Muyni
← Back to Cleveland

Cleveland City Council

Regular Meeting

Cleveland, TN · February 26, 2024

AgendaMinutes

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). p. 539 REGULAR SESSION FEBRUARY 26, 2024 PAGE -539- MINUTE BOOK 31 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 p. 540 REGULAR SESSION FEBRUARY 26, 2024 PAGE -540- MINUTE BOOK 31 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 p. 541 REGULAR SESSION FEBRUARY 26, 2024 PAGE -541- MINUTE BOOK 31 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 p. 542 REGULAR SESSION FEBRUARY 26, 2024 PAGE -542- MINUTE BOOK 31 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 p. 543 REGULAR SESSION FEBRUARY 26, 2024 PAGE -543- MINUTE BOOK 31 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 p. 544 REGULAR SESSION FEBRUARY 26, 2024 PAGE -544- MINUTE BOOK 31 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 p. 545 REGULAR SESSION FEBRUARY 26, 2024 PAGE -545- MINUTE BOOK 31 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. p. 546 REGULAR SESSION FEBRUARY 26, 2024 PAGE -546- MINUTE BOOK 31 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. p. 547 REGULAR SESSION FEBRUARY 26, 2024 PAGE -547- MINUTE BOOK 31 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. p. 548 REGULAR SESSION FEBRUARY 26, 2024 PAGE -548- MINUTE BOOK 31 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

Get email alerts for Cleveland

A daily email when new agendas and minutes are posted.

Report an issue with this meeting