administrative Coordinator; Beverley Lindsey, Assistant to the City Manager; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Police Chief Mark Gibson; Interim Fire Chief Rock Eulo; Jonathan Jobe, Development and Engineering Director; Dustin Roberts with IT; Kim Brooks with Lee University; Representative Kevin Raper; Bradley County Commissioner Ledford; Luke Sizemore with City Fields; Sharon Marr with Mainstreet Cleveland; Doug Berry with the Chamber of Commerce; Mayor Emeritus Tom Rowland; Sandra Rowland 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 May 22, 2023 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 Representative Kevin Raper presented Mayor Emeritus Tom Rowland with a framed proclamation recognizing and honoring him as the longest serving Mayor in Cleveland. Mr. Fivas introduced Interim Fire Chief Rock Eulo. Chief Eulo stated he has been with the department for 22-years and is excited to serve in this role for the Cleveland Fire Department. His wife is a teacher at Walker Valley High School, who teaches German, his daughter attends Lee University and plays soccer, his son is a sophomore at Walker Valley High School who plays football and basketball. Mr. Fivas continued he felt this was an opportunity to schedule meeting with our Legislative delegation to discuss transportation grants, such as North Ocoee/25th Street project. With no objection, he will try to get something scheduled in the next thirty days. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Javier Sanchez for consideration of an ordinance to zone 1.51 acres, more or less, for property located at 20th St. NE from IL Light Industrial zoning to CG General Commercial Zoning and includes Tax Map 050 Parcel 020.01. Robert Varnell stated the applicant is looking at a commercial use and the way we’ve structured our ordinances, you have to be zoned CG. Surrounding properties are warehouse facilities. Staff approves the rezoning and the Planning Commission approved the item 9-0. Mayor Brooks asked if anyone would like to speak in favor of the zoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the zoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks announced he was reappointing Ken Melton to the Cleveland Housing Authority for an additional five-year term to expire November 2027. p. 167 REGULAR SESSION JUNE 12, 2023 PAGE -167- MINUTE BOOK 31 CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented during the Work Session. City Manager Joe Fivas removed the following items for further discussion with the City Attorney. • Contract Extension – Extending the current contract for Plumbing Service/Maintenance with Goodaker Plumbing for an additional one-year term. • Contract Extension – Extending the current contract for Electrical Service/Maintenance with Conley Electric for an additional two-year term. • Motion – Authorizing the Mayor to sign an Incoming Loan Form with the Museum Center related to the Cherokee Chieftain. Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. a. Final Passage – Ordinance 2023-18 – heretofore passed on first reading May 22, 2023 and found in Minute Book 31, Page 159; Amending the FY2023 Budget. b. Resolution 2023-49 – Authorizing the Mayor to sign a letter of engagement and contract with Wedgewood Accounting, PLLC to audit the accounts of the City of Cleveland for the period July 1, 2022 through June 30, 2023. RESOLUTION 2023-49 A RESOLUTION AUTHORIZING AN ENGAGEMENT LETTER AND A CONTRACT WITH WEDGEWOOD ACCOUNTING, PLLC TO AUDIT THE ACCOUNTS OF THE CITY OF CLEVELAND, TENNESSEE WHEREAS, the City of Cleveland has received a proposal from the Certified Public Accounting firm of Wedgewood Accounting, PLLC, to audit the accounts for the period from July 1, 2022, through June 30, 2023, with a fee of $60,000.00; and WHEREAS, the City Council desires to enter into an engagement letter and a contract with Wedgewood Accounting, PLLC, and to further authorize the Mayor to execute the required engagement letter and the attached contract on behalf of the City of Cleveland. BE IT THEREFORE RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor be, and hereby is, authorized to sign the engagement letter and contract and all other necessary forms for said audit on behalf of the City of Cleveland for the above referenced contract. [on file in the City Clerk’s Office.] Adopted this 12th day of June, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk c. Resolution 2023-50 – Authorizing the Mayor to sign the TDOT State Highway Maintenance contract for a period of twenty-four months. RESOLUTION 2023-50 WHEREAS, the State of Tennessee Department of Transportation has submitted the attached contract for maintenance of State Highways through the City of Cleveland, Tennessee, to the City Council of the City of Cleveland for the purpose of providing for approval of said Contract; and p. 168 REGULAR SESSION JUNE 12, 2023 PAGE -168- MINUTE BOOK 31 WHEREAS, the City Council of the City of Cleveland desires to approve said Contract. NOW, THEREFORE, BE IT RESOLVED that the Mayor be, and hereby is, authorized to sign the Contract on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] Adopted this 12th day of June, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Resolution 2023-51 – Memorializing the intended uses of Fletcher Park. RESOLUTION 2023-51 A RESOLUTION MEMORIALIZING THE INTENDED USES OF FLETCHER PARK CITY OF CLEVELAND, TENNESSEE WHEREAS, Recognizing the benefit to the general health and welfare of the community, the Cleveland City Council desires to memorialize by resolution the intended uses of Fletcher Park, and; WHEREAS, The intention is to preserve the park for passive uses such as walking, bicycle trails, picnic areas and pavilions, fishing piers, playgrounds and play areas, wildlife, educational areas relating to the preservation of the environment and promotion of healthy living standards, and; WHEREAS, Permanent structures should be of low impact to the environment and aid in the preservation of the natural beauty of the property. No permanent structures are allowed related to non-passive types of recreation such as soccer, baseball, softball, football, tennis, and pickleball, and; WHEREAS, The park allows low impact structures for disc golf and other passive recreational activities, all structures supporting such activities, shall be constructed of materials such as green/gray colored concrete and other earth tone colored materials, and; WHEREAS, There will be no permanent commercial sales of food, supplies and materials on park property, and; WHEREAS, Lighting in the park is limited to only installations addressing safety, security, and directional issues. These lighting guidelines do not allow lighting for recreational purposes, and; WHEREAS, The park allows fencing, but only when the safety of the general public requires it, and; WHEREAS, The Cleveland City Council appreciates the generous donation of the property and funds to develop it by the Fletcher family to the citizens and recognizes the tremendous value it continues to provide for all. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND TENNESSEE, the following: Section 1: The Mayor & City Council hereby memorializes the intended uses of Fletcher Park. Section 2: The City of Cleveland hereby expresses sincere appreciation for the generous donation of this property and funds to develop it from the Fletcher family. Adopted this 12th day of June 2023. p. 169 REGULAR SESSION JUNE 12, 2023 PAGE -169- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk e. Resolution 2023-52 – Authorizing staff to submit an application for the Firehouse Subs Public Safety Foundation Grant. RESOLUTION 2023-52 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2023 FIREHOUSE SUBS PUBLIC SAFETY GRANT WHEREAS, the City Council of the City of Cleveland, Tennessee desires to provide the Cleveland Fire Department with equipment which enhances safety for the firefighters employed by the City of Cleveland; and WHEREAS, the City is eligible to apply for a $25,000 Firehouse Subs Public Safety Grant, which grant, if approved, does not require any matching funds from the City; and WHEREAS, if this grant is approved, the grant funding shall be used to purchase an off road ATV to allow Fire Responders access to areas where current apparatus cannot respond; and WHEREAS, the City Council desires to apply for this grant. NOW, THEREFORE, BE IT THEREFORE RESOLVED by the City Council that the Mayor be, and hereby, is authorized to submit an application on behalf of the City, including all the understanding and assurances contained therein, for the Firehouse Subs Public Safety Grant. BE IT FURTHER RESOLVED that if said grant application is approved and the City is awarded the grant, then the Mayor is further designated to act as Cleveland’s representative in connection with the acceptance of the grant, which designation includes the Mayor providing any additional information that may be necessary, the execution of any documents, and to take any other actions that may be necessary or required in order for the City to receive the grant. Adopted this 12th day of June, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk f. Resolution 2023-53 – Authorizing the Mayor to sign contract documents related to the Traffic Modernization Grant once finalized by the State of Tennessee. RESOLUTION 2023-53 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CONTRACT DOCUMENTS RELATING TO THE TRAFFIC SIGNAL MODERNIZATION GRANT WHEREAS, the Tennessee Department of Transportation has funds available through the Traffic Signal Modernization Program which is designed to help communities modernize existing traffic signal equipment and operations; and WHEREAS, the City of Cleveland has been awarded a $100,000 grant to be used for installation of Accessible Pedestrian Signals at Keith Street and 17th Street and to upgrade the existing traffic signal cabinet, with no matching funds required from the City; and p. 170 REGULAR SESSION JUNE 12, 2023 PAGE -170- MINUTE BOOK 31 BE IT THEREFORE RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor be, and hereby is, authorized to sign the contract and all necessary forms with the State of Tennessee on behalf of the City of Cleveland for the above referenced grant. 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 grant with TDOT for the project described herein, and it further authorizes the Mayor to execute any related documents necessary in order to accept the grant. Adopted this 12th day of June, 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk g. Resolution 2023-54 – Authorizing a loan agreement in the principal amount of not to exceed $3,100,000 in connection with a Wastewater Facilities Project (WWTP UV Disinfection Project) (Cleveland Utilities). CITY OF CLEVELAND SRF 2022-473-01 AUTHORIZING RESOLUTION 2023-54 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE CONSTRUCTION OF A WASTEWATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANCING. WHEREAS, the City of Cleveland is a public and governmental body in Cleveland (Bradley County), Tennessee (the "Local Government"); and WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a wastewater facilities project (WWTP UV Disinfection Project), Department of Environment and Conservation Number SRF 2022- 473-01 (the "Project"), in and for the Local Government; and WHEREAS, Tennessee Code Annotated, Section 68-221-1001 et. seq., provide for the lending of funds in the wastewater facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for project loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of three million one hundred thousand dollars ($3,100,000) by the obtaining of a Project Loan. Section 2. The execution and delivery of the application for a Project Loan in the principal amount of three million one hundred thousand dollars ($3,100,000), for the purpose of funding all or a portion of the total estimated cost of the Project, which is seven million seven hundred fifty thousand dollars ($7,750,000), by Tim Henderson, President/CEO of Cleveland Utilities Board of the Local Government, is hereby ratified and approved in all respects. p. 171 REGULAR SESSION JUNE 12, 2023 PAGE -171- MINUTE BOOK 31 Section 3. The form, terms, and provisions of the agreement for the Project Loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the Authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project Loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project Loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of operation and maintenance of the water system of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. Section 8. The Local Government hereby agrees that there are no local pledges of State- Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The President/CEO of Cleveland Utilities Board of the Local Government is authorized and directed to execute the Loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the Local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may consider necessary or advisable in connection with the Loan Agreement. Provided, however, this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project Loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution are and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this _________ day of _________________, 2023. I certify under penalty of law that this document and all attachments were prepared by me, or under my direction or supervision. The submitted information is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. As specified in Tenn. Code Ann. § 39-16-702(a)(4), this declaration is made under penalty of perjury. Kevin Brooks, Mayor p. 172 REGULAR SESSION JUNE 12, 2023 PAGE -172- MINUTE BOOK 31 h. Resolution 2023-55 – Authorizing a loan agreement in the principal amount of not to exceed $2,700,000 in connection with a Wastewater Facilities Project (Durkee Road/Benton Pike Annexation Area Sewer Project) (Cleveland Utilities). CITY OF CLEVELAND SRF 2023-484 AUTHORIZING RESOLUTION 2023-55 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE CONSTRUCTION OF A WASTEWATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANCING. WHEREAS, the City of Cleveland is a public and governmental body in Cleveland (Bradley County), Tennessee (the "Local Government"); and WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a wastewater facilities project (Durkee Road/Benton Pike Annexation Area Sewer Project), Department of Environment and Conservation Number SRF 2023-484 (the "Project"), in and for the Local Government; and WHEREAS, Tennessee Code Annotated, Section 68-221-1001 et. seq., provide for the lending of funds in the wastewater facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for project loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of two million seven hundred thousand dollars ($2,700,000) by the obtaining of a Project Loan. Section 2. The execution and delivery of the application for a Project Loan in the principal amount of two million seven hundred thousand dollars ($2,700,000), for the purpose of funding all or a portion of the total estimated cost of the Project, which is four million four hundred seventy-one thousand dollars ($4,471,000), by Tim Henderson, President/CEO of Cleveland Utilities Board of the Local Government, is hereby ratified and approved in all respects. Section 3. The form, terms, and provisions of the agreement for the Project Loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the Authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project Loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project Loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of p. 173 REGULAR SESSION JUNE 12, 2023 PAGE -173- MINUTE BOOK 31 operation and maintenance of the water system of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. Section 8. The Local Government hereby agrees that there are no local pledges of State- Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The President/CEO of Cleveland Utilities Board of the Local Government is authorized and directed to execute the Loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the Local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may consider necessary or advisable in connection with the Loan Agreement. Provided, however, this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project Loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution are and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this _________ day of _________________, 2023. I certify under penalty of law that this document and all attachments were prepared by me, or under my direction or supervision. The submitted information is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. As specified in Tenn. Code Ann. § 39-16-702(a)(4), this declaration is made under penalty of perjury. Kevin Brooks, Mayor i. Bid Summary – Street Striping and Thermoplastic Markings to be awarded to low bidder Volunteer Highway Supply. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: June 12, 2023 RE: Bid Summary – Street Striping and Thermoplastic Markings SUMMARY: Sealed bids were received on May 31, 2023, for the street striping and thermoplastic markings. The bids are listed below: • Volunteer Highway Supply $159,200.00________ • Highway Markings, Inc. $178,362.50________ p. 174 REGULAR SESSION JUNE 12, 2023 PAGE -174- MINUTE BOOK 31 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff recommends award to low bidder, Volunteer Highway Supply. j. Bid Summary – Brush Chipping Services to be awarded to low bidder Big Woody’s Tree Service. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: June 12, 2023 RE: Bid Summary – Brush Chipping SUMMARY: The City advertised to accept sealed bids on May 23, 2023, for brush chipping services. Bids are listed below: • Big Woody’s Tree Service $375.00/Hr._________ • Watson’s Contracting $475.00/Hr._________ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff recommends award to low bidder, Big Woody’s Tree Service. k. Bid Summary – Concrete Services to be awarded to low bidder Black Construction. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: June 12, 2023 RE: Bid Summary – Concrete Services SUMMARY: The City advertised to accept sealed bids on May 30, 2023, for concrete services. Bids are listed below: • Black Construction $456,612.50_________ • Kane Industries $991,200.00_________ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff recommends award to low bidder, Black Construction. p. 175 REGULAR SESSION JUNE 12, 2023 PAGE -175- MINUTE BOOK 31 l. Motion – Declaring the service weapon of Officer John Milen as surplus property and given to him as a token of the City’s appreciation for his 31-years of dedicated service to the Cleveland Police Department. m. Motion – Retiring Officer Varnell’s K-9, Torq, after 7-years of service to the Cleveland Police Department. n. Motion – Declaring the service weapon of Sergeant Mark Darnell as surplus property and given to him as a token of the City’s appreciation for his 26-years of dedicate service to the Cleveland Police Department. o. Motion – Declaring the service weapon of Crime Scene Tech Shane Clark as surplus property and give to him as a token of the City’s appreciation for his 25-years of dedicated service to the Cleveland Police Department. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman May asked for further information to be provided on the facility maintenance program, how the program will work and what it entails. Mr. Fivas stated yes, we are excited about completely reimaging how we work on our facilities. We are moving to have a system where we can be proactive from a facility standpoint. In the beginning it could cost additional funds upfront but in the coming years we will see better facilities and save money by doing maintenance, instead of waiting until something is broken. At the first meeting in July, we will show you what it looks like and the details of the structure. Overall, this is a weakness, and we want to consolidate it. We are impressed with the City Schools and Hal Taylor and having this stop-gap system and someone in charge of every facility. We should have a plan in July and will bring it before you then. Councilman Hughes thanked city staff, Beverely Lindsey, Kim Miller, Rhonda Graham, the IT and Engineering Departments for the efforts on the City Picnic. The food and fellowship was excellent. Councilman Webb inquired about the status of the renovation plan for Tinsley Park. Mr. Fivas stated staff meet last week with the Pickleball Association and looked at the final design. We have renderings of the facility and at the next meeting we will present that to you, along with the timeline. Councilman Webb then asked if there was a short-term plan for the welcome to Cleveland sign on 25th Street. The area is tired looking and needs attention. The mulch has washed away, you can see the watering hoses, the shrubs need trimming. It just needs attention. Mr. Fivas stated we will address the obvious cosmetic things. Our view on the area, we have an approved sidewalk project at Georgetown, that should help address the water from the hill. We need to run the sidewalk and create the edge coming down Georgetown and out towards the bridge. Redo the entire area with plantings, that’s the project we hope to do in the next year. Short term, in the next couple of weeks we will fix the things you described. This area is the first impression of Cleveland, and we need to do better. Councilman Cassada asked if we could plant trees along the wall. Mr. Fivas stated it needs to be landscaped but we don’t want any additional trees, due to maintenance. We need to improve maintaining our landscaping areas, especially at this location. Vice Mayor Johnson stated he agrees with Councilman Webb the area does need some attention. The Cleveland Lions Club has asked him numerous times about their logo sign, along with many other civic organizational signs, that were once there. He asked if staff could look into replacing them. He continued looking at the budget, grant money and projects into 2025, it is a job well done by staff. It speaks loudly of the grant money we are receiving. Mr. Fivas stated it is a team effort. p. 176 REGULAR SESSION JUNE 12, 2023 PAGE -176- MINUTE BOOK 31 Councilwoman McKenzie inquired on the timeline for the Civitan Park renovation. Mr. Jobe stated the animal statues are being fabricated and hopefully everything will be in place by September or October. Councilwoman McKenzie continued by mentioning several renovated and new buildings along South Lee Highway, which are improving the south side of Cleveland. Just this past week was a grand opening for Southside Fitness, in the old Dodge building. It is a fitness complex. They have programs, personal trainers, youth athletic training, boxing, wrestling, massage therapy, nutritionist, powerlifting, Zumba and a lot of other programs. They offer a scholarship, the William Carr, to help children afford some of these activities as well. She encouraged everyone to visit Southside Fitness for a tour. Lastly, she has received several concerns regarding the second trash cans with Waste Connections. She feels this could be a good opportunity to promote recycling in our community. This could take the need away for a second can. Mr. Fivas stated staff has been doing research and we already have a company in town with subscription service for recycling. We are looking into options, including an RFP. Councilman Estes asked for information on the recycling company. Seth Sumner responded it is Blue Skies Recycling, who operate in McMinn and Bradley County. This is for curbside pickup at the residential locations. Councilman Estes then thanked Tommy Myers for repairing the potholes on Willow. Lastly, he encouraged all to walk on the Candies Greenway in the evening, down the muddy path through the woods. It is pretty nice. It is worth the time to see the beauty. Mr. Fivas stated Bradley County helped fund, through the HCI grant, which paid for a lot there and soon there will be concrete. Councilman Cassada thanked city staff for minor improvements made in District 3 on things they previously spoke about. He appreciates keeping things nice and neat. Lastly, he asked for an update on the Cherokee Hotel renovation. Mr. Fivas responded this morning staff had a meeting with the contractor. Probably in June you will see chutes out the windows for demo. At the next meeting, Bryan Turner can give an update on what has been discovered. The architect is still working on space planning as well. Mr. Jobe added they met onsite with the State Historic grant administrator, and it was a very positive meeting. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: a. Zoning Ordinance 2023-19 – Zoning 1.51 acres, more or less, for property located at 20th St. NE from IL Light Industrial zoning to CG General Commercial Zoning and includes Tax Map 050 Parcel 020.01 (Planning Commission: Approved 9-0). Zoning Ordinance 2023-19 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from IL Light Industrial Zoning District to CG General Commercial Zoning District. Approximately 1.51 acres, more or less, located at 20th St. NE as shown on the attached map. For reference, same property is being shown on Tax Map 050 Parcel 020.01, 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 177 REGULAR SESSION JUNE 12, 2023 PAGE -177- MINUTE BOOK 31 Exhibit A Councilman May moved that Zoning Ordinance 2023-19 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Estes moved to request and encourage the Bradley County Assessor’s Office to pursue all possible avenues to rectify the revenue loss with the current appraisal ratios given from the Comptroller’s Office. This includes the changing of the assessment schedule to every two years. The motion was seconded by Councilman May; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. City Offices will be closed Monday, June 19, 2023 in observance of Juneteenth. b. The next City Council meeting will be held on Monday, June 26, 2023. The Work Session will begin at 2:00 p.m. and the Regular Session at 3:00 p.m. ADJOURNMENT There being no future business the meeting was adjourned at 3:42 p.m. _________________________________ _________________________________ Mayor City Clerk

Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, June 12, 2023 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Bradley County Assessor Stanley Thompson b. Proclamation for Mark Fidler 2. CITY MANAGER REPORT a. Discussion of Cleveland Parks & Recreation 2030 Strategic Plan b. Discussion of RCE Grant & Downtown Revitalization - $27.5 million c. Update of Starbuck’s Connector Grant - $1.5 million d. Update on ARP Stormwater, Water, and Wastewater Grant - $5.6 million e. Discussion on implementation of Public Safety Grant - $2.1 million f. Mosby Park re-grand opening – July 10, 2023 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Hughes c. Councilman Webb d. Vice Mayor Johnson e. Councilwoman McKenzie f. Councilman Estes g. Councilman Cassada 5. ANNOUNCEMENTS 6. ADJOURNMENT City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, June 12, 2023 3:00 PM Municipal Building 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION 4. WAIVE READING OF MINUTES a. Regular Session – May 22, 2023 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing - To hear public comments concerning a request by Javier Sanchez for consideration of an ordinance to zone 1.51 acres, more or less, for property located at 20th St. NE from IL Light Industrial zoning to CG General Commercial Zoning and includes Tax Map 050 Parcel 020.01 (Planning Commission: Approved 9-0) (p. 2-3). b. Announcement of Mayoral Reappointment – Ken Melton to the Cleveland Housing Authority for an additional five-year term to expire November 2027. 7. CONSENT AGENDA a. Final Passage – Ordinance 2023-18 – Amending the FY2023 Budget (p. 4-12). b. Resolution 2023-49 – Authorizing the Mayor to sign a letter of engagement and contract with Wedgewood Accounting, PLLC to audit the accounts of the City of Cleveland for the period July 1, 2022 through June 30, 2023 (p. 13-21). c. Resolution 2023-50 – Authorizing the Mayor to sign the TDOT State Highway Maintenance contract for a period of twenty-four months (p. 22-48). d. Resolution 2023-51 – Memorializing the intended uses of Fletcher Park (p. 49-50). e. Resolution 2023-52 – Authorizing staff to submit an application for the Firehouse Subs Public Safety Foundation Grant (p. 51-52). f. Resolution 2023-53 – Authorizing the Mayor to sign contract documents related to the Traffic Modernization Grant once finalized by the State of Tennessee (p. 53-54). g. Resolution 2023-54 – Authorizing a loan agreement in the principal amount of not to exceed $3,100,000 in connection with a Wastewater Facilities Project (WWTP UV Disinfection Project ) (Cleveland Utilities) (p. 55-56). h. Resolution 2023-55 – Authorizing a loan agreement in the principal amount of not to exceed $2,700,000 in connection with a Wastewater Facilities Project (Durkee Road/Benton Pike Annexation Area Sewer Project) (Cleveland Utilities) (p. 57-58). i. Bid Summary – Street Striping and Thermoplastic Markings to be awarded to low bidder Volunteer Highway Supply (p. 59). j. Bid Summary – Brush Chipping Services to be awarded to low bidder Big Woody’s Tree Service (p. 60). k. Bid Summary – Concrete Services to be awarded to low bidder Black Construction (p. 61). l. Contract Extension – Extending the current contract for Plumbing Service/Maintenance with Goodaker Plumbing for an additional one-year term (p. 62). m. Contract Extension – Extending the current contract for Electrical Service/Maintenance with Conley Electric for an additional two-year term (p. 63). n. Motion – Authorizing the Mayor to sign an Incoming Loan Form with the Museum Center related to the Cherokee Chieftain (p. 64-66). o. Motion – Declaring the service weapon of Officer John Milen as surplus property and given to him as a token of the City’s appreciation for his 31-years of dedicated service to the Cleveland Police Department. p. Motion – Retiring Officer Varnell’s K-9, Torq, after 7-years of service to the Cleveland Police Department. q. Motion – Declaring the service weapon of Sergeant Mark Darnell as surplus property and given to him as a token of the City’s appreciation for his 26-years of dedicate service to the Cleveland Police Department. r. Motion – Declaring the service weapon of Crime Scene Tech Shane Clark as surplus property and give to him as a token of the City’s appreciation for his 25-years of dedicated service to the Cleveland Police Department. 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Hughes c. Councilman Webb d. Vice Mayor Johnson e. Councilwoman McKenzie f. Councilman Estes g. Councilman Cassada 10. NEW BUSINESS AND ORDINANCES a. Zoning Ordinance 2023-19 – Zoning 1.51 acres, more or less, for property located at 20th St. NE from IL Light Industrial zoning to CG General Commercial Zoning and includes Tax Map 050 Parcel 020.01 (Planning Commission: Approved 9-0) (p. 57-69). 11. ANNOUNCEMENTS a. City Offices will be closed Monday, June 19, 2023 in observance of Juneteenth. b. The next City Council meeting will be held on Monday, June 26, 2023. The Work Session will begin at 2:00 p.m. and the Regular Sesson at 3:00 p.m. 12. ADJOURNMENT

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