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Cleveland City Council

Regular Meeting

Cleveland, TN · April 14, 2025

AgendaMinutes

Minutes

p. 252 REGULAR SESSION APRIL 14, 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, APRIL 14, 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, Tom Cassada, Duane Goff, Ken Webb and Dan Moore. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Sue Zius, Administrative Coordinator; Beverley Lindsey, Assistant to the City Manager; 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; Kim Miller, HR Director; Garrett Frye with Congressman Fleischmann’s Office; Jodi Riggins with Cleveland City Schools; Lonnie Hood; Jim Richmond; Dementrius Ramsey; Tim Rader; Sharon Marr with Mainstreet Cleveland Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Pastor Kris Horvath with Redemptions to the Nations 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 March 24, 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 Mayor Brooks and the City Council presented the following Proclamation: BRADLEY CENTRAL HIGH SCHOOL BEARETTES DAY” Whereas, the Bradley Central High School Bearettes won its third consecutive title with a dominating 70-22 win over Barlett to take the championship making it the ninth overall title for the Bearettes; and . . . . Whereas, the outstanding Bearettes’ roster include: Avery Brewer, Love Howard, Alliyah Osborn, Medeline Schultz, Titianna Stoval, Harmonie Ware, Abby White, Malia Wilcox, Makayla Broome, Kimora Fields, Addie Geren, Libby Stewart, Jada Francis, Hallie Rymer and Rayley Payne, Student Assistant; NOW THEREFORE, I, Kevin Brooks, Mayor of the City of Cleveland, TN and on behalf of the entire City Council, do hereby declare Monday, April 14, 2025, as: “BRADLEY CENTRAL HIGH SCHOOL BEARETTES’ DAY” in the City of Cleveland and ask our citizens to congratulate this fine group of young women and their coaches for a job well done. I hereby declare that Head Coach Jason Reuter, Assistant Coaches Amy Tinsley, Keith Freeman and Adam Belford and the BCHS Bearettes as ambassador for the City of Cleveland for their true spirit of sportsmanship and a winning spirit that is the envy of the State of Tennessee. p. 253 REGULAR SESSION APRIL 14, 2025 PAGE -253- MINUTE BOOK 32 Mayor Brooks and the City Council presented the following Proclamation: “A R B O R D A Y” WHEREAS, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aide for the planting of trees; and . . WHEREAS, This holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and . . . . WHEREAS, Arbor Day is now observed throughout the nation and the world; and . . . WHEREAS, Trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and . . WHEREAS, Trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and . . . . WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and . . . . WHEREAS, Trees are a source of joy and spiritual renewal; and . . . . WHEREAS, Cleveland has been recognized as a Tree City by the National Arbor Day Foundation and desires to continue its tree-planting ways, NOW THEREFORE, I, Kevin Brooks, Mayor of the City of Cleveland, Tennessee do hereby proclaim, April 25, 2025 as “ARBOR DAY” in the City of Cleveland, and urge all citizens to support efforts to care for our trees and woodlands and to support our city’s community forestry program. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Marti Hood for consideration of an ordinance to zone about 2.4 acres, more or less, for property located at Durkee Rd. from IL Light Industrial and RA Residential Agricultural Zoning District to R-3 High Density Single and Multi-Family Zoning District and includes Tax Map 058 Parcel 032.01 (Planning Commission: Denied 6-0; 3 absent). Robert Varnell stated staff recommended approving the request, based on several factors. First, the existence of newly R-3 residential subdivisions in the general area. Also, we looked at the surrounding industrial property and made note that any development at this location will have to deal with preexisting industry around it. The owner of the property has requested residential use, and staff stands by the recommendation. The Planning Commission had concerns about the surrounding industrial sites, but it does meet the conditions staff reviews. Mayor Brooks asked if anyone would like to speak in favor of the request. Lonnie Hood stated he turned in signed affidavits from area residents that noise does not impact the area, and he has spoken to the surrounding industrial businesses. Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request Epperson Allison Homes, LLC for consideration of an ordinance to amend PUD 54 located on Freewill Rd. to include a change in the primary access point and one additional lot and includes Tax Map 041 Parcels 047.01 and 047.02 (Planning Commission: Approved 5-0; 3 absent, 1 recused). Robert Varnell stated this is straightforward. We have an existing power pole that could not be moved due to certain conditions, so the access point was moved, which added an additional lot. Staff does support the request. Councilman Webb stated when this was first approved, the developer allocated land for road improvements and asked if it p. 254 REGULAR SESSION APRIL 14, 2025 PAGE -254- MINUTE BOOK 32 is still in the ordinance. Mr. Varnell stated yes, the plat does have it. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Andre Richardson for consideration of an ordinance to zone .04 acres more or less of property located on Central Ave from CH Highway Commercial to CBD Central Business District and includes Tax Map 057D Group H Parcel 002.00 (Planning Commission: Approved 6-0; 3 absent). Robert Varnell stated this property probably makes a good target for an eventually updated urban zone. We have been looking at additional zoning designations for urban areas. The applicant took a once was a dilapidated structure and remodeled it with the intent to rent. We are recommending rezoning to the CBD zoning, which is the closest fit to surrounding residential tracks. Staff supports the improvement and the rezoning. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. 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 Councilman May; and upon roll call, unanimously passed 7-0.  Resolution 2025-27 – Authorizing the Mayor to sign contract amendment 1 with Metal America related to the payment of a prefabricated steel building. RESOLUTION 2025-27 WHEREAS, the City of Cleveland has previously entered into an agreement to purchase a prefabricated metal building from Metal America LLC; and WHEREAS, Metal America, LLC and its subcontractor, Bunger Steel, have requested an amendment to the existing agreement which will allow the City’s payment for the building to be split between Metal America, LLC, and Bunger Steel, and WHEREAS, City staff have prepared the attached contract amendment number 1 to the existing agreement with Metal America, LLC for this purpose; and WHEREAS, the City Council desires to approve the attached Amendment #1 with Metal America LLC, and to further authorize the Mayor to execute this amendment 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 Amendment Number 1 to the City’s existing agreement with Metal America LLC for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 14th day of April 2025 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 255 REGULAR SESSION APRIL 14, 2025 PAGE -255- MINUTE BOOK 32  Resolution 2025-28 – Authorizing the City to purchase equipment for the Facilities Maintenance Division a Kubota Utility Vehicle through the Master Intergovernmental Cooperative Purchasing Agreement # 112624-KAB. RESOLUTION 2025-28 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE EQUIPMENT, PRODUCTS, OR SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING CONTRACT #112624-KBA, 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 Kubota Tractor Corporation (“Company”) and Participating Entities in cooperation with Sourcewell, a State of Minnesota local government and service cooperative, on behalf of Participating Entities, which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of equipment, products or services pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative Purchasing Agreement provided that it adopts a resolution accepting the terms of the Contract and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered with Sourcewell which allows the City of Cleveland to enter into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements and facilitate access to the Master Agreement and the Company under Contract #112624-KBA, 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 #112624-KBA, 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  Resolution 2025-29 – Accepting Spring Creek Drive, a portion of Business Park Drive, Parkside Place and Ridge Park Drive in the Spring Creek Town Center and Spring Creek Commons development as city streets. RESOLUTION 2025-29 WHEREAS, Spring Creek Town Center Phase 1 is a subdivision located in the City of Cleveland and is depicted on a plat recorded in Plat Book 22, page 119, in the Bradley County Register of Deeds Office; and p. 256 REGULAR SESSION APRIL 14, 2025 PAGE -256- MINUTE BOOK 32 WHEREAS, Spring Creek Commons Phase 1 is a subdivision located in the City of Cleveland and is depicted on a plat recorded in Plat Book 22, page 120, in the Bradley County Register of Deeds Office; and WHEREAS, Spring Creek Drive, Parkside Place, and Ridge Park Drive are streets located within these developments and are depicted on one or both of these two Plats; and WHEREAS, the developer has requested that the City accept these streets as City streets; and WHEREAS, the City's engineering staff has inspected these streets and is now recommending that the City accept the following as City Streets: (1) Spring Creek Drive that is approximately 1,855 LF in length along right of way centerline from the north line of 25th Street NE to the east line of Ridge Park Drive that includes the existing roundabout and a portion of Business Park Drive from the roundabout (RA) center point to about 110 LF southeast of the roundabout center point and recorded in Plat Book 22 page 119-120 in the Bradley County Register of Deeds Office. (2) Parkside Place that is approximately 240 LF in length along right of way centerline from the west line of Spring Creek Drive to the west line of Ridge Park Drive and recorded in Plat Book 22 page 120 in the Bradley County Register of Deeds Office. (3) Ridge Park Drive that is approximately 440 LF in length along right of way centerline from the northern ending of Spring Creek Drive to the south line of Parkside Place and recorded in Plat Book 22 page 120 in the Bradley County Register of Deeds Office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept the following as City streets: (1) Spring Creek Drive that is approximately 1,855 LF in length along right of way centerline from the north line of 25th Street NE to the east line of Ridge Park Drive that includes the existing roundabout and a portion of Business Park Drive from the roundabout (RA) center point to about 110 LF southeast of the roundabout center point and recorded in Plat Book 22 page 119-120 in the Bradley County Register of Deeds Office. (2) Parkside Place that is approximately 240 LF in length along right of way centerline from the west line of Spring Creek Drive to the west line of Ridge Park Drive and recorded in Plat Book 22 page 120 in the Bradley County Register of Deeds Office. (3) Ridge Park Drive that is approximately 440 LF in length along right of way centerline from the northern ending of Spring Creek Drive to the south line of Parkside Place and recorded in Plat Book 22 page 120 in the Bradley County Register of Deeds Office. This 14th day of April 2025 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 257 REGULAR SESSION APRIL 14, 2025 PAGE -257- MINUTE BOOK 32  Resolution 2025-30 – Accepting Brookmore Trail, Kinders Way and Epperson Trail in the Brookmore Subdivision as city streets. RESOLUTION 2025-30 WHEREAS, Brookmore Subdivision Phases 1, 2, 3 and 4 are all located within the City of Cleveland; and WHEREAS, the plat for Brookmore Subdivision Phase 1, is recorded in Plat Book 39, Page 5 in the Bradley County Register of Deeds office, and the plat for Brookmore Subdivision Phase 2, is recorded in Plat Book 39, Page 59 in the Bradley County Register of Deeds office, and the plat for Brookmore Subdivision Phase 3, is recorded in Plat Book 41, Page 12 in the Bradley County Register of Deeds office, and the plat for Brookmore Subdivision Phase 4, is recorded in Plat Book 41, Page 134 in the Bradley County Register of Deeds office; and WHEREAS, Brookmore Trail, Kinders Way and Epperson Trail are streets located within these phases of the Brookmore subdivisions; and WHEREAS, the developer has requested that the City accept these streets as City streets; and WHEREAS, the City's engineering staff has inspected these streets, and is now recommending that the City accept the following portions of these streets as City streets: (1) Brookmore Trail that is approximately 1,440 LF in length along right of way centerline from the north line of 22nd Street NW to the cul-de-sac end and recorded in Plat Book 39 page 5, Plat Book 39 page 59 and Plat Book 41 page 134 in the Bradley County Register of Deeds Office. (2) Kinders Way that is approximately 610 LF in length along right of way centerline from the west line of Brookmore Trail to the cul-de-sac end and recorded in Plat Book 39 page 59 and Plat Book 41 page 12 in the Bradley County Register of Deeds Office. (3) Epperson Trail that is approximately 475 LF in length along right of way centerline from the west line of Brookmore Trail to the cul-de-sac end and recorded in Plat Book 39 page 59 and Plat Book 41 page 12 in the Bradley County Register of Deeds Office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept the following as City streets: 1. Brookmore Trail that is approximately 1,440 LF in length along right of way centerline from the north line of 22nd Street NW to the cul-de-sac end and recorded in Plat Book 39 page 5, Plat Book 39 page 59 and Plat Book 41 page 134 in the Bradley County Register of Deeds Office. 2. Kinders Way that is approximately 610 LF in length along right of way centerline from the west line of Brookmore Trail to the cul-de-sac end and recorded in Plat Book 39 page 59 and Plat Book 41 page 12 in the Bradley County Register of Deeds Office. 3. Epperson Trail that is approximately 475 LF in length along right of way centerline from the west line of Brookmore Trail to the cul-de-sac end and recorded in Plat Book 39 page 59 and Plat Book 41 page 12 in the Bradley County Register of Deeds Office. This 14th day of April 2025. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 258 REGULAR SESSION APRIL 14, 2025 PAGE -258- MINUTE BOOK 32  Resolution 2025-31 – Authorizing the Mayor to sign a contract extension with ESRI for the City’s GIS Software Licenses. RESOLUTION 2025-31 WHEREAS, the City has received the attached license agreement from Environmental Systems Research Institute Inc., which license agreement is necessary for continued use and operation of the City’s GIS system; and WHEREAS, the City Council desires to enter into this license agreement with Environmental Systems Research Institute Inc., and to further authorize the Mayor to execute this agreement on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached license agreement with Environmental Systems Research Institute Inc. and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 14th day of April, 2025. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk  Motion – To approve the current paving contract with APAC-Atlantic dba Talley Construction for an additional one-year term. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: April 14, 2025 RE: Contract Extension – Major Paving SUMMARY: Requesting an extension to the current Paving contract with APAC-Atlantic dba Talley Construction for an additional one-year term. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Recommendation is to approve an extension of the current contract for an additional one-year period. The term of the new contract will be July 1, 2025, through June 30, 2026.  Motion – Approving a land lease agreement with City Fields for property at 750 6th St NE for the purpose of operating a community garden and related community-building activities. TO: Mayor and City Council FROM: Dustin Tommey, Redevelopment Coordinator CC: Joe Fivas, City Manager DATE: April 14, 2025 RE: Proposed Land Lease Agreement with City Fields p. 259 REGULAR SESSION APRIL 14, 2025 PAGE -259- MINUTE BOOK 32 SUMMARY: City staff recommends approval of a land lease agreement between the City of Cleveland and City Fields CDC, a nonprofit community development organization. The proposed lease would grant City Fields use of the fenced-in portion of the city-owned property at 750 6th Street NE (Tax ID 058A M 001.00) for the purpose of operating a community garden and hosting related community-building activities. The garden is envisioned as a neighborhood hub—supporting health, education, and connection—through shared gardening, workshops, and small public events. The lease also authorizes City Fields to construct, at its own expense, a pavilion that will serve the community and add long-term value to the property (see proposed drawings in Exhibit A attached to the draft lease). COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: There is no cost to the City associated with this lease. City Fields will assume all expenses related to the operation of the site, including utilities, insurance, and ongoing maintenance. Additionally, City Fields will be constructing a new pavilion at its own expense, adding long- term value to this city-owned property. RECOMMENDATION: City staff recommends approval of the lease as presented UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS 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 he forwarded an email from a concerned citizen regarding Weeks Drive and the potential of adding a three-way stop. He ask that staff review and get back with him for a response. Councilwoman McKenzie stated the windows at the new city council building have been installed and the brick has been cleaned, it is looking really nice. Also, some of the things we’ve been shown today just make you feel good about the direction Cleveland is going and thank you to all staff who work hard at what they do. Lastly, she is still looking at the budget and thinking. She encourages everyone to look at it and contemplate how we move forward and help all citizens of Cleveland. Councilman Estes thanked Tommy Myers for the work on Worth Street and thanks to Jonathan Jobe and Bryan Turner for North Ocoee Street work. Councilman Cassada stated to follow-up on the budget meeting, thanks to Beverley Lindsey for the hard work pulling the meeting together. Also, thanks to staff for preparing the budget and Mr. Fivas. Lastly, in the construction along Hwy 60, he is seeing more drivers drive through where the road is closed, taking shortcuts. He asked Chief Gibson to have officers watch the area. Chief Gibson stated yes, and we will contact the State for additional signage and barricades to see if it is confusing or intentional. Mayor Brooks stated the fence at the LeConte site looks fantastic and is thankful on how it turned out. p. 260 REGULAR SESSION APRIL 14, 2025 PAGE -260- MINUTE BOOK 32 NEW BUSINESS AND ORDINANCES The following change order for Jim Sharp Park was then presented: TO: Mayor and City Council FROM: Bryan Turner, Director of Building and Project Development DATE: April 14, 2025 RE: Jim Sharp Park SUMMARY: Attached is a change order to install a fountain in the pond at Jim Sharp Park. Additionally, the City has received a quote for the work to connect the Greenway and parking lot on the south side of the park to the project, but we have not received the formal change order from Chazler. The work is estimated to be around $90,000. Councilman Estes moved to approve the change order. The motion was seconded by Vice Mayor Webb; and upon roll call, unanimously passed. Councilman Cassada inquired if the Greenway work would hold up the park progress. Mr. Turner stated no, it will be done in tandem. The following change order for the City Hall and City Council project was then presented: TO: Mayor and City Council FROM: Bryan Turner, Director of Building and Project Development DATE: April 14, 2025 RE: City Hall and City Council Project – Change Orders SUMMARY: Attached is a list of change orders to date for the Cherokee restoration with a narrative and cost for each item. The low voltage item is not a new cost but instead is being removed from the previously approved scope for technology work by M3. This portion of work will instead be performed by the electricians already onsite for better coordination and a reduction in the overall cost of the data wire installation. The work associated with demolition is also not a new cost item, but instead has been absorbed into this contract by work left uncompleted by the previous demolition contractor. The largest single item on the list that is new is the work related to the sewer re-routing. This is due to unforeseen issues with the current utilities to the building, and a new tap is required. Councilman Estes moved that the change orders be approved. The motion was seconded by Councilwoman McKenzie; and upon roll call, unanimously passed. p. 261 REGULAR SESSION APRIL 14, 2025 PAGE -261- MINUTE BOOK 32 Mayor Brooks stated a revised Urban Growth Boundary Annexation Interlocal Agreement has been received. Vice Mayor Webb moved that the revised Urban Growth Boundary Annexation Interlocal Agreement be accepted as presented. The motion was seconded by Councilman Cassada. Councilman Cassada thanked Mayor Brooks, Vice Mayor Webb and Robert Varnell for their work getting this approved. He received a call from a County Commissioner who was very impressed with how Mr. Fivas went about working with the County and getting this approved. Mr. Fivas thanked him for the remark and stated we had an outstanding dialogue with the County Officials, and it was a good process. Vice Mayor Webb also thanked Mr. Fivas, Jonathan Jobe and Robert Varnell for their involvement. There were twenty-four elected officials that voted to approve this agreement. What’s good for the City of Cleveland is good for Bradley County and what’s good for the county of Bradley is good for the City of Cleveland. We are beginning to see results from that concept. Mayor Brooks thanked everyone involved and it is truly a win-win for all. Upon roll call, the motion unanimously passed. ANNEXATION INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLEVELAND, TENNESSEE, CITY OF CHARLESTON, TENNESSEE AND BRADLEY COUNTY, TENNESSEE Pursuant to Tennessee Code Annotated § 5-1-113, this Annexation Interlocal Agreement (the “Agreement”) is entered into between and among the CITY OF CLEVELAND, TENNESSEE (hereafter "Cleveland”), the CITY OF CHARLESTON, TENNESSEE (hereinafter “Charleston”) and BRADLEY COUNTY, TENNESSEE (hereafter "County”). WHEREAS, the urban growth annexation requirements stem from the Comprehensive Growth Plan enacted by the Tennessee General Assembly in 1998, which requires local governments to create growth plans that include the urban growth boundaries for each municipality, and WHEREAS, an urban growth boundary identifies territory in which the municipality is better able and prepared than other municipalities to efficiently and effectively provide urban services; and WHEREAS, consistent with the requirements of Tenn. Code Ann. § 6-58-104, the parties herein adopted the current growth plan for Bradley County on June 28, 2000, and amended said plan on January 27, 2010; and WHEREAS, any amendment to the growth plan must follow the procedure outlined in Tenn. Code Ann. § 6-58-104 regarding convening the coordinating committee and the criteria for establishing an urban growth boundary as set for in Tenn. Code Ann. § 6-58-106 and said committee was convened on October 17, 2024; and WHEREAS, Cleveland, Charleston and County desire to cooperate with one another and to create a comprehensive growth plan for Bradley County that will meet the requirements of Tenn. Code Ann. § 6-58-106; and WHEREAS, pursuant to Tenn. Code Ann. § 6-58-104(a)(6), a municipality may make agreements with other municipalities and with counties to refrain from exercising any power or privilege granted to the municipality by this title; and WHEREAS, the Cleveland City Council authorized the execution of this Interlocal Agreement on ____________, by passage of Resolution No. _________, which authorizes the Mayor to execute this Agreement on behalf of the City of Cleveland, and WHEREAS, the Charleston City Council authorized the execution of this Interlocal Agreement on ____________, by passage of Resolution No. _________, which authorizes the Mayor to execute this Agreement on behalf of the City of Charleston, and p. 262 REGULAR SESSION APRIL 14, 2025 PAGE -262- MINUTE BOOK 32 WHEREAS, the Bradley County Commission authorized the execution of this Interlocal Agreement on ______________, by passage of Resolution No. __________, which authorizes the County Mayor to execute this Agreement on behalf of the County. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and for the good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Purpose. This Agreement is for the purpose of establishing an agreement between Cleveland, Charleston and County related to annexation of territory outside the urban growth boundary by referendum as further described herein. Section 2. Cooperative & Performance Agreement. (a) Property to be annexed by City of Cleveland. Cleveland hereby agrees that during the term of this agreement, Cleveland shall not take any action to annex any property by referendum pursuant to Tenn. Code Ann. § 6-58-111 outside its urban growth boundary except those properties that are continuous to the Cleveland corporate limits but outside of the Urban Growth Boundary. Cleveland and County agree that Cleveland shall not seek to annex property pursuant to Tenn. Code Ann. § 6-51-104 or Annexation by Referendum within its urban growth boundary pursuant to the other requirements in this section 2a. Cleveland and the County agree that Cleveland may seek to use non-contiguous Annexation by Resolution within the Urban Growth Boundary. If Cleveland receives a request for a non- contiguous annexation from a property owner within the Urban Growth Boundary, the County and Cleveland agree that in the required interlocal agreement that if Cleveland takes over the required maintenance and annexes any roads and bridges that connect the proposed annexed property back to the Cleveland’s corporate limits and the City agrees to provide police and fire services to the proposed annexed property, or has a contract to provide these services, the County shall agree to approve any and all proposed non-contiguous annexations that meet the requirements of section 2a. If the County chooses not to approve, or takes no action within 90 days, on a proposed non-contiguous annexation interlocal agreement that meets these stated requirements in this section 2a, then the Cleveland may use Annexation by Referendum within the Urban Growth Boundary for the life of this agreement. (b) Property to be annexed by City of Charleston. Charleston hereby agrees that during the term of this agreement, Charleston shall not take any action to annex any property by referendum pursuant to Tenn. Code Ann. § 6-58-111 outside its urban growth boundary. Charleston and County agree that Charleston may seek to annex property by any available means pursuant to Tenn. Code Ann. § 6-51-104 within its urban growth boundary. (c) Ratification of the growth plan. The parties agree that this agreement shall facilitate cooperation between the parties regarding ratification of a growth plan following the recent convening of the coordinating committee and clarify the future intent of the parties herein related to annexation by referendum. p. 263 REGULAR SESSION APRIL 14, 2025 PAGE -263- MINUTE BOOK 32 Section 3. Term. The parties hereby agree that this agreement shall continue for a period of twenty (20) years or until subsequent proposed amendment of the growth plan by any of the parties herein, whichever occurs first. Section 4. Severability. If any of the terms and conditions of this contract is held to be invalid or unenforceable as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. To this end, the terms and conditions of this agreement are declared severable. Section 5. Annexation of Streets by the City of Cleveland When the City of Cleveland uses non-contiguous annexation statutory provisions between the City and County it is required to annex street or road for future street maintenance that connects the newly annexed property to the main corporate area of the City of Cleveland unless the County and City agree that is not required. When the City uses contiguous annexation it is required to annex county-maintained roads when both sides of the street are located within the City. When the City uses contiguous annexation and the annexation creates a new residential entrance on to a County maintained road and the annexed road segment is contiguous to the City is over 1000 linear feet, then the City shall annex and maintain the County road if the road meets the City standards to accept new streets into the City. However, the City may annex the road if it is less than 1000 linear feet when it is in the best transportation interest for the County and City. The County shall approve and allow the annexation of any County maintained roads and opened and unopened alleys by the City when it uses statutory annexation provisions within the County. The City shall annex with the County consent and take over the maintenance of Tasso Road NE from the current City lines through the last neighborhood driveway along that road. This would be approximately 2,200 feet of road. The City shall annex with the County consent and take over the maintenance of a sections of Minnis Road. Section 6. Fire Tax Committee The City and County will form a six-person Fire Tax Committee to determine the best methodology to hold the County harmless for a defined period for any loss in Fire Tax proceeds for annexation in areas between the old Urban Growth Boundary and the new Urban Growth Boundary. This could include direct financial payments and/or fire service coverage agreements for defined time periods. The six-person Fire Tax Committee shall give a majority recommendations to the County Commission and City Council before August 1, 2025. The Fire Tax Committee shall consist of the County Fire Chief, County Mayor, County Commission member, City Mayor, City Vice Mayor, and City Fire Chief. Between the time of this Agreement signing, and the majority recommendation from the Fire Tax Committee, any property annexed between the old Urban Growth Boundary and new Urban Growth Boundary which is annexed into the City, the City shall pay the current Fire Tax amount for the annexed property to the County that would be lost for a period of one year from the annexation date. p. 264 REGULAR SESSION APRIL 14, 2025 PAGE -264- MINUTE BOOK 32 Section 7. Signature and Commencement This Annexation Interlocal Agreement shall take effect on the date of the date set forth below. This Agreement shall only take effect if Bradley County, City of Cleveland, and the City of Charleston approve the new Urban Growth Boundary map. Signed this ______ day of April 2025. BRADLEY COUNTY CITY OF CLEVELAND _____________________________ ________________________________ D. Gary Davis, Mayor Kevin Brooks, Mayor CITY OF CHARLESTON _____________________________ David Lattimore, Mayor The following Zoning Ordinance was then presented in full:  Zoning Ordinance 2025-14 – Concerning a request by Marti Hood for consideration of an ordinance to zone about 2.4 acres, more or less, for property located at Durkee Rd. from IL Light Industrial and RA Residential Agricultural Zoning District to R-3 High Density Single and Multi-Family Zoning District and includes Tax Map 058 Parcel 032.01 (Planning Commission: Denied 6-0; 3 absent). ZONING ORDINANCE 2025-14 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from IL Light Industrial/RA Residential Agricultural Zoning District to R-3 High Density Single and Multi- Family Zoning District Approximately 2.4 acres, more or less, located on Durkee Road as shown on the attached map. For reference, the same property is being shown on Tax Map 058 Parcel 032.01 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 265 REGULAR SESSION APRIL 14, 2025 PAGE -265- MINUTE BOOK 32 Exhibit A Councilman May moved that Zoning Ordinance 2025-14 be approved on first reading to rezone to R-3. The motion was seconded by Councilman Cassada. Councilman Estes stated for context on why he voted against it at Planning Commission. Noise was one thing, but there were a lot of other things. Yes, R3 is across the street but it is closer to Calfee’s. He drove by, then looked at Google maps and it makes no sense to put duplexes/rentals surrounded by heavy industrial. This is a small piece of property, surrounded on three sides and visually it doesn’t make sense. The Planning Commission was not adamantly against it, just not the highest and best use. Councilman Cassada stated we have to take into consideration the property owner and what they think they can do to get additional revenue. Councilman Goff stated it is a gray area and can see both sides of the argument. He doesn’t feel it is the best and highest use but he is not the developer of this site. The development on the northside does not have additional buffers. He struggles but there are already homes on the site. Councilwoman McKenzie stated the property owner needs to do something with his property, she doesn’t like to mix zonings, so this is a quandary for her. Upon roll call, Councilman May, Councilman Cassada, Councilman Goff, Vice Mayor Webb, Councilman Moore and Councilwoman McKenzie voted aye. Councilman Estes voted no. The motion carries 6:1. The following Ordinance was then presented in full:  Ordinance 2025-15 – Concerning a request Epperson Allison Homes, LLC for consideration of an ordinance to amend PUD 54 located on Freewill Rd. to include a change in the primary access point and one additional lot and includes Tax Map 041 Parcels 047.01 and 047.02 (Planning Commission: Approved 5-0; 3 absent, 1 recused). ZONING ORDINANCE 2025-15 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO ESTABLISH A PLANNED UNIT DEVELOPMENT (PUD) TO BE KNOWN AS FREEWILL ROAD "54" ON PROPERTY DESCRIBED AS TAX PARCEL 041 047.01 and 047.02, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 54; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING LISTS OF PERMITTED USES AND PROHIBITED USES; ESTABLISHING DEVELOPMENT STANDARDS AND PROCESSES AND RELATED REQUIREMENTS; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; PROVIDING FOR ERRORS AND OMISSIONS AND POSSIBLE FUTURE REVISIONS TO THE PUD; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE p. 266 REGULAR SESSION APRIL 14, 2025 PAGE -266- MINUTE BOOK 32 WHEREAS the City of Cleveland, Tennessee, hereinafter "City", desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter "PUD", process as an alternative development standard whereby to accomplish such development; and whereas it is intended that the developers of the property or any subsequent owners, shall hereinafter be referred to as "Developers" and; and whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED: Section 1. ZONING PLAN AND MAP AMENDMENT. The zoning plan and map are hereby amended so as to zone the property described in Section 3 herein as "PUD 54" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 54 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 54 district are those outlined in this ordinance, including requirements for plan approval, and compliance with applicable permitting requirements. Section 2. VIOLATIONS UNLAWFUL AND SUBJECT TO PENALTIES. Any development or use of the property described herein in a manner contrary to the terms of this ordinance is a zoning violation and is unlawful, subject to the penalties prescribed by the Cleveland Municipal Code and the laws of Tennessee. Section 3. PROPERTY DESCRIPTION. PUD 54, Freewill Road (name may be revised during the platting process with approval of the Cleveland Municipal Planning, includes property generally identified as a portion of Tax Map 041 Parcels 047.01 and 047.02. Exhibit A illustrates the overall Westland Drive Conceptual Plan for the subject property. Section 4. GENERAL PROJECT DESCRIPTION AND DEVELOPMENT DENSITY. This section is intended to provide a general description of Westland Drive. The project consists of townhomes, detached single family homes, and a clubhouse with a central amenity area. Exhibits A shows the general location of proposed infrastructure and common areas. In terms of total allowable density, the project shall not exceed 100 total units. The common open space designed within the development may include any permanent retention or detention pond areas or landscaped common area. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 54 Subdivision allows for the construction of up to 105 residential units without amending this ordinance. Permitted uses are Single family detached dwellings. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 54 that would further restrict the allowable uses within a particular part of the development or from excluding a particular use from the development altogether through the operation of private restrictions or covenants. The location of particular residential uses within the Freewill Road development will comport with the descriptions of the constituent parts of the development which are conceptually described within Exhibit A unless modified by agreement of the Cleveland Municipal Planning Commission. Home occupations permitted in Cleveland's zoning ordinance are allowed unless prohibited by the Developer. There are no conditional uses within the PUD 54 district. Uses other than those described as permitted or allowed herein are prohibited. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibit A) for PUD 54, Freewill Road was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on August 20, 2024. The conceptual plan consists of a site plan for the overall development. However, additional drawings, p. 267 REGULAR SESSION APRIL 14, 2025 PAGE -267- MINUTE BOOK 32 documents, and permits routinely required for a subdivision are expected for review and approval prior to construction. All development within PUD 54 must be consistent with this Conceptual Plan with regard to development standards and general layout unless subsequently modified by agreement of the Cleveland Municipal Planning Commission. Additional plans, plats, and other development- related documents and permits will be necessary to carry out the construction of this project. It is recognized that the plats and site plans for the Freewill Road may ultimately reflect some alteration in the conceptual plan such as the exact location of each specific feature within the development. Other variations may include the width or alignment of streets, or the precise placement of buildings, but these will be generally consistent with the conceptual plan, mutually consistent with one another, and not violate any features of this ordinance as these relate to adjoining properties and infrastructure (e.g. external intersection locations and traffic improvements, buffers with external properties, etc.). 6.B. PLATS. One or more plats will be prepared for the PUD 54 property by the Developer for approval in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will describe and dedicate public streets any other public properties; identify lots; and identify easements that are necessary for various purposes within the development such as utilities, access, maintenance, and conservation, etc. These plats shall be consistent in general layout with the conceptual site plan. 6.C. PRIVATE DEVELOPMENT DOCUMENTS. The Developer shall prepare and implement such master covenants, restrictions, condominium association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 54 as envisioned herein. It is a requirement of this ordinance that such documents are in place and enforced by the Developer (or Developer's heirs, successors, or assigns) to the extent necessary for PUD 54 to function as described herein. This requirement must be fulfilled when 75% of the buildable lots are built. The City of Cleveland assumes no responsibility to review these documents, or to determine their adequacy to these purposes, or to enforce any of their provisions, or to otherwise be a party to them. Section 7. DEVELOPMENT STANDARDS The development standards for PUD 54 shall be those established in this ordinance or incorporated herein. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R1 zone from the City of Cleveland's zoning regulations. Requirements of the City's adopted building codes, fire codes, stormwater regulations and other ordinances affecting the development, use, and maintenance of property shall apply. 7.A. Building Lot Size & Setbacks Single Family Detached Lots: Setbacks: Front: 25' Side: 5' Rear: 15' Min Lot Width: 75' Storage sheds and similar accessory structures, if allowed by the Development restrictions, shall be limited to yard areas behind the primary structure and are not to encroach within five feet of any property line. Covered porches, sunrooms, and other covered additions to the primary structure, if allowed by the development restrictions, are to maintain the required setbacks for the primary p. 268 REGULAR SESSION APRIL 14, 2025 PAGE -268- MINUTE BOOK 32 structure. Open patios and decks may extend to within 1O feet of a rear property line. The guidelines for approval of a minor encroachment as established within the Cleveland Zoning Ordinance may be utilized to establish variations in setbacks subsequent to any Planning Commission approvals. Section 7.8 Sidewalks, Common Area, & Amenities 1. Sidewalks shall comply with the sidewalk ordinance. Additional Right-of-way may be required to ensure that the road meets the required 70' width (35' from center line). A right turn deceleration lane must be installed in the initial phase of the construction and be built within the Right-of-way. 2. The community open space shall be an accessible and usable, yet natural area. 3. A centralized cluster mailbox unit shall be provided, if required by the United States Postal service, and shall include a minimum of four off-street parking spaces. 4. A bus stop shelter shall be placed in cooperation with Cleveland City Schools, this may be combined with the mail kiosk. 7.C Miscellaneous Standards 1. The exterior primary (front) facades of all structures shall comprise brick, stone, wood, composite, or fiber cement board materials (no vinyl siding on primary/front elevation except for accents such as soffits & fascia). All other elevations may include Vinyl Siding. All foundations shall be brick or stone for their entirety. 2. Residential buildings must incorporate a variety of building elements and treatments for single family detached housing. Structures must include articulation, changes in materials or texture, windows, or other architectural features. 4. A two-inch caliper hardwood shade tree which is determined acceptable to the City's Urban Forester shall be installed at the property lines between freestanding buildings. 5. All utilities shall be placed outside of the street except for required crossings, any crossing shall be approved by the City. Section 8. COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS. The Developer, and its assigns or successors in title, is responsible for obtaining all federal, state, and local permits required for the construction of the proposed PUD 54 Freewill Road. The Developer and its assigns or successors in title shall carry out the construction on the project site in compliance with all applicable ordinances of the City of Cleveland, Tennessee, and also in compliance with applicable federal and state laws. Buildings shall be designed and constructed in accordance with adopted building codes and shall not be occupied until final inspections are complete and certificates of occupancy have been issued (permission for limited use of building after substantial completion by the City's Building Official). Failure to develop, use, or maintain the subject property other than in conformity with all of the requirements of this ordinance is unlawful and shall be deemed a violation of the City's zoning ordinance and a nuisance subject to the penalties described in the zoning ordinance and any increased fine as may be allowed by state law. Section 9. ERRORS, OMISSIONS, AND POSSIBLE FUTURE REVISIONS TO THE PUD. This ordinance may be amended from time to time as necessary after review by the Planning Commission and approval by the City Council subsequent to a public hearing. Where this ordinance contemplates the future approval of a site plan or the future approval of a plat by the Cleveland Municipal Planning Commission, and where this ordinance contemplates the future refinement of p. 269 REGULAR SESSION APRIL 14, 2025 PAGE -269- MINUTE BOOK 32 plans to conform with permitting requirements or conditions of approval necessitated by staff review, and where the Developer and the City of Cleveland may enter into future agreements regarding possible public facilities, infrastructure, and/or services within PUD 54, an amendment to this ordinance is not required to implement such detailed block plan, site plan, plat, refinement to plans necessitated by permitting or review requirements, or agreement pertaining to public facilities, infrastructure, or services. If the overall development layout differs greater than 20% from the site plan shown in exhibit A then a revised conceptual plan must be reviewed by the Cleveland Municipal Planning Commission. Section 10. BINDING UPON OTHERS. This ordinance is a law and not a contract, and as such it is generally binding upon all development and use of property in the PUD 54 zoning district and is binding upon City's regulation of these activities in this location. Moreover, it shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term "Developer" is intended to encompass the current owner or any heirs, assigns, or successors in title, or any owners of record of the subject property as of the effective date of this ordinance and their heirs, assigns, or successors in title. The term "Developer" is also intended to include any holding company or other entity established for the ongoing operation and maintenance of the development of the subject property including, but not limited to, common areas, joint use or joint access areas, and undeveloped portions of the property that are intended for development. Section 11. CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Where this ordinance is in conflict with existing ordinances with respect to the development of this property the terms of this ordinance shall prevail unless stated otherwise herein. In the event that any portion of this ordinance is determined to be invalid by any court of competent jurisdiction, the remaining portions of this ordinance shall remain in full force and effect. This ordinance shall take effect upon passage and upon the execution of the development order as described above, the public convenience and necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Ordinance 2015-15 be approved on first reading. The motion was seconded by Vice Mayor Webb; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full:  Zoning Ordinance 2025-16 – Concerning a request by Andre Richardson for consideration of an ordinance to zone .04 acres more or less of property located on Central Ave. from CH Highway Commercial to CBD Central Business District and includes Tax Map 057D Group H Parcel 002.00 (Planning Commission: Approved 6-0; 3 absent). p. 270 REGULAR SESSION APRIL 14, 2025 PAGE -270- MINUTE BOOK 32 ZONING ORDINANCE 2025-16 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from CH Highway Commercial Zoning District to CBD Central Business District Approximately .04 acres, more or less, located on Central Avenue as shown on the attached map. For reference, the same property is being shown on Tax Map 057D Group H Parcel 002.00 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman Estes moved that Zoning Ordinance 2015-16 be approved on first reading. The motion was seconded by Councilman Goff; and upon roll call, unanimously passed. Councilman Moore moved to approve a contract with Allen & Hoshall to provide design and planning services for a new Empowerment Center/Transitional Housing. The motion was seconded by Councilman Estes. Councilman Moore asked about the fee percentage language. Ms. Andrews stated it is a fixed rate of 7% and we will have the typo corrected in the contract before signing. Councilman Moore stated this is a step in the right direction. Councilman Cassada confirmed ARP funds will be used. Ms. Andrews stated yes, $350,000. Mayor Brooks added thanks to Congressman Fleischmann and the Caring Place for $1million towards the project. Upon roll call, the motion unanimously passed. p. 271 REGULAR SESSION APRIL 14, 2025 PAGE -271- MINUTE BOOK 32 ANNOUNCEMENTS Mayor Brooks announced the following: a. City Offices will be closed on Friday, April 18 in observance of Good Friday. b. The next City Council meeting will be held on Monday, April 28, 2025. Mayor Brooks then thanked Corinne Freeman from the Caring Place for being here today and Zack Brooks from Senator Haggerty’s office for their additional support. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:51 p.m. _________________________________ _________________________________ Mayor City Clerk

Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, April 14, 2025 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Carol Burhenn – Safe Haven Baby Boxes b. Presentation by Bradley Medical Center 2. CITY MANAGER REPORT a. Discussion on designs and construction of Tinsley Park b. Discussion and update on Empowerment Center (Transitional Housing) Project c. Hot Slaw Festival d. Great Strides Race 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Goff c. Vice Mayor Webb d. Councilman Moore 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, April 14, 2025 3:00 PM Municipal Building 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION a. Pastor Kris Horvath from Redemptions to the Nations Church 4. WAIVE READING OF MINUTES a. Regular Session – March 24, 2025 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Proclamation – Bradley Bearettes Basketball State Champtionship b. Proclamation – Arbor Day 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning a request by Marti Hood for consideration of an ordinance to zone about 2.4 acres, more or less, for property located at Durkee Rd. from IL Light Industrial and RA Residential Agricultural Zoning District to R-3 High Density Single and Multi-Family Zoning District and includes Tax Map 058 Parcel 032.01 (Planning Commission: Denied 6-0; 3 absent) (p. 2-4). b. Public Hearing – To hear public comments concerning a request Epperson Allison Homes, LLC for consideration of an ordinance to amend PUD 54 located on Freewill Rd. to include a change in the primary access point and one additional lot and includes Tax Map 041 Parcels 047.01 and 047.02 (Planning Commission: Approved 5-0; 3 absent, 1 recused) (p. 5-6). c. Public Hearing – To hear public comments concerning a request by Andre Richardson for consideration of an ordinance to zone .04 acres more or less of property located on Central Ave. from CH Highway Commercial to CBD Central Business District and includes Tax Map 057D Group H Parcel 002.00 (Planning Commission: Approved 6-0; 3 absent) (p. 7-9). 7. CONSENT AGENDA a. Resolution 2025-27 – Authorizing the Mayor to sign contract amendment 1 with Metal America related to the payment of a prefabricated steel building (p. 10-12). b. Resolution 2025-28 – Authorizing the City to purchase equipment for the Facilities Maintenance Division a Kubota Utility Vehicle through the Master Intergovernmental Cooperative Purchasing Agreement # 112624-KAB (p. 13-15). c. Resolution 2025-29 – Accepting Spring Creek Drive, a portion of Business Park Drive, Parkside Place and Ridge Park Drive in the Spring Creek Town Center and Spring Creek Commons development as city streets (p. 16-20). d. Resolution 2025-30 – Accepting Brookmore Trail, Kinders Way and Epperson Trail in the Brookmore Subdivision as city streets (p. 21-27). e. Resolution 2025-31 – Authorizing the Mayor to sign a contract extension with ESRI for the City’s GIS Software Licenses (p. 28-36). f. Motion – To approve the current paving contract with APAC-Atlantic dba Talley Construction for an additional one-year term (p. 37). g. Motion – Approving a land lease agreement with City Fields for property at 750 6th St NE for the purpose of operating a community garden and related community-building activities (p. 38-45). h. Change Orders – Jim Sharp Park (p. 46-52). i. Change Order – City Hall and City Council Project (p. 53-56). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Goff c. Vice Mayor Webb d. Councilman Moore e. Councilwoman McKenzie f. Councilman Estes g. Councilman Cassada 10. NEW BUSINESS AND ORDINANCES a. Motion - Council consideration of Annexation Interlocal Agreement (p. 57-62). b. Zoning Ordinance 2025-14 – Concerning a request by Marti Hood for consideration of an ordinance to zone about 2.4 acres, more or less, for property located at Durkee Rd. from IL Light Industrial and RA Residential Agricultural Zoning District to R-3 High Density Single and Multi-Family Zoning District and includes Tax Map 058 Parcel 032.01 (Planning Commission: Denied 6-0; 3 absent) (p. 63-79). c. Ordinance 2025-15 – Concerning a request Epperson Allison Homes, LLC for consideration of an ordinance to amend PUD 54 located on Freewill Rd. to include a change in the primary access point and one additional lot and includes Tax Map 041 Parcels 047.01 and 047.02 (Planning Commission: Approved 5-0; 3 absent, 1 recused) (p. 80-86). d. Zoning Ordinance 2025-16 – Concerning a request by Andre Richardson for consideration of an ordinance to zone .04 acres more or less of property located on Central Ave. from CH Highway Commercial to CBD Central Business District and includes Tax Map 057D Group H Parcel 002.00 (Planning Commission: Approved 6-0; 3 absent) (p. 87-90). e. Discussion of Empowerment Center (Transitional Housing) 11. ANNOUNCEMENTS a. City Offices will be closed on Friday, April 18 in observance of Good Friday. b. The next City Council meeting will be held on Monday, April 28, 2025 12. ADJOURNMENT

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