City Council
Regular MeetingCookeville, TN · September 5, 2024
Minutes
COOKEVILLE CITY COUNCIL
REGULAR MEETING
SEPTEMBERS, 2024
5:30 PM
The Cookeville City Council met in regular session on Thursday, September 5,
2024, at 5:30 p.m., in the Municipal Building, 45 E. Broad Street.
CALL TO ORDER AND ROLL CALL
Mayor Wheaton called the meeting to order. Present and answering roll call
were:
Councilman Bagci: present
Councilman Walker: present
Mayor Wheaton: present
Vice-Mayor Eldridge: present
Councilman Gilbert: present
Also present: James Mills, City Manager, Darian Coons, City Clerk and Dan
Rader IV, serving as City Attorney.
INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Rob Owens, Pastor of Kainos Church, gave the invocation. Mayor
Wheaton led the Pledge of Allegiance.
CONSIDER APPROVAL OF AGENDA AS PRESENTED
Vice-Mayor Eldridge made a motion to approve the agenda as presented. The
motion was seconded by Councilman Bagci. Upon call for a vote, the motion
carried with the following voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
APPOINTMENTS, PROCLAMATIONS, PRESENTATIONS OR AWARDS
Consider appointment to the Tennessee Central Rail Trail Authority.
Vice-Mayor Eldridge made a motion to appoint Heather Call to the
Tennessee Central Rail Trail Authority for a three (3) year term
expiring in 2027. The motion was seconded by Councilman Bagci.
Upon call for a vote, the motion carried with the following voting:
Cookeville City Council Minutes
September 5, 2024
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
OLD BUSINESS
Consider approval of minutes of council meeting held on August 15,
2024.
Vice-Mayor Eldridge made a motion to dispense with the reading of the
minutes and approve said minutes as submitted. The motion was
seconded by Councilman Bagci. Upon call for a vote, the motion
carried with the following voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
NEW BUSINESS - PUBLIC HEARINGS AND ACTION ITEMS
Hold a public hearing and consider on first reading Ordinance #024-
08-21, rezoning property located at Neal Street, South Maple Avenue
& Old Walton Road (Tax Map 066, Parcel 032.08, 032.11 and a
portion of Parcel 032.00) from CR (Regional Commercial) and RS-15
(Single-Family Residential) to CG (General Commercial).
Additional information: Appendix 7A
No citizens spoke at this public hearing.
Councilman Gilbert requested the Planning Division to study the
possibility of rezoning the properties directly to the north of the parcels
considered for rezoning under this ordinance.
Councilman Bagci made a motion to approve on first reading
Ordinance #024-08-21. The motion was seconded by Vice-Mayor
Eldridge. Upon call for a vote, the motion carried with the following
voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
2
Cookeville City Council Minutes
September 5, 2024
Hold a public hearing and consider on first reading Ordinance #024-
08-22, amendments to the Zoning Code relative to defining Truck
Stops, Automotive and Truck Fuel - Retail, and Gasoline and Motor
Fuel - Retail, and to allow Automotive and Truck Fuel - Retail in the
CI, "Commercial-Industrial Mixed Use" Zoning District as a use
permitted by right.
Additional information: Appendix 7B
No citizens spoke at this public hearing.
Vice-Mayor Eldridge made a motion to approve on first reading
Ordinance #024-08-22. The motion was seconded by Councilman
Walker. Upon call for a vote, the motion carried with the following
voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
Consider approval to purchase (1) 2025 Ford Explorer vehicle
utilizing Statewide Contract #80355 - Leisure Services Department.
Additional information: Appendix 7C
There were no public comments concerning this item.
Vice-Mayor Eldridge made a motion to approve purchase of (1) 2025
Ford Explorer vehicle utilizing Statewide Contract #80355. The motion
was seconded by Councilman Bagci. Upon call for a vote on the motion
as amended, the motion carried with the following voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
Consider authorizing the City Manager to enter into an agreement
with Kimley-Horn for design and engineering services for a splashpad
and other amenities at Cane Creek Park - Leisure Services
Department.
Additional information: Appendix 7D
There were no public comments concerning this item.
3
Cookeville City Council Minutes
September 5, 2024
Councilman Gilbert made a motion to authorize the City Manager to
enter into an agreement with Kimley-Horn for design and engineering
services for a splashpad and other amenities at Cane Creek Park. The
motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the
motion carried with the following voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
Consider approval to purchase various meters for the Advanced
Metering Infrastructure (AMI) project - Energy Department/Gas
Division.
Additional information: Appendix 7E
There were no public comments concerning this item.
Vice-Mayor Eldridge made a motion to approve purchase of various
meters for the Advanced Metering Infrastructure (AMI) project. The
motion was seconded by Councilman Walker. Upon call for a vote, the
motion carried with the following voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
Consider approval to purchase meters for the Advanced Metering
Infrastructure (AMI) project - Energy Department/Electric Division.
Additional information: Appendix 7F
There were no public comments concerning this item.
Councilman Bagci made a motion to approve purchase of meters for
Advanced Metering Infrastructure (AMI) project. The motion was
seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion
carried with the following voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
4
Cookeville City Council Minutes
September 5, 2024
Consider accepting the donation of property identified as Map 40G
"C" Parcel 1.12 located on Lee Avenue from the Burgess Family
General Partnership to be used for the construction of the TTU Wet
Weather Storage Facility - Water Quality Control Department.
Additional information: Appendix 7G
There were no public comments concerning this item.
Water Quality Control Department Director Barry Turner expressed his
appreciation to the late Larry Burgess and his family for their generous
donation of this property to the City of Cookeville.
Councilman Gilbert also expressed his gratitude to the Burgess family.
Vice-Mayor Eldridge made a motion to accept the donation of property
identified as Map 40G "C" Parcel 1.12 located on Lee Avenue from the
Burgess Family General Partnership to be used for the construction of
the TTU Wet Weather Storage Facility. The motion was seconded by
Councilman Bagci. Upon call for a vote, the motion carried with the
following voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
Consider awarding bid for construction of 2024 TTU Wet Weather
Storage Facility - Water Quality Control Department.
Additional information: Appendix 7H
There were no public comments concerning this item.
Vice-Mayor Eldridge made a motion to award bid for construction of
2024 TTU Wet Weather Storage Facility. The motion was seconded by
Councilman Bagci. Upon call for a vote, the motion carried with the
following voting:
Councilman Bagci: aye
Councilman Walker: aye
Mayor Wheaton: aye
Vice-Mayor Eldridge: aye
Councilman Gilbert: aye
5
Cookeville City Council Minutes
September 5, 2024
CITIZENS REQUEST FOR HEARING BEFORE CITY COUNCIL
One City of Cookeville resident brought to the City Council members'
attention the negative effects of jet pack leaf blowers.
HEARING FROM OFFICERS, COUNCILMEN AND CITY MANAGER
No comments.
MAYOR'S COMMENTS
Mayor Wheaton announced the 2024 Fall Fun Fest starts Friday, September
6th at 5pm.
ADJOURNMENT
There being no further business, Mayor Wheaton declared the meeting
adjourned at 6:57 p.m.
ATTEST:
~ (uf2f&t
Darian Coons - City Clerk
6
.Locatlon Map
Neal Street, South Maple Avenue,
& Old Walton Road Property
Rezoning from CR (Regional Commercial)
to CG (General Commercial)
J ...
---====----•
0 200Feet
Neal St S Maple Ave Old Walton Rd RZ
Legend
c:::I Neal St S Maple Ave Old Walton Rd RZ
EXHIBIT 1
Rezoning
Ordinance No. 024 - 08 - 21
CR (Regional Commercial) & RS-15
(Multi-Family Residential) to CG (General Commercial)
Ordinances
Neal Street Area
Cookeville, Tennessee
PCD
LM
ORDINANCE NUMBER 024-08-21
AN ORDINANCE TO REZONE THE ORDINANCE NUMBER: 024-08-21
PROPERTY LOCATED ON NEAL REQUESTED BY: Planning Commission
STREET, OLD WALTON ROAD AND PREPARED BY: Community Development
SOUTH MAPLE A VENUE, IDENTIFIED Department, Planning Division
AS PARCELS 032.08, 032.11 AND A POR- APPROVED AS TO FORM AND
TION OF PARCEL 032.00, ON TAX MAP CORRECTNESS:
066, FROM RS-15, "SINGLE-FAMILY
RESIDENTIAL" AND CR, "REGIONAL (City Attorney)
COMMERCIAL" TO CG "GENERAL PUBLIC HEARING HELD: -----
COMMERCIAL" PASSED 1sT READING: ------
PASSED 2ND READING: ------
MINUTE BOOK , PAGE _
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COOKEVILLE, TENNES-
SEE:
Section 1: The property located on Neal Street, Old Walton Road and South Maple Avenue identified
as Parcels 032.08 and 032.11 and a portion of Parcel 032.00 on Tax Map 066, is hereby
rezoned from RS-15, "Single-Family Residential", and CR, "Regional Commercial" to CG
"General Commercial". Said property is described as follows and depicted on the attached
map identified as Exhibit I.
DESCRIPTION OF PROPERTY
CR "Regional Commercial" to CG "General Commercial"
BEGINNING AT A POINT, said point being the Old Walton Road centerline; Thence leaving
said point in a westerly direction (S83°25'53"W) along the CR/RS-15 zone boundary approxi-
mately 71 feet to a point, said point being the 032.00 parcel boundary and CR/RS-15 zone bound-
ary; Thence leaving said point in an westerly direction (S77°2 l 'l 2"W) along the CR/RS-15 zone
boundary approximately 839 feet to a point, said point being the CR/RS-15/CG zone boundary and
South Maple A venue centerline; Thence leaving said point in a northwesterly direction
(N55°45'00"W) along the South Maple Avenue centerline and CR/CG zone boundary approxi-
mately 489 feet to a point, said point being the Neal Street and South Maple Avenue centerlines;
Thence leaving said point in a northeasterly direction (N4 7°29' 49"E) along the Neal Street center-
line approximately 1517 feet to the Neal Street and Old Walton Road centerlines; Thence in a
southerly direction (S0°18'07"E) along the Old Walton Road centerline approximately 545 feet to
the POINT OF BEGINNING, said portion of property containing 14.04 +/- acres.
RS 15 "Single-Family Residential" to CG "General Commercial"
BEGINNING AT A POINT, said point being the Old Walton Road centerline; Thence leaving
said point in a westerly direction (S83°25'53"W) along the CR/RS-15 zone boundary approxi-
mately 71 feet to a point, said point being the 032.00 parcel boundary and CR/RS-15 zone bound-
ary; Thence leaving said point in an easterly direction (N88°23' 57"E) along the parcel boundary
approximately 64 feet to a point, said point being the Old Walton Road centerline and RS 15/CR
zone boundary; Thence leaving said point in a northerly direction (N20°16'56"E) along the Old
Walton Road centerline and RS15/CR zone boundary approximately 14 feet to the POINT OF
BEGINNING, said portion of property containing 0.01 +/- acres.
ORDINANCE NO. 024-08-21 1
Section 2: This rezoning shall not become effective until such time as it is shown on the Official
Zoning Map of the City of Cookeville, Tennessee.
Section 3: This Ordinance shall take effect fourteen (14) days from and after its passage, the public
welfare requiring it.
THE CITY OF COOKEVILLE, TENNESSEE
Laurin Wheaton, Mayor
ATTEST:
Darian Coons, City Clerk
ORDINANCE NO. 024-08-21 2
APPENDIX 78
The standard definition, as given by Merriam-Webster, for a truck stop is as follows: "A facility
especially for truckers that is usually by a highway and that includes a diner, fuel pumps, and a
garage." The American Planner's Dictionary provides five (5) definitions for a truck stop:
1. A facility intended to provide services to the trucking industry, including but not limited to
the following activities: dispensing of fuel, repair shops, automated washes, restaurants,
and motels; all part of the facility.
2. A site of more than two (2) acres providing specialized facilities for retail fueling services
for large trucks; the site may include related facilities including but not limited to
restaurants and overnight parking.
3. Any retail establishment that is greater than 3,500 square feet in gross floor area which
offers for sale prepackaged food products, household items, newspapers and magazines,
and sandwiches and other freshly prepared foods for off-site consumption. A gasoline or
service station may be an accessory use to a truck stop.
4. An establishment engaged primarily in the fueling, servicing, repair, or parking of tractor
trucks or similar heavy commercial vehicles, including the sale of accessories and
equipment for such vehicles. A truck stop may also include overnight accommodations,
showers, or restaurant facilities primarily for the use of truck crews.
5. Any area of land, with adequate parking, maneuvering, and access for at least three (3)
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combination tractor trailer vehicles, that may provide for retail sale of diesel fuel and ,::,
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gasoline, restaurant facilities, sleeping quarters, and minor repair facilities. :z
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PERMITTED USE ZONING DISTRICTS
RS
PRIVATE SERVICE (CONT.) R821 R8111 RS10
7.11
RSII RD RMI RM1, RIIHP PRD CBD CN CL co CR PCD MS UNV Cl LM HM QM
Travel Agency X X X X X X X
Tree Service X X X X
Truck Repair and Service X X X X X
Truck Stop X X
Truck washing and Cleaning X X
Truck Company - Office X X X X X X X X
Typing Service X X X X X X X X X
Uniform Supply Service X X X X X
Upholsterers X X X X
Van Conversion E X X X X
Vehicle Storage Lot X X X
Veterinarian E E X X
Video ProdLICtion X X X X X X X -
Wedding Service and Supplies X X X X X X X
VVord Processing Service X X X X X X X
COMMERCIAL
PERMITTED USE
ua 0111 Rl10 ...
7.&
RSI RD
ZONING DISTRICTS
RMI RM1, lllMHP PftD CBD CN CL co CR PCD MS UNV Cl LM HM QM
Amusement Devices X X X
Antique Dealer X X X X X X X
Appliances - Sales, Rental, and Leasing X X X X X X X
AnGaUery X X X X X X X X
Arts and Crafts X X X X X X X X
Artificial Limbs X X X
Auto Auction X X
Auto Dealer - New E X X X X
Auto Dealer - Used E X X X X
Auto Parts and Supplies -
X X X
Auto Rental and Leasing E X X
Baby Accessories X X X X X X X
Bakery - Retail R X X X X X X X X
--
Bakery - 'Mlolesale X X X X X X
Barber and Beauty Supply X X X X X
Bedding and Linen X X X X X X
Beer- Retail R X X X X X X X X
X = Use permitted by right
E = Use permitted as special exception by the Board of Zoning Appeals
R = Use permitted upon review by the Planning Commission
7
PERMITTED USE ZONING DISTRICTS
RS
COM MERCIA L (co nt. ) RSIO R811 RS10
7.1
RSI RD RMI RM1.t RMHP PRD CBD CN CL co CR PCD MS UIW Cl LM HM QM
Fabric Shop X X X X X X X
Farm Equipme nt and Supplies X X X X
Fencing X X X
Fire Protection Equipmen t X X X X X
Fireworks Sales - Seasonal X X X
Firewo rks Sales -Year-round X X X
Floor Coverings X X X X X X
'
Florist X X X X X X X X
Fruits and Vegetables - Retail X X X X X X X
Fruits and Vegetables - Vllholesate X X X X X
Furniture - Rental and Leasing X X X X X
Fumlture - Retail X X X X X X X
Furniture - \!Vholesale X X X X X
Garden and Lawn Equipm ent X X X X X X
----
Gasoline and Motor Fuel - Retail I R X X X X X X X X X
General Merchandise - Retail X X X X X X X
Gift Shop X X X X X X X X
Glass and Mirrors - Retail X X X X X X X
Glassware and China - Retail X X X X X X X
Greenhouse - Retail X X X X X
Greenhouse - v....tiolesale X X X
Greeling Card s X X X X X X X X X
Grocers - Retail X X X X X X X
Grocers - Wlolesale X X X X X
Guns and Gunsmiths X X X X X X
Hair Goods X X X X X X X
Hardware - Builders X X X X
Hardware - Retail X X X X X X X
Health Food Store X X X X X X X X
-
Hearing Aids X X X X X X X X
Hobby and Model Shop X X X X X X X
Horne Furnishings - Retail X X X X X X X
Hospital Equipment and Supplies X X X X X E X
Hydraulic Equipment and Supplies X X X X X
Industrial Equipment and Supplies X X X X
lmgatlon Systems and Equipmen t X X X X
X = Use permitted by right
E = Use permitted as special exception by the Board of Zoning Appeals
R = Use permitted upon review by the Planning Commission
... ,.
PERMfTTED USE ZONING DISTRICTS
RS
COMMERCIAL (cont.) u.a RS10
7.11
RSII RD RMI RM1' R... PRD CBD CN CL co CR PCD MS UNV Cl LM HM QM
Beer - W"iolesale X X X X X
Bicycles X X X X X X X X
Boat Dealer X X
Book Dealer/Sales X X X X X X X X
Brewpub X X X X X X
Bridal Shop X X X X X X X
Building Materials X X X X X X
Business Forms and Systems X X X X X X X
Business Machines and Supplies X X X X X X X
Butchering - Retail X X X X X X - -
Cabinet Dealer X X X X X X
Candy and Confectionery - Retail R X X X X X X X - -
Candy and Confectionery - W"iolesale X X X X E
Carpet X X X X X
Caterer X X X X X X X X
Cash Registers and Supplies X X X X X X
Clothing and Shoes - Retail X X X X X X X X
Clothing and Shoes - \Mtolesale X X X X X
Cocktail Lounge X X X X X X X
Computers and Software X X X X X X X X
Concrete and Concrete Produ.cts X X
Contractors Equipment and Supplies X X X X
Convenience Store X X X X X X X
Cookware and Cutlery X X X X X X X
Cosmetics and Perfumes - Retail X X X X X X X
Cosmetics and Perfumes - Wholesale X X X X
Data Communication Equipment X X X X X X X
Data Processing Equipment X X X X X X X
Delicatessen R X X X X X X X X X
Department Store X X X X X X
Diving Equipment X X X X X X
Doughnut Shop X X X X X X X X
Draperies and Curtains X X X X X X X
Electrical Equipment - Retail X X X X X X X
Electrical Equipment -Wholesale X X X X X
Equipment Rental and Leasing X X X X
X = Use permitted by right
E = Use permitted as special exception by the Board of Zoning Appeals
R = Use permitted upon review by the Planning Commission
8
Automotive and Truck Fuel - Retail: An establishment used for the retail sale and dispensing of
automotive and diesel fuel, oil, and accessories in connection and for the self-servicing of passenger
vehicles and commercial trucks, often with a small convenience store carrying a limited selection of grocery
and household items. On-site truck parking, overnight parking, truck wash bays or garages are prohibited
within an automobile and truck fuel establishment. The establishment may also include restaurants as a
secondary use.
Gasoline and Motor Fuel - Retail: An establishment used for the retail sale and dispensing of automotive
and diesel fuel, oil, and accessories in connection therewith and for the self-servicing of consumer and
passenger vehicles, often with a small convenience store carrying a limited selection of grocery and
household items. The establishment may also include restaurants as a secondary use.
Truck Stop: A site of more than two (2) acres providing specialized facilities for retail fueling services for
automobiles and long-haul trucks, often with a small convenience store carrying a limited selection of
grocery and household items. The use may include truck parking, overnight truck parking, shower
accommodations, sleeping quarters, servicing and repair facilities and other facilities or services for large
trucks. The establishment may also include restaurants as a secondary use. Truck stops are built to
accommodate the needs of truck drivers who might be on the road for extended periods and require more
extensive services than an automotive and truck fuel - retail establishment.
PERMITTED USE ZONING DISTRICTS
RS RS RS RS
COMMERCIAL 20 15 10 7.5
RS5 RD RM8 : I RMHPI PRD I CBD I CN I CL I CG I CR I PCD I MS I UNY I Cl I LM I HM I QM
Amusement Devices X X X
Antique Dealer X X X X X X X
Appliances - Sales, Rental, and Leasing X X X X X X X
Art Gallery X X X X X X X X
Arts and Crafts X X X X X X X X
1
Artificial Limbs X X X
Auto Auction X X
Auto Dealer - New E X X I X I X
Auto Dealer - Used E X X I X I X
1
Auto Parts and Supplies X X X
Auto, Rental and Leasing E X X
Automotive and Truck Fuel - Retail I X
Baby Accessories X X X X X X X
Bakery - Retail R X X X X X X X X
Bakery-Wholesale X X X X X I X
Barber and Beauty Supply X X X X X
Bedding and Linen X X X X X X
Beer- Retail R X X X X X X X X
C [)C '!{] I]
Cl pe ed [)C epuo "Boam o □ Aenea
D Cl, DC ed UDO "D
ORDINANCE NUMBER 024-08-22
AN ORDINANCE TO AMEND THE ORDINANCE NUMBER: 024-08-22
OFFICIAL ZONING CODE OF THE CITY REQUESTED BY: Planning Commission
OF COOKEVILLE, TENNESSEE, AS PREPARED BY: Community Development
ADOPTED BY ORDINANCE NO. 001-11-15 Department, Planning Division
ON DECEMBER 20, 2001 AND AS APPROVED AS TO FORM AND
SUBSEQUENTLY AMENDED FOR THE CORRECTNESS:
PURPOSE OF INSERTING DEFINITIONS
FOR GASOLINE AND MOTOR FUEL- (City Attorney)
RETAIL, AUTOMOTIVE AND TRUCK PUBLIC HEARING HELD: -----
FUEL- RETAIL AND TRUCK STOPS AND PASSED 1sT READING: ------
TO ALLOW AUTOMOTIVE AND TRUCK
PASSED 2ND READING: ------
FUEL - RETAIL AS A USE PERMITTED
MINUTE BOOK __, PAGE __
BY RIGHT IN THE CI, "COMMERCIAL-
INDUSTRIAL MIXED USE" ZONING
DISTRICT
THE CITY COUNCIL OF THE CITY OF COOKEVILLE, TENNESSEE, HEREBY
ORDAINS:
Section 1: That the Official Zoning Code of the City of Cookeville, Tennessee, as adopted by
Ordinance No. 001-11-15 on December 20, 2001, and as subsequently amended,
is hereby amended in Section 202, "Construction of Language and Definitions",
Section 202.2 "Definitions" to insert definitions for Gasoline and Motor Fuel -
Retail, Automotive and Truck Fuel - Retail and Truck Stops, to read as
follows:
SECTION 202.2 DEFINITIONS
Automotive and Truck Fuel - Retail: An establishment used for the retail sale and
dispensing of automotive and diesel fuel, oil, and accessories in connection and for the
self-servicing of passenger vehicles and commercial trucks, often with a small
convenience store carrying a limited selection of grocery and household items. On-site
truck parking, overnight parking, truck wash bays or garages are prohibited within an
automobile and truck fuel establishment. The establishment may also include
restaurants as a secondary use.
Gasoline and Motor Fuel - Retail: An establishment used for the retail sale and
dispensing of automotive and diesel fuel, oil, and accessories in connection therewith
and for the self-servicing of consumer and passenger vehicles, often with a small
convenience store carrying a limited selection of grocery and household items. The
establishment may also include restaurants as a secondary use.
Truck Stop: A site of more than two (2) acres providing specialized facilities for retail
fueling services for automobiles and long-haul trucks, often with a small convenience
ORDINANCE NO. 024-08-22
store carry ing a limited selection of grocery and household items. The use may include
truck parking, overnight truck parking, shower accommodations, sleeping quart ers,
servicing and repair facilities and other facilities or services for large trucks. The
establishm ent may also include restaurants as a secondary use. Truck stops are built to
accomm odate the needs of truck drivers who might be on the road for extended periods
and require more extensive services than an automotive and truck fuel - retail
establishm ent.
Section 2: That the Official Zoning Code of the City of Cookeville, Tennessee, as adopted by
Ordinance No. 001-11-15 on December 20, 2001, and as subsequently amended, is hereby
amended so as amend in Section 234 "Chart of Permitted Uses" to add Automotive and Truck
Fuel - Retail as a use permitted by right in the CI District as included on Exhibit 1:
Section 3: This Ordinance shall take effect fourteen (14) days from and after its passage, the
public welfare requiring it.
THE CITY OF COOKEVILLE, TENNESSEE
Laurin Wheaton, Mayor
ATTEST:
Darian Coons, City Clerk
ORDINANCE NO. 024-08-22 2
CITY OF COOKEVILLE
BID TABULA TION SCHEDULE
APPENDIX 7C
Leisure Services Administration Vehicle Bid
DATE OF BID OPENING: Thursday, August 29,2024 TIME: 10:00 AM
BIDS OPENED BY: Rick Woods and Chad McDonald
BIDS WITNESSED BY: _B~ry._s_
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DEPARTMENTS: Leisure Services & Public Facilities
BIDDERS 2025 Ford Explorer
Lonnie Cobb Ford $ 40,880.00
(admin vehicle)
-
WE THE UNDERSIGNED, DO HEREBY RECOMMEND THE BID FROM Lonnie Cobb Ford BE AWARDED
FOR THE FOLLOWING REASON: awarded state contract# 80355.
---'----~--'-'------'--'---------------
RECOMMENDED: DEPT.HEAD
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BUDGET AVAILABILITY: FINANCE DIRECTOR J>
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APPENDIX 7D
Kirnleve+lorn
August 20, 2024
Mr. Rick Woods
Cookeville Leisure Services Director
P.O. Box 998
Cookeville, Tennessee 38503
RE: Professional Services Agreement
Splashpad and Playground at Cane Creek Park
Cookeville, Tennessee
Dear Mr. Woods:
Kimley-Horn and Associates, Inc. ("Kimley-Horn") is pleased to submit this letter agreement (the
"Agreement") to the City of Cookeville, Tennessee ("City") for professional consulting services related
to the splashpad improvements at Cane Creek Park.
PROJECT UNDERSTANDING
The City of Cookeville desires to construct a splashpad and playground at Cane Creek Park near the
pickleball courts. The project will also provide a new parking lot and prefabricated restroom building.
ADA compliant paths will be designed from the parking to the proposed features.
SCOPE OF SERVICES
Our Scope of Services and Fee are as follows:
Task 1 - Project Management and Meetings
This task will consist of general project management, administrative, and accounting activities for the
project. Coordination activities will consist of preparing and distributing project correspondence,
scheduling of meetings, and discussion of project elements with the Client throughout the process.
Task 1. 1 - Kickoff Meeting and Site Visit
Kimley-Horn will facilitate one (1) in-person kickoff meeting with staff to discuss the vision and goals for
the project as well as any other key issues consisting of a project schedule, identifying key stakeholders,
and other pertinent information to this project. This trip will also consist of a site visit. General notes
and topics of discussion will be documented in meeting minutes. Written notes and photographs will
document the existing facilities.
Task 1. 2 - Additional Meetings
Kimley-Horn will attend up to three (3) additional virtual meetings during the design process to discuss
updates and the project design progress.
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Kimley >>> Horn Mr Rick Woods, August 20, 2024, Page 2
Task 1.3 - Coordination with Splashpad and Playground Manufacturer
Kimley-Horn will coordinate with the splashpad and playground vendor. The vendor will provide the
layout and details in AutoCAD and pdf format. The footprint of the splashpad and playground provided
by the vendor will be shown in the drawings provided in this scope. It is assumed in this task that the
same vendor will be utilized for both the playground and splashpad.
Task 2 - Existing Conditions
Task 2. 1 - Site Survey
Kimley-Horn, and/or its sub-consultants, will produce an existing conditions survey of a portion of Parcel
054 017.00 at 180 CC Camp Road, Cookeville, TN in Putnam Co. TN as outlined in red in Figure 1 -
Survey Area. Existing conditions to be recorded within the survey area consist of Topographic
Information (sufficient to produce 1-ft contours), Utilities including manholes (with pipe invert, size, and
type), storm drains (with pipe invert, size, and type), and visible utility assets, Built Assets including
parking lots (striping and signage), curb & gutter, fences, walls, stairs, sidewalks, and building facades.
Additionally, finished floor elevations will be captured for each level within the survey area. It should be
noted that a determination of the boundary of the parent parcel (054 017.00 in Putnam Co. TN) is
beyond the scope of this task.
All survey data will be delivered in Tennessee State Plane 4100, USFT. Vertical datum will be delivered
in NAVO 88. The survey results shall meet or exceed Category I minimum standards as defined in
0820-03-.05 ACCURACY OF SURVEYS of the Tennessee State Board of Examiners Standard of
Practice. The survey will be delivered in AutoCAD (DWG) format. A copy of the stamped/signed survey
is to be delivered in the Adobe PDF format (24" x 36").
Task 3 - Construction Plans
Task 3. 1- Schematic Design
After completing the site survey, Kimley-Horn will prepare a digital CAD concept layout of the parking
lot, splashpad and playground footprint (from Rec Concepts), pavilion, restrooms, and connecting
sidewalks at a schematic development level.
Task 3.2- Prefabricated Building Coordination
Kimley-Horn will coordinate with the Client to select the prefabricated restroom building. Kimley-Horn
will work with the vendor to select the building and exterior materials. The building vendor will provide
the building floor plan and building elevation details in AutoCAD and pdf format.
Task 3. 3 - Preliminary Construction Plans
Following receipt of the City-approved schematic layout, Kimley-Horn will prepare a set of preliminary
construction plans for the proposed improvements. It is anticipated this set of plans will be 24"x36" in
size and will consist of the following sheets:
• Cover Sheet - This sheet will contain relevant project/contact information.
• General Notes - This sheet will contain notes related to contractor responsibilities and
coordination requirements during construction.
• Existing Conditions Plan - This sheet will contain the limited existing conditions from the site
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Kimley >>> Horn Mr. Rick Woods, August 20, 2024, Page 3
survey.
• Demolition Plan - This sheet will contain proposed limits of demolition areas necessary for the
construction of the proposed improvements.
• Erosion and Sediment Control Plan and Details - These sheets will show temporary erosion
control measures, consisting of tree protection fence, silt fence, and diversions as necessary.
It is anticipated that a one (1) phase plan will be necessary.
• Site Plan - This sheet will contain a site plan showing the locations of the proposed splashpad,
playground, parking, pavilion with restrooms, and a sidewalk connection to these proposed
improvements showing typical dimensions and proposed materials.
• Site Details - These sheets will contain necessary site details for proposed hardscape
materials and other construction details.
• Grading and Drainage Plan - This sheet will depict the proposed contours, maximum and
minimum slopes as deemed necessary by the Consultant, and key spot elevations.
• Site Lighting and Electrical Plan - This plan sheet will depict conduit sizes and routing for
electrical service for parking lot site lighting, splashpad, and prefab restroom. We will utilize a
lighting manufacturer to provide the lighting layout based on photometrics they provide as well
as fixture selection.
• Restroom Plan - This sheet will consist of a cut sheet for the prefabricated restroom building
elevation and floor plan from the building vendor.
• Utility Plan - This sheet will locate the proposed sewer and water utility connection locations
for the restroom building and a standard detail from the utility company. Any additional public
utility extension or lift station and force main design will be considered additional services.
Task 3.4 - Stormwater Management Report
Kimley-Horn will prepare a hydrologic study for the proposed site development and will design one (1)
overall storm system. A hydrology report summarizing the study and the conclusions will be prepared
for submittal to the appropriate review authorities. The Stormwater Management Report may consist
of the following information:
• Location, description, and hydrologic and hydraulic analysis of existing and permitted
stormwater runoff contributions to the site. A map will be prepared depicting the off-site
contributing drainage basin.
• Locations, description, and hydrologic and hydraulic analysis of proposed stormwater
management facilities for the site and how these facilities tie into the existing stormwater
system.
• Calculations demonstrating compliance with AHJ Stormwater treatment requirements
The necessity for additional stormwater-related effort, including offsite studies or wavier or variance
applications (such as detention waivers, and stormwater variance committee applications) is unknown
and, as such, these items are not included in this task.)
Task 3.5- Final Plans
After receiving one (1) comprehensive list of revisions from the Client, Kimley-Horn will prepare the
final construction plan sheets listed in Task 3.3 above.
Task 4 - Bid Phase Services
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Task 4. 1 - Bid Book
Kimley-Horn will prepare a bid book that will consist of request for proposals, contract documents, bid
forms, required special provisions per Client requirements, and technical specifications directly related
to scope of work in the plans. The Client will be responsible for advertising the bid and providing bid
documents to interested bidders.
Task 4. 2 - Requests for Information (RF/)
Kimley-Horn will respond to a consolidated list of questions that arise during the bidding process and
issue a statement of clarification or bid addendum as appropriate.
Task 5 - Additional Services
Any services not specifically provided for in the above scope, as well as any changes in the scope the
City requests, will be considered Additional Services and will be performed at our then current hourly
rates. Additional Services Kimley-Horn can provide include, but are not limited to, the following:
• Additional meetings beyond those outlined in the above scope
• Additional concepts beyond the scope that is outlined above
• Additional revisions beyond the scope that is outlined above
• Additional site visits beyond those outlined in the above scope
• Opinion of Probable Construction Cost
• Permitting
• Bid phase services beyond those listed above
• Construction Phase Services
• Geotechnical studies
• Others as requested by the Client
INFORMATION PROVIDED BY CLIENT
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client
or the Client's representatives. The Client shall provide all information requested by Kimley-Horn during
the project.
SCHEDULE
We will provide our services as expeditiously as practicable.
FEE AND BILLING
Kimley-Horn will perform the services described in Tasks 1 - 4 for the total lump sum fee below.
Tasks 1-4 $66,700
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Kirnleve+lorn Mr Rick Woods, August 20, 2024, Page 5
Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services
performed or actual services performed and expenses incurred as of the invoice date. Payment will be
due within 25 days of your receipt of the invoice.
CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Kimley-Horn" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the
City of Cookeville, Tennessee.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an
Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please provide
the following information:
Please email all invoices to _
_ Please copy _
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute both copies of this Agreement in the spaces provided below, retain one
copy, and return the other to us. We will commence services only after we have received a fully-
executed agreement.
We appreciate the opportunity to provide these services to you. Please contact us if you have any
questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Olv~) [~J ,
Alisha Eley Brett Creasman
Project Manager Vice President
Attachment - Standard Provisions
Agreed to this day of , 2024.
kimley-horn.com 10 Lea Avenue, Suite 400, Nashville, TN 37210 615 564 2701
Kimley >>> Horn Mr Rick Woods, August 20, 2024, Page 6
CITY OF COOKEVILLE, TENNESSEE
SIGNED: _
PRINTED NAME: _
TITLE:
---------------
I
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KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS (with modifications to sections 4c, 4d, 9, 13 & 17)
( 1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant
will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in
writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's
then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house
reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be
billed at 1. 15 times cost.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit
instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project
and all standards of development, design, or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as
surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon.
(d) Arrange for access to the site and other property as required for the Consultant to provide its services.
(e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto
within a reasonable time so as not to delay the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals
and consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that
affects the Consultant's services or any defect or noncompliance in any aspect of the project.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress
through completion of the services. Times for performance shall be extended as necessary for delays or
suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for
more than six months, Consultant's compensation shall be renegotiated.
(4) Method of Payment. Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice
will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held
by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days
at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement
within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client,
suspend services and withhold deliverables until all amounts due are paid.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay
Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure
payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 30 days of
receipt of the invoice. or the Client's objections will be waived, and the invoice shall conclusively be deemed due
and owing. If the Client objects to only a portion of the in•,oice, payment for all other portions remains due.
(d) If the Consultant initiates legal proceedings to collect payment, it may reco•,er, in addition to all amounts due,
its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such
expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such
proceedings by its employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The
Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or
words intended to have similar effect appear on the check without such negotiation being an accord and
satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts
from the Client.
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(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services
described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this
Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on
extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant's
documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the
Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify,
defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited
to attorneys' fees, resulting therefrom. The Consultant's electronic files and source code remain the property of
the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic
files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the
Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the
hardcopy of the documents prepared by the Consultant, the hardcopy shall govern.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions
rendered as to costs, including but not limited to the costs of construction and materials, are made solely based
on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that
proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to
the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs
within any limitation established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either
party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The
Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and
other reasonable expenses incurred by the Consultant as a result of such termination.
(8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and
skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the
services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of
services, and it is agreed that the Consultant is not a fiduciary with respect to the Client.
(9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and
the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other
provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the
aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to
the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages
whatsoever arising out of or in any way related to the services under this Agreement from any causes, including
but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any
warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and
subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement
or $50,000, whishe•,er is greater $1,000.000. Higher limits of liability may be negotiated for additional fee. This
Section 9 is intended solely to limit the remedies available to the Client or those claiming by or through the Client,
and nothing in this Section 9 shall require the Client to indemnify the Consultant.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
(11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to unknown conditions or related to the failure of contractors to perform work in accordance
with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the
Client's decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved
plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision
until plans are fully approved and all permits obtained.
(12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party
reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The
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Kirnlev» Horn Mr Rick Woods, August 20, 2024, Page 9
Consultant shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate,
that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to
violate applicable rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted
first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation.
/>.ny mediation or civil action by Client must be commenced within one year of the accrual of the cause of action
asserted but in no event later than allowed by applicable statutes. Anything to the contrary notwithstanding in this
Agreement. any dispute arising out of this contract will be governed by the laws of the State of Tennessee and
shall be decided in the Chancery Court of Putnam County, Tennessee, as the sole and exclusive venue and
jurisdiction for the resolution of any said claims. The parties may voluntarily agree to a non-binding mediation in
Cookeville, Putnam County, Tennessee, to resolve any dispute prior to litigation. but are not obligated to do so.
Each party shall be responsible for its own fees and costs.
(14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler,
arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services
will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for
isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or
conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its
services until the hazardous substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site
visits, the Client assumes all responsibility for interpretation of the documents and for construction observation,
and the Client waives any claims against the Consultant in any way connected thereto.
(b) The Consultant shall have no responsibility for any contractor"s means, methods, techniques, equipment choice
and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or
responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of
endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will
generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the
performance of contractors. nor assumes responsibility for any contractor's failure to perform its work in
accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly
provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the
contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall
indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the
Client and the Consultant shall be made additional insureds under the contractor"s general liability insurance policy.
(16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or
benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant
to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer
any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant,
without the written consent of the Consultant. The Consultant reserves the right to augment its staff with
subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant
exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract,
regardless of whether the services are provided by in-house employees. contract employees, or independent
subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of pj,otographs of the
project and to the use by the Consultant of facts, data and information obtained by the Consultant in the
performance of its services. If, however, any facts, data or information are specifically identified in writing by the
Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. The
City of Cookeville is obligated to provide all public records pursuant to the Open Records Act of the State of
Tennessee. With respect to any documents created pursuant to this contract, the City of Cookeville agrees as
follows: If a request is made for documents relative to this contract. the City of Cookeville will notify Kimley-Horn
of this request. It will be the responsibility of Kimley-Horn to then proceed to Chancery Court to obtain a Cour Order
that these records are confidential. Unless Kimley-Horn does this within seven days, the City of Cookeville will
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Kimlev» Horn Mr. Rick Woods, August 20, 2024, Page 10
produce the documents requested pursuant to the Open Records Act.
( 18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State where the Project is
located. This Agreement contains the entire and fully integrated agreement between the parties and supersedes
all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or
oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written
document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client
shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is
unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining
provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor
shall it affect the enforceability of that provision or of the remainder of this Agreement.
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Kirnlev» Horn Mr Rick Woods, August 20, 2024, Page 11
Figure 1 - Survey Area
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Kimlev e+lorn Mr. Rick Woods. August 20. 2024, Page 11
Figure 1 - Survey Area
kimley-horn.corn 10 Lea Avenue, Suite 400, Nashville, TN 37210 615 564 2701
CITY OF COOKE VI LLE
ENERGY DEPT. (GAS DI VISIO N)
BID TA BULA TION SCHEDULE APPENDIX 7E
DATE: 4/5/2024
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BIDDERS Meters
QTY 7152
Equipment Controls Co. $898,710.58
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WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM E2.!.e_ment Controls Co.
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BE AWARDED FOR THE FOLLOWING REASON: _S_o_le_S'-o'--'u_r_ce_B_
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ENERGY DEPT. (ELECTRIC DIVISION)
BID TABULATION SCHEDULE APPENDIX 7F
DATE: 7/29/2024
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BIDDERS Meters
QTY 8500
Sensus $1,459,110.00
WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM Sensus
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APPENDIX 7G
DEPARTMENT OF WATER QUALITY CONTROL
MEMORANDUM
TO: City Manager
City Council
BK!
FROM: Barry Turner, Director
DATE: June 3, 2024
Re: Consider accepting the donation of property identified as Map 40G "C"
Parcel 1.12 located on Lee A venue from the Burgess Family General
Partnership to be used for the construction of the Tech Wet Weather
Storage Facility
During the next City Council meeting I will be seeking City Council authorization
to accept the donation of approximately 1.84 acres identified as Map 40G "C"
Parcel 1.12. This property is needed for the construction of the Tech pump station
and wet weather storage. Larry Burgess said that he would donate this piece of
property to the City for the construction of the wet weather storage facility and
after his passing the family carried through with that promise. The appraised value
of the property is $62,000.
Feel free to call me or email me at btumer@cookeville-tn,gov with any questions.
PHONE: 931-520-5227 • 1860 S. JEFFERSON AVENUE, COOKEVILLE, TENNESSEE 38506 • FAX: 931-520-5376
Burgess Family
General Partnership
Donation of Property
for the Tennessee Tech
Pump Station and Wet
Weather Storage
Facility
Map 040G Group C Parcel 1.12
1.84 Acres
Appraised Value of $62,000
APPENDIX 7H
CITY OF COOKEVILLE
DEPARTMENT OF WATER QUALITY CONTROL
2024 TTU WET WEATHER STORAGE FACILITY
DATE OF BID OPENING 2_2_-A
_u__.g,_-2_4 _ TIME: 2:00 PM
BIDS OPENED BY BEN LUKE WITH GRESHAM SMITH
BIDS WITNESS BY BARRY TURNER
PLAN HOLDERS TOTAL BID
BAKER'S CONSTRUCTION SERVICES, INC. DNB
CLARK CONSTRUCTION DNB
CLEARY CONSTRUCTION, INC. $14,730,000.00
CROM, LLC DNB
J. CUMBY CONSTRUCTION, INC. $11,765,600.00
MORGAN CONTRACTING DNB
SHIMMICK CONSTRUCTION DNB
SOUTHEASTERN TANK, INC. DNB
W&O CONSTRUCTION CO., INC. $13,565,500.00
DNB - DID NOT BID DNMS - DID NOT MEET SPECS
WE, THE UNDERSIGNED, DO HEREBY RECOMMEND THE BID FROM - J. CUMBY CONSTRUCTION, INC. - BE AWARDED FOR THE FOLLOWING
REASON; LOW BID MEETING SPECIFICATIONS
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Agenda
COOKEVILLE CITY COUNCIL
REGULAR MEETING
AGENDA
THURSDAY, SEPTEMBER 5, 2024
5:30 PM
1. CALL TO ORDER AND ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
3. CONSIDER APPROVAL OF AGENDA AS PRESENTED
4. APPOINTMENTS, PROCLAMATIONS, PRESENTATIONS OR AWARDS
A. Consider appointment to the Tennessee Central Rail Trail Authority.
SPONSOR - JAMES MILLS
5. OLD BUSINESS
A. Consider approval of minutes of council meeting held on August 15,
2024.
6. CONSENT AGENDA
7. NEW BUSINESS
A. Hold a public hearing and consider on first reading Ordinance #O24-
08-21, rezoning property located at Neal Street, South Maple Avenue
& Old Walton Road (Tax Map 066, Parcel 032.08, 032.11 and a portion
of Parcel 032.00) from CR (Regional Commercial) and RS-15 (Single-
Family Residential) to CG (General Commercial).
SPONSOR – JON WARD
B. Hold a public hearing and consider on first reading Ordinance #O24-
08-22, amendments to the Zoning Code relative to defining Truck
Stops, Automotive and Truck Fuel – Retail, and Gasoline and Motor
Fuel – Retail, and to allow Automotive and Truck Fuel – Retail in the
CI, “Commercial-Industrial Mixed Use” Zoning District as a use
permitted by right. SPONSOR – JON WARD
C. Consider approval to purchase (1) 2025 Ford Explorer vehicle utilizing
Statewide Contract #80355 – Leisure Services Department.
SPONSOR – RICK WOODS
D. Consider authorizing the City Manager to enter into an agreement with
Kimley-Horn for design and engineering services for a splashpad and
other amenities at Cane Creek Park – Leisure Services Department.
SPONSOR – RICK WOODS
E. Consider approval to purchase various meters for the Advanced
Metering Infrastructure (AMI) project – Energy Department/Gas
Division. SPONSOR – CARL HANEY
F. Consider approval to purchase meters for the Advanced Metering
Infrastructure (AMI) project – Energy Department/Electric Division.
SPONSOR – CARL HANEY
CITY COUNCIL AGENDA
SEPTEMBER 5, 2024
G. Consider accepting the donation of property identified as Map 40G “C”
Parcel 1.12 located on Lee Avenue from the Burgess Family General
Partnership to be used for the construction of the TTU Wet Weather
Storage Facility – Water Quality Control Department.
SPONSOR – BARRY TURNER
H. Consider awarding bid for construction of 2024 TTU Wet Weather
Storage Facility – Water Quality Control Department.
SPONSOR – BARRY TURNER
8. CITIZENS REQUEST FOR HEARING BEFORE CITY COUNCIL
9. HEARING FROM OFFICERS, COUNCILMEN AND CITY MANAGER
10. MAYOR'S COMMENTS
11. ADJOURNMENT
___________________________
Darian Coons, City Clerk
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