Cleveland City Council

p. 104 REGULAR SESSION NOVEMBER 18, 2024 3:00 P.M. MINUTE BOOK 32 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, NOVEMBER 18, 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 Councilwoman McKenzie, Councilmen Bill Estes, Tom Cassada, David May, Duane Goff, Ken Webb and Dan Moore. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Annie Bryant, Senior Customer Service Representative; City Attorney John Kimball; Beverley Lindsey, Assistant to the City Manager; Seth Sumner, Assistant to the City Manager; Police Chief Mark Gibson; Fire Chief Chris Bates; Coty Smith, IT Computer Tech; Tommy Myers, Assistant City Manager/Transportation and Environmental Services; Jonathan Jobe, Assistant City Manager/Development and Recreation Services; Sharon Marr with Mainstreet; David Goodwill and Kyle Stokes with City Fields; Bradley County Commissioner Milan Blake; Abigail Jeter, Mark Scully, Cole Henry; Rodney Williams; Rita Orourke and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Ken Webb, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Webb 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 28, 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 There were no special presentation or public comments. 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 Scott Taylor for consideration of an ordinance to zone about 4.93 acres, more or less, of property located at 9227 Frontage Road from RA to CH Highway Commercial Zoning District and includes Tax Map 014 Parcel 051.00 (Planning Commission: Approved 6-0; 2 absent). Mr. Varnell stated the owners are pursuing interstate commercial activity at this location. The Planning Commission and Staff recommends approval. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was provided to the Council prior to the meeting. Councilman May moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Webb and upon roll call, unanimously passed 7-0. a. Final Passage - Zoning Ordinance 2024-57 – heretofore passed on first reading October 28, 2024 and found in Minute Book 32, Page 69; An ordinance to amend PUD 44 to include townhomes in place of an apartment complex and includes Tax Map 041F Group D Parcel 006.00 (Planning Commission: Approved 8-0; 1 absent). p. 105 REGULAR SESSION NOVEMBER 18, 2024 PAGE -105- MINUTE BOOK 32 b. Final Passage - Zoning Ordinance 2024-58 - heretofore passed on first reading October 28, 2024 and found in Minute Book 32, Page 82; An ordinance to zone about 18 acres, more or less, for property located at Lewis Street from FAR unincorporated county/MU Mixed Use Zoning District to PUD Planned Unit of Development 58 Zoning District and includes Tax Map 058B Group C Parcel 010.00 and 011.00 (Planning Commission: Approved 8-0; 1 absent). c. Final Passage - Zoning Ordinance 2024-59 - heretofore passed on first reading October 28, 2024 and found in Minute Book 32, Page 96; An ordinance to zone about 14.87 acres, more or less, for property located at King Street and Buchanan Road from I-1 unincorporated county to PUD Planned Unit of Development 59 and includes Tax Map 065E Group F Parcel 011.00 and Tax Map 065E Group C Parcel 001.00 (Planning Commission: Approved 8-0; 1 absent). d. Final Passage - Zoning Ordinance 2024-60 – heretofore passed on first reading October 28, 2024 and found in Minute Book 32, Page 100; Concerning a request by Scott Taylor for consideration of an ordinance to zone about 4.93 acres, more or less, of property located at 9227 Frontage Road from RA to CH Highway Commercial and includes Tax Map 014 Parcel 051.00 (Planning Commission: Approved 6-0; 2 absent). e. Resolution 2024-127 – Authorizing the City to purchase through the Master Intergovernmental Cooperative Purchasing Agreement #011322-PIT between Pitney Bowes, Inc and Sourcewell for a document shredder for Finance). RESOLUTION 2024-127 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE EQUIPMENT, PRODUCTS, OR SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING CONTRACT #011322-PIT, AS AMENDED, WHICH IS ADMINISTERED BY SOURCEWELL, A STATE OF MINNESOTA LOCAL GOVERNMENT AGENCY AND SERVICE COOPERATIVE. __________________________________________________________________ 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 equipment, products or services between Pitney Bowes, Inc. (“Company”) and Participating Entities in cooperation with Sourcewell, a State of Minnesota local government agency and service cooperative, on behalf of Participating Entities, which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of equipment, products or services 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 Contract 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 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 with Sourcewell 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 #011322-PIT, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12- 3-1205 (a)(1). p. 106 REGULAR SESSION NOVEMBER 18, 2024 PAGE -106- MINUTE BOOK 32 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 equipment, products or services as a participating public agency under MICPA Contract #011322-PIT, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through Sourcewell to be used by the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk f. Resolution 2024-128 - Accepting Meadow Creek Way, Ridge Side Drive and Rolling Meadow Way in the Meadow View Subdivision as city streets. RESOLUTION 2024-128 WHEREAS, Meadow View Subdivision is located off Michigan Avenue Road and within the City of Cleveland; and WHEREAS, the plat for the Meadow View Subdivision is recorded in Plat Book 39, Page 67 in the Bradley County Register of Deeds office; and WHEREAS, one street located within this subdivision and shown on this plat is named Meadow Creek Way, and another street located within this subdivision and shown on this plat is named Ridge Side Drive, and a third street located within this subdivision and shown on this plat is named Rolling Meadow Way; and WHEREAS, the developer has requested that the City accept these three streets as City streets; and WHEREAS, the City's engineering staff has inspected these three streets, and is now recommending that the City accept the following portions of these three streets as City streets: Meadow Creek Way (approximately 1,060 linear feet in length along right of way centerline) Ridge Side Drive (approximately 1,135 linear feet in length along right of way centerline) Rolling Meadow Way (approximately 845 linear feet in length along right of way centerline) connecting Meadow Creek Way and 31st Street NE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept the following as City streets: Meadow Creek Way (approximately 1,060 linear feet in length along right of way centerline) Ridge Side Drive (approximately 1,135 linear feet in length along right of way centerline) Rolling Meadow Way (approximately 845 linear feet in length along right of way centerline) connecting Meadow Creek Way and 31st Street NE. This 18th day of November 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 107 REGULAR SESSION NOVEMBER 18, 2024 PAGE -107- MINUTE BOOK 32 g. Resolution 2024-129 – Authorizing the Mayor to sign a grant agreement with the State of Tennessee for the TAEP Community Tree Planting grant. RESOLUTION 2024-129 WHEREAS, the City has received the attached grant contract from the State of Tennessee, Tennessee Department of Agriculture, (hereafter the “State”) for a TAEP Community Tree Planting Project grant; and WHEREAS, the City Council desires to enter into the attached grant contract with the State for the project described, and to further authorize the Mayor to execute this contract 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 grant contract with the State for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 18th day of November 2024 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk h. Motion – Authorizing City Staff to establish an Escrow Operating Account with Pinnacle Bank to hold retainage for the Cherokee Project. TO: Mayor and City Council FROM: Shawn McKay, Assistant City Manager DATE: November 18, 2024 RE: Escrow Operating Account SUMMARY: In conjunction with the Cherokee Renovation project an Escrow Operating Account needs to be established to deposit the retainage on the project. This account will be established with our current bank, Pinnacle Bank, and as required will be interest bearing. COMMITTEE FINDINGS: No Committee or Board action FISCAL ANALYSIS: N/A RECOMMENDATION: Staff recommends approval. i. Motion – Granting one-year temporary easement extensions with TDOT related to the HWY60/Georgetown project at 3661 Georgetown Road. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: November 18, 2024 RE: TDOT Easements for Hwy 60/Georgetown Project p. 108 REGULAR SESSION NOVEMBER 18, 2024 PAGE -108- MINUTE BOOK 32 SUMMARY: City staff has received a request from TDOT to extend already existing temporary easements to allow them to complete the Hwy 60/Georgetown Rd Project. The City Attorney has reviewed and does not see any concerns with this request. COMMITTEE RECOMMENDATION: N/A FINANCIAL IMPACT: N/A STAFF RECOMMENDATION: Staff’s recommendation is grant this one-year temporary easement extension to the TDOT for the Hwy 60/Georgetown Project at 3661 Georgetown Road. j. Motion - Accepting an agreement with AT&T for underground service work related to the Inman Street project, site location 173 Edwards Street NE). TO: Mayor and City Council FROM: Brian Beck, City Engineer DATE: November 18, 2024 RE: AT&T Agreement – convert AT&T overhead utility line along Edwards Street at Inman Street SUMMARY: The proposed “Letter of Agreement for Custom Work and Estimate of Actual Cost Government Agreement” with AT&T includes work to transfer overhead utility lines to underground conduit along Edwards Street. The project is from an existing utility pole located 125 feet south of Inman Street (Bradley County Fire Rescue Building), then north along Edwards and across the Inman Street intersection to approximately 70 feet north of Inman Street and then to an existing utility pole on 173 Edwards Street NE property (total of approximately 340 LF). COMMITTEE FINDINGS: No Committee or Board action FISCAL ANALYSIS: The AT&T cost estimate to perform the proposed work is $36,220.93. RECOMMENDATION: City staff recommends approval. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman Cassada thanked Mr. Fivas and all the staff for their hard work on Johnston Park. It has been well received in the community and he has heard many good things. The City has invested in Downtown, and words cannot say enough about the park. Councilman May echoed the comments regarding Johnston Park and the great work which has been done. He then asked about Army Corps project at Tinsley Park. Mr. Jobe replied yes, they are actively looking at the other side of the creek. Councilman May then asked about Blythe Ferry Crossing. Mr. Jobe stated the project is on schedule with the Army Corps, p. 109 REGULAR SESSION NOVEMBER 18, 2024 PAGE -109- MINUTE BOOK 32 according to their progress updates. In February or March, the Army Corps will bid the area above Neely Circle next. That will be a good project to help with flooding. Councilman Goff had no report at this time. Vice Mayor Webb asked Chief Bates to speak on an upcoming event. Chief Bates stated on Thursday at 6:00 p.m. will be the 2024 Cleveland Fire Department Fire Academy graduation. All the Council is invited. Mayor Brooks will be speaking, along with several other speakers. The new eight employees have been through an extensive 16-week training, and it is a steppingstone for them. This is a time to celebrate what they have accomplished. Vice Mayor Webb then asked Kim Miller to update the Council on the Blood Assurance event. Ms. Miller stated Blood Assurance reached out for an annual blood drive. They are in a critical need position, and we have agreed to a city employee and community wide blood drive event on December 19 at Johnston Park. The Blood Mobile will be on site, and we are looking forward to a successful event. Vice Mayor Webb thanked them for the update and wished everyone a Happy Thanksgiving. Councilman Moore also echoed the comments regarding Johnston Park. It looks great. He then asked for an update on the Emergency Shelter. Mr. Fivas stated Dustin and Cathy have met with the Southeast Tennessee Development District, with favorable news that the County could apply for their non-entitlement money for the project. They propose three or four potential locations, and we have a larger group look at it before presenting to Council. Things are actively being worked on so the total package is still a work in progress. The ARC Grant is due in December, which is the Appalachian Regional Commission, sponsor similar projects and they are looking to do an application to them as well. Councilwoman McKenzie asked for an update on the signage on Inman Street as you’re coming from Keith Street. Today, she noticed an arrow was painted on the road to notify drivers the lane ends but will any additional signage be added. Mr. Myers stated they are planning to add one more arrow to the pavement. Councilwoman McKenzie then asked if it would be feasible to put something on the west side of Keith Street notifying drivers that the lane ends ahead. Mr. Myers stated they will see what can be done. Lastly, Johnston Park is a beautiful addition to District 1. She then commended people who had the foresight twenty-years ago to begin revitalizing downtown. The families will come downtown to enjoy the park and encourages everyone to visit. Councilman Estes stated downtown revitalization started maybe fifty-years ago. It is amazing to see what has come and asks that the Council does not loose site of a very big piece, the bridge and 3rd Street redevelopment. It is a very important piece, changing Wildwood and Inman Street access, open up for more business development and looks forward to seeing done in the next three to four years. Secondly, the leaf pickup schedule has been great and efficient this year. Next, he asked when Parker Street at 1st, 2nd and 3rd Streets will become four-way stops. Mr. Fivas stated that should happen this week now that everything is open, Mr. Sheely will begin implementation. Lastly, something great in Cleveland is Ace Hardware. Quadrupling their size, they’re a great asset to the community. Congratulations to them and glad to see all the success they have. Mayor Brooks stated yes, he concurs with the Ace Hardware revitalization and repurposing of the Cooke’s Food Store location. Mayor Brooks then announced he is reappointing Jerry Bohannon, Lamar Arp and Dustin Tommey to the Cleveland Housing Authority. Mayor Brooks then stated after consultation with Vice Mayor Webb, we are adding Monday, December 23 as a holiday for city staff. p. 110 REGULAR SESSION NOVEMBER 18, 2024 PAGE -110- MINUTE BOOK 32 NEW BUSINESS AND ORDINANCES Vice Mayor Webb moved to authorize a funding request to City Fields related to the City Shapers program in the College Hill neighborhood [$42,000]. The motion was seconded by Councilman Moore. Councilman Goff asked if the motion included a contingency. Mayor Brooks replied no, it does not. Councilman Goff moved for a substitute motion to delay the item until December 9 meeting. Mayor Brooks announced the substitute motion failed for lack of a second. Upon roll call of the original motion, Vice Mayor Webb, Councilman Moore, Councilman Cassada, Councilman May, Councilwoman McKenzie and Councilman Estes voted aye. Councilman Goff voted no. The motion passed 6-1. Councilman May moved to approve an agreement with UES Professional Services for geothermal exploration services for the new City Hall and City Council project. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, December 9, 2024 b. Holiday Schedule: Following Tennessee State Government Holiday Office Closure Schedule, City offices will be closed as follows: • Thursday, November 28 and Friday, November 29 due to the Thanksgiving Holiday. • Monday, December 23, Tuesday, December 24 and Wednesday, December 25 for the Christmas Holiday. The December 23 Council meeting will be cancelled. • Tuesday, December 31 and Wednesday, January 1, 2025 for the New Year’s Holiday. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:27 p.m. _________________________________ _________________________________ Mayor City Clerk