Cleveland City Council

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, July 11, 2022 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Flag Sentry Ella Kidd 2. CITY MANAGER REPORT a. Project Update b. HHM Project c. Street Cut Policy d. Sidewalk Plan 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman Webb b. Vice Mayor Johnson c. Councilwoman McKenzie d. Councilman Estes e. Councilman Cassada f. Councilman May g. Councilman Hughes 5. ANNOUNCEMENTS 6. ADJOURNMENT  City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, July 11, 2022 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 – June 27, 2022 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning a request by the property owner to rezone 4.42 acres, more or less, from CG to IL for property located on Michigan Avenue Road (also described as Tax Map 043 Parcel 036.01) (Planning Commission: Approved 7-0; 2 members absent) (p. 2-4). b. Public Hearing - To hear public comments concerning approval of Plan of Service for about 31.73 acres, more or less, from the unincorporated County for property located on Old Powerline Lane (also described as Tax Map 058 Parcels 024.05 and 025.02) (Planning Commission: Approved 7-0; 2 members absent) (p. 5-7). c. Public Hearing – To hear public comments concerning a request by the property owner to annex about 31.73 acres, more or less, from the unincorporated County for property located on Old Powerline Lane (also described as Tax Map 058 Parcels 024.05 and 025.02) (Planning Commission: Approved 7-0; 2 members absent) (p. 5-7). d. Public Hearing – To hear public comments concerning a request by the property owner to rezone 54.67 acres, more or less, from R1 and the unincorporated County to PUD41 for property located on Minnis Road and Old Powerline Lane (also described as Tax Map 058 Parcels 24.00, 024.05, and 025.02) (Planning Commission: Approved 7-0; 2 members absent) (p. 5-7). e. Public Hearing – To hear public comments concerning approval of Plan of Service for about 2.08 acres, more or less, from the unincorporated County for property located on Frontage Rd. (also described as Tax Map 033 Parcels 008.01) (Planning Commission: Approved 7-0; 2 members absent) (p. 8-10). f. Public Hearing - To hear public comments concerning a request by the property owner to annex about 2.08 acres, more or less, from the unincorporated County for property located on Frontage Rd. (also described as Tax Map 033 Parcels 008.01) (Planning Commission: Approved 7-0; 2 members absent) (p. 8-10).  g. Public Hearing - To hear public comments concerning a request by the property owner to rezone 2.08 acres, more or less, from the unincorporated County to CG General Commercial for property located on Frontage Rd. (also described as Tax Map 033 Parcels 008.01) (Planning Commission: Approved 7-0; 2 members absent) (p. 8-10). h. Public Hearing – To hear public comments to amend an ordinance of the City of Cleveland, Tennessee, providing that the Cleveland Municipal Code, Title 14, Chapter 2 Zoning Regulations, by revising sections 5.6, subsections 5.6.1, 5.6.2, and 5.6.3 as to amend the regulations of regulating Billboard Placement and distance requirements (Planning Commission: Approved 9-0) (p. 11-12). i. Public Hearing – To hear public comments concerning a request by the City of Cleveland to amend The Cleveland Municipal Code, Title 14, Chapter 2 Zoning Regulations, by revising sections 1.6 Definitions and 2.11.1 Conditional Uses so as to define nightclubs and designate them as conditional uses within the CH Commercial Highway Zoning District (Planning Commission: Approved 9-0) (p. 13-14). j. Public Hearing – To hear public comments concerning a request by the City of Cleveland to amend an ordinance of the City of Cleveland, Tennessee, providing that the Cleveland Municipal Code, Title 14, Section 2 Zoning Regulations, by revising sections 2.10.1 “A” allowed uses and 2.11.1 “A” allowed uses so as to remove residential uses from CG General Commercial and CH Highway Commercial Districts (Planning Commission: Approved 6-1; 2 members absent) (p. 15-16). k. Public Hearing – To hear public comments concerning a request by the City of Cleveland to amend an ordinance of the City of Cleveland, Tennessee, providing that the Cleveland Municipal Code, Title 14, Section 1 Zoning Regulations, by revising section 1.6 definitions so as to define and regulate retaining walls and swimming pool locations (Planning Commission: Approved 7-0; 2 members absent) (p. 17-18). l. Public Hearing – To hear public comments concerning a request by the City of Cleveland to amend an ordinance of the City of Cleveland, Tennessee, providing that the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3 Zoning Regulations, by revising section 3.1.A Table 2 so as to amend the RA Residential Agriculture minimum lot area and required road frontage (Planning Commission: Approved 7-0; 2 members absent) (p. 19-20). 7. CONSENT AGENDA a. Resolution 2022-57 – Authorizing the Mayor to sign a Software and Service Agreement with DataDriven to continue to receive computer software licensing and support for the Cleveland Police Department (p. 21-54). b. Resolution 2022-58 – Authorizing the Mayor to sign an agreement with Lee University for traffic calming on Parker Street NE between 11th Street NE and Central Avenue (p. 55-59). c. Resolution 2022-63 – Authorizing the Cleveland Housing Authority to negotiate and accept a payment-in-lieu-of-taxes (PILOT) with respect to the low-income housing development known as Cleveland Forward in the City (p. 60-63).  d. Resolution 2022-64 – Authorizing participation in the Public Entities Partners Safety Partners matching grant program (p. 64-65). e. Reappointment - Library Board – Amy Moore for an additional 3-year term to expire June 2025 (p. 66). f. Appointment - Library Board – Rebecca McIntire for a 3-year term to expire June 2025 g. Appointment - Library Board – Cheryl Dunson for a 3-year term to expire June 2025. h. Reappointment - Health Education Board and Industrial Bond Board – Lee Stewart for an additional 6-year term to expire July, 2028. i. Reappointment – Health Education Board and Industrial Bond Board – Rufus Triplett for an additional 6-year term to expire July, 2028. j. Reappointment – Health Education Board and Industrial Bond Board – Scott Taylor for an additional 6-year term to expire July, 2028. k. Reappointment – Utility Board – Joe Cate for an additional 4-year term to expire July 2026. l. Surplus Property – Declaring several filing cabinets as surplus and to be donated or disposed (p. 67). m. Motion – Adjusting the Crime Scene Technician position level on the pay plan schedule (p. 68). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman Webb b. Vice Mayor Johnson c. Councilwoman McKenzie d. Councilman Estes e. Councilman Cassada f. Councilman May g. Councilman Hughes 10. NEW BUSINESS AND ORDINANCES a. Zoning Ordinance 2022-25 – Rezoning 4.42 acres, more or less, from CG to IL for property located on Michigan Avenue Road (also described as Tax Map 043 Parcel 036.01) (Planning Commission: Approved 7-0; 2 members absent) (p. 69-72). b. Resolution 2022-59 – Approving a Plan of Service for about 31.73 acres, more or less, from the unincorporated County for property located on Old Powerline Lane (also described as Tax Map 058 Parcels 024.05 and 025.02) (Planning Commission: Approved 7-0; 2 members absent) (p. 73-85). c. Resolution 2022-60 – Annexing about 31.73 acres, more or less, from the unincorporated County for property located on Old Powerline Lane (also described as Tax Map 058 Parcels 024.05 and 025.02) (Planning Commission: Approved 7-0; 2 members absent) (p. 86-99). d. Zoning Ordinance 2022-26 – Zoning 54.67 acres, more or less, from R1 and the unincorporated County to PUD41 for property located on Minnis Road and Old Powerline Lane (also described as Tax Map 058 Parcels 24.00, 024.05, and 025.02) (Planning Commission: Approved 7-0; 2 members absent) (p. 100-108). e. Resolution 2022-61 – Approving a Plan of Service for about 2.08 acres, more or less, from the unincorporated County for property located on Frontage Rd (also described as Tax Map 033 Parcels 008.01) (Planning Commission: Approved 7- 0; 2 members absent) (p. 109-119). f. Resolution 2022-62 – Annexing about 2.08 acres, more or less, from the unincorporated County for property located on Frontage Rd (also described as Tax Map 033 Parcels 008.01) (Planning Commission: Approved 7-0; 2 members absent) (p. 120-130). g. Zoning Ordinance 2022-27 – Zoning 2.08 acres, more or less, from the unincorporated County to CG General Commercial for property located on Frontage Rd. (also described as Tax Map 033 Parcels 008.01) (Planning Commission: Approved 7-0; 2 members absent) (p. 131-134). h. Ordinance 2022-28 – Amending the Cleveland Municipal Code, Title 14, Chapter 2 Zoning Regulations, by revising sections 5.6, subsections 5.6.1, 5.6.2, and 5.6.3 as to amend the regulations of regulating Billboard Placement and distance requirements (Planning Commission: Approved 9-0) (p. 135-138). i. Ordinance 2022-29 – Amending the Cleveland Municipal Code, Title 14, Chapter 2 Zoning Regulations, by revising sections 1.6 Definitions and 2.11.1 Conditional Uses so as to define nightclubs and designate them as conditional uses within the CH Commercial Highway Zoning District (Planning Commission: Approved 9-0) (p. 139-141). j. Ordinance 2022-30 – Amending the Cleveland Municipal Code, Title 14, Section 2 Zoning Regulations, by revising sections 2.10.1 “A” allowed uses and 2.11.1 “A” allowed uses so as to remove residential uses from CG General Commercial and CH Highway Commercial Districts (Planning Commission: Approved 6-1; 2 members absent) (p. 142-144). k. Ordinance 2022-31 -– Amending the Cleveland Municipal Code, Title 14, Section 1 Zoning Regulations, by revising section 1.6 definitions so as to define and regulate retaining walls and swimming pool locations (Planning Commission: Approved 7-0; 2 members absent) (p. 145-147). l. Ordinance 2022-32 – Amending the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3 Zoning Regulations, by revising section 3.1.A Table 2 so as to amend the RA Residential Agriculture minimum lot area and required road frontage (Planning Commission: Approved 7-0; 2 members absent) (p. 148-150). 11. ANNOUNCEMENTS a. The July 25, 2022 City Council meeting has been cancelled. b. The next City Council meeting will be held on Monday, August 8, 2022. 12. ADJOURNMENT