Cleveland City Council
Regular MeetingCleveland, TN · April 14, 2025
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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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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