Cleveland City Council
Regular MeetingCleveland, TN · February 26, 2024
Minutes
p. 538 REGULAR SESSION
FEBRUARY 26, 2024
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, FEBRUARY 26, 2024 AT
3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL
BUILDING.
Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery
Johnson, Councilmen Bill Estes, David May, Tom Cassada, Dale Hughes, Ken Webb, and
Councilwoman Marsha McKenzie.
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; Fire Chief Chris Bates; Jonathan Jobe,
Assistant City Manager, Development and Recreation; Kris Miller, IT Director; Seth Sumner,
Transportation Planner; Tommy Myers, Public Works Director; Robert Varnell, Planning and
Community Development Director; Mike Griffin with the Chamber of Commerce; Sharon Marr
with Mainstreet; Warbrit Lowery; Ben Berry with Berry Engineering; David Goodwill with City
Fields; Hal Taylor; Charlie Boothe; Tom Cate; Philip Rosenfield; Adam Osborne; Duane Goff;
Norma Hill; Gracie Shamblin; and Tim Siniard with the Cleveland Daily Banner.
Following the Pledge of Allegiance to the American Flag, prayer by Pastor Quantel
Lindsey of The Table Church of God, the following business was then entered into:
WAIVE READING OF MINUTES
Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the
reading of the minutes of the Regular Session of the City Council held on February 12, 2024 and
approve them as written. The motion was seconded by Councilman May; and upon roll call, the
motion unanimously passed.
SPECIAL PRESENTATIONS AND PUBLIC COMMENTS
Bill Rosenfield addressed the City Council concerning Zoning Ordinance 2024-06,
rezoning property located on Michigan Avenue from CG to R2. Mr. Rosenfield stated he lives
behind this property and the residents are at a loss as to why this was approved at the last
meeting. The residents would like an explanation. Staff reviewed it and did not recommend it.
The Planning Commission reviewed and recommended denial. He then stated there was no way
any Councilmember would allow this to happen if it was in their backyard or across the street
from them. They would find a way to stop it. We are asking that you stop this voting change.
HEARING PETITIONS AND COMMUNICATIONS
No hearing petitions and communications.
CONSENT AGENDA
Mayor Brooks stated the Consent Agenda was presented during the Work Session.
Councilman May moved to approve the following items from the Consent Agenda. The motion
was seconded by Councilman Estes; and upon roll call, unanimously passed.
a. Final Passage - Zoning Ordinance 2024-04 – heretofore passed on first reading
February 12, 2024 and found in Minute Book 31, Page 512; Concerning a request
by City Fields for consideration of an ordinance to zone about .15 acres, more or
less, of property located at 246 High Street SE from CG General Commercial to
R-2 Low Density Single and Multi-Family and includes Tax Map 058H Group C
Parcel 019.00 (Planning Commission: Approved 5-0; 2 absent., 1 recused).
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b. Final Passage to Deny Zoning Ordinance 2024-05 - heretofore denied on first
reading February 12, 2024 and found in Minute Book 31, Page 513; Concerning a
request by Wes Hicks for consideration of an ordinance to zone about 1.24 acres,
more or less, of property located at King Edwards Ave SE from R-2 Low Density
Single and Multi-Family to IL Light Industrial Zoning District and includes Tax
Map 057K Group E Parcels 015.00, 016.00, 017.00, and 018.00 (Planning
Commission: Denied 7-0; 2 absent).
c. Final Passage - Zoning Ordinance 2024-07 – heretofore passed on first reading
February 12, 2024 and found in Minute Book 31, Page 515; Concerning a request
by KACE Construction for consideration of an ordinance to zone about .3 acres,
more or less, of property located at Bible Street from R-2 Low Density Single and
Multi-Family to MU Mixed Use and includes Tax Map 057D Group Q Parcels
016.00-018.00 (Planning Commission: Approved 6-1; 2 absent).
d. Final Passage - Zoning Ordinance 2024-08 – heretofore passed on first reading
February 12, 2024 and found in Minute Book 31, Page 516; Concerning a request
by KACE General Partnership for consideration of an ordinance to zone about .33
acres, more or less, of property located at Linden Ave SE and 4th Street SE from
IH Heavy Industrial to R-2 Low Density Single and Multi-Family Zoning and
includes Tax Map 057D Group Q Parcels 029.00 and 030.00 (Planning
Commission: Approved 7-0; 2 absent).
e. Final Passage - Ordinance 2024-09 – heretofore passed on first reading
February 12, 2024 and found in Minute Book 31, Page 517; Concerning a request
by General Board of Trustees of the Church of God of Prophecy for consideration
of an ordinance to zone about 80 acres, more or less, of property located at North
Lee Highway from RA Residential Agricultural to PUD 48 Planned Unit of
Development and includes Tax Map 034 Parcels 020.00 and 020.02 and part of
034 020.01 (Planning Commission: Approved 6-0; 2 absent, 1 recuse).
f. Final Passage - Ordinance 2024-10 – heretofore passed on first reading
February 12, 2024 and found in Minute Book 31, Page 531; Concerning a request
by Joy Akins for consideration of an ordinance to zone about 30 acres, more or
less, for property located at Westland Drive from unincorporated County and MU
Mixed Use to PUD 42 and includes Tax Map 057 Parcel 011.00 (Planning
Commission: Approved 6-0; 2 absent, 1 recuse).
g. Resolution 2024-17 – Approving of a Training Reimbursement Agreement to be
used by the Cleveland Police Department.
RESOLUTION 2024-17
A RESOLUTION APPROVING OF A TRAINING REIMBURSEMENT AGREEMENT
TO BE USED BY THE CLEVELAND POLICE DEPARTMENT
WHEREAS, the upper management of the Cleveland Police Department, in conjunction
with the Chief of Police, the City Manager and the City Attorney, have developed a training
reimbursement agreement to be utilized by the Cleveland Police Department; and
WHEREAS, the City Manager and the Police Chief are requesting that the City Council
approve of the attached training reimbursement agreement to be utilized by the Cleveland Police
department; and
WHEREAS, the City Council desires to formally approve of the CPD’s use of the
attached training reimbursement agreement and to further authorize the Chief of Police, or the
Chief’s designee, to execute training reimbursement agreements with CPD employees on behalf
of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cleveland, Tennessee that the City Council does hereby approve of the attached training
reimbursement to be used by the Cleveland Police Department, and the City Council further
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authorizes the Chief of Police, or the Chief’s designee, to execute training reimbursement
agreements with CPD employees on behalf of the City. [on file in the City Clerk’s Office.]
This 26th day of February 2024.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
h. Resolution 2024-18 – Authorizing the Industrial Development Board to negotiate and
accept a payment-in-lieu-of-taxes (PILOT) from HHM Cleveland, LLC.
RESOLUTION 2024-18
A RESOLUTION CONSENTING TO THE INDUSTRIAL
DEVELOPMENT OF BOARD OF THE CITY OF CLEVELAND
TENNESSEE NEGOTIATING AND ACCEPTING FROM HHM-
CLEVELAND, LLC PAYMENTS IN LIEU OF AD VALOREM TAX
WITH RESPECT TO A LOW AND MODERATE-INCOME HOUSING
FACILITY IN CLEVELAND, TENNESSEE, AND FINDING THAT SUCH
PAYMENTS ARE DEEMED TO BE IN FURTHERANCE OF THE
PUBLIC PURPOSES OF THE BOARD AS DEFINED IN TENNESSEE
CODE ANNOTATED SECTION7-53-305.
WHEREAS, the City Council (the "Governing Body") of the City of Cleveland, Tennessee (the
"City") has met pursuant to proper notice; and
WHEREAS, the City has previously authorized the incorporation of The Industrial Development
Board of the City of Cleveland, Tennessee (the "Board") as a public nonprofit corporation duly organized
and existing under the provisions of Chapter 101, Title 48 of the Tennessee Code Annotated; and
WHEREAS, HHM-Cleveland, LLC (the "Company") has requested the Board to hold ownership
of certain land upon which redevelopment of existing property for downtown commercial office space
located in the City, along with the improvements and certain personal property to be located thereon
(herein referred to as the "Project"); and
WHEREAS, as a part of such discussions, the Company has requested that the Board own the
Project and lease the same to the Company or any affiliate of the Company under an arrangement
whereby the Company or any affiliate of the Company will make payments in lieu of ad valorem taxes;
and
WHEREAS, Tennessee Code Annotated Section 7-53-305 authorizes the City to delegate to the
Board the authority to negotiate and accept from the lessees of the Board payments in lieu of ad valorem
tax upon the finding that such payments are deemed to be in furtherance of the public purposes of the
Board as defined in said Code Section; and
WHEREAS, the Board, acting at its February 14, 2024 meeting, has unanimously approved a
motion (i) recommending the Project’s request in accordance with the term hereinafter described and (ii)
requesting consent of the Governing Body to the negotiation of such an agreement by the Board; and
WHEREAS, the acquisition, rehabilitation and equipping of the Project would enhance the
availability of affordable housing in the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland,
Tennessee, as follows:
1. The Governing Body hereby finds that the negotiation and acceptance by the Board from
the Company or any affiliate of the Company of payments in lieu of ad valorem taxes consistent with this
resolution are deemed to be in furtherance of the public purposes of the Board as defined in Tennessee
Code Annotated Section 7-53-305, and the City hereby consents to the Board negotiating and accepting
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such payments in lieu of ad valorem taxes from the Company with respect to ad valorem taxes that could
be assessed from the Company and to the Chairman of the Board executing such payment in lieu of tax
agreements, leases and other documents to effectuate the payment in lieu of tax approval for the
Company.
2. The terms of the agreement between the Board and the Company concerning payments in
lieu of ad valorem taxes shall be determined by the Board, provided, however (i) the term of the payment
in lieu of taxes shall not exceed fifteen (15) years commencing upon the completion of the project and
issuance of a certificate of occupancy; and (ii) the annual payment in lieu of taxes shall not be less than
the ad valorem taxes that would be payable before the redevelopment of the property occurred during the
term of fifteen (15) years following completion of the project and issuance of a certificate of occupancy;
and (iii) the agreement shall provide that should the Project fall out of compliance with the terms of the
low-income housing tax credit use restrictions the agreement shall terminate; and (iv) the agreement shall
provide that the lease cannot be assigned by the Company to another party without the prior written
consent of the governing body and the Board.
3. The Board's agreement with the Company concerning payments in lieu of ad valorem
taxes may provide that any ad valorem taxes paid by the Lessee to any taxing jurisdiction with respect to
its leasehold interest in the Project shall constitute a credit against the payments in lieu of ad valorem
taxes due such taxing jurisdiction.
4. The Board's agreement with the Company concerning payments in lieu of ad valorem
taxes may contain such administrative provisions not inconsistent with this resolution as the Board deems
appropriate.
5. All other resolutions and orders, or parts thereof, in conflict with the provisions of this
resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate
effect from and after its adoption.
Adopted and approved this 26th day of February, 2024.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
i. Resolution 2024-19 – Authorizing the City to purchase equipment for the
Facilities Maintenance Division through the Master Intergovernmental
Cooperative Purchasing Agreement #230202.
RESOLUTION 2024-19
A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE SECURITY SYSTEM
PRODUCTS AND SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE
PURCHASING AGREEMENT #230202, AS AMENDED, WHICH IS ADMINISTERED BY THE
INTERLOCAL PURCHASING SYSTEM (TIPS).
__________________________________________________________________
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 security
systems products and services between Dormakaba USA, Inc. (“Company”) and The Interlocal Purchasing
System (TIPS) a government cooperative purchasing program authorized by the Region 8 Education Service
Center of Pittsburg, Texas (“Lead Agency”), which may include the City of Cleveland, Tennessee, meets the
authorized public bidding requirements for the State of Tennessee and allows governmental purchases of
security systems products and services pursuant to this MICPA at discounted contract prices, as permitted by
Tennessee Code Annotated § 12-3-1205; and
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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 Master Agreement 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 on-line with The Interlocal Purchasing System (TIPS) at https://tips-
usa.com 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 #230202, as amended, held by Region 8 Education Service Center 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 security system products and
services as a participating public agency under MICPA Contract #230202, as amended, held by Region 8
Education Service Center as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through The Interlocal
Purchasing System (TIPS) for the City of Cleveland and its citizens.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
j. Resolution 2024-20 – Authorizing the Mayor to sign a Perpetual Right of Way
Easement with the Fillauer Family Partnership, L.P., concerning property located
on 20th Street NE.
RESOLUTION 2024-20
WHEREAS, the City of Cleveland owns a parcel of real property located on 20th Street NE
which is generally identified as Tax Map 050H-A-014.02 and is further described in the deed to
the City from the Fillauer Family Partnership, L.P. (hereafter Fillauer) dated July 12, 2005 and
recorded on July 19, 2005, in Book 1554, Page 801 in the Register of Deeds office of Bradley
County, Tennessee; and
WHEREAS, this property is the location of Mayfield Elementary School, and the property is
titled in the name of the City of Cleveland for the use and benefit of the Cleveland Board of
Education (hereafter “the Board”); and
WHEREAS, the Board and Fillauer entered into an agreement in 2009 whereby the Board
agreed to provide Fillauer with an easement across the school parcel to the Fillauer property that
is located to the north of the school property; and
WHEREAS, the easement was and is intended to allow access from 20th Street NE across the
Mayfield School parcel to the Fillauer parcel to the north, and the easement is located across a
paved roadway designated as Fillauer Lake Road; and
WHEREAS, Fillauer Lake Road is not a City street, but it has been used by Fillauer and the
general public to access the Fillauer property for many years after the school was constructed;
and
WHEREAS, Fillauer recently entered into an agreement to sell its property to a third party, and
the title company handling the transaction realized that a formal written easement had never been
signed and recorded by and between Fillauer and Board of Education as called for in the 2009
agreement between Fillauer and the Board; and
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WHEREAS, a written easement agreement has now been prepared by the title company and the
easement is attached to this Resolution; and
WHEREAS, the Chairperson of the Cleveland Board of Education has already approved of this
easement on behalf of the Cleveland Board of Education; and
WHEREAS, the title company is also requesting approval by the City since the property is titled
to the City of Cleveland for the use and benefit of the Cleveland Board of Education; and
WHEREAS, the City Council desires to approve of the easement and authorize the Mayor to
execute the same on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland,
Tennessee, in regular session assembled, that the City Council does hereby approve of the
attached easement, and it authorizes the Mayor to execute the easement on behalf of the City of
Cleveland. [on file in the City Clerk’s Office.]
This 26th day of February 2024.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
k. Resolution 2024-21 – Authorizing the City to purchase a Knuckleboom for the
Public Works Department through the Master Intergovernmental Cooperative
Agreement #040621-PII.
RESOLUTION 2024-21
A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE EQUIPMENT,
PRODUCTS, OR SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE
PURCHASING CONTRACT #040621-PII, 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 Petersen Industries, Inc. (“Company”) and Participating Entities in
cooperation with Sourcewell, a State of Minnesota local government agency and service cooperative, on
behalf of Participating Entities, which may include the City of Cleveland, Tennessee, meets the authorized
public bidding requirements for the State of Tennessee and allows governmental purchases of equipment,
products or services pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code
Annotated § 12-3-1205; and
WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative
Purchasing Agreement provided that it adopts a resolution accepting the terms of the Contract and the City
of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured
the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code
Annotated § 12-3-1205; and
WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance
with and governed by the laws of the State in which the City of Cleveland exists as a participating agency
and that the City of Cleveland has registered with Sourcewell which allows the City of Cleveland to enter
into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements
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and facilitate access to the Master Agreement and the Company under Contract #040621-PII, 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 #040621_PII, as amended, held by
Sourcewell as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through Sourcewell to be used by
the City of Cleveland.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
l. Resolution 2024-22 – Authorizing the Mayor to sign an agreement with
Cleveland Utilities Authority for the purchase of certain existing Greenway
Lighting.
RESOLUTION 2024-22
WHEREAS, the City Manager and the management of Cleveland Utilities have been in
discussions concerning the City’s purchase from Cleveland Utilities of certain Greenway
Lighting which is currently owned by Cleveland Utilities; and
WHEREAS, Cleveland Utilities has presented the City with a cost estimate for this purchase,
which estimate has been incorporated into the attached agreement between the City and
Cleveland Utilities for the purchase and future maintenance of the Greenway lighting described
in the agreement; and
WHEREAS, the City Council desires to enter into the attached agreement for this purchase with
Cleveland Utilities, and to further authorize the Mayor to execute the same 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 agreement with Cleveland Utilities for this purchase, and it further authorizes the Mayor
to execute the agreement on behalf of the City of Cleveland. [on file in the City Clerk’s Office.]
This 26th day of February 2024.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
m. Resolution 2024-23 – Authorizing the Mayor to sign a Facilities Use Agreement
with the Cleveland Board of Education for the use of Tinsley Park Tennis Courts
by Cleveland High School Tennis Teams and the use of Raider Arena by the
Cleveland Youth Basketball League.
RESOLUTION 2024-23
A RESOLUTION APPROVING OF A FACILITIES USE AGREEMENT WITH THE
CLEVELAND BOARD OF EDUCATION FOR THE USE OF TINSLEY PARK TENNIS
COURTS BY CLEVELAND HIGH SCHOOL TENNIS TEAMS AND THE USE OF
RAIDER ARENA BY THE CLEVELAND YOUTH BASKETBALL LEAGUE
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WHEREAS, the City Manager and City Parks and Recreation staff are recommending to
the City Council that the City enter into a Facilities Use Agreement with the Cleveland Board of
Education to provide for the use of the tennis courts at Tinsley Park by the Cleveland High
School tennis teams, and the use of Raider Arena by the Cleveland Youth Basketball League;
and
WHEREAS, the proposed agreement with the Cleveland Board of Education is attached
to this Resolution; and
WHEREAS, the City Council desires to approve the attached agreement with the
Cleveland Board of Education and to authorize the Mayor to execute the attached Facilities Use
Agreement on behalf of the City once it has been approved by the Cleveland Board of Education.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cleveland, Tennessee that the City Council does hereby approve of the attached Facilities Use
agreement with Cleveland Board of Education, and the City Council further authorizes the
Mayor to execute the agreement on behalf of the City once the agreement has been approved by
the Cleveland Board of Education. [on file in the City Clerk’s Office.]
This 26th day of February 2024.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
n. Bid Summary – HVAC
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Kristi Powers, Budget/Purchasing Coordinator
DATE: February 26, 2024
RE: Bid Summary – HVAC Service/Maintenance
SUMMARY:
The City advertised to accept sealed bids on February 20, 2024, for HVAC
service and maintenance for City facilities. Bids are listed below:
• Icon Air & Mechanical Services $38,266.00__________
• Hoffman Mechanical $41,184.93__________
• Lee Company $57,258.00_________
• Interstate Mechanical Service $82,140.00__________
COMMITTEE FINDINGS:
No Board or Committee findings.
FISCAL ANALYSIS:
Funding is available.
RECOMMENDATION:
Staff recommends award to low bidder, Icon Air & Mechanical Services.
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o. Bid Summary – Tinsley Softball Field Fencing
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Kristi Powers, Budget/Purchasing Coordinator
DATE: February 26, 2024
RE: Bid Summary – Tinsley Softball Field Fence
SUMMARY:
The City advertised to accept sealed bids on February 20, 2024, to install
fencing at the Tinsley Park softball fields. Bids are listed below:
• Dynamic Homes and Structures $151,340.00_________
• Exterior Home Solutions $176,407.60_________
• Siler Fence Company $348,921.21_________
COMMITTEE FINDINGS:
No Board or Committee findings.
FISCAL ANALYSIS:
Funding is available.
RECOMMENDATION:
Staff recommends award to low bidder, Dynamic Homes and Structures.
p. Motion – Approving staff to submit a pre-application to the TN Department of
Health for the Healthy Built Environment Grant.
AGENDA ITEM
MEMORANDUM
TO: Mayor and City Council
FROM: Cathy Andrews, Redevelopment Coordinator
DATE: February 28, 2024
RE: Approval to Submit a pre-application for funding for Healthy Build
Environment Grant
SUMMARY:
Approval to submit Letter of Intent or Pre-Application to the Tennessee
Department of Health for a Health Built Environment Grant for the purpose of
funding a Futsal Court in the Blythe Community . The maximum grant is
$80,000 and the city will leverage funds and in-kind services to complete the
project if the grant is funded. Total is estimated not to exceed $85,000.
COMMITTEE FINDINGS:
N/A
FISCAL ANALYSIS:
$85,000
RECOMMENDATION:
Staff recommends approval.
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UNFINISHED BUSINESS
Councilman May moved that Zoning Ordinance 2024-06 be approved on final reading;
heretofore passed on first reading February 12, 2024 and found in Minute Book 31, Page 514;
Concerning a request by Asha Brothers for consideration of an ordinance to zone about 1.58
acres, more or less, of property located at Michigan Avenue from CG General Commercial to R-
2 Low Density Single and Multi-Family and includes Tax Map 043 036.05. The motion was
seconded by Councilman Hughes. Upon roll call, Councilman May, Councilman Hughes,
Councilman Webb, Vice Mayor Johnson and Councilwoman McKenzie voted aye. Councilman
Estes and Councilman Cassada voted no. The motion carries 5-2.
Councilman Webb moved to approve the following memo concerning staff to initiate a
bid package for 70 Inman Street and begin construction before the final Cherokee Hotel bid. The
motion was seconded by Councilwoman McKenzie; and upon roll call, unanimously passed.
AGENDA ITEM
MEMORANDUM
TO: Mayor & City Council
FROM: Joe Fivas, City Manager
DATE: February 26, 2024
RE: Initiate Construction of Cherokee Hotel Project
SUMMARY:
The City has the opportunity to begin the construction process on 70 Inman
Street before the construction process begins on the Cherokee Hotel. City staff
will give a presentation on how we could begin construction in June 2024.
COMMITTEE FINDINGS:
No Committee or Board action.
FISCAL ANALYSIS:
N/A
RECOMMENDATION:
City staff recommends approval of giving staff the direction initiate the City bid
process for the 70 Inman Street building to develop into a multi-use facility to
allow City training, City public meetings, and for all formal City meetings.
REPORTS OF COUNCIL MEMBERS
Councilman May had no report at this time.
Councilman Hughes had no report at this time.
Councilman Webb had no report at this time.
Vice Mayor Johnson had no report at this time.
Councilwoman McKenzie stated Keep America Beautiful will have a luncheon on
Monday at 12 noon with a special speaker, Aubrey Preston, who is the creator of the Trashercise
Program adopted by the Governor to combine exercise and litter pickup into one event. There
will be a Trashercise event on March 9 at 8:30 a.m. at the YMCA. Volunteers are welcome.
Missy Marshall with TN Keep America Beautiful will be with us as well.
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Councilman Estes thanked Mr. Fivas for the review of the consent agenda during the
Work Session. We quickly go over the consent agenda, and there's just so many good things in
there for the City of Cleveland. It's not lost on him the work by staff.
Councilman Cassada had no report at this time.
Mayor Brooks stated he is reappointing to the Planning Commission Ben Berry for an
additional three-year term.
NEW BUSINESS AND ORDINANCES
There was no new business and ordinances.
ANNOUNCEMENTS
Mayor Brooks announced the following:
a. The next City Council meeting will be held on Monday, March 11, 2024.
ADJOURNMENT
There being no further business, Mayor Brooks adjourned the meeting at 3:14 p.m.
_________________________________ _________________________________
Mayor City Clerk
Agenda
City Council 190 Church St., NE
Cleveland, TN 37312
Work Session www.clevelandtn.gov
Agenda
Monday, February 26, 2024 1:00 PM Municipal Building
1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS
2. CITY MANAGER REPORT
a. Discussion on Public Safety Cameras
b. Update on Cherokee Revitalization Project
c. Project Updates
3. REVIEW OF 3:00 AGENDA – CITY MANAGER
4. REPORTS OF COUNCIL MEMBERS
a. Councilman May
b. Councilman Hughes
c. Councilman Webb
d. Vice Mayor Johnson
e. Councilwoman McKenzie
f. Councilman Estes
g. Councilman Cassada
5. ANNOUNCEMENTS
6. ADJOURNMENT
City Council 190 Church St., NE
Cleveland, TN 37311
Regular Session www.clevelandtn.gov
Agenda
Monday, February 26, 2024 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 – February 12, 2024 (p. 1)
5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS
6. HEARING PETITIONS AND COMMUNICATIONS
7. CONSENT AGENDA
a. Final Passage - Zoning Ordinance 2024-04 - Concerning a request by City
Fields for consideration of an ordinance to zone about .15 acres, more or less, of
property located at 246 High Street SE from CG General Commercial to R-2 Low
Density Single and Multi-Family and includes Tax Map 058H Group C Parcel
019.00 (Planning Commission: Approved 5-0; 2 absent., 1 recused) (p. 2-5).
b. Final Passage to Deny Zoning Ordinance 2024-05 - Concerning a request by
Wes Hicks for consideration of an ordinance to zone about 1.24 acres, more or
less, of property located at King Edwards Ave SE from R-2 Low Density Single
and Multi-Family to IL Light Industrial Zoning District and includes Tax Map 057K
Group E Parcels 015.00, 016.00, 017.00, and 018.00 (Planning Commission:
Denied 7-0; 2 absent) (p. 6-9).
c. Final Passage - Zoning Ordinance 2024-07 - Concerning a request by KACE
Construction for consideration of an ordinance to zone about .3 acres, more or
less, of property located at Bible Street from R-2 Low Density Single and Multi-
Family to MU Mixed Use and includes Tax Map 057D Group Q Parcels 016.00-
018.00 (Planning Commission: Approved 6-1; 2 absent) (p. 10-13).
d. Final Passage - Zoning Ordinance 2024-08 - Concerning a request by KACE
General Partnership for consideration of an ordinance to zone about .33 acres,
more or less, of property located at Linden Ave SE and 4th Street SE from IH
Heavy Industrial to R-2 Low Density Single and Multi-Family Zoning and includes
Tax Map 057D Group Q Parcels 029.00 and 030.00 (Planning Commission:
Approved 7-0; 2 absent) (p. 14-17).
e. Final Passage - Ordinance 2024-09 - Concerning a request by General Board
of Trustees of the Church of God of Prophecy for consideration of an ordinance
to zone about 80 acres, more or less, of property located at North Lee Highway
from RA Residential Agricultural to PUD 48 Planned Unit of Development and
includes Tax Map 034 Parcels 020.00 and 020.02 and part of 034 020.01
(Planning Commission: Approved 6-0; 2 absent, 1 recuse) (p. 18-27).
f. Final Passage - Ordinance 2024-10 Concerning a request by Joy Akins for
consideration of an ordinance to zone about 30 acres, more or less, for property
located at Westland Drive from unincorporated County and MU Mixed Use to
PUD 42 and includes Tax Map 057 Parcel 011.00 (Planning Commission:
Approved 6-0; 2 absent, 1 recuse) (p. 28-36).
g. Resolution 2024-17 – Approving of a Training Reimbursement Agreement to be
used by the Cleveland Police Department (p. 37-43).
h. Resolution 2024-18 – Authorizing the Industrial Development Board to negotiate and
accept a payment-in-lieu-of-taxes (PILOT) from HHM Cleveland, LLC (p. 44-51).
i. Resolution 2024-19 – Authorizing the City to purchase equipment for the
Facilities Maintenance Division through the Master Intergovernmental
Cooperative Purchasing Agreement #230202 (p. 52-53).
j. Resolution 2024-20 – Authorizing the Mayor to sign a Perpetual Right of Way
Easement with the Fillauer Family Partnership, L.P., concerning property located
on 20th Street NE (p. 54-62).
k. Resolution 2024-21 – Authorizing the City to purchase a Knuckleboom for the
Public Works Department through the Master Intergovernmental Cooperative
Agreement #040621-PII (p. 63-64).
l. Resolution 2024-22 – Authorizing the Mayor to sign an agreement with
Cleveland Utilities Authority for the purchase of certain existing Greenway
Lighting (p. 65-70).
m. Resolution 2024-23 – Authorizing the Mayor to sign a Facilities Use Agreement
with the Cleveland Board of Education for the use of Tinsley Park Tennis Courts
by Cleveland High School Tennis Teams and the use of Raider Arena by the
Cleveland Youth Basketball League (p. 71-76).
n. Bid Summary – HVAC (p. 77).
o. Bid Summary – Tinsley Softball Field Fencing (p. 78).
p. Motion – Approving staff to submit a pre-application to the TN Department of
Health for the Healthy Built Environment Grant (p. 79).
8. UNFINISHED BUSINESS
a. Final Passage - Zoning Ordinance 2024-06 - Concerning a request by Asha
Brothers for consideration of an ordinance to zone about 1.58 acres, more or
less, of property located at Michigan Avenue from CG General Commercial to R-
2 Low Density Single and Multi-Family and includes Tax Map 043 036.05
(Planning Commission: Denied 5-1; 2 absent) (p. 80-83).
b. Motion – Council give direction to staff to initiate a bid package for 70 Inman
Street and begin construction before the final Cherokee Hotel bid (p. 84).
9. REPORTS OF COUNCIL MEMBERS
a. Councilman May
b. Councilman Hughes
c. Councilman Webb
d. Vice Mayor Johnson
e. Councilwoman McKenzie
f. Councilman Estes
g. Councilman Cassada
10. NEW BUSINESS AND ORDINANCES
11. ANNOUNCEMENTS
a. The next City Council meeting will be held on Monday, March 11, 2024.
12. ADJOURNMENT
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