Cleveland City Council
Regular MeetingCleveland, TN · February 24, 2025
Minutes
p. 210 REGULAR SESSION
FEBRUARY 24, 2025
3:00 P.M.
MINUTE BOOK 32
BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND,
TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, FEBRUARY 24, 2025 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 Councilwoman
McKenzie, Councilmen Bill Estes, David May, Duane Goff, Ken Webb and Dan Moore.
Councilman Tom Cassada was absent from the meeting.
Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City
Manager/CFO; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Seth Sumner,
Assistant to the City Manager; Police Chief Mark Gibson; Fire Chief Chris Bates; Kris Miller, IT
Director; Tommy Myers, Assistant City Manager/Transportation and Environmental Services;
Jonathan Jobe, Assistant City Manager/Development and Recreation Services; Garrett Frye with
Congressman Fleischmann’s Office; Jeff Elliott with Cleveland City Schools; Teresa Mustar;
Warbrit Lowery; Matthew Schaler; Ben Berry with Berry Engineers; Amy Conley-Moore;
Bassam Issa and Tim Siniard with the Cleveland Daily Banner.
Following the Pledge of Allegiance to the American Flag, prayer by Pastor Paul Davis
with Westwood Baptist Church, the following business was then entered into:
WAIVE READING OF MINUTES
Vice Mayor Webb 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 January 27, 2025 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
Councilman Moore moved to excuse Councilman Cassada from today’s meeting. The
motion was seconded by Councilman May; and upon roll call, unanimously passed.
Mayor Brooks stated we have honored Amy Newman all day for her 31 years of service
to the City. Mayor Emeritus Tom Rowland sent the following message: Amy, You have done a
fantastic job for the city. I personally thank you. I'm sorry, due to my physical limitations I can't
attend your event today. Having surgery tomorrow, but will be much improved. Thank you for
all you have done from day one. Good luck and God 's blessings on your retirement. Sincerely,
Mayor Emeritus Rowland. Mayor Brooks continued we've had parties and cupcakes and
presentations and today a plaque, but not sure we could say enough for your thirty-one years of
service. Congratulations on your retirement. You're far too young to retire. Hope you won't
mind if we phone a friend.
Mayor Brooks then announced another special day is Councilwoman Mackenzie 's
mother, Miss Alma Akins, is 102 today. Please send your mom birthday wishes from the
Council.
Mr. Fivas announced tomorrow the Parker/2nd Street/1st Street 4-way stop will be
implemented. Also, tomorrow at 9:00 a.m. is the grand opening of the Candy’s Creek
Elementary School expansion.
HEARING PETITIONS AND COMMUNICATIONS
Mayor Brooks announced he is reappointing Clark Taylor, January 2027; Jamie
Creekmore, January 2028; Alma Dotson, January 2028; and Dr. Tiffany Sherman, January 2028
to the Planning Commission.
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Mayor Brooks stated today’s meeting is being held as a public hearing to hear public
comments concerning a request by Bassam Issa for consideration of an ordinance to zone about
36 acres, more or less, for property located at APD-40 from IH Heavy Industrial Zoning District
to PUD60 Planned Unit of Development and includes Tax Map 065 Parcel 001.00. Planning
Commission approved 7-2. Robert Varnell stated this development is roughly a hundred units
and is a mixture of townhomes and single family detached. The PUD was written to allow for
forty-six-foot-wide lot width minimum. The applicant is requesting a reduction on that in the
PUD to forty-two. Staff wrote the PUD designed based on the minimum requirement that we've
been at up to this point, which is forty-six foot wide, which based on discussions just a few
minutes ago probably dates back something like thirty years. There is some level of discussion
that needs to take place on that. In the memo staff wrote, we discussed that under certain
conditions reductions in lot width tend to make more sense than in others, if it's a large green
field with hundreds of lots things like that, I don't really see the need. You can design away with
the forty-six or the fifty-foot-wide lots in those situations where it makes. When you've got
tighter development, the mixed-use development is more of a mixed-use feel with the
commercial in the front and the residential components. Sometimes it's important to design
correctly, and so I wanted to bring a few points up. Two weeks ago, we had a discussion just in
general about lot widths and I listened to some comments that were made. I think if we're going
to have a reduction at any point in our lot width the design components of the site need to be top
notch. Getting denser, we got to address parking and traffic. Are we looking at just a bunch of
garages? So, I wrote some things out that could help guide us if we are going to have these
reductions in our present as well as in the future. Requiring rear loaded homes with use of alleys
and then adding parallel on street parking. One of the things with the development we're looking
at today is it has some ninety-degree angle parking that is accessible and looks like it's a part of
the public street. We should require those be in separate parking lots, and if we do have on street
parking it's parallel. It's easier to navigate and the sidewalk stays behind it. Requiring rear loaded
homes with the use of alleys, the garages in the back, you reduce the front set back to ten or
fifteen feet, pushing the structure closer to the front, and you've got more of an older town
downtown feel to it all the sudden. In your garages and your resident parking, you don't even see
it, but you have on street parking for guests and it's separate from the travel lanes. When we talk
about fire engines, emergency services and trash trucks, trying to get through these places, that
answers a lot of those questions. It's a lot cleaner and it looks a lot better. Sidewalks would be
required on each side of the road, and they would connect throughout the mixed-use
development and any open spaces. The use of open space when we're getting this density is
much more important because our lots become so much smaller. Our yards become so much
smaller. Having a usable open space that's not stormwater or wetland or steep slope to me is
essential. So, we're going to have some offset. It's good to have a place for the neighborhood kids
to go run around down the street. Sidewalk connectivity already there. And so those are just
some of the basic guidance tools if we are going to move in a direction than our level of design
needs to be that much higher on these. I don’t necessarily have issues with the reduction, but like
I said, in big subdivisions with hundreds of lots, there's a way to design it and still get your
numbers correct at the threshold we've already set. When we're dealing with a tighter area, I do
think we could consider some options. I’m happy to answer any questions you may have on
some of the stuff I've been saying. If there's, if there's any thoughts or questions for me before I
know our applicant is here as well. Councilwoman McKenzie asked if this would be a new code.
Mr. Varnell stated, this is within the framework of a PUD, which is to be adaptable for a specific
piece of property. But it would be something where as this body long ago set precedent and said
we're not going below forty-six. Well, we as staff, say that in meetings with developers, I say
that to them and this is where we're at, to get everything worked out before it comes here. In this
case, they said they’d like to try for forty-two, so here we are. The standard would stay at forty-
six, except for certain conditions, which you would vote for or against. Councilman May stated
he is unsure where forty-six came from as he thought we were at fifty. Mr. Varnell stated yes, we
try to stay at fifty. Councilman May stated his is not for going less than forty-six feet. When
you’re doing a PUD, some common sense needs to enter into it. His opinion, anything less than
forty-six should be standard. If you get into an odd situation where you had to cut a foot, I can
see working with the developer for a low percentage of the development. Councilman Goff
stated it appears the layout that you are doing what you can to make the development work. It’s
good overall but his concerns are not related to lot width, but parking. The neighborhood has
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nice sidewalks, but a portion is missing at lot seventy-four. Mr. Varnell stated yes, it needs to be
contiguous. Councilman Goff stated it also appears the lot line cross the parking spaces, which
leaves half the car in public and half on private properties. His concern is liability. Parking
should be all private or all public rights-of-way. Mr. Varnell stated he agrees and that is
something they can clean up between readings. Councilman Goff then asked about the
community area, what is the larger area. Mr. Varnell stated there is a linear park and a dog park
area. Vice Mayor Webb stated he understands losing four lots is critical to the development of
the subdivision but there is some property that is designated as future development. Has there
been any effort to redesign to pick up the additional four lots. Mr. Varnell stated the developer of
the site has a commercial office use they are angling to put there which is not part of the
residential component. That is the far left by Holloway Road. Land is developable but that is the
decision between the developer and decisions that come from this meeting might dictate some of
those decisions. Vice Mayor Webb stated maybe there’s a lot we could do with the design to
keep the lots at forty-six and still get the number of houses that are desired. Mr. Varnell stated
yes, if we go smaller, we need to have a stronger design and build out that development.
Councilman Estes asked if this development was considered a large or small track. Mr. Varnell
replied small, anything less than 100 units is a smaller development. Councilman Estes then
asked what specifics you are looking from us today, other than lot frontage. Mr. Varnell stated to
be clear, if we are going to allow through our PUD process to allow forty-two lot minimum then
we need specific standards to guide that. Otherwise, it becomes a question of every developer is
going to want these forty-two foot wide lots. They are not appropriate everywhere, unless this
body does. Mayor Brooks asked would this be the new standard, in this PUD, this is a very
specialized for PUD60 not the new standard. Mr. Varnell stated no, not a new standard because
we’d set specific criteria to this specific PUD. Mr. Fivas added we’ve already told fifteen to
twenty developers that forty-six is our minimum. Now, they are coming back to do down,
redoing their site plans. If we deviate from it, then we need very clear criteria why this is a
special development, and why this development deserves a different set of criteria. Councilman
Estes stated it is not codified, we are not changing building codes, or zoning, all we are doing is
giving some kind of common law interpretation on how we feel today. We are giving an opinion
with the vote. Do we want to give the verbal direction to go less than forty-six feet. Mr. Varnell
stated he has some concerns with traffic, on street parking and emergency vehicles when we
have such compacted neighborhoods. Councilman Estes asked if he was concerned with this.
Mr. Varnell replied yes, as designed. It needs a higher level of design if we do it. That is the
city’s position. The Planning Commission voted 7-2 in favor of forty-two. Councilman Estes
stated he’d like to hear from the Planning Commission Chairman Ben Berry. Mayor Brooks
asked Mr. Varnell if he had any comparison data from the surrounding areas. Mr. Varnell replied
he has seen no less than forty, very specialized areas. Councilman Estes asked Planning
Commission Chairman Ben Berry what else does the Council need to consider and in long term
what is best for Cleveland. Mr. Berry stated Mr. Varnell’s position is very difficult, as he’s not a
policymaker, he is a communicator, the first communication to the developer and he needs
guidance. Guidance will help the members of the Planning Commission make their decisions.
They were more concerned about parking and walkability than the lot size. It would help if we
had guidelines, standard subdivisions, and what Mr. Varnell has presented helps us as a tool to
effectively evaluate these PUD’s. The main problem is parking. How can we assure you don’t
have cars blocking the road for emergency services. Easy way, alleyway parking. He encourages
creativity but we need criteria, is this the exception to the rule or the rule. Planning Commission
discussion was forty-six or forty-two. Some didn’t see the big deal in the single-family
component. Some wanted to hod to forty-six. Every unit would have two vehicles with a twenty-
foot driveway plus the garage. Concerns were specifically the cars blocking the sidewalks.
Councilman Estes stated he was struggling with the equity part. It’s a PUD, it’s unique. Yes, Mr.
Varnell needs direction, but the biggest hiccup is parking in the driveway and slots on the road.
The Planning Commission spent a lot of time on this. Councilman May stated he understands
developers want to make money, he wants them to but if we go to forty-two, someone else will
come ask for forty and it can keep going. Councilman Estes stated hearing from everyone will be
beneficial. Mayor Brooks asked if anyone would like to speak in favor of the request. Cody
Etling with Miller, McCoy the Civil Engineers for the project. In regard to Councilman Goff
question about the sidewalk around this parking spaces, we had every intent to put a sidewalk
there. I think it just missed when drafting the site plan, but we'll be more than happy to add that
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there. In regard to maintenance of the parking spaces, something that we will have to discuss can
be delineated within the HOA regulations of the subdivision that the HOA is responsible for the
maintenance of the spaces. The property line through the parking can be tweaked. We can make
all make all the parking in the right of way or move that parking into the community zones and
keep the entirety of the parking on private. But then we would have to navigate the question of
how these parking spaces are accessed. If we keep the parking configuration the way it is now,
ninety degrees with respect to the travel way unless we create a designated parking lot
somewhere, we are going to have a continuous paved apron that goes from the road to the
parking space. The property line issue is something that could be more ironed out with HOA
regulations, as far as maintenance is concerned. As far as rear loaded alleyways, Mr. Issa and the
home builder, has a product that is twenty-eight foot wide that has a front garage, so I don't think
we have a product that has a rear facing garage. That is a type of development that occurs, but
that's not a product that that we're prepared to offer here. In relation to some of the other Council
members have said from my client’s standpoint, density is profitability. When you're looking at a
development there's nothing that would stop my client from doing twenty-foot-wide townhomes
throughout this entire thing, packing it out with two times the number of developments that we
have now and making more money off of it. My client wants to provide homes for people to
raise kids in that have yards more yards in the townhomes and he's taking, it may not be apparent
to everyone, but he is making a financial sacrifice providing single family home versus packing
it out with townhomes or apartments. The community spot in the center has a mail kiosk, a
pavilion for children to be dropped off and picked up from school buses. To show that we're
willing to work with the City Council here on these requirements. The site plan that you all have
in front of you had twenty feet between these sections of four townhomes, we can reduce that to
ten feet, without having to sprinkle those buildings and make up that space in a larger
community space. So, I have a site plan here where it's exactly the same as what you all have
before you, but we shrunk that space between those sets of townhomes to ten instead of twenty
and made the community space forty feet wider in the center. That’s something that we're open
to do, to make that community space larger and provide more amenities. There's was a
discussion about the loss of lots. I mentioned that we would lose four lots in Planning
Commission but that didn't account for the fact that they're essentially four rows of homes. When
you actually look at it through the homes, we're losing five. That's may not seem like a crazy
number, but any you know on a per lot basis when you're getting paid on a per lot basis to
develop that's a significant amount. In regard to future development, I think what Mr. Varnell
explained is spot on. We had discussions with Mr. Varnell and Mr. Jobe about potentially using
that space, but for the time being, it's kind of in a more commercial zone out along Holloway
Road. We would like to keep that as a potential future commercial space instead of designating it
to residential, especially since it sits right behind the gas station. Matt with the Smith Douglas
Homes is here as well with some of the products that they're offering in this development. One
thing that's pertinent here is that regardless of the lot with forty-two versus forty-six. If it in a
theoretical sense the product would remain the twenty-eight-foot product. So, we can fit this
product in this PUD, we can on the forty-two-foot width lots, keep room for the HVAC units on
the side meet side building setbacks, We feel very confident about that product, and we think we
have a good number. The south side of Cleveland does not have a lot of subdivisions. The north
side of the county is very development heavy, as the south side isn't. Have the industrial park
down there and the one thing that those businesses will need is local housing for the people that
are going to work there. We want to provide is affordable housing for those to move in at a good
price point, given how crazy the housing market 's been in the past five years. Matthew Shayler
with Smith Douglas Homes stated he represents the home builder and the product. He handed out
renderings of what the product will be in this development. I guess we'll start with parking, since
that's been kind of the topic. You can see in all the twenty-four-foot plan or twenty-eight-foot
detached plans, all of them have a two-car garage, two car driveways. So. that'll be kind of the
main point of anywhere that would run the detached product, which of course is where we're
talking about these forty-two-foot lots. Four parking spots without the road. That is our most
narrow and our most affordable townhome. Even with that, we do have a one car garage
included. You'll see in in that handout a development from Cartersville, Georgia we did. We've
had a lot of luck with that, and it has one car driveways to that townhome. We can do that
townhome with two car garage but admittedly, it doesn't look as good. What we would do here is
have a model home, probably of each product, and then we would run a design center out of it.
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We are extremely excited to be in Cleveland for the first time. We're going to provide an
affordable house, but it's going to be completely personalized. We pre-sell as many as we can,
get potential buyers in, and they get to design their own home, get to pick their finishes and do it
at an affordable price. We'd be bringing these townhomes, fully personalized townhomes, which
are three beds, we'd be starting those out at a base price of $267,000. With the single-family
homes, we would have four different house plans with different elevations to choose from, but
those would be in the high twos as well. The townhomes would be two different plans at 1,600
square feet. So, there's a good bit of size for those townhomes, and then the single-family homes
we would do 1,700 square foot to 2,300 square foot. Whether there's a forty-two-foot lot or
forty-six-foot lot is we would build that exactly same house. Councilwoman McKenzie asked
how many single-family dwellings versus townhomes. Mr. Shayler stated forty-six to forty-six.
Mr. Issa could build all townhomes here, but we’re a home building company. We want to build
the homes; we want to put people in their first homes. Councilman May stated if we maintain
twenty-six feet per lot, how does that change your number. Mr. Shayler stated they will stick
with the exact same plans. Based on our market study, we want to use our same plans and costs
but changing the lot size would probably change his number per lot, and essentially that will just
get pushed down to the buyer. Mr. Bassam Issa stated he has tried everything on this property.
First, he approached Publix. Initially they said they would come. Then they said no, it’s too far
away from homes. They wanted to be by Walmart or that area. There is no land for that. He
bought the property anyways, for Four Million Two and he is limited to what he can do. He
found this product and great company and the only thing that I can have is to have this company
come and do this, a great unique product being a PUD with a commercial walk ability to four or
five restaurants and a coffee shop. My experience with Cleveland, I considered as equal to
Chattanooga, that's why I'm still developing here. It is a great city. Great future and I know you
do different things than other cities but at the end of the day I have initially have ninety-seven
lots and talking with Robert, I lost five more. I can’t lose anymore. For the cost and the base, I
had in it, I’ll be in trouble. I’d rather not even do it and wait for something else. He feels it is a
great opportunity for all of us if we make it with what Robert and you guys want and do
whatever it takes to make it a unique development. If someone else wants to do something
similar it might be every few years, not widespread. This will not be a precedence where you
can’t defend the fact that you can’t do it for others unless they have something similar, or
uniquely different in a PUD. I do appreciate you and very impressed with the discussion that you
had, and I learned from it. I hope that you will see it our way because I cannot do any more than
that. It is a great company, and I will control everything they do because this is my development
and want to make sure everything looks great. 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.
CONSENT AGENDA
Mayor Brooks stated the Consent Agenda was presented to the Council during the Work
Session. Councilman Estes moved to approve the following items from the Consent Agenda. The
motion was seconded by Vice Mayor Webb; and upon roll call, unanimously passed 6-0.
• Final Passage - Zoning Ordinance 2025-04 – heretofore passed on first reading
February 10, 2025 and found in Minute Book 31, Page 177; Concerning a request
by Dennis Botts for consideration of an ordinance to zone about .29 acres, more or
less, for property located at Johnson Boulevard from FAR unincorporated county
to R-2 Low Density Single and Multi-Family Zoning District and includes Tax
Map 058I Group C Parcel 009.00 (Planning Commission: Approved 9-0).
• Final Passage - Zoning Ordinance 2025-05 - heretofore passed on first reading
February 10, 2025 and found in Minute Book 31, Page 191; Concerning a request
by the Eldredges and O’Neals for consideration of an ordinance to zone about 22
acres, more or less, for property located at North Lee Hwy from FAR
unincorporated county and RA Residential Agricultural to PUD62 and includes a
portion of Tax Map 034 Parcel 025.02 (Planning Commission: Approved 8-0; 1
recused).
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• Final Passage - Zoning Ordinance 2025-06 - heretofore passed on first reading
February 10, 2025 and found in Minute Book 31, Page 196; Concerning a request
by Brett Howell for consideration of an ordinance to zone about 9.6 acres, more or
less, for property located at Michigan Avenue Road from IH Heavy Industrial
Zoning District to PUD61 and includes Tax Map 050 Parcels 036.00 and 037.00
(Planning Commission: Approved 8-0; 1 recused).
• Final Passage - Zoning Ordinance 2025-08 - heretofore passed on first reading
February 10, 2025 and found in Minute Book 31, Page 200; Concerning a request
by Maverick Development for consideration of an ordinance to amend PUD 40 to
include a second access point on Sequoia Road (Planning Commission: Approved
8-0; 1 recused).
• Final Passage - Zoning Ordinance 2025-09 - heretofore passed on first reading
February 10, 2025 and found in Minute Book 31, Page 204; Concerning a request by
Gary Waters for consideration of an ordinance to amend PUD 58 to include the
development of apartment complexes up to 228 units in place of single family
attached and single family detached units (Planning Commission: Approved 9-0).
• Resolution 2025-17 – Approving an agreement with Bartlett Tree Experts for tree care
services at Johnston Park.
RESOLUTION 2025-17
A RESOLUTION APPROVING OF AN AGREEMENT WITH BARTLETT TREE
EXPERTS FOR TREE CARE AND TREATMENT AT JOHNSTON PARK
WHEREAS, the City Manager and the City’s Urban Forrester are recommending to the
City Council that the City enter into an agreement with Bartlett Tree Experts to provide tree care
and treatment services for trees located in Johnston Park; and
WHEREAS, the City Council desires to approve the attached agreement with Bartlett
Tree Experts and to authorize the Mayor to execute the attached agreement 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 agreement with
Bartlett Tree Experts to provide the services as described in the attached agreement, and the City
Council further authorizes the Mayor to execute the agreement on behalf of the City.
This 24th day of February 2025.
APPROVED AS TO FORM:
/s/John F. Kimball ___________________________
City Attorney Kevin Brooks, Mayor
___________________________
Shawn McKay, City Clerk
• Surplus Property – Declaring equipment/vehicles as surplus property and be used for
Fire Department Training and/or sold on GovDeals.
TO: Mayor and City Council
FROM: Kristi Powers, Budget/Purchasing Coordinator
DATE: February 24, 2025
RE: Surplus Property
SUMMARY:
Requesting the following assets be declared surplus property.
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To be used for Fire Dept training:
• 2013 Dodge Charge VIN 2C3CDXAG5DH721569
• 2006 Crown Victoria VIN 2FAHP71W06X110279
To be sold on GovDeals:
• 2016 Clark C40L P455L-0618-9887 KF
• 2015 JCB 8035ZTS Mini Excavator VIN JCB08035J02022804
COMMITTEE FINDINGS:
None.
FISCAL ANALYSIS:
None.
RECOMMENDATION:
City staff recommends approval of this item.
• Motion – Approval to submit a Letter of Intent for the 2025 Project Diabetes Grant.
TO: Mayor and City Council
FROM: Cathy Andrews, Redevelopment Coordinator
DATE: February 24, 2025
RE: Approval to Submit Letter of Intent for the 2025 Project Diabetes Grant
SUMMARY:
Approval to submit a Letter of Intent (Pre-Application) to the Tennessee Department of Health
for the 2025 Project Diabetes Grant for the purpose of funding improvements to the Shepard
Field Area and connecting sidewalks in the Blythe Oldfield Community. The maximum grant is
$450,000 and the city will leverage funds and in-kind services to complete the project if the grant
is funded.
COMMITTEE FINDINGS:
FISCAL ANALYSIS:
$450,000
• Motion - Travel Reimbursement Update
TO: Mayor and City Council
FROM: Joe Fivas, City Manager
DATE: February 24, 2025
RE: Travel Reimbursement Update
SUMMARY:
The General Services Administration (GSA) sets the per diem rates for Tennessee. These rates
cover lodging, meals, and incidental expenses. The City’s Administrative Travel Policy is
outdated and will be revised during our budget process.
COMMITTEE RECOMMENDATION:
N/A
FINANCIAL IMPACT:
N/A
STAFF RECOMMENDATION:
Staff’s recommendation is to approve that City employees and elected officials use the standard
per diem rate and policies set by the General Services Administration (GSA) for Tennessee for
lodging, meals, and incidentals expenses as of February 24, 2024. This measure will sunset when
a new Travel Policy is adopted by the City Council.
UNFINISHED BUSINESS
There was no unfinished business.
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REPORTS OF COUNCIL MEMBERS
Councilwoman McKenzie had no report at this time.
Councilman Estes recognized Two Brothers Tire and Auto Shop for their commitment to
the Second District and being good neighbors. They have done everything they said they would
do when opening the shop and kudos to them.
Councilman May had no report at this time.
Councilman Goff had no report at this time.
Vice Mayor Webb had no report at this time.
Councilman Moore stated since the Soccer Complex is getting more usage, he is
receiving calls concerning Mouse Creek Road and looking for some type of update. Mr. Fivas
stated yes, the project is two-fold. To expand the width of the road and on the MPO list for state
paving. These are approved projects and, in the process, and as we go through the budget
process in the next few months, we can develop a phase plan.
NEW BUSINESS AND ORDINANCES
The following Ordinance was then presented:
a. Zoning Ordinance 2025-07 - Concerning a request by Bassam Issa for
consideration of an ordinance to zone about 36 acres, more or less, for property
located at APD-40 from IH Heavy Industrial Zoning District to PUD 60 and
includes Tax Map 065 Parcel 001.00 (Planning Commission: Approved 7-2).
Councilman Goff moved to approve Zoning Ordinance 2025-07 on first reading. The
motion was seconded by Councilman Estes. Councilman Estes stated he wanted to speak why he
is for this and give Mr. Varnell some direction. He is one person and thinks in a work session we
should hammer specifics out not just for this PUD. We are looking at forty-six single family
homes, at $225,000, you can’t find that in Cleveland. He has been paying a lot more attention in
Planning Commission on the real estate market. Cons are the parking, it kind of moved him on
the lot size. This is a one off and I’m bold enough to take all these one at a time, where I might
not approve of this somewhere else. I believe city staff will have direction before this comes
back up. I’m also bold enough to say to folks we’ve already approved forty-six and fifty, it stays
that. I’m bold enough to second this motion and support it. He has been wrestling this for three
months and it is important to speak up. Mr. Varnell asked for a point of clarification on the
motion, the staff’s recommendation is forty-six or is the motion for forty-two? Councilman Goff
stated his motion is forty-two as requested with the caveat of what they would do, regarding the
parking and sidewalk around the parking, that it would be in the final reading. Mr. Issa stated
what he really likes about the product in Cleveland and elsewhere is to have affordability in the
homes and what I liked about this product, it is affordable. If you look at the majority of
Cleveland people, based on the fact they work in factories and all that. This is a blessing to have
something around the three hundred thousand, to own their own home and things like that. The
other point is if I get enough, I and others, more development residential between where
Walmart is and the freeway. I can convince people like Publix to come in. We can grow that area
better. That was really detrimental for me when they backed out, but I was maybe stupid. I have
faith that I can figure a different way to do it and make a little money, so I'm hoping that will be
the case. Just to review with Mr. Fivas a yes vote would be to vote with the Planning
Commission, which voted for forty-two. Mr. Fivas stated there was a lot of discussion there, the
parking. Councilman Goff indicated that he was voting and made the motion to include the
discussion that was had today. Mr. Fivas stated the big question is forty-two and I would suggest
the Council, would have Robert work with the builder and the developer to bring back another
site plan that goes to forty-two with different parking options so that we are all on the same page
on what this is. We need to get on record a policy our staff can follow. Councilman May stated
p. 218 REGULAR SESSION
FEBRUARY 24, 2025
PAGE -218-
MINUTE BOOK 32
we need guidelines to show why this is special at forty-two and another developer ask, and we
say no. It needs to be in writing if it meets criteria. Councilman Estes asked Mr. Kimball if this
passes and in two weeks the PUD ordinance would it be considered too different. Mr. Kimball
stated no, it is the same PUD. He then suggested the Council direct Mr. Varnell to bring back at
the next meeting, assuming it passes, an amended PUD that includes the bullet points from his
memo and includes forty-two feet lot width and then it can be approved on final reading.
Councilman May asked that the PUD ordinance come back revised for first reading at the next
meeting with the conditions. Councilman Goff then rescinded his motion for approval. Mayor
Brooks stated the Ordinance will be postponed until the March 10 meeting while Mr. Varnell
works with the developer to amend the ordinance to include today’s discussion points.
ANNOUNCEMENTS
Mayor Brooks announced the following:
a. The next City Council meeting will be held on Monday, March 10, 2025
ADJOURNMENT
There being no further business, Mayor Brooks adjourned the meeting at 4:22 p.m.
_________________________________ _________________________________
Mayor City Clerk
Agenda
City Council 190 Church St., NE
Cleveland, TN 37312
Work Session www.clevelandtn.gov
Agenda
Monday, February 24, 2025 1:00 PM Municipal Building
1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS
a. FY2024 Audit Presentation
2. CITY MANAGER REPORT
a. Discussion of Tax Increment Financing
b. Project Updates
3. REVIEW OF 3:00 AGENDA – CITY MANAGER
4. REPORTS OF COUNCIL MEMBERS
a. Councilwoman McKenzie
b. Councilman Estes
c. Councilman Cassada
d. Councilman May
e. Councilman Goff
f. Vice Mayor Webb
g. Councilman Moore
5. ANNOUNCEMENTS
6. ADJOURNMENT
City Council 190 Church St., NE
Cleveland, TN 37311
Regular Session www.clevelandtn.gov
Agenda
Monday, February 24, 2025 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 10, 2025 (p. 1)
5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS
6. HEARING PETITIONS AND COMMUNICATIONS
a. Mayoral Appointments to the Planning Commission
b. Public Hearing – To hear public comments concerning a request by Bassam Issa for
consideration of an ordinance to zone about 36 acres, more or less, for property
located at APD-40 from IH Heavy Industrial Zoning District to PUD60 Planned Unit of
Development and includes Tax Map 065 Parcel 001.00 (Planning Commission:
Approved 7-2) (p. 2-3).
7. CONSENT AGENDA
a. Final Passage - Zoning Ordinance 2025-04 - Concerning a request by Dennis
Botts for consideration of an ordinance to zone about .29 acres, more or less, for
property located at Johnson Boulevard from FAR unincorporated county to R-2 Low
Density Single and Multi-Family Zoning District and includes Tax Map 058I Group C
Parcel 009.00 (Planning Commission: Approved 9-0) (p. 4-7).
b. Final Passage - Zoning Ordinance 2025-05 - Concerning a request by the
Eldredges and O’Neals for consideration of an ordinance to zone about 22 acres,
more or less, for property located at North Lee Hwy from FAR unincorporated
county and RA Residential Agricultural to PUD62 and includes a portion of Tax Map
034 Parcel 025.02 (Planning Commission: Approved 8-0; 1 recused) (p. 8-15).
c. Final Passage - Zoning Ordinance 2025-06 - Concerning a request by Brett
Howell for consideration of an ordinance to zone about 9.6 acres, more or less, for
property located at Michigan Avenue Road from IH Heavy Industrial Zoning District
to PUD61 and includes Tax Map 050 Parcels 036.00 and 037.00 (Planning
Commission: Approved 8-0; 1 recused) (p. 16-24).
d. Final Passage - Zoning Ordinance 2025-08 - Concerning a request by Maverick
Development for consideration of an ordinance to amend PUD 40 to include a
second access point on Sequoia Road (Planning Commission: Approved 8-0; 1
recused) (p. 25-34).
e. Final Passage - Zoning Ordinance 2025-09 - Concerning a request by Gary Waters
for consideration of an ordinance to amend PUD 58 to include the development of
apartment complexes up to 228 units in place of single family attached and single
family detached units (Planning Commission: Approved 9-0) (p. 35-45).
f. Resolution 2025-16 – Approving an agreement with Bartlett Tree Experts for tree care
services at Johnston Park (p. 46-54).
g. Surplus Property – Declaring equipment/vehicles as surplus property and be used for
Fire Department Training and/or sold on GovDeals (p. 55).
h. Motion – Approval to submit a Letter of Intent for the 2025 Project Diabetes Grant (p. 56).
i. Motion - Travel Reimbursement Update (p. 57).
8. UNFINISHED BUSINESS
9. REPORTS OF COUNCIL MEMBERS
a. Councilwoman McKenzie
b. Councilman Estes
c. Councilman Cassada
d. Councilman May
e. Councilman Goff
f. Vice Mayor Webb
g. Councilman Moore
10. NEW BUSINESS AND ORDINANCES
a. Zoning Ordinance 2025-07 - Concerning a request by Bassam Issa for
consideration of an ordinance to zone about 36 acres, more or less, for property
located at APD-40 from IH Heavy Industrial Zoning District to PUD 60 and includes
Tax Map 065 Parcel 001.00 (Planning Commission: Approved 7-2) (p. 58-68).
11. ANNOUNCEMENTS
a. The next City Council meeting will be held on Monday, March 10, 2025
12. ADJOURNMENT
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