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Cleveland City Council

Regular Meeting

Cleveland, TN · December 11, 2023

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Minutes

p. 427 REGULAR SESSION DECEMBER 11, 2023 3:00 P.M. MINUTE BOOK 31 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, DECEMBER 11, 2023 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson, Councilmen Bill Estes, Tom Cassada, Dale Hughes, Ken Webb, and Councilwoman Marsha McKenzie. Councilman David May was absent from the meeting. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Sue Zius, Administrative Coordinator; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Police Chief Mark Gibson; Interim Fire Chief Rock Eulo, Jonathan Jobe, Development and Engineering Department; Kris Miller, IT Director; Seth Sumner, Transportation Planner; Tommy Myers, Public Works Director; Robert Varnell, Planning and Community Development Director; Doug Berry with the Chamber of Commerce; Warbrit Lowery; Cathy Andrews, CDBG Coordinator; Keisha Parks; Gracie Shamblin with Congressman Fleischmann’s office and Tim Siniard with the Cleveland Daily Banner. Councilman Cassada moved to excuse Councilman May from today’s meeting. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Johnson, 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 November 27, 2023 and approve them as written. The motion was seconded by Councilman Estes; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Mayor Brooks presented a proclamation to Director of Forestry & Landscaping Dan Hartman. Mayor Brooks and the City Council congratulated Mr. Hartman on his retirement from the City of Cleveland and thanked him for his dedicated years of service. “DAN HARTMAN DAY” Whereas, Dan Hartman earned an Associates degree in Applied Science in 1980 in Forestry Technology from Southeastern Illinois College; and a Bachelor of Science in Plant and Soil Science - Landscape/Horticulture from Southern Illinois University and a Bachelor of Science in Business Administration in 2006, from Bryan College, Dan is also ISA-certified arborist/municipal specialist, and; Whereas, Dan has recently received the Tennessee Urban Forestry Council’s 2023 Government Employee Award; Whereas, Dan has worked as the City Forester for over 28 years, beginning his service to the City of Cleveland on September 29, 1995. He was promoted to Assistant Parks & Recreation Director in 2010 and was then promoted to Forestry and Landscaping Director, and; Whereas, under his leadership for the Forestry Division, He has planted over 7,000 trees. He has also served on the City Tree Board as well as other boards & committees and has received numerous grants throughout the years for tree planting projects, and; p. 428 REGULAR SESSION DECEMBER 11, 2023 PAGE -428- MINUTE BOOK 31 Whereas, Dan will be celebrating his retirement on December 30, 2023; His current plans for retirement include travel to see his granddaughter in Zurick Switzerland, and work on some home improvement projects, and: Whereas, Dan’s daily presence will be deeply missed by all city staff, board members and citizens who have benefitted from his knowledge, visionary leadership, professionalism, and friendship. NOW THEREFORE, I, Kevin Brooks, Mayor of the City of Cleveland, do hereby proclaim the 11TH day of December. 2023 as “DAN HARTMAN DAY” in Cleveland and Bradley County and express sincere appreciation for his years of service and dedication to our citizens and wish him continued success and happiness in his retirement. Mayor Brooks presented a proclamation to Andy Hunt and congratulated him on his retirement from the Cleveland Public Library. Mayor Brooks stated today we are swearing-in twelve new Police Officers to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background on each of them. Mayor Brooks then administered the Oath of Office to Police Officers Scotty Barrera, Sadler Bartula, Victor Bednarski, Dawson Buttram, Hunter Davis, Mary Judkins, Jordan Martin, Lucas McCune, Samantha Rossetter, Seth Stockner, Henry Thompson, and Daniel Welch. Mayor Brooks awarded the following 2023 Service Awards to 25+ years: Mayor Brooks asked if anyone else would like to address the Council. Mr. Fivas introduced the new Library Director Keisha Parks. Ms. Parks stated she has been with the Library for twelve years and is excited about this opportunity. Andy Hunt was an amazing example of a director, and she looks forward to working with everyone. p. 429 REGULAR SESSION DECEMBER 11, 2023 PAGE -429- MINUTE BOOK 31 HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Ben Bradley for consideration of an ordinance to zone about 1.6 acres, more or less, of property located on Fair Street from CG General Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group C Parcels 027.00. Robert Varnell stated this request is to build a single-family home and staff approves the request. The Planning Commission approved the item 8-0, with one absent member. Mayor Brooks asked if anyone would like to speak in favor of the approval of the request. No one spoke, Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by John Bailey Jones for a nightclub permit to be located at 529 Inman Street and includes Tax Map 049N Group O Parcel 002.00. Robert Varnell stated they have met all of the requirements and staff recommends approval. Mayor Brooks asked if anyone would like to speak in favor of the permit. No one spoke, Mayor Brooks asked if anyone would like to speak in opposition of the permit. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented during the Work Session. Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. a. Resolution 2023-117 – Authorizing the Mayor to sign an Interlocal Agreement with Bradley County in connection with the annexation of a parcel of property owned by Larry and Nancy Eskew, located at the corner of Georgetown Road and Eureka Road. RESOLUTION 2023-117 WHEREAS, the City has presented Bradley County with the attached Interlocal agreement between the City and the County in connection with the annexation of a parcel of property owned by Larry and Nancy Eskew, which parcel is located at the corner of Georgetown Road and Eureka Road, and which is generally described as Tax Map 029, Parcel 001.00 as described in the interlocal agreement; and WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting meeting on November 20, 2023; 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 11th day of December, 2023. p. 430 REGULAR SESSION DECEMBER 11, 2023 PAGE -430- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk b. Resolution 2023-118 – Authorizing the City to purchase equipment through the Master Intergovernmental Cooperative Purchasing Contract #0041123-MSL between Musco Sports Lighting, LLC and Sourcewell for the soccer fields lighting project. RESOLUTION 2023-118 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE EQUIPMENT, PRODUCTS, OR SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING CONTRACT #0041123-MSL, AS AMENDED, WHICH IS ADMINISTERED BY SOURCEWELL, A STATE OF MINNESOTA LOCAL GOVERNMENT AGENCY AND SERVICE COOPERATIVE. __________________________________________________________________ WHEREAS Tennessee Code Annotated § 12-3-1205 provides that any municipality may participate in, sponsor, conduct, or administer a “cooperative purchasing agreement” for the procurement of any supplies, services, or construction with one (1) or more other local governments in accordance with an agreement entered into between the participants, including governmental entities outside this state; and WHEREAS, the Master Intergovernmental Cooperative Purchasing Agreement (“MICPA”) to provide equipment, products or services between Musco Sports Lighting, LLC (“Company”) and Participating Entities in cooperation with Sourcewell, a State of Minnesota local government agency and service cooperative, on behalf of Participating Entities, which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of equipment, products or services pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative Purchasing Agreement provided that it adopts a resolution accepting the terms of the Contract and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered with Sourcewell which allows the City of Cleveland to enter into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements and facilitate access to the Master Agreement and the Company under Contract #041123-MSL, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12-3-1205 (a)(1). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the City of Cleveland be and is hereby authorized to purchase equipment, products or services as a participating public agency under MICPA Contract #041123- MSL, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through Sourcewell to be used by the City of Cleveland. [on file in the City Clerk’s Office.] APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 431 REGULAR SESSION DECEMBER 11, 2023 PAGE -431- MINUTE BOOK 31 c. Resolution 2023-119 – Authorizing the Mayor to sign a contract with BluLynx Solutions, LLC for consulting services for the CDBG 5-year Consolidated Plan, FY2024-25 Annual Action Plan and Analysis of Impediments for Fair Housing Choice. RESOLUTION 2023-119 WHEREAS, City staff are recommending that the City enter a contract with BluLynx Solutions, LLC whereby BluLynx Solutions will provide consulting services for the preparation of the City’s 2024-2028 5-Year Consolidated Plan and 2024 Year Annual Action Plan, and Analysis of Impediments to Fair Housing Choice; and WHEREAS, the services to be provided to the City are described in the attached contract; and WHEREAS, under the terms of the agreement, the City’s total fee is an amount not to exceed $28,690; and WHEREAS, based on the recommendation of City staff, the City Council desires to approve of the attached contract with BluLynx Solutions for these services, and to authorize the Mayor to execute this agreement 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 with BluLynx Solutions. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the attached agreement with BluLynx Solutions on behalf of the City. [on file in the City Clerk’s Office.] This 11th day of December 2023 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Motion – Demolition Change Order #1 for the Cherokee Hotel. TO: Mayor and City Council FROM: Bryan Turner, Director of Building and Project Development DATE: December 11, 2023 RE: Cherokee Hotel – Demolition Change Order #1 SUMMARY: Attached is a change order for an increase in scope to the original contract for the selective demolition and cleanup of the Cherokee Hotel. At the time of the original contract there was a tenant located on the ground floor. That tenant has now relocated, and the space is vacant. This change order authorizes the contractor to continue the work into that space, as well as some minor additions to the cleanup based on recommendations from the architect. p. 432 REGULAR SESSION DECEMBER 11, 2023 PAGE -432- MINUTE BOOK 31 e. Motion – Approval to install and operate Law Enforcement Automated License Plate Recognition Cameras on State highway right-of-way at specific locations. TO: Mayor and City Council FROM: Lt. Kody Fox- Cleveland Police Department DATE: November 29, 2023 RE: Vigilant License Plate Reader Locations SUMMARY: The Cleveland Police Department is purchasing Vigilant License Plate Readers for the City with the State of Tennessee’s Formula and Collaborative Grant project. The Excess Land Office of the Tennessee Department of Transportation requires approval prior to placement of the license plate readers on state routes. As part of the approval process, they are requesting we have approval from our “legislative body” for the license plate readers and locations. Staff requests the City Council to approve the locations proposed for the license plate readers. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funded by Formula Based and Collaborative Grant through State of Tennessee Office of Criminal Justice Program. RECOMMENDATION: Staff recommends approval. p. 433 REGULAR SESSION DECEMBER 11, 2023 PAGE -433- MINUTE BOOK 31 f. Motion – Approving a Nightclub Permit for John Bailey Jones located at 529 Inman Street and includes Tax Map 049N Group O Parcel 002.00. g. Motion – Approving a one-time $5,000 funding request for Art is Here! TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: December 11, 2023 RE: Art is Here Request SUMMARY: Art is Here! has requested $5,000 for the new Art is Here! Studio and headquarters located at the Old Woolen Mill. They are providing community programming, acting as an art incubator for Cleveland, and providing office space for the organization. When upfitting their new facility they ran into several unforeseen problems with construction. These funds are already budgeted in our current budget. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends approval of this $5,000 funding request for Art is Here! h. Motion – Approving $30,448 in funding to the Cleveland/Bradley County Public Library for two HVAC replacement units (50/50 with Bradley County; Total Cost $60,896). p. 434 REGULAR SESSION DECEMBER 11, 2023 PAGE -434- MINUTE BOOK 31 TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: December 11, 2023 RE: Cleveland/Bradley County Library HVAC SUMMARY: Unfortunately, the Cleveland/Bradley County Library had two large HVAC units fail. These units provide HVAC services for the computer labs, fiction, and non-fiction sections of the Library. The City is owner of the Library buildings and it is also a component unit of the City. The total cost to replace the two HVAC units is $60,896. The Library did get multiple bids for this capital improvement. The County has agreed to pay 50% of these costs. We will use City Bond Funds for this capital project. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends approval of funding of 50% ($30,448) of the total amount of the replacement costs for these two units. Any additional costs on this project will be the responsibility of the Library Board. This motion also allows staff to set up the Library Project for the utilization of City Bond Funds. i. Reappointment – Stormwater Regulations Board - Chris Berry for an additional four-year term to expire December 2027. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Vice Mayor Johnson had no report at this time. Councilwoman McKenzie thanked Bryan Turner for the presentation given on the Cherokee Hotel. She then wished all City Employees a Merry Christmas. Thank you for working all year long to make us look good. Councilman Estes thanked staff for the Planning Session and the time it took to pull together. He reminded the Council that the Mainstreet grants are now out. He then asked Mr. Jobe to provide an update when bids go out and when funds would be released by TDOT for the Gaut Street project. Lastly, a visitor stopped him to say how much they liked the downtown Christmas lights. It does look good. Councilman Cassada wished everyone a Merry Christmas and thanked staff for the hard work and services provided to the residents of Cleveland. He then stated he would like to see crosswalks installed at Willow and 17th Street, to help with walking accessibility to the Greenway. Also, if Cleveland Utilities could lengthen the pedestrian walk time at the intersection at Willow and Keith. Councilman Hughes thanked staff for a good year. We had a positive year. He then wished everyone a Merry Christmas and Happy New Year. p. 435 REGULAR SESSION DECEMBER 11, 2023 PAGE -435- MINUTE BOOK 31 Councilman Webb wished everyone a Merry Christmas and thanked staff for all they do for the residents of Cleveland. He then thanked Chief Gibson and staff for their assistance at the Reindeer Run for the American Cancer Society. We had lots of much needed rain and the route had to change due to high water under the bridge at Raider Drive. A call was made and within minutes patrol units helped all participants get across Raider Drive safely. It was greatly appreciated. Mr. Fivas acknowledge Mayor Brooks for spearheading the downtown lighting project. It has been an improvement to the downtown area. Mayor Brooks thanked Mr. Fivas and stated Mrs. Brooks enjoys the Hallmark channel and pushes for additional Christmas lights. Mayor Brooks then stated he has received thanks for the additional day off for employees at Christmas, but it was the City Council vote that deserves the credit. Mr. Fivas updated the Council on the Gaut Street project. We finally received the official go ahead to begin the bid process. Mr. Varnell has patience working through it. It is a State funded 80/20 project, which will be a sidewalk from College Hill Recreation Center down to Gaut Street. A new sidewalk from Gaut Street to Inman Street. The sidewalk on Inman Street will be replaced and that will go to Mosby Park. We hope it will begin in early Spring. Mayor Brooks thanked Beverely Lindsey with helping him prepare for the meeting and to Sue Zius for working on the Proclamations. NEW BUSINESS AND ORDINANCES a. Zoning Ordinance 2023-57 – To zone about 1.6 acres, more or less, of property located on Fair Street from CG General Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group C Parcels 027.00 (Planning Commission: Approved 8-0; 1 absent). Zoning Ordinance 2023-57 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, re-zoned from CG General Commercial to R2 Low Density Single and Multi-Family Zoning District. Approximately 1.6 acres, more or less, located at 295 Fair Street as shown on the attached map. For reference, same property is being shown on Tax Map 058H Group C Parcel 027.00, 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: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 436 REGULAR SESSION DECEMBER 11, 2023 PAGE -436- MINUTE BOOK 31 Exhibit A Councilman Estes moved that Zoning Ordinance 2023-57 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. b. Motion – Appropriating funds to the Land Bank Authority as detailed in the memorandum from the City Manager ($25,000 General Fund; $500,000 Bond Fund). TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: December 11, 2023 RE: Funding of the Land Bank Authority SUMMARY: The Land Bank Authority has held their first meeting. The Land Bank Authority is an independent organization, and will be responsible for advertising meetings, having their own auditor, and having their own legal service invoices. In order to facilitate the start-up of this organization, City staff is requesting the City Council to directing appropriate $25,000 to general operations of the Land Bank Authority. We will evaluate and determine the future costs during the upcoming budget process. At the last meeting, the City Council gave a request to the Land Bank Authority to begin the purchase of Right-of-Way for a few City projects that are funded with Bond Funds. City staff is requesting to appropriate $500,000 of Bond Funds, only to be used as directed by the City Council. At the next City Council meeting, the City Attorney and staff will propose an Agreement between the Land Bank Authority and the City in sharing services, transfer of p. 437 REGULAR SESSION DECEMBER 11, 2023 PAGE -437- MINUTE BOOK 31 property between the organizations, and how we work together to achieve our collective goals. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends approval of appropriating $25,000 of General Fund dollars to the Land Bank Authority, and the appropriations of $500,000 of Bond Funds to only be used for Right-of-Way purchases as requested by the City Council. Before appropriating the ROW funds, City staff is working with our Bond Counsel to develop the appropriate process to accomplish this transfer. Councilman Webb moved to appropriate funds to the Land Bank Authority as outlined in the memorandum from the City Manager. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. c. Resolution 2023-120 – Initiating the annexation process and draft plan of services for the annexation of 293.51 acres located on Frontage Road, Dry Valley Road and South Lee Highway. RESOLUTION 2023-120 CONSIDERATION OF INITIATING THE ANNEXATION PROCESS AND DRAFT PLAN OF SERVICES, FOR THE ANNEXATION OF 293.51 ACRES LOCATED ON FRONTAGE ROAD, DRY VALLEY ROAD, AND SOUTH LEE HIGHWAY WHEREAS, the property owners, petitioned the Mayor and City Council of Cleveland, Tennessee (“City”), to annex 4 parcels, containing approximately 283.51 acres, outside the City limits and located outside the Cleveland Urban Growth Boundary (“UGB”); and WHEREAS, it is believed it is in the best interest of the City to further investigate the area petitioned to be annexed in order to consider the area for future development in accordance with City standards; and WHEREAS, this resolution shall not bind the City to later annex the Property; and WHEREAS, Tennessee Code Annotated (T.C.A.) § 6-51-102, as amended, requires that a Plan of Services be adopted by a municipal governing body prior to the passage of an annexation resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, AS FOLLOWS: SECTION I. That the Property to be further considered by the Cleveland Municipal Planning Commission and Mayor and City Council of Cleveland, Tennessee is located, as described herein and as depicted on the Map attached hereto as Exhibit A: Map-Parcel Acres Owner 014-051.00 4.93 Bank of Cleveland 028-048.00 113 Anna Suits 028-048.03 160 David Henry, Tonya Wilson, Tommy Haun, Mary Ann McCamey 056-092.00 5.58 Lynn Jones Total 283.51 p. 438 REGULAR SESSION DECEMBER 11, 2023 PAGE -438- MINUTE BOOK 31 SECTION II: That the attached Draft Plan of Services hereto as Exhibit B shall provide guidance to Mayor Brooks and the City Council of Cleveland, Tennessee on how the Property would be served by City resources but is not binding on final annexation. SECTION III: That the Draft Plan of Services shall be studied by City Staff and amended as needed during the study before final presentation to the Cleveland Municipal Planning commission, Mayor and City Council of Cleveland, Tennessee. SECTION IV: BE IT FURTHER RESOLVED by the City Council of the City of Cleveland, Tennessee, that this Resolution shall become effective upon its adoption. Adopted this 11th day of December 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution 2023-120 be accepted and move to initiate the process with Bradley County in extending the Urban Growth Boundary, to go down both paths at the same time. The motion as seconded by Councilwoman McKenzie. Councilman Cassada asked for legal counsel to look at it for liability issues as well. Upon roll call, the motion was unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. Holiday Schedule: Following Tennessee State Government Holiday Office Closure Schedule, City offices will be closed as follows: • Friday, December 22, Monday, December 25 and Tuesday, December 26 for the Christmas Holiday. • The December 25 Council meeting will be cancelled. • Friday, December 29 and Monday, January 1, 2024 for the New Year’s Holiday. b. The next City Council meeting will be held on Monday, January 8, 2024. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:58 p.m. _________________________________ _________________________________ Mayor City Clerk

Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, December 11, 2023 12:00 PM Cleveland Public Library 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 2. STRATEGIC & BUDGET PLANNING SESSION a. Update on Financial Position b. Update on CPD Grant & Strategic Opportunities c. Presentation on Cleveland Growth d. Presentation on Annexation by Referendum e. Presentation on Inman Street Revitalization Project & Raise Grant f. Update of negotiations for 260 Inman Street g. Presentation on future Athletic Complex h. BREAK i. Project Update j. Project Priorities Process 3. CITY MANAGER REPORT 4. REVIEW OF 3:00 AGENDA – CITY MANAGER 5. REPORTS OF COUNCIL MEMBERS a. Vice Mayor Johnson b. Councilwoman McKenzie c. Councilman Estes d. Councilman Cassada e. Councilman May f. Councilman Hughes g. Councilman Webb 6. ANNOUNCEMENTS 7. ADJOURNMENT City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, December 11, 2023 3:00 PM Municipal Building 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION 4. WAIVE READING OF MINUTES a. Regular Session – November 27, 2023 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Proclamation for Dan Hartman for retirement from the City of Cleveland b. Proclamation for Andy Hunt for retirement from the Cleveland Public Library c. Swearing-In Police Officers: Scotty Barrera Jordan Martin Sadler Bartula Lucas McCune Victor Bednarski Samantha Rossetter Dawson Buttram Seth Stockner Hunter Davis Henry Thomspon Mary Judkins Daniel Welch d. 2023 Service Awards (p. 2). 25 Years 30 Years 35 Years Travis Graig Eric Renfroe Avery Johnson Jeff Tilley Andy Ratcliff Jasen Parks Scott Criddle Matthew Ford Dean Beverly Craig Foote Nekita Blair Micah Akins Ryan Malone Shane Clark Renea Brown Kris Miller Pete VanDusen Randy Sharp 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning a request by Ben Bradley for consideration of an ordinance to zone about .16 acres, more or less, of property located on Fair Street from CG General Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group C Parcels 027.00 (Planning Commission: Approved 8-0; 1 absent) (p. 3-4). b. Public Hearing – To hear public comments concerning a request by John Bailey Jones for a nightclub permit to be located at 529 Inman Street and includes Tax Map 049N Group O Parcel 002.00 (p. 5-6). 7. CONSENT AGENDA a. Resolution 2023-117 – Authorizing the Mayor to sign an Interlocal Agreement with Bradley County in connection with the annexation of a parcel of property owned by Larry and Nancy Eskew, located at the corner of Georgetown Road and Eureka Road (p. 7-21). b. Resolution 2023-118 – Authorizing the City to purchase equipment through the Master Intergovernmental Cooperative Purchasing Contract #0041123-MSL between Musco Sports Lighting, LLC and Sourcewell for the soccer fields lighting project (p. 22-28). c. Resolution 2023-119 – Authorizing the Mayor to sign a contract with BluLynx Solutions, LLC for consulting services for the CDBG 5-year Consolidated Plan, FY2024-25 Annual Action Plan and Analysis of Impediments for Fair Housing Choice (p. 29-49). d. Motion – Demolition Change Order #1 for the Cherokee Hotel (p. 50-54). e. Motion – Approval to install and operate Law Enforcement Automated License Plate Recognition Cameras on State highway right-of-way at specific locations (p. 55-56). f. Motion – Approving a Nightclub Permit for John Bailey Jones located at 529 Inman Street and includes Tax Map 049N Group O Parcel 002.00 (p. 57). g. Motion – Approving a one-time $5,000 funding request for Art is Here! (p. 58). h. Motion – Approving $30,448 in funding to the Cleveland/Bradley County Public Library for two HVAC replacement units (50/50 with Bradley County; Total Cost $60,896) (p. 59-60). i. Reappointment – Stormwater Regulations Board - Chris Berry for an additional four-year term to expire December 2027. 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Vice Mayor Johnson b. Councilwoman McKenzie c. Councilman Estes d. Councilman Cassada e. Councilman May f. Councilman Hughes g. Councilman Webb 10. NEW BUSINESS AND ORDINANCES a. Zoning Ordinance 2023-57 – To zone about .16 acres, more or less, of property located on Fair Street from CG General Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group C Parcels 027.00 (Planning Commission: Approved 8-0; 1 absent) (p. 61-63). b. Motion – Appropriating funds to the Land Bank Authority as detailed in the memorandum from the City Manager ($25,000 General Fund; $500,000 Bond Fund) (p. 64-65). c. Resolution 2023-120 – Initiating the annexation process and draft plan of services for the annexation of 293.51 acres located on Frontage Road, Dry Valley Road and South Lee Highway (p. 66-72). 11. ANNOUNCEMENTS a. Holiday Schedule: Following Tennessee State Government Holiday Office Closure Schedule, City offices will be closed as follows: • Friday, December 22, Monday, December 25 and Tuesday, December 26 for the Christmas Holiday. • The December 25 Council meeting will be cancelled. • Friday, December 29 and Monday, January 1, 2024 for the New Year’s Holiday. b. The next City Council meeting will be held on Monday, January 8, 2024. 12. ADJOURNMENT

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