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Cleveland City Council

Regular Meeting

Cleveland, TN · April 28, 2025

AgendaMinutes

Minutes

p. 272 REGULAR SESSION APRIL 28, 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 28, 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; Officer Jon Prince; Garrett Frye with Congressman Fleischmann’s Office; Cathy Andrews, CDBG Coordinator; Warbrit Lowery; Daniel Jones; John Thomason; Brandi King, Jeff Elliott, Kelly Kiser, Hal Taylor and Alicia Wheeler with Cleveland City Schools; 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 Sammy Hooker with Elkmont Baptist Church, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Webb moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on April 14, 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 John Thomason with the American Legion Bradley County Post 81 introduced Bob Nipper, who has been helping organize Veterans and Memorial Day events. Mr. Nipper stated the Memorial Day celebration will be held indoors at Waterville Baptist Church on May 26 at 11:00 a.m. and extended an invite to the Mayor, City Council and staff to attend as special guests. Dan Jones addressed the Council concerning the economic state of our County and Country. Organizations that are losing funds are the kind of thing Jesus would tell us to do. We need to love him and love each other. He is concerned about how things will impact Cleveland and hopes everyone will hold their oath to protect and serve. Leaders will be held accountable and take care of those less fortunate. He will keep everyone in his prayers and thanked them for allowing him to speak. HEARING PETITIONS AND COMMUNICATIONS There were no hearing petitions and communications. p. 273 REGULAR SESSION APRIL 28, 2025 PAGE -273- MINUTE BOOK 32 CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented to the Council during the Work Session. Vice Mayor Webb moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed 7-0. • Final Passage - Ordinance 2025-15 – heretofore passed on first reading April 14, 2025 and found in Minute Book 32, Page 265; 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). • Final Passage - Zoning Ordinance 2025-16 – heretofore passed on first reading April 14, 2025 and found in Minute Book 32, Page 269; 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). • Resolution 2025-32 – Requesting an actuarial study from TCRS concerning Hazardous Duty Supplemental Benefit for Public Safety Officers. p. 274 REGULAR SESSION APRIL 28, 2025 PAGE -274- MINUTE BOOK 32 • Surplus Property – Declaring several items as surplus and to be used as trade-in credit towards purchase of equipment for the Cleveland Police Department. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: April 28, 2025 RE: Surplus Property SUMMARY: The Cleveland Police Department has requested the City Council declare the following items as surplus property to be traded in for credit toward purchase of equipment. Remington 700 .308 caliber rifle Serial # RR98409L (5) Leupold VX3-I (8-25x50) Scopes Serial #’s 106716AE, 476118AE, 218116AE, 476144AE, 175186AF COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: No fiscal impact. RECOMMENDATION: City staff recommends approval of this item. UNFINISHED BUSINESS Councilman May moved that Zoning Ordinance 2025-14; heretofore passed on first reading April 14, 2025 and found in Minute Book 32, Page 264; 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) (Council: Approved 6:1) be approved on final reading. The motion was seconded by Councilman Estes. Upon roll call, Councilmen May, Estes, Cassada, Goff, Moore, Vice Mayor Webb and Councilwoman McKenzie voted aye. The motion carried 7:0. REPORTS OF COUNCIL MEMBERS Councilman Goff had no report at this time. Vice Mayor Webb recognized Councilman Estes and the job speaking at the Mainstreet Cleveland meeting today. He discussed the development of downtown Cleveland and how vital we tie the areas to surrounding the Mainstreet area back into the community. He did a great job putting it together. Next, months ago the Council formed a Land Bank Authority. The basic purpose of the Land Bank is to take dilapidated property and turn it into productive property on the tax rolls. They have just about finished the process on the first piece of property, 1660 Blythe Avenue. It was dilapidated and through the court process, we now have a receivers lien and the last step, it will become property owned by the Land Bank and a productive property for the city and the neighborhood. Lastly, he commended Dustin Tommey on his work for the Authority and they now have a template they can use for other properties that need the same action. Dustin Tommey stated the Land Bank has two additional properties they are working on, one on Winnetawka Ave and another on Chippewa Ave that were purchased at the tax sale. Once the titles are completed, we will then sell them to an affordable housing developer in the community. p. 275 REGULAR SESSION APRIL 28, 2025 PAGE -275- MINUTE BOOK 32 Councilman Moore also thanked Councilman Estes for speaking at Mainstreet Cleveland today. Also, thanks to Chief Gibson for the tour of the Awareness Intelligence Center. Councilwoman McKenzie thanked Chief Gibson for the Awareness Intelligence Center tour and the tremendous work they have done with the cameras. This will really benefit Cleveland and make it safer. She then announced the Keep America Beautiful Hazardous Waste Collection Day will be held on May 10. Also, on May 31 will be a tire take back day. Councilman Estes stated to be specific on the Aware Intelligence Center, staff is getting the budget together now, but the cost alerted to us seem minimal to the return that comes out of the room. It is worth the investment to finish and would like a plan to get it complete. He then asked Mr. Varnell when the rezoning of College Hill goes before the Planning Commission. Mr. Varnell stated May. Councilman Estes stated then we will see a rezoning for College Hill in June possibly. It is important for the development and safety of the neighborhood. Councilman Cassada echoed the comments on the Awareness Intelligence Center. Also, he thanked our partners Cleveland Utilities for their part in the fiber and camera access to serve the community. Councilman May had no report at this time. Mayor Brooks stated it’s the growing season and staff has done a great job monitoring. It is a busy time for Code Enforcement, and he is grateful for their diligence in keeping Cleveland beautiful. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION 2025-33 A RESOLUTION OF THE CITY COUNCIL OF CLEVELAND, TENNESSEE, REQUESTING CONGRESSIONAL APPROPRIATION TO RELOCATE THE CLEVELAND URBAN AREA TRANSIT SYSTEM DEPOT WHEREAS, the Cleveland Urban Area Transit System (CUATS), operated by the Southeast Tennessee Human Resource Agency (SETHRA), currently functions from the historic Cleveland Southern Railway Depot, which, while significant to the city’s heritage, no longer meets the operational and logistical needs of a modern transit system; and WHEREAS, relocating the transit depot to a more centralized location will provide numerous benefits, including: additional and much-needed parking for transit vehicles, enhanced security for transit assets and personnel, increased operational efficiency through reduced travel times, the ability to offer additional routes to better serve customers, modern office space for transit administration, and the opportunity for the historic depot to be redeveloped for commercial purposes, contributing to the economic vitality of downtown Cleveland; and WHEREAS, the City of Cleveland recognizes the importance of public transit in supporting mobility, economic growth, and quality of life for residents and visitors; and WHEREAS, the U.S. Department of Transportation, through Congressional appropriations and programs, provides funding for capital projects to improve public transit infrastructure; and WHEREAS, Congress has demonstrated ongoing support for public transit infrastructure, as evidenced by recent appropriations totaling $20.9 billion for public transit in FY 2025, including competitive grant and appropriation opportunities for transit capital projects; p. 276 REGULAR SESSION APRIL 28, 2025 PAGE -276- MINUTE BOOK 32 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. The City Council formally expresses its strong support and request for a Congressional Appropriation Transit Infrastructure Project of $1.5 million to assist in relocating the Cleveland Urban Area Transit System Depot to a more centralized community location. 2. The City Council recognizes that this project will improve operational efficiencies and service delivery for the Cleveland Urban Area Transit System; enhance safety and security for transit operations; enable the expansion of transit services to better meet community needs; facilitate the redevelopment of the historic depot for commercial and economic benefit to downtown Cleveland. 3. The City Council authorizes the Mayor, City Manager, or their designee to take all necessary actions to support and advocate for this appropriation, including submitting required documentation and working with federal, state, and regional partners. 4. The City Council commits to providing any required local matching funds and to complying with all applicable federal and state requirements associated with the receipt and use of such funds. This 28th day of April 2025. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution 2025-33 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, May 12, 2025 b. The Memorial Day celebration will be at Waterville Baptist Church on May 26 at 11:00 a.m. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:32 p.m. _________________________________ _________________________________ Mayor City Clerk

Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, April 28, 2025 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Art is Here b. Cleveland City Schools c. Proclamation TVFCU Small Business Week 2. CITY MANAGER REPORT a. Grand Opening of Johnston Park – May 12, 2025 @ 11:30 a.m. b. Project Update 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman Goff b. Vice Mayor Webb c. Councilman Moore d. Councilwoman McKenzie e. Councilman Estes f. Councilman Cassada g. Councilman May 5. ANNOUNCEMENTS a. The Aware Intelligence Center Tour today at 2:30 p.m. 6. ADJOURNMENT City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, April 28, 2025 3:00 PM Municipal Building 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION 4. WAIVE READING OF MINUTES a. Regular Session – April 14, 2025 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 6. HEARING PETITIONS AND COMMUNICATIONS 7. CONSENT AGENDA a. Final Passage - 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. 2-8). b. Final Passage - 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. 9-12). c. Resolution 2025-32 – Requesting an actuarial study from TCRS concerning Hazardous Duty Supplemental Benefit for Public Safety Officers (p. 13-16). d. Surplus Property – Declaring several items as surplus and to be used as trade-in credit towards purchase of equipment for the Cleveland Police Department (p. 17). 8. UNFINISHED BUSINESS a. Final Passage - 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) (Council: Approved 6:1) (p. 18-34). 9. REPORTS OF COUNCIL MEMBERS a. Councilman Goff b. Vice Mayor Webb c. Councilman Moore d. Councilwoman McKenzie e. Councilman Estes f. Councilman Cassada g. Councilman May 10. NEW BUSINESS AND ORDINANCES 11. ANNOUNCEMENTS a. The next City Council meeting will be held on Monday, May 12, 2025 12. ADJOURNMENT

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