Cleveland City Council

p. 726 REGULAR SESSION JANUARY 13, 2020 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JANUARY 13, 2020 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson; Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Ken Webb and Dale Hughes. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager Melinda Carroll; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Jonathan Jobe, Director of Development and Engineering; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Pettit, Parks and Recreation Director; Fire Chief Ron Harrison; Sue Zius, Assistant to the Mayor/Legislative Liaison; Beverley Lindsey, Assistant to the City Manager; Brian Moran, Assistant to the City Manager; John Sheehan; Mike Griffin with the Chamber of Commerce; Scott Wright; Paul Patel; Tad Bacon with Cleveland Utilities; Hal Taylor with Cleveland City Schools; Building Official Bryan Turner; Sharon Marr with Mainstreet Cleveland; Dustin Tommey with City Fields; JF Thaggard; Scott Wright; Paul Patel; Sherry Brown; Hampton Patel; Sandip Patel; Vilas Patel; Sweta Patel; Purvi Patel; Shiv Patel; Blake Mantooth and Tim Siniard with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Alex Melnikov with Cleveland Church of Evangelical Faith, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on December 9, 2019 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 Lake Mantooth addressed the City Council concerning a new law adopted April 2018 by the United States Post Office that all new roads built in Bradley County are required to have cluster boxes as they will not deliver to a single mailbox anymore. Postmaster Steven Coleman has agreed to deliver throughout Falcon Crest but we are still unclear about any future developments. His concern is nothing was presented to the Planning Commission and we are still seeking answers from the Postal Service on how to proceed. Mayor Brooks stated many developers have contacted him regarding this new law. He then asked staff to reach out to Mr. Coleman to gain understanding of why no individual mailboxes are no longer allowed in new residential developments. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone 0.17 acres located on Gale Drive (Tax Map 42G Group D Parcel 1.00) from PI Professional Institutional Zoning District to R2 Low Density Single and Multi- Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 7-0 with 2 members absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning. No one spoke. Mayor Brooks then 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 to rezone 36.6 acres located at 405 Airport Rd NW (Tax Map 034C Group C Parcel 3.00) from RA Residential Agricultural Zoning District and R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 7:0 with 2 members absent. Mayor Brooks asked if anyone would like to speak in favor of the approval rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the p. 727 REGULAR SESSION JANUARY 13, 2020 PAGE -727- MINUTE BOOK 29 approval of the rezoning. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks announced he is reappointing Tricia Pennington, Blake Allison and Maryl Elliott to the Planning Commission for terms to expire January, 2023. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2019-47 – heretofore passed on first reading December 9, 2019 and found in Minute Book 29, Page 716; zoning of about 5.85 acres located at 265 Tasso Ln NE from the unincorporated county to R2 Low Density Single and Multi-family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent). • Final Passage - Zoning Ordinance No: 2019-48 – heretofore passed on first reading December 9, 2019 and found in Minute Book 29, Page 717; rezoning 39.5 acres located on the 1200 block of Stuart Rd and also known as 4100 Stephens Rd (Tax Map 42 Parcel 6.00) from R2 Low Density Single and Multi- Family Residential Zoning District and IL Light Industrial Zoning District to CH Commercial Highway Zoning District and CG General Commercial Zoning District (Planning Commission: Approved 8-0; 1 member absent). • Final Passage - Ordinance No: 2019-49 – heretofore passed on first reading December 9, 2019 and found in Minute Book 29, Page 719; amending Title 7, Chapter 2 of the Municipal Code to adopt the International Fire Code, 2018 Edition and Chapter 15 and 17 of the NFPA Life Safety Code 101, 2018 Edition. • Final Passage – Ordinance No: 2019-50 – heretofore passed on first reading December 9, 2019 and found in Minute Book 29, Page 720; amending Title 9, Chapter7, Section 9-719 (1) of the Municipal Code related to Taxicab driver permit renewals. • Resolution No: 2020-01 – Amending the Personnel Policies relating to the Human Resource, Health Care & Retirement Committee. RESOLUTION NO: 2020-01 A RESOLUTION AMENDING THE PERSONNEL POLICIES OF THE CITY OF CLEVELAND, TENNESSEE THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted by Resolution on February 22, 2016 a revised Personnel Rules and Regulations document entitled “The City of Cleveland Personnel Rules and Regulations”; and WHEREAS, this document contains the personnel policies of the City of Cleveland; and WHEREAS, the City Manager, Department Heads, and the City’s Human Resources Committee are recommending the following amendment to the City’s Personnel Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee in Regular Session assembled this 13h day of January 2020, that the document titled “The City of Cleveland Personnel Rules and Regulations” is hereby amended as follows: Section 1. Amend the City’s Personnel Rules and Regulations as follows: Section I – Purpose and Objectives Delete paragraph that reads: The Human Resources Committee shall review the Personnel Rules and Regulations contained herein on an annual basis in January or each year (beginning January 2016). The p. 728 REGULAR SESSION JANUARY 13, 2020 PAGE -728- MINUTE BOOK 29 Human Resources Committee shall report to the City Council by February 28th and recommend any revisions to the Personnel Rules and Regulations deemed necessary. Add alternate language to Section VII – Human Resources, Health Care and Retirement Committee Section VII – Human Resources Committee (Revise Section to read): Section VII – Human Resources, Health Care & Retirement Committee There is hereby created an internal Human Resources, Health Care and Retirement Committee. The Committee shall consider proposed amendments or revisions to these Personnel Policy Rules & Regulations; annually review City health care benefits; annually review City retirement benefits, and act as the City’s Americans with Disabilities Act (ADA) Compliance Committee. It is critical that City employees have an active voice of human resources policy making. The City strives for transparency in its human resources policy decision making process and want to annually review and have discussion of all health care benefits and retirement benefits. This will bring substantial benefit for the City Manager to hear the discussion and to receive recommendations from this committee. The Human Resources, Health Care and Retirement Committee shall consist of the following members that will represent each department and every City employee: 1. Administration and Human Resources Department 2. Finance Department 3. IT & GIS Department 4. Development and Engineering 5. Fire Department 6. Police Department 7. Assistant City Manager (Fleet, Landscaping, Codes Enforcement, Facility Maintenance Divisions) 8. Jetport 9. Assistant to the Mayor/Legislative Liaison (Non-Voting) 10. Parks and Recreation Department 11. Public Works Department The Human Resources Director will be the Chairperson/Secretary of the Committee and will be a Non-Voting member. All other members and alternate members will be appointed by the Department Head of each respective Department. The Chairperson is responsible for setting annual meeting times and dates and calling any other necessary meetings. The Human Resources, Health Care and Retirement Committee shall review the Personnel Rules and Regulations, health care benefits and retirement benefits contained herein on an annual basis in February of each year. The Committee shall report to the City Manager by April 1st and recommend any revisions to the Personnel Rules and Regulations deemed necessary. Section X – Amendments/Severability Revise Subsection A to read as follows: A. Amendments p. 729 REGULAR SESSION JANUARY 13, 2020 PAGE -729- MINUTE BOOK 29 Any proposed amendments or revisions of these rules and regulations shall be reviewed by the Human Resources, Health Care and Retirement Committee prior to any action on the proposals by the City Council. The Committee shall review the Personnel Rules and Regulations contained herein on an annual basis in February of each year. The Committee shall report to the City Manager by April 1st and recommend any revisions to the Personnel Rules and Regulations deemed necessary. Such amendments or revisions of these rules shall become effective only after approval by resolution of the City Council. Section 2. That this Resolution shall become effective from and after its approval by the Cleveland City Council. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Reappointment – Parks & Recreation Board - Janie Moore for an additional 3-year term to expire December, 2022. • Appointment - Board of Zoning Appeals – Matthew Coleman for a 3-year term to expire November, 2022. • Street Light Recommendation – Councilman Cassada located at 2206 Brentwood Drive NW (Cleveland Utilities recommends the installation of one new 45-watt LED cobra fixture on the pole located on the property line between 2206 and 2208 Brentwood Drive NW). The motion to approve the consent agenda was seconded by Councilman Cassada; and upon roll call, the motion was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie reported a hole in the asphalt on a side street connecting Grove Avenue and Keith Street. Mr. Fivas stated he and Councilman McKenzie would take a drive to look at the area and see what could be done. Councilman Cassada thanked the Parks and Recreation Department and the City Schools on the new basketball program and for working together for our community. He understands there are over 500 kids participating in the program. He attended a game at Blythe Bower and there were a lot of participants. It was a great game. Councilman Hughes thanked the Bradley County Sheriff’s Office for the facility tour. He had always heard it was a dirty place, but he was impressed with the offices, kitchen, cell holding area and the exterior. He appreciates Chief Gibson and Sheriff Lawson having a great working relationship. Mayor Brooks congratulated Hampton Patel and the award winning La Quinta Inn & Suites. The facility is the number one Wyndham Hotel in the world. He also thanked Greg Thomas for his memo concerning the recent federal action in Congress which is repealing the rescission of Fast Act funding, which was rescinded last year. We have heard that a couple of our projects had been delayed because the action to recind the funds. The repeal puts approximately $66 million back to Tennessee so projects can continue. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: p. 730 REGULAR SESSION JANUARY 13, 2020 PAGE -730- MINUTE BOOK 29 • Zoning Ordinance No: 2020-01 - Rezoning 0.17 acres located on Gale Drive (Tax Map 42G Group D Parcel 1.00) from PI Professional Institutional Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 7-0; 2 members absent). Zoning Ordinance No. 2020-01 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from PI Professional Institutional Zoning District and R2 Low Density Single and Multi-family Residential Zoning District. Approximately .17 acres, more or less, located on Gale Dr NE as shown as lot 2 on the attached survey and map. For reference, same property is being shown Tax Map 42G Group D a portion of Parcel 1.00, in the Assessor’s Office for Bradley County, Tennessee and described as Beginning at and iron pin located at the northeast corner of the lands of Nelson Properties & Management LLL, as recorded in BCROD deed book 2519 page 494; thence north 85 degrees 17 minutes west, 75 feet to a point; thence south 5 degrees 24 minutes west, 100.08 feet to a point; thence south 85 degrees 18 minutes east, 75 feet to an iron pin; thence north 5 degrees 24 minutes east, 100.08 feet to the point of beginning. 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 p. 731 REGULAR SESSION JANUARY 13, 2020 PAGE -731- MINUTE BOOK 29 Exhibit B Councilman Webb moved that Zoning Ordinance No: 2020-01 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Zoning Ordinance No: 2020-02 - Rezoning 36.6 acres located at 405 Airport Rd NW (Tax Map 034C Group C Parcel 3.00) from RA Residential Agricultural Zoning District and R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 7-0; 2 members absent). Zoning Ordinance No. 2020-02 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R2 Low Density Single and Multi-family Residential Zoning District and RA Residential Agricultural Zoning District to CH Commercial Highway Zoning District. Approximately 36.62 acres, more or less, located at 405 Airport Rd NW as shown on the attached map. For reference, same property is being shown Tax Map 34C Group C Parcel 3.00, 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 p. 732 REGULAR SESSION JANUARY 13, 2020 PAGE -732- MINUTE BOOK 29 Exhibit A Councilman May moved that Zoning Ordinance No: 2020-02 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2020-04 – Amending Title 12 of the Municipal Code to adopt the International Building Code, 2018 Edition; the International Residential Code, 2018 Edition; the National Electrical Code, 2017 Edition; the ICC A117.1-2017 Accessibility Code; the International Property Maintenance Code, 2018 Edition; the International Plumbing Code, 2018 Edition, the International Mechanical Code, 2018 Edition; The International Fuel Gas Code, 2018 Edition; the International Energy Conservation Code, 2018 Edition; the International exiting Building Code, 2018 Edition. ORDINANCE NO: 2020-04 AN ORDINANCE OF THE CITY OF CLEVELAND TO AMEND TITLE 12 OF THE CLEVELAND MUNICIPAL CODE TO ADOPT THE INTERNATIONAL BUILDING CODE, 2018 EDITION; THE INTERNATIONAL RESIDENTIAL CODE, 2018 EDITION; THE NATIONAL ELECTRICAL CODE, 2017 EDITION; THE ICC A117.1-2017 ACCESSIBILITY CODE; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION; THE INTERNATIONAL PLUMBING CODE, 2018 EDITION; THE INTERNATIONAL MECHANICAL CODE 2018 EDITION; THE INTERNATIONAL FUEL GAS CODE, 2018 EDITION; THE INTERNATIONAL ENERGY CONSERVATION CODE, 2018 EDITION; THE INTERNATIONAL EXISTING BUILDING CODE, 2018 EDITION WHEREAS it is necessary for the City of Cleveland to update its adopted standard codes to be consistent with the laws of the State of Tennessee, and WHEREAS, the City Council desires to amend various sections of Title 12, Chapters 1 through 12 of the Cleveland Municipal Code relative to these various codes; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 12, Chapter 1, Section 12-101 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: p. 733 REGULAR SESSION JANUARY 13, 2020 PAGE -733- MINUTE BOOK 29 12-101 Adopted. Pursuant to authority granted by Tennessee Code Annotated 6-54-502, the International Building Code, 2018 Edition and Appendices A, B, D, F, G, I, and J as prepared and adopted by the International Code Council, Inc., and as amended as follows: 1. Section 101.1 Insert "City of Cleveland Tennessee" in (Name of Jurisdiction) 2. Section 1612.3 Insert "City of Cleveland Tennessee" in (Name of Jurisdiction) 3. Section 1612.3 Insert “February 2, 2007 or as revised and updated by FEMA, Army Corps of Engineers, or other approved licensed surveyor, whichever is the most current and accurate information as determined by the floodplain manager" in (Date of Issuance) is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city. Pursuant to authority granted by Tennessee Code Annotated 6-54-502, the International Residential Code, 2018 Edition and Appendix E, as prepared and adopted by the International Code Council, Inc., and as amended as follows: 1. Section 101.1 Insert "City of Cleveland Tennessee" in (Name of Jurisdiction) 2. Table R301.2(1) adding the following: Ground Snow Load "10", Wind Design Speed "90 mph", Wind Design Topographic Effects "No", Special wind region “No”, Windborne debris zone “No”, Seismic Design Category "C", Weathering "Moderate", Frost Line Depth "12 inches", Termite Protection "Yes", Winter Design Temperature "18 degrees Fahrenheit", Ice Barrier Underlayment Required "No", Flood Hazards "See FIRM current panel #", Air Freezing Index "1500 or less", Mean Annual Temperature "58.8"; and, Manual J Design Criteria: Elevation “797 feet”, Latitude “35.22”, Winter heating “18 degrees Fahrenheit”, Summer cooling “92 degrees Fahrenheit”, Indoor design temperature “70 degrees Fahrenheit”, delete footnote n and revise to say “values not specified in the amendments to this code as adopted by the City of Cleveland to be determined in accordance with Tables 1a or 1b ACCA Manual J and as approved by the building official”. 3. Figure R301.2.2 Seismic Design Categories shall be deleted and replaced with Figure R301.2.2 Seismic Design Categories from the 2015 International Residential Code 4. Under R302.2 Townhouses, replace the current exception with the following language: A common 1-hour fire-resistance-rated wall assembly tested in accordance with ASTM E 119 or UL 263 is permitted for townhouses that are equipped throughout with an automatic residential fire sprinkler system, or a common 2-hour fire-resistance-rated wall assembly tested in accordance with ASTM E 119 or UL 263 is also permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for the fire exposure from both sides and shall extend to and be tight against the exterior wall and the underside of the roof sheathing. Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of the electrical outlet boxes shall be in accordance with Section R302.4. 5. Section R313 add words to R313.1 Townhouse automatic fire sprinkler systems. “An automatic residential fire sprinkler system shall be installed in townhouses with five (5) or more units connected together in accordance with Section 903.2.8 of the International Building Code, 2012 Edition.” 6. Section R313.2 One- and two- family dwellings automatic fire sprinkler systems is not mandatory. 7. Section R314.6, Power Source, relating to Smoke Alarms, is amended to create Exception 3 that shall read: Exception 3. Interconnection and hard-wiring of smoke alarms in existing areas shall not be required where the alterations or repairs do not result in the removal of interior walls or ceiling finishes exposing the structure. 8. Tables N1102.1.2 Insulation and Fenestration Requirement by Component, and N1102.1.4 Equivalent U- Factors from 2018 International Residential Code shall be replaced with tables N1102.1 Insulation and Fenestration Requirement by Component and N1102.1.2 Equivalent UFactors from the 2009 International Residential Code. 9. N1102.4.1.2 Replace “three air changes per hour in Climate Zones 3 through 8” with “five air changes per hour in Climate Zones 3 through 8” 10. Section P2603.5.1 Insert "twelve (12) inches" (Number of inches in two locations). 11. Chapters 34-43 are revised in accordance with the provisions of Chapter 0780-02-01 of the Rules of the Tennessee Department of Commerce and Insurance pertaining to electrical installations. is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city. p. 734 REGULAR SESSION JANUARY 13, 2020 PAGE -734- MINUTE BOOK 29 Pursuant to the requirement of Tennessee Code Annotated 6-54-502, one (1) copy of these codes, with the referenced appendices, have been filed with the city clerk and are available for public use and inspection. Any matters in said codes which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. Section 2: Title 12, Chapter 1, Section 12-104 of the Cleveland Municipal Code is hereby revised in accordance with the following: In 12-104. Permit Fee Schedule, “2012 International Building Code” shall be replaced with “2018 International Building Code” Section 4: Title 12, Chapter 2, Section 12-201 of the Cleveland Municipal Code is hereby amended by deleting the current section and replacing it with the following: Pursuant to authority granted by Tennessee Code Annotated 6-54-502, and for the purpose of providing a practical minimum standard for the safeguarding of persons and of buildings and their contents from hazards arising from the use of electricity for light, heat, power, radio, signaling, and for other purposes, the 2017 Edition of the National Electrical Code as modified by the provisions of this article, and Chapter 0780-02-01 of the Rules of the Tennessee Department of Commerce and Insurance pertaining to electrical installations is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city. Section 5: Title 12, Chapter 2, Section 12-202 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: 12-202 Electrical Permit Fees. Electrical permit fees are hereby established as follows: Size of Service FeeTotal Permit Fee $5.00 0 through 30 amperes $35.00 31 through 60 amperes $35.00 61 through 200 amperes $35.00 201 through 400 amperes $40.00 401 through 600 amperes $50.00 601 through 1,000 amperes $90.00 Rough-in-inspection $35.00 Dwelling Unit HVAC Inspection $35.00 Re-inspection 0 through 1,000 amperes $35.00 Temporary Pole Based on svc size Service Release Based on svc size Commercial HVAC Based on svc size 1001 and above are non-standard permits Service entrance inspection $175.00 Rough-in-inspection $35.00 Re-Inspection $35.00 Occupancy Authorization $75.00 Occupancy Authorization $350.00 Section 6: Title 12 of the Cleveland Municipal Code is hereby amended to add a new Chapter 3 to Title 12 entitled "Accessibility Code" which shall read as follows: Chapter 3. Accessibility Code p. 735 REGULAR SESSION JANUARY 13, 2020 PAGE -735- MINUTE BOOK 29 Section 12-301 Adopted. Pursuant to authority granted by Tennessee Code Annotated 6-54-501 through 6-54- 506, the ICC A117.1-2017, as prepared and adopted by the International Code Council, Inc., is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city. Pursuant to the requirement of Tennessee Code Annotated 6-54-502, one (1) copy of this code, has been filed with the city clerk and are available for public use and inspection. Any matters in said code which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. Section 7: Title 12, Chapter 6, Section 12-601 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: 12-601 Plumbing Code Adopted. Pursuant to authority granted by Tennessee Code Annotated 6-54- 501 through 6-54-506, the International Plumbing Code, 2018 Edition as prepared and adopted by the International Code Council, Inc., and as amended as follows: 1. Section 101.1 Insert "City of Cleveland Tennessee" in (Name of Jurisdiction). 2. Section 106.6.2 Insert "City of Cleveland Fee Schedule" in (Appropriate Schedule). 3. Section 106.6.3 Insert "50% of fee" in (Percentages in Two Locations). 4. Section 108.4 Insert "Code Violation, $50.00, 30 days" in (Offense, Dollar Amount, Number of Days). 5. Section 108.5 Insert "$50.00 and $500.00" in (Dollar amounts in Two Locations). 6. Section 305.4.1 Insert "Twelve (12) inches" (Number of inches in Two Locations). 7. Section 903.1 Insert "Six (6) inches" (Number of Inches). is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city. Any matters in said code which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. Section 8: Title 12, Chapter 8, Section 12-802 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: 12-802 Purpose and Scope. The purpose of the gas code is to provide minimum standards, provisions, and requirements for safe installation of consumer's gas piping and gas appliances. All gas piping and gas appliances installed, replaced, maintained, or repaired within the corporate limits of the city shall conform to the requirements of this chapter and to the International Fuel Gas Code, 2018 Edition, as prepared and adopted by the International Code Council, Inc., and as amended as follows: 1. Section 101.1 Insert "City of Cleveland Tennessee" in (Name of Jurisdiction). 2. Section 106.6.2 Insert "City of Cleveland Fee Schedule" in (Appropriate Schedule). 3. Section 106.6.3 Insert "50% of fee" in (Percentages in Two Locations). 4. Section 108.4 Insert "Code Violation, $50.00, 30 days" in (Offense, Dollar Amount, Number of Days). 5. Section 108.5 Insert "$50.00 and $500.00" in (Dollar amounts in Two Locations). Said code is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city. Any matters in said code which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. Section 9: Title 12, Chapter 9, Section 12-901 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: 12-901 Unsafe Building Abatement Code Adopted. Pursuant to authority granted by Tennessee Code Annotated 6-54-501 through 6-54-506, and for the purpose of regulating buildings and structures to insure structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of p. 736 REGULAR SESSION JANUARY 13, 2020 PAGE -736- MINUTE BOOK 29 buildings, structures or premises, within or without the city, the International Property Maintenance Code, 2018 Edition and Appendix A as prepared and adopted by the International Code Council, Inc., and as amended as follows: 1. Section 101.1 Insert "City of Cleveland Tennessee" in (Name of Jurisdiction). 2. Section 103.5 Insert "City of Cleveland Fee Schedule" in (Appropriate Schedule). 3. Section 112.4 Insert "$50.00 and $500.00" in (Dollar amount in Two Locations). 4. Section 302.4 Insert "Twelve (12) Inches " in (Height in Inches). 5. 304.14 Insert "Labor Day to Memorial Day" in (Date in Two Locations). 6. Section 602.3 Insert "Labor Day to Memorial Day" in (Date in Two Locations). 7. Section 602.4 Insert "Labor Day to Memorial Day" in (Date in Two Locations). is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and is hereinafter referred to as the unsafe building abatement code, and the provisions thereof shall be controlling within the corporate limits of the city. Any matters in said code which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. Section 10: Title 12, Chapter 10, Section 12-1001 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: 12-1001 Mechanical Code Adopted. Pursuant to authority granted by Tennessee Code Annotated 6-54-501 through 6-54-516, and for the purpose of regulating the installation and replacement of mechanical systems, including ventilating, heating, cooling, air conditioning, and refrigeration systems, incinerators, and other energy-related systems, the International Mechanical Code, 2018 Edition as prepared and adopted by the International Code Council, Inc., and as amended as follows: 1. Section 101.1 Insert "City of Cleveland Tennessee" in (Name of Jurisdiction). 2. Section 106.5.2 Insert "City of Cleveland Fee Schedule" in (Appropriate Schedule). 3. Section 106.5.3 Insert "50% of fee" in (Percentages in Two Locations). 4. Section 108.4 Insert "Code Violation, $50.00, 30 days" in (Offense, Dollar Amount, Number of Days). 5. Section 108.5 Insert "$50.00 and $500.00" in (Dollar amounts in Two Locations). is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and is hereinafter referred to as the mechanical code, and the provisions thereof shall be controlling within the corporate limits of the city. Any matters in said code which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. Section 11: Title 12, Chapter 12, Section 12-1201 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: Section 12-1201 Energy Conservation Code Adopted. Pursuant to authority granted by Tennessee Code Annotated 6-54-501 through 6-54-506, the International Energy Conservation Code, 2018 Edition, as prepared and adopted by the International Code Council, Inc., and amended as follows: 1. Tables R402.1.2 Insulation and Fenestration Requirement by Component, and R402.1.4 Equivalent U- Factors shall be replaced with Tables 402.1.1 Insulation and Fenestration Requirements by Component and 402.1.3 Equivalent U-Factors from the 2009 International Energy Conservation Code. 2. Section R402.4.1 Replace “three air changes per hour in Climate Zones 3 through 8” with “five air changes per hour in Climate Zones 3 through 8” Pursuant to the requirement of Tennessee Code Annotated 6-54-502, one (1) copy of this code, has been filed with the city clerk and are available for public use and inspection. Any matters in said code which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. p. 737 REGULAR SESSION JANUARY 13, 2020 PAGE -737- MINUTE BOOK 29 Section 12: BE IT FURTHER ORDAINED that within all of the codes adopted in this ordinance, when reference is made to the duties of certain official named therein, that designated official of the City of Cleveland, Tennessee who has the duties corresponding to those of the named official in said codes shall be deemed to be the responsible official insofar as enforcing the provisions of said codes are concerned. Section 13: BE IT FURTHER ORDAINED that the provisions of this ordinance are declared to be severable. If any section, subsection, sentence, clause or phrase of this ordinance is declared to be unenforceable by a court of competent jurisdiction, such decision shall not affect the remaining provisions of this ordinance. The City Council declares that the remainder of this ordinance shall survive such a decision, it being the intent of the City Council that the valid and enforceable provisions of this ordinance shall remain in full force and effect. Section 14: BE IT FURTHER ORDAINED that this ordinance shall become effective and be enforced from and after March 2, 2020, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Johnson moved that Ordinance No: 2020-04 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Councilman Cassada moved to reappoint Councilman Webb and Councilman Estes to the Economic Development Council. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2020-02 – Adopting a resolution authorizing a loan agreement between the Cleveland City Schools and the TN Department of Education’s Energy Efficient School’s Initiative (Replacing the chiller at CHS). RESOLUTION NO. 2020-02 WHEREFORE, the Cleveland City Council is duly elected legislative body of the city of Cleveland, Tennessee; WHEREAS, the Cleveland City Council is charged with looking after the best interest of the citizenry of Cleveland, Tennessee; WHEREAS, it is in the best interest of the citizenry to provide good schools and good places of learning for the children and students of Cleveland, Tennessee; WHEREAS, there is available to Cleveland, Tennessee, an Energy Efficient Schools Initiative loan agreement in accord with T.C.A. § 49-17-101; WHEREAS, the 375-ton centrifugal chiller that serves the East Wing of Cleveland High School and the cooling tower serving the West Wing of Cleveland High School are inoperable. The equipment is to be replaced with a properly sized 300-ton air-cooled chiller in the East Wing and a more efficient cooling tower in the West Wing; WHEREFORE, the loan would be repaid over 12 years at 1.5 % interest in the total amount of $437,329.00 to finish the project of replacing chiller and cooling tower at Cleveland High School; p. 738 REGULAR SESSION JANUARY 13, 2020 PAGE -738- MINUTE BOOK 29 NOW, THEREFORE BE IT RESOLVED, that the Cleveland City Council approves the entering into of an Energy Efficient Schools Initiative loan agreement by the Cleveland City Schools Board in the amount of $437,329.00 through the office of State and Local Finance as Loan Administrator under T.C.A. § 49-17-101 et seq. to be paid to the Energy Efficient Schools Council of the State of Tennessee at 1.5% to be paid over 12 years in equal payments. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution No: 2020-02 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Estes asked to discuss liquor licensure and the email received from Joshua Stepp, Counsel with the Alcoholic Beverage Commission who answered many of his questions concerning the expiration of certificates. Councilman Estes stated he feels with the current certificates of compliance the applicants can apply to ABC for a conditional license and have an extra 90 days. Councilman May stated if you have someone who thinks they can make the 90 days but for some reason, like weather delays the project. Councilman Estes stated they can apply for an extension with the State. The other options are to pick who gets an extension or give everyone an extension. We gave twelve months and we have seen little movement. His opinion is they can continue, go to the State for a license and if needed the State decides on a extension. If they don’t make it, they can reapply with us and we pick the best to add up to five. Councilman May stated we live in a society to let free enterprise make the determination. Councilman Webb stated the ordinance says the certificate is good for twelve months, unless an extension is granted by the City Council. He feels that was left in there for a reason because an extension might be necessary. Councilman May asked if an extension could be approved without an ordinance. Mr. Kimball stated no, if you want to change the twelve month from the date of issue that needs to be writing. It will be helpful to know what you would like the date to be. Councilman Hughes stated if this is turned down then the applicants can reapply for a new certificate. Mr. Kimball stated he doesn’t know if that is true because we don’t know who can or can not meet their current deadline. Councilman Estes stated he agrees with Councilman Hughes and if we don’t have five stores then yes, they can reapply. Mr. Kimball stated if all of them expire, you would need to decide what your process would be to issue four certificates. Councilman Estes stated we gave them twelve months. We gave them a chance. We approved building plans that weren’t even plans. We shouldn’t keep changing the rules again and again. Councilman May stated he feels we would be making the decision who could have a business or not. Councilman Cassada asked how many beer licenses are allowed. Mr. Kimball stated all licenses are unlimited except for Class 2 which is on premises consumption. Historically, we have raised the limit when requested by businesses and now the number is at 16. Councilman May stated we don’t live in a perfect world and is sure that everyone that applied had good intentions of being done in a year. Councilman Cassada asked how long do you give an extension. At some point we could be back here again with expired extensions. His personal opinion is Cleveland can only sustain three liquor stores. Councilman Estes stated if you vote for an extension, it is not fair to those who followed the rules. It’s not unfair to those who get tapped out because they can reapply and lastly, it is a terribly bad business precedence. Vice Mayor Johnson stated he wishes we could be unanimous on this decision and Councilman Estes is right on the way we are trying to flex on what we decided and how we wrote the guidelines. Because we put the provision for an extension, we should extend them for six months. In six months, if we have five stores then that’s the end of it. Councilman May stated he agrees with six month extension. Councilman Estes stated he disagrees but if the Council votes for six months to put a hard date in the Ordinance. Councilman Hughes stated six months from the original date of issuance. Councilman Estes stated it should be one date for all. Councilman May suggested December 31, 2020 as the date. Councilman Estes stated again we gave out certificates without plans. Councilman May stated they had a business concept and life is not p. 739 REGULAR SESSION JANUARY 13, 2020 PAGE -739- MINUTE BOOK 29 perfect and sure everyone had good intentions. Councilman Estes stated we have people who followed the rules and now we are going to change them. It is not a tone we should set. Councilman May stated we have always tried to help people going into business. Mayor Brooks stated six months or December 31, 2020 has been suggested. Vice Mayor Johnson stated he would like it six months from the last date of issuance. Mr. Kimball stated that would be December 13, 2020. Councilman Webb stated to keep everyone on a level playing field it should be six months from the original deadline. Mayor Brooks asked that the language about granting extensions be removed. Vice Mayor Johnson moved for Mr. Kimball to draft an ordinance for the next meeting allowing an extension for certificates of compliance for six months from their original deadline, remove the language about granting extensions, and allow a one-time extension. The motion was seconded by Councilman May. Upon roll call, Vice Mayor Johnson, Councilman May, Councilman Webb, Councilman Cassada and Councilman Hughes voted aye. Councilman McKenzie and Councilman Estes voted no. The motion carried 5:2. Mayor Brooks announced City Offices will be closed on Monday, January 20, 2020 in observance of Martin Luther King Jr. Day. There being no future business the meeting was adjourned at 3:50 p.m. _________________________________ __________________________________ Mayor City Clerk