Cleveland City Council

p. 571 REGULAR SESSION MARCH 25, 2024 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, MARCH 25, 2024 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; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Police Chief Mark Gibson; Fire Chief Chris Bates; Development and Recreation Johnathan Jobe; Chris Gaylor, Assistant IT Director; Seth Sumner, Transportation Planner; Tommy Myers, Public Works Director; Robert Varnell, Planning and Community Development Director; Doug Berry with the Chamber of Commerce; Sharon Marr with Mainstreet; Warbrit Lowery; Hal Taylor; Lori Raper; Interim School Director Kelly Kiser and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Avery Johnson, the following business was then entered into: Councilman Cassada asked that we continue to pray for Sheriff Steve Lawson who was involved in an accident over the weekend. Mayor Brooks stated Lucus, a resident stopped him on the way into the meeting today and thanked the City Council for the new handicap accessibility around downtown. 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 March 11, 2024 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 Hal Taylor with Cleveland City Schools made the City Council aware of a major power outage last week at EL Ross and Cleveland Utilities had the line fixed in no time. Cleveland Utilities always makes the Schools a priority and it is greatly appreciated. HEARING PETITIONS AND COMMUNICATIONS No hearing petitions and communication. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented during the Work Session. 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. Street Light Recommendation – 150 Tasso Lane NE (Cleveland Utilities recommends installation of two 40-watt LED cobra style fixtures and one 57-watt LED decorative fixture on Tasso Lane NE). b. Street Light Recommendation – 1263 King Edward Ave SE (Cleveland Utilities recommends no additional lighting as it meets city guidelines. However, three fixtures can be upgraded from 100-watt HPS to 40-watt LED fixtures at a cost of $146.70 each with approval of this recommendation). p. 572 REGULAR SESSION MARCH 25, 2024 PAGE -572- MINUTE BOOK 31 c. Resolution 2024-28 - Authorizing the Mayor to sign a contract with CDM Smith, Inc. to provide professional engineering and sonsultant services to update the Stormwater Management Regulations. RESOLUTION 2024-28 WHEREAS, the City’s stormwater department has requested CDM Smith, Inc. to provide professional engineering and consultant services to assist the City with updating the technical requirements of the City’s Stormwater Ordinance; and WHEREAS, in connection with said project, City staff are recommending that the City Council approved of the attached agreement with CDM Smith, Inc. to provide these professional engineering and consultant services; and WHEREAS, the City Council desires to enter into the attached agreement with CDM Smith, Inc. for these services and to authorize the Mayor to execute the attached agreement with CDM Smith, Inc. 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 agreement with CDM Smith, Inc., and the City Council further authorizes the Mayor to execute the attached agreement on behalf of the City. This 25th day of March, 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Resolution 2024-29 – Authorizing the Mayor to sign an agreement with the Cleveland Utilities Authority pertaining to the Greenway parking lot on Candies Lane. RESOLUTION 2024-29 WHEREAS, the City has constructed a Greenway parking Lot off Candies Lane to serve the Greenway; and WHEREAS, in connection with this installation of this parking lot, representatives of the City and the Cleveland Utilities Authority have previously discussed the location of the parking lot in relation to a sewer facilities in the area and desire to enter into an agreement to define the responsibilities of the parties concerning the possibility of future repairs to the sewer facilities after the parking lot is completed; and WHEREAS, in connection with the parking lot construction and installation the parties have prepared the attached agreement, and the City Council now desires to enter into the attached agreement with the Cleveland Utilities Authority, and to further authorize the Mayor to execute the same 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 agreement with the Cleveland Utilities Authority, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 25th day of March, 2024. p. 573 REGULAR SESSION MARCH 25, 2024 PAGE -573- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk e. Resolution 2024-30 – Amending the Personnel Rules and Regulations, Time Off and Leaves of Absence section relating to Military Leave. RESOLUTION 2024-30 A RESOLUTION AMENDING THE PERSONNEL POLICIES OF THE CITY OF CLEVELAND, TENNESSEE THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted by Resolution on October 23, 2023, a revised Personnel Rules and Regulations document entitled “The City of Cleveland Personnel Rules and Regulations”; and WHEREAS, this document contains the personnel policies of the City of Cleveland; and WHEREAS, the City Manager, Department Heads, and the City’s Human Resources, Healthcare and Retirement Committee are recommending the following amendment to the City’s Personnel Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee in Regular Session assembled this 25th day of March 2024 that the document titled “The City of Cleveland Personnel Rules and Regulations” is hereby amended as follows: Section 1. Amend the City’s Personnel Rules and Regulations as follows: TIME OFF AND LEAVES OF ABSENCE Military Leave Any full-time employee, who enters the Armed Forces of the United States, will be placed on Military Leave. The City Manager shall approve military leave without pay when the employee presents his/her official orders. The employee must apply for reinstatement within the following time frame: • Persons inducted into military service (voluntarily as well as involuntarily): 90 days after release from service. • Reservists ordered to initial period of active duty for training of not less than three consecutive months: 31 days after release from active duty. • Reservists ordered to additional periods of active or inactive duty training (voluntarily or involuntarily): Must report to work at the beginning of the next regularly scheduled working period after expiration of last calendar day necessary to travel from place of training to place of employment (or within a reasonable time if the employee's return is delayed through no fault of his own). • Reservists "called up" (voluntarily as well as involuntarily) for the performance of operational missions under 10 U.S.C. § 673(b) for period of not more than ninety (90) days: 31 days after release from active duty. The City will comply with federal regulations that provide exceptions to the schedule for individuals who are hospitalized as a result of military service and whose term of hospitalization extends past their discharge dates. The employee will be reinstated to a position in the current classification plan at least equivalent to his/her former position. His/her salary will be the salary provided under the p. 574 REGULAR SESSION MARCH 25, 2024 PAGE -574- MINUTE BOOK 31 position classification and compensation plan prevailing at the time of reinstatement or reemployment for the position to which he/she is assigned. Any full-time employee who is a member of the United States Army Reserve, Navy Reserve, Air Force Reserve, Marine Reserve, National Guard, or any of the Armed Forces of the United States, will be granted military leave for any field training or active duty required (excluding extended active duty) pursuant to provisions in TCA 8-33-109. Such leave will be granted upon presentation of the employee's official order to the HR Director. Compensation for such leave will be for a period not exceeding twenty (20) working days (480 hours for 24/48 shift fire personnel; 240 hours for 12-hour shift personnel; 200 hours for 10-hour shift personnel; 160 hours for 8-hour shift personnel) in any, one (1) calendar year, plus such additional days as may result from any call to active state duty pursuant to TCA 58-1-106. Military leave with pay shall not be charged against the employee's accrued sick leave, vacation, or compensatory credits. However, military time in excess of twenty (20) working days within any, one (1) calendar year may be charged against the employee's vacation leave at the option of the employee. After the twenty (20) working days of full compensation, City employees who have been properly approved for military leave may use up to five (5) days (120 hours for 24/48 shift fire personnel; 60 hours for 12-hour shift personnel; 50 hours for 10 hour shift personnel; 40 hours for 8-hour shift personnel) of sick leave in lieu of annual leave for purposes of not having to take leave without pay. Section 2. That this Resolution shall become effective from and after its approval by the Cleveland City Council. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk f. Motion – Approving staff to submit an application to TDEC for the Brownfield Redevelopment Area Grant for Phase I and II Environmental Site Assessments for specific properties owned by Phoenix. TO: Mayor and City Council FROM: Cathy Andrews, Redevelopment Coordinator DATE: March 25, 2024 RE: Approval to submit an application for funding to TDEC for the Brownfield Redevelopment Area Grant SUMMARY: Approval to submit an application to the Tennessee Department of Environment & Conservation for a Brownfield Redevelopment Area Grant for the purpose of funding Phase I and II Environmental Site Assessments for specific properties owned by Phoenix. The maximum Investigation Grant is $100,000. COMMITTEE FINDINGS: FISCAL ANALYSIS: No Match is required. RECOMMENDATION: Staff recommends approval. p. 575 REGULAR SESSION MARCH 25, 2024 PAGE -575- MINUTE BOOK 31 g. Surplus Property – Declaring a miscellaneous salt spreader equipment and a Western 10’ snow plow as surplus property and to be sold on GovDeals. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: March 25, 2024 RE: Surplus Property SUMMARY: Fleet Management has requested the City Council declare the assets listed below as surplus property: • Miscellaneous salt spreader equipment • Western 10’ snow plow These items will be sold on GovDeals. COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: City staff recommends approval of this item. h. Bid Summary – Decorative Light Post Bases for Inman Street project. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: March 25, 2024 RE: Bid Summary – Decorative Light Post Bases SUMMARY: The City advertised to accept sealed bids on March 19, 2024, for decorative light post bases for the Inman Street corridor project. Bids are listed below: • Nabco Electric $65,460.00_________ • Inline Lighting $51,000.00_________ $59,000.00Alternate) • Mayer Electric $54,312.00 _________ • Lighting N Beyond $103,125.00________ • Terracast $52,638.60 ________ $69,428.40 (Alternate) COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff recommends award to low bidder, Inline Lighting, in the amount of $51,000.00. p. 576 REGULAR SESSION MARCH 25, 2024 PAGE -576- MINUTE BOOK 31 i. Bid Summary – Inman Street Conduit Directional Bore Installation. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: March 25, 2024 RE: Bid Summary – Inman Street Conduit Directional Bore Installation SUMMARY: The City advertised to accept sealed bids on March 22, 2024, for the Inman Street conduit directional bore installation. Bids are listed below. • Nabco Electric Company $69,420.00_________ • The L K Grant Company $55,797.00_________ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff recommends awarding to low bidder, The L K Grant Company. UNFINISHED BUSINESS Councilman Webb moved to modify the Facility Use agreement with Cleveland City Schools to use five tennis courts to seven tennis courts for practice during the tennis season from 3:00 p.m. – 4:30 p.m. Also, adding to their Facility Plan, the development of tennis courts on campus. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. REPORTS OF COUNCIL MEMBERS Councilman Webb stated concerned citizens have brought to his attention from Billy Graham Blvd south to Inman Street every cross street is a 4-way stop except when you reach Central/Parker, 1st St/Parker, and 2nd St/Parker are just 2-way stops. He then asked if staff has ever considered making those cross streets 4-way stops as well? There have been several accidents at Central/Parker over the last year. Mr. Fivas stated we will have the traffic engineer look at the intersection. Councilman Estes asked them to obtain the thoughts from Mainstreet Cleveland as well. Secondly, Councilman Webb continued along Keith Street at the Food City Plaza, there are 4 righthand turn entrances into the development. When traffic backs-up people are using the turn lanes as an additional lane all the way to the entrance they need. Mr. Fivas stated staff will reach out to the State and partner with TDOT on a solution. Vice Mayor Johnson announced that the second meeting in May would be his last meeting, as he’ll be retiring. It has been a good thirty plus years and has enjoyed working with the Council, Mayor Brooks, and city departments. Mayor Brooks stated it has been an honor serving with him. Vice Mayor Johnson stated it has been his honor and privilege to work with this Council and seeing all the accomplishments throughout the City and because of what we do together. Councilwoman McKenzie stated few residents have commented how nice and quickly the downtown traffic flows during the construction. It is moving really good. She then asked about paving Central Avenue and if it was in the works anytime soon. Mr. Fivas responded yes. Councilwoman McKenzie then stated it has been a pleasure working with Vice Mayor Johnson and hopes he has a good retirement. p. 577 REGULAR SESSION MARCH 25, 2024 PAGE -577- MINUTE BOOK 31 Councilman Estes thanks for upgrading the lighting on King Edward. It will make a noticeable change. Secondly, the Historic Cleveland Neighborhood is meeting on Monday, April 1 at Arnold Elementary. If you can make it that would be great. Lastly, Saturday was the Great Strides Walk for Cystic Fibroses 65 Roses 5K and it was the 23rd year. We have already raised $62,000. It was a great downtown event and couldn’t have been done without the Cleveland Police Department. It was well done, and he appreciates all involved. Councilman Cassada stated it has been a privilege and pleasure serving with Vice Mayor Johnson over the years. Getting to know him with all his wisdom and knowledge of what Cleveland has been through. Hopefully we will keep Cleveland moving forward in the future. He then wished him the best in retirement. Councilman May echoed the comments concerning Vice Mayor Johnson and add he is a good guy and a joy to work with. He is respected by this group and the community. He has done a lot of good and has enjoyed serving with him. Councilman Hughes stated he would be remised without saying it has been a joy, Vice Mayor Johnson, working with you over the years. You have done a lot for the City. You have a park named after you to relax and read a book. He appreciates the relationship throughout the years and also, with his brother who would come to Lee to play basketball while he was coaching there. He wished him the best retirement and travel when you can. Vice Mayor Johnson stated he appreciates Councilman Hughes and spoke of the relationship between him and his brother and how Councilman Hughes would unlock the gym at night to allow his brother and friends practice. His friendship is appreciated. Mayor Brooks thanked Vice Mayor Johnson for how often the Mayor’s office is called upon for events and proclamations and personally grateful how often he fills in, representing the Mayor’s Office. Vice Mayor Johnson thanked him for the job he is doing and his concern for all citizens and his friendship is appreciated. NEW BUSINESS AND ORDINANCES The following memo was presented for Council consideration of two options for approval of an agreement for acquisition of 260 Inman Street property. p. 578 REGULAR SESSION MARCH 25, 2024 PAGE -578- MINUTE BOOK 31 Vice Mayor Johnson moved to approve submitting both options to Bradley County for acquisition of property at 260 Inman Street. The motion as seconded by Councilman Estes and then he stated we are making two offers in writing and let them put it on their agenda. Upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. City Offices will be closed on Friday, March 29 in observance of Good Friday. b. The next City Council meeting will be held on Monday, April 8, 2024. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:36 p.m. _________________________________ _________________________________ Mayor City Clerk