Cleveland City Council
Regular MeetingCleveland, TN · March 12, 2018
Minutes
p. 56 REGULAR SESSION
MARCH 12, 2018
3:00 P.M.
MINUTE BOOK 29
BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF
CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, MARCH 12,
2018 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND
MUNICIPAL BUILDING.
Present and presiding was Mayor Tom Rowland. Also present were Vice Mayor Avery
Johnson, Councilmen Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks.
Councilman Charlie McKenzie was absent from the meeting. Others in attendance according to
the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn
McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball;
Christy Brandon, Support Services Manager; Jonathan Jobe, Director of Development and
Engineering; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler,
Jetport Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Jeff
Davis, Personnel Director; Kris Miller, IT Director; Executive Secretary Beverley Lindsey; Sue
Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Safety and Wellness; Bethany
McCoy with Lee University; City Reporter Randall Higgins; Brian Media, Social Media; Nicki
Beaty; Jenna Curts; Ken Webb; Duane Schriver; Nicole Quince; Thomas Williams; Carl Lansden;
Greg Clark and Tad Bacon with Cleveland Utilities; Gary Farlow and Doug Berry with the
Chamber of Commerce; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of
Allegiance to the American Flag and prayer by Pastor John Dalton, the following business was
then entered into:
WAIVE READING OF MINUTES
Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading
of the minutes of the Regular Session of the City Council held on February 26, 2018 and approve
them as written. The motion was seconded by Councilman May; and upon roll call the motion
unanimously passed.
PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL
Mayor Rowland presented the Cleveland Blue Raider Wrestling Team the following
proclamation:
“CLEVELAND HIGH SCHOOL RAIDER WRESTLING DAY”
Whereas, the Cleveland High School Blue Raider Wrestling Team has brought home the 2018
TSSAA Tennessee Traditional Wrestling Championship title; and . . . .
Whereas, this marks another successful year that Cleveland High has claimed the number 1
championship title in the State; and . . . .
Whereas, eight members of the team earned medals in the 2018 state wide event, including
Austin Sweeney, 1st place and Trae McDaniel, runner up, and the overall team
worked together to claim the championship title; and . . . .
Whereas, Coach Joey Knox and his staff have distinguished themselves as coaches who give
credit to their wrestlers for their hard work, pursuing their dream, and claim each and
every hard earned victory as an outstanding accomplishment by a team of great
wrestlers; and . . . .
Whereas, Coach Knox has a capable support team of coaches including Nick Soto, Jesse Jones,
John Weiss, Niko Brown and Sean Russell,
NOW THEREFORE, I, Tom Rowland, Mayor of the City of Cleveland, Tennessee do hereby
declare Monday, March 12, 2018 as “CLEVELAND HIGH SCHOOL BLUE RAIDER
WRESTLING DAY” in our city and ask all citizens to congratulate this fine group of young
men and their coaches for a job well done.
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I hereby declare that Coach Joey Knox, his staff and the Raider wrestlers as ambassadors for this
City, exemplifying that true spirit of sportsmanship and a winning spirit that is the envy of the
State of Tennessee. Congratulations 2018 TSSAA Tennessee Traditional Wrestling
Champions—Cleveland High Blue Raiders.
The City Council then joined in to congratulate the members of the wrestling team.
Ms. Denise McNeely addressed the City Council concerning parking in the downtown
area. She recently opened a business on North Ocoee Street and has observed a lack of parking for
business patrons near the stores. It appears people who work downtown and Lee students are
parking in the timed-spots all day. She then asked if the two-hour parking would be re-enforced
and what is the future of downtown parking. Chief Gibson stated parking enforcement is difficult
because people move their vehicles once the tires have been marked. Ms. McNeely stated she
would also be willing to pay for a spot in a nearby parking lot to ensure she’d have a place to
park. Mr. Fivas stated parking is something the downtown consultants are aware of and will be
conducting a downtown parking analysis and give us some solutions. These suggestions will be
given to the City Council. We are looking at options to add 150-175 spaces that would be targeted
toward downtown employees, which would open parking to downtown patrons. Mayor Rowland
stated having the consultant is a start to correcting the problem.
Mayor Rowland read the following letter:
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Mayor Rowland stated he is reappointing Dee Burris to the Planning Commission with a
term to expire January 2021.
Mayor Rowland stated today’s meeting is being held as a public hearing to hear public
comments concerning a request by Steve and Linda Williams to rezone 1.7 acres, more or less,
located on Shad y Ln and Fulbright Rd (Tax Map 50G Group I Parcels 6.00, 7.00, 8.00) from IL
Light Industry District to R2 Low Density Single and Multi-Family Residential Zoning District.
Mayor Rowland then asked if anyone would like to speak in favor of the approval of the rezoning.
No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval
of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed.
Mayor Rowland stated today’s meeting is being held as a public hearing to hear public
comments concerning a request by Ben Nelson to rezone approximately 0.66 acres located at
2020 Harle Ave NW and 20th St NW (Tax Map 049E Group B Parcels 5.00 and 6.00) from R1
Single Family Residential Zoning District to PI Professional Institutional Zoning District. Mayor
Rowland then asked if anyone would like to speak in favor of the approval of the rezoning. No
one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of
the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed.
CONSENT AGENDA
Mayor Rowland reviewed the following items on the consent agenda.
• Final Passage - Ordinance No: 2018-04 – heretofore passed on first reading
February 26, 2018 and found in Minute Book 29, Page 25; abandoning a portion of
unopened right-of-way located between East St NE and Lang St NE (Planning
Commission: Approved 9-0).
• Final Passage - Zoning Ordinance No: 2018-05 – heretofore passed on first reading
February 26, 2018 and found in Minute Book 29, Page 34; zoning of about 5.3 acres
located on Tasso Ln from the unincorporated county to PUD Planned Unit
Development Zoning District (Planning Commission: Approved 9-0).
• Final Passage - Zoning Ordinance No: 2018-06 – heretofore passed on first reading
February 26, 2018 and found in Minute Book 29, Page 43; zoning of about 15.68 acres
located at 861 Old Chattanooga Pike from the unincorporated county to R1 Single Family
Residential Zoning District (Planning Commission: Approved 9-0).
• Final Passage - Zoning Ordinance No: 2018-07 – heretofore passed on first reading
February 26, 2018 and found in Minute Book 29, Page 52; zoning of about 36.70
acres located at APD40 and Holloway Rd from the unincorporated county to IH
Heavy Industrial Zoning District (Planning Commission: Approved 9-0).
• Final Passage - Zoning Ordinance No: 2018-08 – heretofore passed on first reading
February 26, 2018 and found in Minute Book 29, Page 53; rezoning 1.7 acres, more
or less, located at Shady Ln and Fulbright Rd NE (Tax Map 50G Group I Parcels
6.00, 7.00, 8.00) from IL Light Industry District to R2 Low Density Single and Multi-
Family Residential Zoning District (Planning Commission: Approved 9-0).
• Resolution No: 2018-19 - Authorizing a loan agreement in the principal amount of
not to exceed $10,000,000 for Wastewater Facilities Project (Cleveland Utilities).
AUTHORIZING RESOLUTION NO: 2018-19
RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE
CONSTRUCTION OF A WASTEWATER FACILITIES PROJECT, INCLUDING AUTHORIZING
THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER
NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS,
CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH
FINANCING.
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WHEREAS, the Cleveland Utilities is a public and governmental body in the City of
Cleveland, Tennessee (the "Local Government"); and
WHEREAS, the Local Government has determined that it is necessary and desirable to
undertake certain activities or tasks in connection with a wastewater facilities project, Department
of Environment and Conservation Number SRF 2018-417 (the "Project"), in and for the Local
Government; and
WHEREAS, Tennessee Code Annotated, Section 68-221-1001 et. seq., provide for the
lending of moneys in the wastewater facilities Revolving Loan Fund to Local Governments for the
purpose of providing funds for Project Loans; and
WHEREAS, the local Government has determined that it is necessary and advisable to
borrow funds for the Project pursuant to these sections.
NOW, THEREFORE, be it resolved as follows:
Section 1. Local Government hereby approves the creation of indebtedness on behalf of
the Local Government in the principal amount of TEN MILLION Dollars ($10,000,000) by the
obtaining of a Project Loan.
Section 2. The execution and delivery of the Application for a Project Loan in the
principal amount of TEN MILLION Dollars ($10,000,000) for the purpose of funding all or a
portion of the total estimated cost of the Project TEN MILLION Dollars ($10,000,000), by Tim
Henderson, President and CEO of Cleveland UB of the Local Government, is hereby ratified and
approved in all respects.
Section 3. The form, terms, and provisions of the agreement for the Project Loan among
the Local Government, the Tennessee Department of Environment and Conservation and the
Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting,
are hereby approved.
Section 4. The Local Government hereby agrees to honor and accept the method of
financing as may be determined by the Authority pursuant to the Loan Agreement.
Section 5. The Local Government hereby agrees to make the monthly payments on the
Project Loan in accordance with the Payment Schedule to be attached to the Loan Agreement.
Section 6. The Local Government hereby agrees to levy fees, rates or charges for
services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on
and principal of the Project Loan in accordance with the Loan Agreement. The Local
Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay
the cost of operation and maintenance of the wastewater system of which the Project is a part,
which cost shall include depreciation and all other debt service expense of the system.
Section 7. The Local Government assigns and pledges its State-Shared Taxes to the
State and consents to the withholding and application of State-Shared Taxes in the event of
failure by the Local Government to remit monthly payments in accordance with the terms of the
Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time.
Section 8. The Local Government hereby agrees that there are no local pledges of
State-Shared Taxes other than those disclosed.
Section 9. The Local Government hereby agrees to obtain alternative methods of
financing for all costs necessary for the completion of the Project which are in excess of the
combined financing provided by any agency of the United States Government and by the
Tennessee Local Development Authority.
Section 10. The President of the Cleveland Utilities Board of the Local Government is
authorized and directed to execute the Loan Agreement, and any amendments of supplements
to the Loan Agreement, in the name and behalf of the Local Government; to deliver such
documents to the other parties to such documents, such execution and delivery to be conclusive
proof of the approval of the Local Government of such documents; and to take such further
action and to execute and deliver such further instruments or documents as such officer may
consider necessary or advisable in connection with the Loan Agreement. Provided, however,
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MINUTE BOOK 29
this resolution shall not be deemed to grant authority to the named officer to approve any
increase in the amount of the Project Loan.
Section 11. All orders, resolutions, or ordinances in conflict with this resolution be and
the same are repealed insofar as such conflict exists. This resolution shall become effective
immediately upon its passage.
Duly passed and approved this _________ day of _________________, 2018.
_____________________________________
Tom Rowland, Mayor City of Cleveland
WITNESS:
___________________________
(Affix Seal As Appropriate)
___________________________
(Name and Title)
• Resolution No: 2018-20 – Authorizing the Mayor to sign a grant contract amendment
for MPO Funds to add consolidated planning grant funds.
RESOLUTION NO. 2018-20
WHEREAS, the City has received the attached grant contract amendment number 2 from the
Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and
Project: Long Range Transportation Planning
Contract Number: Z14MPO004
Agency Tracking Number: 40100-29014
Edison ID Number: 38616
WHEREAS, the purpose of this contract amendment is to add Consolidated Planning Grant
funds, and to increase the Grant Contract amount by $31,430.00; and
WHEREAS, the City Council desires to enter into the attached contract amendment number 2
with TDOT, and to further authorize the Mayor to execute this contract amendment on behalf of
the City of Cleveland. [On file in the City Clerk’s Office.]
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 contract amendment number 2 with TDOT for the project described herein, and it further
authorizes the Mayor to execute the same on behalf of the City of Cleveland.
This 12th day of March, 2018.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Tom Rowland, Mayor
___________________________
Shawn McKay, City Clerk
• Resolution No: 2018-21 – Amended the lease agreement with the Cleveland Amateur
Radio Club for the proposed expansion of the building into the ingress/egress
easement area.
RESOLUTION NO. 2018-21
WHEREAS, by Resolution 2017-67 passed on September 25, 2017, the City of Cleveland and
the Cleveland Amateur Radio Club entered into a Lease Agreement for a tract of land on Johnson
Boulevard; and
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WHEREAS, a copy of that lease agreement is attached hereto as an Exhibit to this Resolution;
and
WHEREAS, the Lessee desires to expand the current building located on the Leased Premises,
and after looking at various options, the Lessee desires to expand its building in a general
southerly direction a distance of approximately twenty four (24) feet; and
WHEREAS, the current lease between the parties provides that there is an "Ingress/Egress
Easement" as depicted on Exhibit A attached to the Lease agreement; and
WHEREAS, the current lease provides in Paragraph 6 that the Lessee shall not be allowed to
erect any structures in the Ingress/Egress Easement area; and
WHEREAS, the Lessee has approached the City about the possibility of the Lessee expanding its
building into this Ingress/Egress Easement area a distance of between 10 and 11 feet; and
WHEREAS, the City Manager and City staff have reviewed the proposed expansion of the
building into the Ingress/Egress Easement area and are of the opinion that the expansion would
still leave sufficient space for the Lessor as well as Bradley County Emergency Management
Agency to have access to the existing emergency communications tower located on the property;
and
WHEREAS, the City Manager has also contacted Troy Spence, the Director of the Emergency
Management Agency and requested that he review the proposed building expansion to make sure
the proposed expansion would not impair ingress and egress to the existing emergency
communications tower; and
WHEREAS, Troy Spence, the Director of the Emergency Management Agency, has advised the
City Manager that he has reviewed the proposed building expansion and is of the opinion that the
proposed expansion would not impair ingress and egress to the existing emergency
communications tower; and
WHEREAS, in view of the foregoing, City staff is recommending that the City enter into a lease
amendment with the Cleveland Amateur Radio, upon the terms and conditions set forth in the
lease amendment which is also attached to this Resolution; and
WHEREAS, the City Council desires to approve of this lease amendment and to authorize the
Mayor to execute the lease amendment on behalf of the City.
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 lease amendment with the Cleveland Amateur Radio Club.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the lease
amendment on behalf of the City of Cleveland. [On file in the City Clerk’s Office.]
This 12th day of March, 2018
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Tom Rowland, Mayor
___________________________
Shawn McKay, City Clerk
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• Resolution No: 2018-25 – Authorizing the Mayor to sign a grant application for the
High Visibility Enforcement Grant ($5,000; to purchase cameras, computer and
lighting supplies).
RESOLUTION NO: 2018-25
AUTHORIZING THE CITY OF CLEVELAND TO APPLY
FOR A GRANT THROUGH THE GOVERNOR’S HIGHWAY SAFETY PROGRAM
WHEREAS, the Cleveland Police Department would like to apply for the Governor's Highway
Safety - High Visibility Enforcement Grant; and
WHEREAS, the grant is for one year beginning October 1, 2018, and based upon the grant’s
program requirements, the City, if approved, would be eligible for up to a maximum of $5,000 of
grant funding which would be used by the Cleveland Police Department to purchase supplies for
cameras, computers and lighting; and
WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign
all documents that may be necessary or appropriate in connection with the grant application.
NOW, THEREFORE, BE IT RESOLVED that the City of Cleveland is hereby authorized to
apply for funding through this grant program, and the Mayor is hereby authorized to sign all
documents that may be necessary or appropriate for the completion of the grant application.
Approved this 12th day of March, 2018.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Tom Rowland, Mayor
___________________________
Shawn McKay, City Clerk
• Surplus Property – Declaring certain items from Parks & Recreation to be surplus
and sold on GovDeals.
MEMO:
TO: MAYOR & CITY COUNCIL
FROM: Melinda B. Carroll
DATE: March 6, 2018
SUBJECT: Surplus Equipment
I respectfully request the City Council declare the following items surplus and to be sold on
GovDeals:
• 1998 DODGE W2500 TRUCK – Vin# 3B7KF22Z3WG222793
• 1993 TOYOTA TRUCK – Vin# JT4RN01P6P7059365
• 2002 NEW HOLLAND TS100 Tractor – Vin# 166112B
These items will be placed on Govdeals with a minimum bid set.
Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by
Councilman Cassada. Councilman Banks inquired about the minimum bid on the Holland tractor.
Ms. Carroll replied it has not been established from Fleet Department yet, but when posted a
minimum bid will be listed. Upon roll call, the motion to approve the consent agenda was
unanimously passed.
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REPORTS OF MAYOR AND COUNCIL MEMBERS
Vice Mayor Johnson stated he received a phone call concerning the downtown parking
issue. He then asked if there was a way to reserve parking in a public parking lot. Mr. Fivas
suggested to allow the consultants to complete their study and make suggestions to correct the
problem. Vice Mayor Johnson then inquired about Julian Drive. Mr. Fivas stated there will be a
presentation at the next meeting. We are looking at budget numbers, as well as solutions.
Councilman Estes asked for Bryan Turner to provide, at the next meeting, an update on all
of Joe V. Williams’ properties.
Councilman Cassada asked if it was uncommon for cities to have different parking times,
like one-hour or two-hour. Is it due to congestion? Mr. Fivas responded downtown parking is
different every place you go. There are different solutions and ours could possibly be educating
the businesses and employees, to keep the spaces open for patrons but also to have a place for the
employees to park. Having our consultant give us our best parking strategy is our best option.
Councilman May asked Mr. Fivas when he felt we could begin receiving information back
from the consultants. Mr. Fivas stated we have met and are ready to begin an advisory committee.
The consultants are currently working and at the next meeting he will provide a timeline so they
will know what to expect.
Councilman Banks stated the Arnold School flag pole ceremony place last week and
through efforts of Lee University, Tri-Con, Historic Neighborhood, Woodman, Allan Jones
Foundation, the McReynolds Foundation the project was completed. He personally wanted to
thank Kim Griffin, President of the Historic Cleveland Neighborhood Association who spear-
headed and coordinated everything. He then moved to send her a letter of appreciation for her
hard work from the City. The motion was seconded by Councilman Estes; and upon roll call,
unanimously passed.
Mr. Fivas stated at the next meeting he will provide an outline of what the process will
look like with the downtown consultants and then on April 9, they will be here to ask questions
about your priorities and what they should be working on. It will be a good session to
communicate with them.
NEW BUSINESS AND ORDINANCES
The following Resolution was then presented in full:
RESOLUTION NO: 2018-22
WHEREAS, the City Council of the City of Cleveland, Tennessee, passed Resolution No. 2009-
38, on April 13, 2009, expressing the intent of the City of Cleveland to jointly participate with
Bradley County to fund a Veterans Home in Bradley County with the City and Bradley County
each committing $2,010,010 for this project; and
WHEREAS, the City Council of the City of Cleveland, Tennessee later reaffirmed its
commitment to the project with the passage of the following Resolutions and Motion, specifically
Resolution No: 2012-89 passed on July 23, 2012; a Motion passed on July 14, 2014; and by
Resolution 2016-51 passed on May 23, 2016; and
WHEREAS, the State of Tennessee has now requested that the City Council pass a resolution re-
affirming its commitment to the project and to add a specific expiration date of September 1, 2020
to the commitment; and
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WHEREAS, the City Council desires to reaffirm the content of Resolution No: 2009-38 passed on
April 13, 2009; Resolution No: 2012-89 passed on July 23, 2012; the Motion passed on July 14,
2014; and Resolution 2016-51 passed on May 23, 2016 in all respects; and
WHEREAS, as requested by the State of Tennessee, the City Council desires to adopt a new
resolution to reaffirm its commitment to the project and to add an expiration date of September 1,
2020, for its pledge for the construction of the Veterans Home to be located in Bradley County.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland,
Tennessee, in regular session assembled, that the City of Cleveland hereby reaffirms the content
of Resolution No. 2009-38 passed on April 13, 2009; Resolution No: 2012-89 passed on July 23,
2012; the Motion passed on July 14, 2014; and Resolution 2016-51 passed on May 23, 2016 in all
respects.
BE IT FURTHER RESOLVED that the City hereby adds an expiration date of September 1,
2020, to its commitment for this project.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to send a letter to the State
reaffirming the City’s commitment to the project.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Tom Rowland, Mayor
___________________________
Shawn McKay, City Clerk
Councilman May moved that Resolution No: 2018-22 be accepted as presented. The
motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed.
The following Resolution was then presented in full:
RESOLUTION NO. 2018-23
WHEREAS, City representatives have been in discussion with Bradley County representatives
concerning the attached Interlocal agreement between the City and the County in connection with
the annexation of a portion of a parcel of property owned by D&S Custom Homes LLC, which
parcel is located off Old Chattanooga Pike SW, and which is generally described as Tax Map 65J
Group E Parcel 016.00; and
WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting
meeting on March 5, 2018; and
WHEREAS, the City Council desires to approve of this Interlocal Agreement with Bradley
County; and
WHEREAS, the City Council further desires to authorize the Mayor to execute the Interlocal
agreement with Bradley County 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 Interlocal Agreement between the City of Cleveland and Bradley County.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Interlocal
agreement on behalf of the City. [on file in the City Clerk’s Office.]
This 12th day of March, 2018.
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APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Tom Rowland, Mayor
___________________________
Shawn McKay, City Clerk
Councilman Cassada moved that Resolution No: 2018-23 be accepted as presented. The
motion was seconded by Councilman Hughes; and upon roll call, unanimously passed.
The following Resolution was then presented in full:
RESOLUTION NO. 2018-24
WHEREAS, City representatives have been in discussion with Bradley County representatives
concerning the attached Interlocal agreement between the City and the County in connection with
the annexation of a parcel of property owned by Paul Steven Williams et al, which parcel is
located off APD40/Holloway Road, and which is generally described as Tax Map 65 Parcel
001.00 ; and
WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting
meeting on March 5, 2018; and
WHEREAS, the City Council desires to approve of this Interlocal Agreement with Bradley
County; and
WHEREAS, the City Council further desires to authorize the Mayor to execute the Interlocal
agreement with Bradley County 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 Interlocal Agreement between the City of Cleveland and Bradley County.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Interlocal
agreement on behalf of the City.
This 12th day of March, 2018.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Tom Rowland, Mayor
___________________________
Shawn McKay, City Clerk
Councilman May moved that Resolution No: 2018-23 be accepted as presented. The
motion was seconded by Councilman Cassada; and upon roll call, unanimously passed.
The following Ordinance was then presented in full:
Zoning Ordinance No: 2018-09
BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled
that the property described herein be, and the same is hereby, re-zoned from R1Single-family
Residential District to PI Professional Institutional Zoning District
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Approximately 0.66 acres, more or less, located on Harle Avenue and 20th
Street NW as shown on the attached map and identified as Tax Map 49E
Group B Parcels 5.00 & 6.00, containing a home addressed as 2020 Harle
Avenue, being the same property described in a Warranty Deed from Nancy
Arnold Childers to Joseph A. Nelson and wife Pansy Nelson in Bradley County
Registers Deed Book 193 pages 691-692, as Lot Numbers Fourteen (14),
Thirteen (13), Twelve (12), and the South Twenty-three feet of Lot Number
Eleven (11) in Block “D” of the Fike & Shelton Addition to the City of
Cleveland as shown in Plat Book 1, page 106 in the Bradley County Registers
Office.
BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent
of said conflict.
BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on
final reading, the public welfare requiring it.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Tom Rowland, Mayor
___________________________
Shawn McKay, City Clerk
Councilman Estes moved to deny Zoning Ordinance No: 2018-09. The motion was
seconded by Councilman May; and upon roll call, unanimously passed.
Mayor Rowland stated the Bill Norwood marker at 1st Street Square will be placed in a
few weeks and ceremony will be announced. He also mentioned flag pole and solar light will be
coming soon to 1st Street Square.
There being no future business the meeting was adjourned at 3:39 p.m.
_________________________________ ______________________________
Mayor City Clerk
Agenda
AGENDA
Cleveland City Council
Work Session – March 12, 2018
1:00 P.M.
Cleveland Municipal Building
190 Church Street, NE
I. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL
II. UPDATES FROM THE CITY MANAGER
a. Discussion of Community Plan and Community Meeting Dates
b. Bacon Festival
III. REVIEW OF 3:00 AGENDA – CITY MANAGER
IV. REPORTS OF COUNCIL MEMBERS
A. Vice Mayor Johnson E. Councilman May
B. Councilman McKenzie F. Councilman Hughes
C. Councilman Estes G. Councilman Banks
D. Councilman Cassada
V. ANNOUNCEMENTS
VI. OTHER BUSINESS
AGENDA
Cleveland City Council
Regular Session – March 12, 2018
3:00 P.M.
Cleveland Municipal Building
190 Church Street, NE
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE & PRAYER
IV. WAIVE READING OF MINUTES
A. Regular Session – February 26, 2018 (p. 1).
V. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL
A. State Champions Cleveland Blue Raiders Wrestling Team
B. Public Hearing - To hear public comments concerning a request by Steve and
Linda Williams to rezone 1.7 acres, more or less, located at the intersection of
Shady Lane and Fulbright Road (Tax Map 50G Group I Parcels 6.00, 7.00, 8.00)
from IL Light Industry District to R2 Low Density Single and Multi-Family
Residential Zoning District (Planning Commission: Approved 9-0) (p. 2-3).
C. Public Hearing – To hear public comments concerning a request by Ben Nelson
to rezone approximately 0.66 acres located at 2020 Harle Ave NW and 20th St
NW (Tax Map 049E Group B Parcels 5.00 and 6.00) from R1 Single Family
Residential Zoning District to PI Professional Institutional Zoning District
(Planning Commission: Motion to Deny 9-0) (p. 4-8).
VI. CONSENT AGENDA
A. Final Passage - Ordinance No: 2018-04 – Abandoning a portion of unopened
right-of-way located between East St NE and Lang St NE (Planning
Commission: Approved 9-0) (p. 9-13).
B. Final Passage - Zoning Ordinance No: 2018-05 - Zoning of about 5.3 acres
located on Tasso Ln from the unincorporated county to PUD Planned Unit
Development Zoning District (Planning Commission: Approved 9-0) (p. 14-16).
C. Final Passage - Zoning Ordinance No: 2018-06 - Zoning of about 15.68 acres
located at 861 Old Chattanooga Pike from the unincorporated county to R1 Single
Family Residential Zoning District (Planning Commission: Approved 9-0) (p. 17-20).
D. Final Passage - Zoning Ordinance No: 2018-07 - Zoning of about 36.70 acres
located at APD40 and Holloway Rd from the unincorporated county to IH Heavy
Industrial Zoning District (Planning Commission: Approved 9-0) (p. 21-23).
E. Final Passage - Zoning Ordinance No: 2018-08 – Rezoning 1.7 acres, more or
less, located at Shady Ln and Fulbright Rd NE (Tax Map 50G Group I Parcels
6.00, 7.00, 8.00) from IL Light Industry District to R2 Low Density Single and
Multi-Family Residential Zoning District (Planning Commission: Approved 9-0)
(p. 24-26).
F. Resolution No: 2018-19 - Authorizing a loan agreement in the principal amount
of not to exceed $10,000,000 for Wastewater Facilities Project (Cleveland
Utilities) (p. 27-28).
G. Resolution No: 2018-20 – Authorizing the Mayor to sign a grant contract
amendment for MPO Funds to add consolidated planning grant funds (p. 29-36).
H. Resolution No: 2018-21 – Amended the lease agreement with the Cleveland
Amateur Radio Club for the proposed expansion of the building into the
ingress/egress easement area (p. 37-45).
I. Resolution No: 2018-25 – Authorizing the Mayor to sign a grant application for
the High Visibility Enforcement Grant ($5,000; to purchase cameras, computer
and lighting supplies) (p. 46).
J. Surplus Property – Declaring certain items from Parks & Recreation to be
surplus and sold on GovDeals (p. 47).
VII. UNFINISHED BUSINESS
VIII. REPORTS OF COUNCIL MEMBERS
A. Vice Mayor Johnson E. Councilman May
B. Councilman McKenzie F. Councilman Hughes
C. Councilman Estes G. Councilman Banks
D. Councilman Cassada
IX. NEW BUSINESS AND ORDINANCES
A. Resolution No: 2018-22 – Reaffirming the City’s commitment to the Veteran’s
Home project (p. 48).
B. Resolution No: 2018-23 – Authorizing the Mayor to sign a Interlocal Agreement with
Bradley County in connection with the annexation of a parcel of property owned by
D&S Custom Homes LLC, located off Old Chattanooga Pike SW (p. 49-61).
C. Resolution No: 2018-24 – Authorizing the Mayor to sign a Interlocal Agreement
with Bradley County in connection with the annexation of a parcel of property
owned by Paul Steven Williams, located off APD40/Holloway Road (p. 62-72).
D. Zoning Ordinance No: 2018-09 – Rezoning approximately 0.66 acres located at
2020 Harle Ave NW and 20th St NW (Tax Map 049E Group B Parcels 5.00 and 6.00)
from R1 Single Family Residential Zoning District to PI Professional Institutional
Zoning District (Planning Commission: Motion to Deny 9-0) (p. 73-74).
X. ANNOUNCEMENTS
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