Cleveland City Council
Regular MeetingCleveland, TN · June 24, 2019
Minutes
p. 524 REGULAR SESSION
JUNE 24, 2019
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, JUNE 24,
2019 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND
MUNICIPAL BUILDING.
Present and presiding was Mayor Kevin Brooks. Also present were Councilmen Charlie
McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Ken Webb. Vice Mayor
Johnson 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,
Public Works Director; Lieutenant Daniel Gibbs; Mark Fidler, Jetport Director; Kim Spence,
Human Resource Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron
Harrison; Dustin Roberts, IT Administrator; Sue Zius, Assistant to the Mayor/Legislative Liaison;
Mike Griffin and Doug Berry with the Chamber of Commerce; Tad Bacon with Cleveland
Utilities; Bethany McCoy with Lee University; Alisha Fox; Carolyn Raspa; Marissa Buchanan;
Brittany Graves; Allyson Raper; Paul and Carol Walters; Joseph Lockhart; Mitchell Kinder;
Sharon Marr with Mainstreet Cleveland; Tim Sinead with The Cleveland Daily Banner.
Following the Pledge of Allegiance to the American Flag, led by Martha Ledford and prayer by
Councilman Bill Estes the following business was then entered into:
WAIVE READING OF MINUTES
Councilman May 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 June 10, 2019 and approve them as
written. The motion was seconded by Councilman Hughes; and upon roll call, the motion
unanimously passed.
SPECIAL PRESENTATIONS AND PUBLIC COMMENTS
Mr. Lumbard spoke regarding the rezoning of 4.5 acres located on Georgetown Road. He
stated the nearby Weston Hills entrance serves as a school bus pickup/dropoff and rezoning these
lots would increase danger to the students. It is a safety issue that needs to be considered. Also,
there has been a proposal of a 216-unit apartment complex at the corner of Villa Drive and
Georgetown Road, which would add 200 vehicles to that same area. It appears to him this could be
spot zoning, as there is not another business on that side of Georgetown Road and feels it could
change the character on that side of the road. The area has large housing developments and with the
expected widening of Georgetown Road, relief could be coming but currently the traffic is bumper to
bumper in the mornings. It could become a dangerous situation. He has approximately sixteen
signatures from Weston Hills residents opposing the rezoning. Councilman May asked if he spoke
before the Planning Commission. Mr. Lumbard replied no, he didn’t know about the rezoning until
he called and couldn’t attend the last meeting. Councilman Webb asked how many apartments could
go on the lots under the current zoning. Mr. Divel stated the density is large. Councilman Webb
stated then it could be a number of apartments. Mr. Lumard stated many things are allowed in the PI
zoning, as well as multi-family. However, he feels the city has a vested interest in the rezoning
because it would generate more revenue under PI. Councilman Cassada asked if the owners showed
any intent for the rezoning. Mr. Divel stated one homeowner wants to run his business office from
his home but feels it is in anticipation of the road widening. Councilman Cassada inquired about the
sizes of the signage for rezoning and when are the signs placed. Mr. Fivas stated currently we are
looking into the size of rezoning signs and ways to improve. Mr. Divel stated signs are posted one
week prior to the Planning Commission meeting and also ran in the newspaper.
Joseph Lockhart addressed the City Council concerning safety and crime in Bowman Forrest
and Mapleton Drive. He has seen several alerts on the app NextDoor of suspicious activity in these
areas and asked if the Police Department would offer additional assistance. Mayor Brooks asked Mr.
Lockhart to email him the specific streets requesting additional patrol and he would forward to the
Police Department.
p. 525 REGULAR SESSION
JUNE 24, 2019
PAGE -525-
MINUTE BOOK 29
Brittany Graves, Marissa Buchanan and Megan Anderson addressed the City Council
concerning allowing swine inside the city limits and to advocate Buchanan’s Barnyard, which
rescues pigs. Ms. Graves educated the City Council on miniature pigs and discussed her pet pig,
Calypso, who also serves as a certified therapy pet. She feels miniature pigs are smarter than dogs,
they do not have sweat glands, so they are not nasty, and hers does not go outside unless on a leash.
They are asking for the swine ordinance to be amended to allow them within the city limits. Ms.
Anderson stated her dog is more of a nuisance to her neighbors than her pet pig, Nugget. She is
never left outside unattended and several kids have bonded with Nugget. Also, Tennessee does
acknowledge this type of pig as a pet, not livestock, as well as many other states. She is asking for
an amendment as well. Marissa Buchanan, who is the CEO of Buchanan Barnyard stated she has
been around pigs most of her life and has a therapy pig as well for her PTSD. Her and her family
run the rescue from their own pocket, such as care, shots and spay/neuter. They have picked up
several pigs from Cleveland Animal Control and if we amend the code to allow swine in the city she
would offer her trapping and relocating services for free. Ms. Graves asked if anyone had questions
or concerns as they would like to answer them and help the Council understand mini pigs. It is
important to them to make this change and they have over two-thousand signatures. Councilman
Estes asked if a 300lb pig was considered a mini-pig. Ms. Graves stated it is not as common for them
to get that large, most breeds stay around 80lbs. TCA defines mini-pigs as well. Ms. Buchanan
extended an invitation to the Council to visit her rescue and Ms. Graves offered to bring her therapy
pig for the Council to see. Councilman Estes asked for an update on TCA rules concerning pigs. Mr.
Kimball stated the City of Knoxville allows pigs, which have to be kept inside, only outside on a
leash, spay or neutered and a limit on the number you can have. The City of Chattanooga allows
Vietnamese Pot-Bellied Pigs. If the Council is going to entertain this idea you need to give a lot of
thought to possible subdivision regulations, if you allow them they still might not be allowed in
every neighborhood. Do you want them outside? Are you going to require them to be spayed or
neutered? Councilman Estes stated once a year he gets a complaint about swine in someone’s
backyard. He doesn’t want to tackle our ordinance just for swine. Now might be the time to look at
all of it. He is certainly not opposed to pigs in Cleveland with severe restrictions. He has a problem
with size, you can’t control a large mad pig. He feels this takes some though. It is not a quick edit.
Ms. Anderson stated we are not asked for pig farms, we are asking for people to be able to keep their
pets. Councilman Estes stated maybe staff can look and bring us some options. We could use some
direction from the community and let us know what type of limitations, so we have something to
work with and also are there other things that need to be addressed. He asked for the ladies to gather
what they would like changed and hand it to city staff.
Carolyn Raspa, who is representing the families concerning the rezoning along Georgetown
Road stated the reason for their rezoning request is due to the five-lane construction and how the
expansion will cause depreciation of the residential property. The volume of traffic has increased
due to city expansion like new business growth, new subdivisions and future apartment complex,
multiple schools and other professional properties raise concerns. Safety for the current and future
homeowners entering and exiting these six properties has been an increasing issue over the past 15-
20 years. We feel that rezoning the properties allows for an opportunity to counteract the
depreciation of their properties. The highway project, along with the city growth in the area will
make it difficult to resale at R3. Rezoning gives them the ability and opportunity to recoup the loss
of depreciation of these properties. Finally, she understands there are concerns from the community,
rather about business growth or possible increase of noise in the area but they believe selling these
properties and developing them into small businesses, will not increase noise levels in the area.
Noise from the new highway will be a greater concern. Traffic from the new city school is a safety
concern for these six families. By granting this rezoning it allows us the opportunity to possibly sell
the property to recoup depreciation or use as a business ourselves. Councilman Cassada asked that
Zoning Ordinance 2019-27 be moved to unfinished business for further discussion.
Councilman Cassada moved to excuse Vice Mayor Johnson from today’s meeting due, who
is attending the TML Annual Conference in Memphis. The motion was seconded by Councilman
Hughes; and upon roll call, unanimously passed.
p. 526 REGULAR SESSION
JUNE 24, 2019
PAGE -526-
MINUTE BOOK 29
CONSENT AGENDA
Councilman Hughes moved to approve the following items from the Consent Agenda:
• Final Passage - Zoning Ordinance No: 2019-26 – heretofore passed on first reading
June 10, 2019 and found in Minute Book 29, Page 510; rezoning 5.5 acres, more or less,
located on Norman Chapel and Adkisson Dr NW (Tax Map 41D Group G Parcels
014.00, 015.00, 016.00, and 017.00) from R2 Low Density Single and Multi-Family
Residential Zoning District to PI Professional Institutional Zoning District (Planning
Commission: Approved; 9-0).
• Final Passage - Zoning Ordinance No: 2019-29 – heretofore passed on first reading
June 10, 2019 and found in Minute Book 29, Page 512; rezoning 1.01 acres, more or
less, located on Westside Dr and Douglas Circle NW (Tax Map 49B Group A Parcel
017.03) from R1 Single Family Zoning District to R3 High Density Single and Multi-
Family Residential Zoning District (Planning Commission: Approved 9-0).
• Final Passage - Zoning Ordinance No: 2019-30 – heretofore passed on first reading
June 10, 2019 and found in Minute Book 29, Page 519; zoning 1.33 acres, more or less,
located at 2764 South Lee Highway from the unincorporated county to R1 Single
Family Residential Zoning District (Planning Commission: Approved 9-0).
• Final Passage - Ordinance No: 2019-32 – heretofore passed on first reading on June
10, 2019 and found in Minute Book 29, Page 522; amending Title 2, Chapter 8, Section
2-802 pertaining to the Chairman of the Senior Citizen Advisory Committee.
• Resolution No: 2019-61 – Accepting Ashwood Place as a city street.
RESOLUTION NO: 2019-61
WHEREAS, Ashwood Place is a street shown on a plat of Ashwood Place
Subdivision, which plat was recorded on November 9, 2017 in Plat Book 33, page
83, in the Register of Deeds’ Office of Bradley County, Tennessee; and
WHEREAS, Ashwood Place is located inside the City limits of the City of
Cleveland; and
WHEREAS, the developer of this subdivision has requested that the City accept
Ashwood Place as a City street; and
WHEREAS, City engineering staff have inspected Ashwood Place to confirm that
this street has been constructed to City of Cleveland street construction standards;
and
WHEREAS, City engineering staff is now recommending that the City accept
Ashwood Place as a City street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cleveland, in regular session assembled, that the City does hereby accept Ashwood
Place as a City Street.
This 24th day of June, 2019.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
p. 527 REGULAR SESSION
JUNE 24, 2019
PAGE -527-
MINUTE BOOK 29
• Resolution No: 2019-62 – Authorizing the Mayor to sign a Right-of-Way Agreement for
Greenway connection along Keith Street and Inman Street.
RESOLUTION NO: 2019-62
A RESOLUTION ACCEPTING A DONATION OF PROPERTY FROM THERESA
EVANS TO BE USED FOR THE GREENWAY, AND APPROVING AN AGREEMENT
WITH THERESA EVANS CONCERNING THE SAME PROPERTY AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY
WHEREAS, Theresa Evans is in the process of developing property owned by it adjacent to
Inman Street more specifically identified as Tax Map 049N, Group D, Parcel 011.00, and
WHEREAS, in connection with the development of its property, Theresa Evans has graciously
offered to donate a portion of her real property to the City of Cleveland; and
WHEREAS, the land to be donated to the City, both in fee simple, as well as permanent
easements, will provide the City with land to construct an additional trailhead for the Greenway;
and
WHEREAS, City staff have been working with the donor to prepare an agreement between the
City and Theresa Evans relative to this project; and
WHEREAS, the proposed agreement between the parties is attached hereto and incorporated
herein by reference; and
WHEREAS, the City of Cleveland greatly appreciates the donor’s proposed gift to the City, and
desires to accept the same; and
WHEREAS, the City Council desires to approve of the agreement between the City of Cleveland
and Theresa Evans which is attached hereto and incorporated herein by reference, and the City
Council further desires to authorize the Mayor to sign the agreement on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland,
Tennessee does hereby accept the donation of the land described in the attached documents and it
hereby extends its sincere appreciation to Theresa Evans for its gift to the City.
BE IT FURTHER RESOLVED that the City Council of the City of Cleveland, Tennessee does
hereby extend its sincere appreciation to Robert Dee Burris, Jr. who has spent countless hours on
this project on behalf of Theresa Evans.
BE IT FURTHER RESOLVED that the City Council hereby approves of the proposed
agreement between the City of Cleveland and Theresa Evans which is attached hereto and
incorporated herein by reference, and the City Council further authorizes the Mayor to sign the
agreement on behalf of the City.
This 24th day of June, 2019.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
p. 528 REGULAR SESSION
JUNE 24, 2019
PAGE -528-
MINUTE BOOK 29
• Street Light Recommendation – 1st Street and Berry Street NE (Cleveland Utilities states
currently there is an existing 100-watt fixture; if an upgrade is desired they recommend a
39-watt LED fixture for a charge of $162.83 be installed and also turn the mast arm
perpendicular to 1st Street).
• Bid Report - Blythe Bower Field Irrigation & Sod Project.
TO: Mayor and City Council
FROM: Kristi Powers, Purchasing Coordinator
DATE: June 24, 2019
RE: Bid Summary – Blythe Bower Athletic Field Irrigation & Sod Project
SUMMARY:
Sealed bids were received on June 19, 2019, for the Blythe Bower Athletic Field Irrigation and
Sod Project. The bids are listed below:
• Landscape Services, Inc.
Nashville, TN $85,000.00 ______
• Ooltewah Nursery & Landscape Co, Inc.
Ooltewah, TN $69,740.00 _ _____
• Rainman Irrigation
Cleveland, TN $56,842.00_______
COMMITTEE FINDINGS:
No Board or Committee findings.
FISCAL ANALYSIS:
This is a CDBG project and is within budget.
RECOMMENDATION:
Staff is recommending award of the contract to Rainman Irrigation.
• Motion – Appointment - Shade Tree Board – Larry Presswood as Planning Commission
Representative.
• Motion – Approving the City Logo
• Street Light Recommendation – Seminole Drive NW (Cleveland Utilities recommends the
addition of one 39-watt LED cobra on an existing pole near 410 Seminole Drive NW.
p. 529 REGULAR SESSION
JUNE 24, 2019
PAGE -529-
MINUTE BOOK 29
• Resolution No: 2019-63 – Authorizing the Mayor to sign amendment #3 with TDOT
concerning the Georgetown Road/25th Street project (Extending the completion date to
December 31, 2019).
RESOLUTION NO. 2019-63
WHEREAS, the City has received the attached contract amendment #3 from the Tennessee
Department of Transportation (hereafter “TDOT”) for the project described below; and
Project: Intersection Improvements for Georgetown Road and
Westside Drive at 25th Street NW (SR-60)
Agreement Number: 110328
Project Identification Number: 116143.00
State Project #: 06LPLM-F3-030
Federal Project #: STP-M-60(23)
WHEREAS, the purpose of this amendment is to extend the project completion date until
December 31, 2019; and
WHEREAS, the City Council desires to enter into the attached contract amendment #3 with
TDOT, and to further authorize the Mayor to execute this contract amendment #3 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 contract amendment #3 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 24th day of June, 2019.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
The motion to approve the consent agenda was seconded by Councilman Webb; and upon
roll call, the motion was unanimously passed.
UNFINISHED BUSINESS
Councilman May moved that Ordinance No: 2019-31 – heretofore passed on first reading on
June 10, 2019, Minute Book 29, Page 521; amending Title 8, Chapter 2, Section 8-209(1) to increase
the number of Class 2 Beer Permits from 14 to 16 be approved on final reading. The motion was
seconded by Councilman Estes. Upon roll call, Councilman May, Councilman Estes, Councilman
Cassada, Councilman Hughes and Councilman Webb voted aye. Councilman McKenzie voted no.
The motion passed 5:1.
Councilman Cassada moved that Zoning Ordinance No: 2019-27; rezoning 4.5 acres, more
or less, located Georgetown Road between Kimberly Drive NW and Weston Hills Drive NW (Tax
Map 33K Group A Parcel 001.01, Tax Map 33N Group E Parcel 002.00, Tax Map 33N Group E
Parcel 003.00; Tax Map 33N Group E Parcel 004.00; Tax Map 33N Group E Parcel 005.00; and Tax
map 33N Group E Parcel 005.01.) from R3 High Density Single and Multi-Family Residential
Zoning District to PI Professional Institutional Zoning District be sent back to the Planning
Commission for a healthy debate. The motion was seconded by Councilman Hughes. Upon roll call,
Councilmen Cassada, Hughes, May, Webb and Estes voted aye. Councilman McKenzie passed on
the motion due to property ownership. The motion passed 5:0:1.
p. 530 REGULAR SESSION
JUNE 24, 2019
PAGE -530-
MINUTE BOOK 29
REPORTS OF MAYOR AND COUNCIL MEMBERS
Councilman Cassada reported a new section of the Greenway broke ground near Rolling
Hills and Candies Creek this morning. He feels this can’t happen quick enough and is a great
opportunity for the area. Councilman Webb stated we have reached a place with our Greenway
that we are beginning to see more neighborhoods have access and in the future we will
concentrate more on how to connect neighborhoods. Councilman Cassada stated this section
connects two churches, two schools and a neighborhood.
Councilman May inquired about sidewalks along 20th Street. Mr. Fivas replied AT&T
contacted staff this morning and guaranteed they would send their information today. Once that
is done and things are double checked it and after that we will go to bid.
Councilman Hughes asked about the project at Tomahawk Circle. Mr. Fivas replied staff
is looking at a number of options for the best solution and will get with him after the meeting to
discuss further. Councilman Hughes continued and stated it is his understanding the gentleman
who owned the property along Georgetown Road, to build the 213-unit apartment complex, sold
the property. Mr. Jobe stated he wasn’t sure if it sold but they were still pursuing the apartment
complex. Councilman Hughes stated the apartments that the same gentleman built on Adkisson,
he did sell those. Mr. Jobe stated correct and he will have to do research on the other property.
Lastly, Councilman Hughes reported over the weekend we had a representative from Cleveland
in the Miss Tennessee Volunteer Scholarship Pageant in Jackson, Tennessee, Ms. Blair Terrell.
She attends Lee University. He then commended Ms. Terrell on her outstanding talent in every
aspect of the pageant and in representing Cleveland well.
Councilman Webb asked that a motion be added to new business concerning a WiFi Task
Force.
Mayor Brooks thanked City Staff for the signage at Exit 25. We have only received
positive feedback.
NEW BUSINESS AND ORDINANCES
The following bid report on Candies Lane Improvements was presented in full:
TO: Mayor and City Council
FROM: Kristi Powers, Purchasing Coordinator
DATE: June 24, 2019
RE: Bid Summary – Candies Lane Improvements
SUMMARY:
Sealed bids were received on June 18, 2019, for Candies Lane Improvements.
The bids are listed below:
• Wright Brothers Construction
Charleston, TN $1,171,534.00
COMMITTEE FINDINGS:
No Board or Committee findings.
FISCAL ANALYSIS:
Funding is available.
RECOMMENDATION:
Staff is recommending award to Wright Brothers Construction.
p. 531 REGULAR SESSION
JUNE 24, 2019
PAGE -531-
MINUTE BOOK 29
Councilman Cassada moved to accept the bid report. The motion was seconded by
Councilman Estes. Councilman Cassada stated this is well overdue and something great for the
community. Upon roll call, the motion was unanimously approved.
Councilman Cassada stated he would like to step down from the Economic Development
Board. He then moved to nominate Councilman Ken Webb to be appointed as he will be a great asset
to the Board. The motion was seconded by Councilman May; and upon roll call unanimously passed.
Councilman Webb passed on the motion.
Councilman Cassada stated he and his wife had lunch with Mr. Moore some time back and he
was more than gracious to release the City from tearing the Moore Building down and to let us do
whatever we thought was best. In appreciation to the Moore Family, for their support, he would like
to see the City Council name that site, whatever becomes of it in the future, in honor of Mr. Joe
Sanders Moore. Ben Moore is up in age and would like to see this process done so Ben and Joe can
be a part of the process in honoring them for all they’ve done. The motion was seconded by
Councilman Hughes; and upon roll call, unanimously passed.
Councilman Cassada then addressed the Council concerning a possible Paul Huff/Freewill
Road connection. It has been discussed in the past and if it wasn’t for Paul Huff we wouldn’t have all
the development along there. Conceptually, on the idea of moving traffic around Cleveland, we
should have some open discussion from Exit 20 to Paul Huff and helping the city grow. This is a pie
in the sky and way down the road. Also, he wanted to discuss a possible connector from Exit 20 to
Harrison Pike with residential and commercial properties. This could potentially be a three to five-
year project. He would like a workshop to discuss how to move traffic around Cleveland.
Councilman May several years ago TDOT brought forth a connector a plan that would tie Stuart
Road into APD40 and assumed we would be working towards that. Councilman Cassada stated he
would like all Councilmembers to lay their cards on the table and this could be an opportunity to
work jointly with Bradley County. Also, in discussion with the community, please are asking about
sidewalks down Freewill Road. We should widen Freewill to a three-lane with sidewalks.
Councilman Webb stated these are all important goals and suggested we sit, look at all our capital
needs and compiling a list of our needs, like North Ocoee Street and 25th Street. Councilman Cassada
replied when you ask questions, it comes down to the answer I can’t get around town due to traffic.
He just wanted this discussion on the agenda for staff to get with Council and get a general map
together and start the process. Mayor Brooks asked Greg Thomas if he knew where the report was
for the Stuart Road/APD 40 extension. Mr. Thomas stated he would have to look to see what he could
find.
Councilman Webb distributed the following motion to appoint a WiFi Task Force. He then
moved to approve the motion.
p. 532 REGULAR SESSION
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PAGE -532-
MINUTE BOOK 29
The motion was seconded by Councilman Estes and also asked for the group to look at
providers, not just providing services in-house but to local businesses or to possibly partner with
EPB. Upon roll call, the motion unanimously passed.
There being no future business the meeting was adjourned at 4:20 p.m.
_________________________________ ______________________________
Mayor City Clerk
Agenda
City Council 190 Church St., NE
Cleveland, TN 37312
Work Session www.clevelandtn.gov
Agenda
Monday, June 24, 2019 1:00 PM Municipal Building
1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS
2. UPDATES FROM THE CITY MANAGER
a. Update on End of Fiscal Year
b. Discussion of city match for the Build Grant
c. Update on traffic planning for Candy’s Creek Cherokee Elementary School
d. Downtown Redevelopment Update
3. REVIEW OF 3:00 AGENDA – CITY MANAGER
4. REPORTS OF COUNCIL MEMBERS
a. Councilman Cassada
b. Councilman May
c. Councilman Hughes
d. Councilman Webb
e. Vice Mayor Johnson
f. Councilman McKenzie
g. Councilman Estes
5. ANNOUNCEMENTS
6. ADJOURNMENT
City Council 190 Church St., NE
Cleveland, TN 37312
Regular Session www.clevelandtn.gov
Agenda
Monday, June 24, 2019 3:00 PM Municipal Building
ORDER OF BUSINESS
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE AND INVOCATION
4. WAIVE READING OF MINUTES
a. Regular Session – June 10, 2019 (p. 1)
5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS
6. HEARING PETITIONS AND COMMUNICATIONS
7. CONSENT AGENDA
a. Final Passage - Zoning Ordinance No: 2019-26 – Rezoning 5.5 acres, more or
less, located on Norman Chapel and Adkisson Dr NW (Tax Map 41D Group G
Parcels 014.00, 015.00, 016.00, and 017.00) from R2 Low Density Single and Multi-
Family Residential Zoning District to PI Professional Institutional Zoning District
(Planning Commission: Approved; 9-0) (p. 2-5).
b. Final Passage - Zoning Ordinance No: 2019-27 – Rezoning 4.5 acres, more or less,
located Georgetown Road between Kimberly Drive NW and Weston Hills Drive NW
(Tax Map 33K Group A Parcel 001.01, Tax Map 33N Group E Parcel 002.00, Tax Map
33N Group E Parcel 003.00; Tax Map 33N Group E Parcel 004.00; Tax Map 33N
Group E Parcel 005.00; and Tax map 33N Group E Parcel 005.01.) from R3 High
Density Single and Multi-Family Residential Zoning District to PI Professional
Institutional Zoning District (Planning Commission: Approved 9-0) (p. 6-9).
c. Final Passage - Zoning Ordinance No: 2019-29 – Rezoning 1.01 acres, more or
less, located on Westside Dr and Douglas Circle NW (Tax Map 49B Group A Parcel
017.03) from R1 Single Family Zoning District to R3 High Density Single and Multi-
Family Residential Zoning District (Planning Commission: Approved 9-0) (p. 10-13).
d. Final Passage - Zoning Ordinance No: 2019-30 - Zoning 1.33 acres, more or less,
located at 2764 South Lee Highway from the unincorporated county to R1 Single
Family Residential Zoning District (Planning Commission: Approved 9-0) (p. 14-17).
e. Final Passage - Ordinance No: 2019-32 – Amending Title 2, Chapter 8, Section 2-
802 pertaining to the Chairman of the Senior Citizen Advisory Committee (p. 18-20).
f. Resolution No: 2019-61 – Accepting Ashwood Place as a city street (p. 21-24).
g. Resolution No: 2019-62 – Authorizing the Mayor to sign a Right-of-Way Agreement
for Greenway connection along Keith Street and Inman Street (To be distributed at
the meeting) (p. 25).
h. Street Light Recommendation – 1st Street and Berry Street NE (Cleveland Utilities
states currently there is an existing 100-watt fixture; if an upgrade is desired they
recommend a 39-watt LED fixture for a charge of $162.83 be installed and also turn
the mast arm perpendicular to 1st Street or Berry Street, whichever direction the
Council prefers) (p. 26-28).
i. Bid Report - Blythe Bower Field Irrigation & Sod Project (p. 29-30).
j. Motion – Appointment - Shade Tree Board – Larry Presswood as Planning
Commission Representative (p. 31).
k. Motion – Approving the City Logo (p. 32-33).
8. UNFINISHED BUSINESS
a. Final Passage - Ordinance No: 2019-31 – Amending Title 8, Chapter 2, Section 8-
209(1) to increase the number of Class 2 Beer Permits from 14 to 16 (p. 34-36).
9. REPORTS OF COUNCIL MEMBERS
a. Councilman Cassada
b. Councilman May
c. Councilman Hughes
d. Councilman Webb
e. Vice Mayor Johnson
f. Councilman McKenzie
g. Councilman Estes
10. NEW BUSINESS AND ORDINANCES
a. Bid Report - Candies Lane Improvements (p. 37-38).
b. Discussion of Long-Range Transportation Planning and Project Ideas (Councilman
Cassada).
11. ANNOUNCEMENTS
12. ADJOURNMENT
-1-
-A-
I MOVE 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 JUNE 10, 2019 AND APPROVE THEM AS WRITTEN.
-2-
City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Jonathan Jobe, DES Director
DATE: June 24, 2019
RE: Final Passage - Zoning Ordinance No. 2019-26
Rezoning of 5.5 acres located on Norman Chapel & Adkisson Dr. NW
SUMMARY:
Final Passage - Zoning Ordinance No. 2019-26 - Rezoning .5 acres, more or less,
located on Norman Chapel and Adkisson Drive NW (Tax Map 41 D Group G Parcels
014.00, 015.00, 016.00, and 017.00) from R2 Low Density Single and Multi-Family
Residential Zoning District to Pl Professional Institutional Zoning District
COMMITTEE FINDINGS:
David May, Jr. made a motion to approve the zoning request and Bill Hamilton seconded
the motion.
FISCAL ANALYSIS:
No impact
RECOMMENDATION:
Planning Commission vote 9-0, the motion passed.
-3-
I MOVE THAT ZONING ORDINANCE NO: 2019-26 - REZONING 5.5 ACRES,
MORE OR LESS, LOCATED ON NORMAN CHAPEL AND ADKISSON DR NW
(TAX MAP 41D GROUP G PARCELS 014.00, 015.00, 016.00, AND 017.00) FROM
R2 LOW DENSITY SINGLE AND MULTI-FAMILY RESIDENTIAL ZONING
DISTRICT TO PI PROFESSIONAL INSTITUTIONAL ZONING DISTRICT:
HERETOFORE APPROVED ON FIRST READING JUNE 10, 2019 AND FOUND IN
MINUTE BOOK29, PAGE 510 BE VOTED FOR PASSAGE ON FINAL READING.
-4-
Zoning Ordinance No. 2019-26
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 R2 Low Density Single and Multi-family Residential Zoning District to
Pl Professional Institutional Zoning District.
Approximately 5.5 acres, more or less, located on Norman Chapel Rd
and Adkisson Dr NW as shown on the attached map.
For reference, same property is being shown on Tax Map 41 D Group
G Parcels 14.00, 15.00, 16.00 & 17.00 in the Assessor's Office for
Bradley County, Tennessee.
BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed
to the extent of said conflict.
BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its
passage on final reading, the public welfare requiring it.
APPROVED AS TO FORM:
Jo Kevin Brooks, Mayor
Shawn McKay, City Clerk
-5-
Exhibit
-6-
., City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Jonathan Jobe, DES Director
DATE: June 24, 2019
RE: Final Passage - Zoning Ordinance 2019-27
Rezoning 4.5 acres located on Georgetown Road between Kimberly
Drive NW and Weston Hills Drive NW
SUMMARY:
Final Passage -Zoning Ordinance 2019-27 Rezoning 4.5 acres, more or less, located
Georgetown Road between Kimberly Drive NW and Weston Hills Drive NW (Tax Map
33K Group A Parcel 001.01, Tax Map 33N Group E Parcel 002.00, Tax Map 33N Group
E Parcel 003.00; Tax Map 33N Group E Parcel 004.00; Tax Map 33N Group E Parcel
005.00; and Tax map 33N Group E Parcel 005.01 .) from R3 High Density Single and
Multi-Family Residential Zoning District to Pl Professional Institutional Zoning District.
COMMITTEE FINDINGS:
Tricia Pennington made a motion to approve rezoning request and Jamie Creekmore
seconded the motion.
FISCAL ANALYSIS:
No impact
RECOMMENDATION:
Planning Commission vote 9-0, the motion passed.
-7-
I MOVE THAT ZONING ORDINANCE NO: 2019-27 - REZONING 4.5 ACRES,
MORE OR LESS, LOCATED GEORGETOWN ROAD BETWEEN KIMBERLY
DRIVE NW AND WESTON HILLS DRIVE NW (TAX MAP 33K GROUP A PARCEL
001.01, TAX MAP 33N GROUP E PARCEL 002.00, TAX MAP 33N GROUP E
PARCEL 003.00; TAX MAP 33N GROUP E PARCEL 004.00; TAX MAP 33N
GROUPE PARCEL 005.00; AND TAX MAP 33N GROUPE PARCEL 005.01.) FROM
R3 HIGH DENSITY SINGLE AND MULTI-FAMILY RESIDENTIAL ZONING
DISTRICT TO PI PROFESSIONAL INSTITUTIONAL ZONING DISTRICT:
HERETOFORE APPROVED ON FIRST READING JUNE 10, 2019 AND FOUND IN
MINUTE BOOK 29, PAGE 511 BE VOTED FOR PASSAGE ON FINAL READING.
-8-
Zoning Ordinance No. 2019-27
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 R3 High Density Residential Zoning District to Pl Professional
Institutional Zoning District.
Approximately 4.5 acres, more or less, located on Georgetown Rd
NW as shown on the attached map.
For reference, same property is being shown on Tax Map 33K Group
A Parcel 001.01, Tax Map 33N Group E Parcel 002.00, Tax Map 33N
Group E Parcel 003.00; Tax Map 33N Group E Parcel 004.00; Tax Map
33N Group E Parcel 005.00; and Tax map 33N Group E Parcel 005.01
in the Assessor's Office for Bradley County, Tennessee.
BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed
to the extent of said conflict.
BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its
passage on final reading, the public welfare requiring it.
APPROVED AS TO FORM:
Kevin Brooks, Mayor
Shawn McKay, City Clerk
-9-
Exhibit
-10-
City Council 190 Church St., NE
Cleveland, TN 37312
www .clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Jonathan Jobe, DES Director
DATE: June 24, 2019
RE: Final Passage - Zoning Ordinance 2019-29
Zoning 1.01 acres located on Westside Drive and Douglas Circle NW
SUMMARY:
Final Passage - Zoning Ordinance 2019-29 Rezoning 1.01 acres, more or less, located
on Westside Dr and Douglas Circle NW (Tax Map 498 Group A Parcel 017.03) from R1
Single Family Zoning District to R3 High Density Single and Multi-Family Residential Zoning
District.
COMMITTEE FINDINGS:
David May, Jr. made a motion to approve the rezoning request. Clarke Taylor
seconded the motion.
FISCAL ANALYSIS:
No impact
RECOMMENDATION:
Planning Commission vote 9-0, the motion passed.
-11-
I MOVE THAT ZONING ORDINANCE NO: 2019-29 - REZONING 1.01 ACRES,
MORE OR LESS, LOCATED ON WESTSIDE DR AND DOUGLAS CIRCLE NW
(TAX MAP 49B GROUP A PARCEL 017.03) FROM Rl SINGLE FAMILY ZONING
DISTRICT TO R3 HIGH DENSITY SINGLE AND MULTI-FAMILY RESIDENTIAL
ZONING DISTRICT: HERETOFORE APPROVED ON FIRST READING JUNE 10,
2019 AND FOUND IN MINUTE BOOK 29, PAGE 512 BE VOTED FOR PASSAGE
ON FINAL READING.
-12-
Zoning Ordinance No. 2019-29
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 R1 Single Zoning Residential Zoning District to R3 Multi-family Zoning
Residential District
Approximately 1.00 acres, more or less, located on Westside Dr NW
and Douglas Circle NW as shown on the attached map.
For reference, same property is being shown on Tax Map 498 Group
A Parcel 17.03 in the Assessor's Office for Bradley County,
Tennessee.
BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed
to the extent of said conflict.
BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its
passage on final reading, the public welfare requiring it.
APPROVED AS TO FORM:
J Kevin Brooks, Mayor
Shawn McKay, City Clerk
-13-
Exhibit
-14-
City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Jonathan Jobe, DES Director
DATE: June 24, 2019
RE: Final Passage - Zoning Ordinance 2019-30
Zoning 1.33 acres located at 2764 S. Lee Hwy
SUMMARY:
Final Passage - Zoning Ordinance 2019-30 Zoning 1.33 acres more or less, located at
2764 South Lee Highway from the unincorporated county to R1 Single Family Residential
Zoning District.
COMMITTEE FINDINGS:
David May, Jr. made a motion to approve the adoption of the Plan of Services and Larry
Presswood seconded the motion.
Maryl Elliott made a motion to approve the Resolution to annex and Bill Hamilton
seconded the motion.
FISCAL ANALYSIS:
No impact
RECOMMENDATION:
Planning Commission vote 9-0, the motion passed.
-15-
I MOVE THAT ZONING ORDINANCE NO: 2019-30-ZONING 1.33 ACRES, MORE
OR LESS, LOCATED AT 2764 SOUTH LEE HIGHWAY FROM THE
UNINCORPORATED COUNTY TO Rl SINGLE FAMILY RESIDENTIAL ZONING
DISTRICT: HERETOFORE APPROVED ON FIRST READING JUNE 10, 2019 AND
FOUND IN MINUTE BOOK 29, PAGE 519 BE VOTED FOR PASSAGE ON FINAL
READING.
-16-
ZONING ORDINANCE NO: 2019-30
AN ORDINANCE TO ZONE THE "2764 SOUTH LEE HWY FOX PROPERTY
ANNEXATION" WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND,
TENNESSEE
WHEREAS, a public hearing before this body was held on the 10 th day of June 2019 a notice thereof
published in the Cleveland Daily Banner on May 26, 2019 and
WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this
property was adopted by Resolution No: 2019-54; and,
WHEREAS, this property was annexed by Resolution No: 2019-55 ; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEVELAND, TENNESSEE:
Section 1. 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, zoned from FAR
Forestry/ Agricultural/Residential within the unincorporated County to Rl Single Family Residential
Zoning District within the corporate limits of the City of Cleveland.
Section 2. The property shown in Exhibit "A" and shall be zoned in accordance with the legal
description described in Exhibit "B", attached hereto and made a part hereof by reference, upon the
effective date of this ordinance.
Section 3. Be it further ordained that this Ordinance shall take effect immediately on final reading the
public welfare requiring it.
APPROVED AS TO FORM:
Jo Kevin Brooks, Mayor
Shawn McKay, City Clerk
-17-
Exhibit A
I
\'
Exhibit B
Legal Description
Beginning at the northwestern most line of US Highways 11 and 64, also known as South Lee Highway,
said point of beginning being the northeastern corner of the lands of Henry; and run thence with the
northeastern most line of the lands of Henry, North 66 degrees 45 minutes West, 300.0 feet to a corner;
thence North 42 degrees 46 minutes East, 200.0 feet to a corner; thence South 66 degrees 45 minutes
East, 300.0 feet to an iron pin set in the Northwestern most line of US Highways 11 and 64; run thence
with said line of said highways, South 42 degrees 46 minutes West, 200.0 feet to the northeasternmost
corner of the lands of Henry, the place of beginning.
-18-
City Council 190 Church St., NE
Cleveland, TN 37312
www .clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Joe Fivas, City Manager
DATE: June 24, 2019
RE: Senior Citizen Advisory Committee
SUMMARY:
The Senior Citizen Advisory Committee is drafted to be chaired by only the
Mayor. This amendment allows the Mayor, or his designee, to chair the Senior
Citizen Advisory Committee.
COMMITTEE FINDINGS:
No Board or Committee action.
FISCAL ANALYSIS:
NIA
RECOMMENDATION:
Staff recommends approval of this agenda item.
-19-
I MOVE THAT ORDINANCE NO: 2019-32 - AMENDING TITLE 2, CHAPTER 8,
SECTION 2-802 PERTAINING TO THE CHAIRMAN OF THE SENIOR CITIZEN
ADVISORY COMMITTEE: HERETOFORE APPROVED ON FIRST READING
JUNE 10, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 522 BE VOTED FOR
PASSAGE ON FINAL READING.
-20-
ORDINANCE NO: 2019-32
AN ORDINANCE TO AMEND TITLE 2 CHAPTER 8, SECTION 2-802, OF THE CLEVELAND
MUNICIPAL CODE RELATIVE TO THE SENIOR CITIZEN ADVISORY COMMITTEE
WHEREAS , the City Council desires to amend Title 2 of the Cleveland Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED, THAT:
SECTION 1: Section 2-802 of the Cleveland Municipal Code is herby amended to read as
follows:
2-802. Membership. The Senior Citizen Advisory Committee shall consist of seven members who
at least 62 years of age. Each member must be a resident of the City of Cleveland at the time of
their appointment.
The Mayor or designee will serve as the Chairman of the seven-member committee. The City
Manager shall appoint a staff member to be a liaison and a secretary/clerk for the Committee.
The committee will be composed of one resident from each of the five City Council districts, and
two additional residents of the City who shall serve at large. The members of the Senior Citizen
Advisory Committee shall serve without compensation.
Each council member shall select one member to serve on the committee.
SECTION 2. 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:
Kevin Brooks, Mayor
Shawn McKay, City Clerk
-21-
City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Joe Fivas, City Manager
DATE: June 24, 2019
RE: Street Acceptance for Ashwood Place
SUMMARY:
The developer of Ashwood Place has requested that the City accepts the publicly
platted streets within Ashwood Place subdivision. Our City Engineer has
reviewed this project and is recommending approval of this street acceptance
based on compliance with the ordinance . The developer still has a $3,000
cashier check as a surety with the City to complete some stormwater issues
related to the project.
COMMITTEE FINDINGS:
No Board or Committee Finding
FISCAL ANALYSIS:
NIA
RECOMMENDATION:
Staff recommends the Council considers approval of this street acceptance.
-22-
RESOLUTION NO: 2019-61
WHEREAS, Ashwood Place is a street shown on a plat of Ashwood Place Subdivision,
which plat was recorded on November 9, 2017 in Plat Book 33, page 83, in the Register
of Deeds' Office of Bradley County, Tennessee; and
WHEREAS, Ashwood Place is located inside the City limits of the City of Cleveland; and
WHEREAS, the developer of this subdivision has requested that the City accept
Ashwood Place as a City street; and
WHEREAS, City engineering staff have inspected Ashwood Place to confirm that this
street has been constructed to City of Cleveland street construction standards; and
WHEREAS, City engineering staff is now recommending that the City accept Ashwood
Place as a City street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in
regular session assembled, that the City does hereby accept Ashwood Place as a City
Street.
This 24th day of June, 2019.
APPROVED AS TO FORM:
John F. Kimball, City Attorney Kevin Brooks, Mayor
Shawn McKay, City Clerk
-23-
Christy Bryant
From: Brian Beck
Sent: Wednesday, June 19, 2019 3:44 PM
To: Christy Bryant; John Kimball (kimball_lawfirm@bellsouth.net)
Cc: Joe Fivas; Jonathan Jobe; Tonya Young; Chris Broom
Subject: FW: Road Acceptance - Ashwood Place
Attachments: ASHWOOD PLACE SUB. - FINAL PLAT - 20171109.pdf
Christy and John,
Please include the attached recorded Final Plat and the following on the next City Council agenda.
City staff have inspected Ashwood Place (approximately 220 LF) located in Ashwood Place Subdivision and recommend
that it is accepted as a city street.
Note that the following work remains to be completed:
• Convert the existing subdivision sediment basin to a detention pond.
• Provide an as-built survey of the stormwater drainage infrastructure.
• Outstanding items that remain to be addressed with the Stormwater department.
The City is currently holding a $3,000 cashier's check for work to be completed. Brian Beck has coordinated with the
developer, Mitchell Kinder, and made him aware that the City will accept the street into the street network, however,
the cashier's check will continue to be held until the work listed above is completed.
Thanks,
Brian
Brian Beck, P.E.
City Engineer
City of Cleveland
Development & Engineering Services
Engineering Division
185 2 nd Street NE
Cleveland, TN 37311
(ph) 423-479-1913
(cell) 423-593-6432
1
....,I
~
I
Nofos:
1, Driveways accessing Free111ill Rood shall hove o t1Rtli011 • CIZ:IOPM
driveway turnaround to prevent bocking onto F'reewil! ;: •.....,.,.:.7::,3!,8"
Rood.
2. The driveways for Lot 5 & 11 shall access
Ashwood Place or as required by the City of Cleveland
-~:::.....
~
and/or Bradley County. The driveway for Loi 14 shalt
I access 22nd Street NW or cs required by the City of
Cleveland and/or Bradley County,
I 3. All the lots and streets or roadways shown hereon
~;h;~~~~~= ; 'Yr,:~w~11
t~!~~d w~i~~P~,~~e:~;
in unincorporoted Brodtey County.
remains ' - - - - - - - - - - - - - - - - -
l~ 4. Previous plotted lots lines, along with any
ossocioted easements and/or setbacks. as shown by
"""~
plot:a recorded in the Brodley County Register- of
___ __ _
Deeds Office in Plot Book 20, Page 127 and Ptot
Ju J/ap: 41 Pan:« 40.~ 41J.OJ .t pan td 4LO
LOCATJJJN MAP {N. T.S.) l~
~ ."1,s '1
9.
sveD /
'"'<
Book 26, Page 45 ore hereby abandoned by this plot.
S. The Perpetual Stormwoter facility Maintenance
Agreement shown hereon applies only to Ashwood
11-1.r,Q\, Place Subdivision, Phase 1. Lot owners of Phase 1
v:;:;;; ~&~
MCm'ENOfftDl,HAIIPIGR!YIOIEDll<ISPl>r.
DA.ft Clrl'EICIHIER
, /
are only responsible for matters related to Ashwood au.tHER(QUat[WENISHAw«lllttNFUU.fU£DPUR-
~~~
Place Subdivision, Phase 1, and ore not responsible
for the detention pond, or other matters, related to
/ Phase 2,
=-=-~":':.=-.:-...:.o:.t=:=::-..: / 6. No. 5 rebor with cap were set at all corners. out UCJIOARI'
===:...--:.-=.-::,:-=.,"'-=~-==:.-:.:.=..-: 7. Lots will be subject to restrictions to be recorded.
a>IGI
~~~~~~~~-
8. Vegatated swoles shown ore approximate.
9. The sediment basin lore boy & diversion ditch may
be filled when construction completion requirements
~ hove been met as required by the City of Cleveland.
~~~~;:;-~--==~: :::......
..,
I .._ :::: ......
":t,l'
9>.,J•
1//4
~..,.
- /
~~~Iii{~
-- h \J~ /
----':::::...._,I
• -... I
.....
,-,@f 0 / (~
i!!:~
:::-..:=---... - - - - !1l~JL f ~-JL
'6'
11
~lTAAY SEWER EASEMENT
OHE OVERHtM> ELEClRIC
PP
DE
POWER POLE
DffAINAC( EASO,l[NJ
r -,
I,-
1 I
I
I
=~~:a:~~~~aa
~1?~=-=-~~~;-::~_-;..~ GenerQI Notes·
==':-:s..=:::::.:=::=:...~""'::=· A• 191.28" Area svbdi~dttl: ~
~~i~:¥ffe:=:~~!i
piit-~..·-·----
R • 1674.15"
S 10'38"-439 E
C • 191,18"
Cllmmt Zoning:: R-1
This tract is not in o Flood Hazard Area
(Rt1ff!l't1nct1: F.I.R.IJ. Mop 47011COIID£)
20' Ulility 4- Droinoga £osaments on oJI
lot lint1s obullin9 public roods.
10' Utility & DNMoga £asMnMits on oJI
ASHWOOD PLACE SUBDMSION
EllldlJ!J,,JI
__ _1__, tJovem!:tr ..J1.. lot lines forming outs/do boundary.
7.5' Utility & Oralnage Eosemttnls on
PHASE I LOTS I /8
ilJterlor lot llntJS.
Water by: CJovaland utmtles. LOCATED IN THE SECOND CIVIL DISTRICT
Electricity By: Clevttland UtRitills. CLEVELAND, BRADLEY COUNTY. TENNESSEE
Sewer By. Clt1VtJ/and Utilities.
Building S'ofbqcks· Deed Rafarenca: Deed Sook 2.JB7. Pg. 848.
Front: 25' Oeed Book. 2388, Pg, 989 and Dt:t:d 8oolc
SCALE 1"=50' JUNE 30. 2017
Rt!ar: rs· 2392, Pg J01. EQB: MITCHELL T. KINDER &: SHERRA E. KINDER
Sid,: Strev:t: 23'
Sfdflline: 10· GRAPHIC SCALE 135 TERRI LANE
McDONALD, TN 37353
SuRVEYING
w W-;
< 0t nzrJ
'f (423) 618-5725
lmoob•flOn.
CoMPANY Re~s«J 11/1/11 Project No. 160704
Booll.Pa»P-,.U
-25-
City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Joe Fivas, City Manager
DATE: June 24, 2019
RE: Acceptance of ROW Agreement for Greenway
SUMMARY:
The City has been working on an agreement with a property owner for a
combination of property donated to the City for a greenway connection along
Keith Street and Inman Street, and an area for the City to construct a greenway
parking area along this future greenway connection. The City will agree to
construct a parking on this property and related stormwater improvements. All
of this property is within the floodplain.
We understand the agreement has been signed and is being reviewed by legal
counsel and will be distributed before the Council meeting.
COMMITTEE FINDINGS:
No Board or Committee Finding
FISCAL ANALYSIS:
NIA
RECOMMENDATION:
Upon legal review, Staff recommends the Council considers approval of this ROW
acceptance and allowing the Mayor to sign the agreement.
-26-
City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Joe Fivas, City Manager
DATE: June 24, 2019
RE: Street Light Recommendation - 1st and Berry Street
SUMMARY:
An upgrade to an existing 100-watt street light fixture was received by city
staff. Cleveland Utilities reviewed the area and if an upgrade is desired, they
recommend upgrading to a 39-watt LED fixture for a charge of $162.83 and to
also turn the mast arm perpendicular to 1st Street or Berry Street, whichever
direction the Council prefers.
COMMITTEE FINDINGS:
No Committee or Board action.
FISCAL ANALYSIS:
Cleveland Utilities will be the city $162.83 and a nominal impact to the city's
street light investment charges.
RECOMMENDATION:
Staff recommends approval of Cleveland Utilities recommendation.
-27-
,) i ~
Cleveland 0
'-6•Utilities"
www.clevelandutilities.com
Your Hom etown Connection
SENT VIA EMAIL
June 10, 2019
Mrs. Christy Brandon, Support Services Manager
City of Cleveland
Post Office Box 1519
Cleveland, TN 37364
RE : Street Light Request
Mayor Kevin Brooks - 1st Street and Berry Street NE
Dear Christy:
As requested, Cleveland Utilities investigated the existing street light at the intersection of 1st
Street and Berry Street NE for an upgrade to a LED fixture . There is an existing 100 watt
mercury vapor fixture. If an upgrade is desired at this location, we recommend a 39 watt LED
cobra be installed . A charge of $162 .83 would be invoiced to the City to take the working 100
watt HPS fixture down and replace it with LED .
Please note the current fixture is mounted at a 45 degree angle to the intersection. In order to
prevent the LED from disturbing the residents near this intersection, we recommend the fixture
and mast arm be turned perpendicular to 1st Street or Berry Street, whichever direction the
council prefers .
I have attached a drawing of the roadway with the location of the existing fixture, wattages and
distances for reference.
Very truly yours,
CLEVELAND UTILITIES
Irr±~
Bart Borden
Electric Division VP
BB:bb
Attachment: Drawing
cc: Tim Henderson , Jimmy Isom , Jeff Luther
2450 Guthrie Avenue, NW • P.O. Box 2730 • Cleveland, TN 37320-2730 • (423) 472-4521
CLEVELAND UTILITIES
ELECTRIC DIVISION
STREET LIGHT REVIEW
CUSTOMER NAME: CITY OF CLEVELAND
ADDRESS: 1ST ST NE & BERRY ST NE
PHONE :tt 4 7 8-6266
KW
C
051660A
30'
SKE TCH NO. _ _ _ _ __ _ __
L- _0_0_1_ _ __ _ __ _
-29-
City Council 190 Church St., NE
Cleveland, TN 37311
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Kristi Powers, Purchasing Coordinator
DATE: June 24, 2019
RE: Bid Summary - Blythe Bower Athletic Field Irrigation & Sod Project
SUMMARY:
Sealed bids were received on June 19, 2019, for the Blythe Bower Athletic Field
Irrigation and Sod Project. The bids are listed below:
• Landscape Services, Inc.
Nashville, TN $85,000.00
• Ooltewah Nursery & Landscape Co, Inc.
Ooltewah, TN $69,740.00
• Rainman Irrigation
Cleveland, TN $56,842.00
COMMITTEE FINDINGS:
No Board or Committee findings.
FISCAL ANALYSIS:
This is a CDBG project and is within budget.
RECOMMENDATION:
Staff is recommending award of the contract to Rainman Irrigation.
-30-
City of Cleveland
CLEVELAND 'fENNESSEE
Dcvelopme111 & Engilleeri11g S.:rv;ces
Brian H. ,Beck, PE 185 Second Street NE
City Engineer Cleveland, TN 37311
bbeck@clevelandtn.gov (423) 4 79-1913
Cell; {423) 593-6432 Fax: (423) 559-3373
Jun.e 19, 2019
Mr. Joe Fiv.as, City Manager
Ms. Kristi Powers, Budget/Purchasing Coordinato r
City of Cleveland
190 Church Street NE
Cleveiand, TN 37311
Subject: Blythe Bower Field lrrigation & Sod Project
Dear Mr. Fivas & Ms. Powers,
Bid proposals from 3 contractors were opened on the subject project. After review of the bid
documents, it is r,e commended, to award the contra.ct fo r the subjed proJect to Ra.i nman Irrigation
Company .a s the lowest respons,i ble bidder for $56,842.
Don't hesitate to contact me at 423-593-6432, if the re are any questiions or comments.
Sincerely,
Brian Beck, PE
City Engineer
CC: Jonathon Jobe, Development & Engineering Services Director
John Kimball, City Attorney
Cathy Andrews, Redevelopment Coordinator
-31-
City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn .gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Joe Fivas, City Manager
DATE: June 24, 2019
RE: Shade Tree Board - Planning Commission Representative
SUMMARY:
The Planning Commission is recommending Larry Presswood to be the Planning
Commission's Shade Tree Board representative.
COMMITTEE FINDINGS:
Planning Commission recommendation.
FISCAL ANALYSIS:
NIA
RECOMMENDATION:
Staff recommends the Council & Mayor's approval of appointing Larry Presswood
to the Shade Tree Board as the Planning Commission representative.
-32-
City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Brian Moran, Assistant to the City Manager/Communications Coord.
DATE: 6/19/2019
RE: City Logo
Summary:
City staff have gone through an extensive research process over the past year to create
and develop a logo that could be implemented as a part of the city's new cohesive
community brand to work in tangent with the redesign and enhancement of the city's
website, digital presence and community engagement.
CivicPlus our current web services provider has assisted with the development and
creation of the logo being presented to the city council that can be used in variety of
different branding manners including: banners, letter head, print media, digital media,
events, business cards, t-shirts, emblems etc.
Committee Findings:
The current design is the final recommended by the committee.
Fiscal Analysis:
No impacts on the current fiscal year budget or FY 2021 Budget.
Recommendation :
City staff are recommending approving the logo design.
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-34-
City Council 190 Church St., NE
Cleveland, TN 37312
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Joe Fivas, City Manager
DATE: June 24, 2019
RE: Class 2 Beer Permit
SUMMARY:
The City has received a request and inquiry to expand the number of Class 2
Beer permits within the City. The latest request is for a opportunity to serve beer
at events at the Old Woolen Mill Music Nights . This item would increase from
the current 14 permits to 16 permits. The Beer Board would make a decision
on the specifics of the Beer Permit.
COMMITTEE FINDINGS:
No Board or Committee action.
FISCAL ANALYSIS:
NIA
RECOMMENDATION:
Staff's recommendation is to approve this item on final reading.
-35-
I MOVE THAT ORDINANCE NO: 2019-31 - AMENDING TITLE 8, CHAPTER 2,
SECTION 8-209(1) TO INCREASE THE NUMBER OF CLASS 2 BEER PERMITS
FROM 14 TO 16: HERETOFORE APPROVED ON FIRST READING JUNE 10, 2019
AND FOUND IN MINUTE BOOK 29, PAGE 521 BE VOTED FOR PASSAGE ON
FINAL READING.
-36-
ORDINANCE NO: 2019-31
WHEREAS, under Section 8-209(1) of the Cleveland Municipal Code, Class 2 beer permits for
on premises consumption are currently limited to fourteen (14) permits; and
WHEREAS, the City Council desires to amend Section 8-209 (1) of the Cleveland Municipal
Code to increase the number of Class 2 beer permits from fourteen (14) to sixteen (16).
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee,
in regular session assembled:
Section 1: Title 8, Chapter 2, Section 8-209(1) of the Cleveland Municipal Code is amended by
deleting 8-209 (1) in its entirety and replacing it with the following language:
8-209 Beer permits shall be restrictive. (1) All beer permits shall be restrictive as the type of
beer business authorized under them. Separate permits shall be required for selling at retail,
storing, distributing and manufacturing. Beer permits for retail sale of beer may be further
restricted by the beer board so as to authorize sales only for off premises consumption. Beer
permits for Class 2 on-premises consumption shall be limited to sixteen (16) permits. As
Class 2 permits are revoked or expire, the limit on the number of Class 2 permits may fall
below sixteen (16) . If the number of Class 2 permits falls below sixteen (16) , applications shall
then be accepted for new Class 2 permits. Any new applications for Class 2 permits shall be
processed in the order by which the permit applications are received by the City of Cleveland.
Unless a new Class 2 permit is issued to a purchaser of a business holding an existing Class
2 beer permit under the provisions of Section 8-209(2), a new Class 2 permit may not be
issued by the City of Cleveland so long as the total number of Class 2 permits is sixteen (16).
It shall be unlawful for any beer permit holder to engage in any type or phase of the beer
business not expressly authorized by their permit. It shall likewise be unlawful for a beer
permit holder to fail to comply with any and all express restrictions or conditions which may
be written into a permit by the beer board.
Section 2: BE IT FURTHER ORDAINED that this ordinance shall become effective upon
passage on final reading, the public welfare requiring it.
Kevin Brooks, Mayor
Shawn McKay, City Clerk
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City Council 190 Church St., NE
Cleveland, TN 37311
www.clevelandtn.gov
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Kristi Powers, Purchasing Coordinator
DATE: June 24, 2019
RE: Bid Summary - Candies Lane Improvements
SUMMARY:
Sealed bids were received on June 18, 2019 , for Candies Lane Improvements.
The bids are listed below:
• Wright Brothers Construction
Charleston, TN $1,171,534.00
COMMITTEE FINDINGS:
No Board or Committee findings.
FISCAL ANALYSIS:
Funding is available.
RECOMMENDATION:
Staff is recommending award to Wright Brothers Construction.
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City of Cleveland
CLEYELAND TENNESSEE
De,·d opm enl & Engineering Sen•ices
Brian H. Beck, PE 185 Second Street NE
City Engineer Cleveland, TN 37311
bbeck@clevelandtn.gov (423) 479-1913
Cell: {423) 593-6432 Fax: (423) 559-3373
fune 19, 2019
Mr. Joe flvas, City Manager
Ms. Kristi Powers, Budget/Purchasing Coordinator
City of Cleveland
190 Church Street NE
Clevdand, TN 37311
Subject: Candies Lane Drainage Improvement Project Bid
Dear Mr. Fivas & Ms. Powers,
A Bid proposal from 1 contractor was opened on the subject ,project. After review of the hid documents,
it is recommended, to award the contract for the subject project to Wright Brothers Construction
Company. Inc. as the lowest responsible bidder for $1,171,534.00.
1
Don t hesitate to contact me at 423-593-6432, if there are any questions or comments.
Sincerely,
Br;ian Beel<, PE
City Engineer
CC: Jonathon Jobe, Development & Engineering Services Director
John Kimball, City Attorney
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