Cleveland City Council

p. 830 REGULAR SESSION SEPTEMBER 12, 2022 3:00 P.M. MINUTE BOOK 30 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, SEPTEMBER 12, 2022 AT 3:00 P.M. AT THE MUSEUM CENTER AT 5IVE POINTS. Present and presiding was Mayor Kevin Brooks. Also present were Councilmen Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb, and Councilwoman Marsha McKenzie. Vice Mayor Avery Johnson as absent from the meeting. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Beverley Lindsey, Assistant to the City Manager; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Tim Sinead with The Cleveland Daily Banner; and several friends and family members. Following the Pledge of Allegiance to the American Flag and prayer by the Honorable Judge Michael Sharp, the following business was then entered into: PRESENTATION OF CERTIFICATES OF ELECTION & ADMINISTRATION OF OATHS OF OFFICE Mayor Brooks stated the Honorable Judge Michael Sharp, Circuit Court Judge of Bradley County will administer the oath of office to each Council member. As each member prepares to take their oath Travis Henry from the Bradley County Election Commission will present their Certificates of Election. Travis Henry with the Bradley County Election Commission then presented Councilman Ken Webb with his Certificate of Election. Judge Sharp then administrated the Oath of Office to At-Large Councilman Ken Webb. Travis Henry with the Bradley County Election Commission then presented Councilwoman Marsha McKenzie with her Certificate of Election. Judge Sharp then administrated the Oath of Office to Councilwoman Marsha McKenzie. Travis Henry with the Bradley County Election Commission then presented Councilman Bill Estes with his Certificate of Election. Judge Sharp then administrated the Oath of Office to Councilman Bill Estes. Travis Henry with the Bradley County Election Commission then presented Mayor Kevin Brooks with his Certificate of Election. Judge Sharp then administrated the Oath of Office to Mayor Kevin Brooks. Judge Sharp then administered the Oath of Office to Municipal Judge Richard Banks. WAIVE READING OF MINUTES Councilman May 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 August 22, 2022 and approve them as written. The motion was seconded by Councilman Webb; and upon roll call, the motion unanimously passed. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION 2022-76 WHEREAS, the City has received the attached scope and fee proposal from Cannon & Cannon, Inc. which authorizes Cannon & Cannon, Inc. to perform professional engineering services for Roadway Improvements at 20th Street NE at Michigan Avenue Road; and p. 831 REGULAR SESSION SEPTEMBER 12, 2022 PAGE -831- MINUTE BOOK 30 WHEREAS, the City Council desires to enter into the attached scope and fee proposal with Cannon & Cannon, Inc., and to further authorize the Mayor to execute the same 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 proposal with Cannon & Cannon, Inc., and it further authorizes the Mayor to execute any necessary documents on behalf of the City of Cleveland [on file in the City Clerk’s Office]. This 12th day of September, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Resolution 2022-76 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE 2022-34 AN ORDINANCE TO AMEND TITLE 9 OF THE CLEVELAND MUNICIPAL CODE, BY ADDING A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 8, ENTITLED “NIGHTCLUBS” WHEREAS, City staff is of the opinion that regulations and a permitting process for nightclubs needs to be created and included in the Cleveland Municipal Code. SECTION 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, that Title 9 of the Cleveland Municipal Code, be amended to add a new Chapter to be designated as Chapter 8 and to be titled “Nightclubs” TITLE 9, CHAPTER 8 NIGHTCLUBS Section 9-801 Definitions Section 9-802 Permits required for Nightclubs Section 9-803 Revocation of Permit SECTION 9-801 DEFINITIONS. Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meaning given to them in this section: Nightclub: A commercial establishment, which may or may not be held out to the public as a Bar or social gathering place, with an occupancy capacity of 100 or more people which serves alcohol or allows alcohol on the premises and which is operated as a place of entertainment at night for eating or drinking or dancing and which provides live or recorded entertainment, characterized by any or all of the following activities as a principal use: (1) Festival Seating: A form of audience/spectator accommodation for entertainment events in which limited or no seating, other than floor or ground surface, is provided for the audience/spectators gathered to observe entertainment events, dance, or watch a perfom1ance. It is not the intent of this section to apply the term festival seating to exhibitions, sports events, conventions, and bona fide political, religious, and educational events. p. 832 REGULAR SESSION SEPTEMBER 12, 2022 PAGE -832- MINUTE BOOK 30 (2) Musical or video or live entertainment-live or recorded (DJ) that is amplified or very loud. This category does not include karaoke unless such activity continues after midnight. (3) Dance floor available for use during certain hours. (4) Later operating hours - defined as after midnight. (5) Low lighting levels or darkness during any musical, video, or live entertainment event. (6) Stage/platform for floor shows or other live or recorded performances. (7) Operates with a city or state license to serve alcohol or allows consumption of alcohol on the premises during musical, video, or live entertainment events between the hours of 11:00 p.m. until 3:00 a.m. The above factors need not be present during all hours of operations nor include the entirety of the establishment to result in the necessity for a Nightclub permit as required under Section 9-802 of this Chapter. 9-802 PERMITS REQUIRED FOR NIGHTCLUBS If a commercial establishment, which may or may not be held out to the public as a Nightclub, Bar or other social gathering place, with an occupancy capacity of more than one hundred (100) people, and which serves alcohol or allows alcohol on the premises and is operated as a place of entertainment at night for eating, drinking, dancing and provides live or recorded entertainment and engages in certain activities referenced under the nightclub definitions in Section 9-801, such commercial establishment shall require a Nightclub permit from the City Council before any certificate of occupancy can be issued by the Building Official and provided that the following conditions are met: (a) The owner shall apply for a Nightclub Permit which shall be issued by the City Council. The process for application for this permit shall be to submit a site plan to the Director of the Cleveland Department of Development and Engineering Services, which shows the general plan for utilization of any building (including the location and size of outside gathering places such as decks, balconies, covered areas and patios), distances from nearby residential zones, locations of any amplified speakers in the building, parking plans, and any proposed landscaping or noise reduction efforts which will be taken to protect nearby properties from excessive noise or traffic concerns due to this use by the applicant. Additionally, the applicant shall provide a copy of its Tennessee Alcoholic Beverage Commission Liquor by the Drink (LBD) Application and supporting paperwork. Development and Engineering Services shall review and suggestions on necessary conditions for parking, landscaping, or noise reduction resulting from the proposed or actual use of the property. The Development and Engineering Services shall provide a recommendation on the Nightclub Permit application directly to the City Council, and any Nightclub Permit shall only be issued by the City Council after a public hearing. (b) Nightclub permits issued by the City Council may be revoked by the City Council after notice and hearing as set forth in Section 9-803. (c) If a property owner or business owner disagrees with the determination of the Director of Development and Engineering Services that an establishment is a Nightclub under this chapter, then upon request by the owner, the decision will be reviewed by the Cleveland City Council. (d) Any doorway entrance regularly used for ingress and egress or outdoor place of gathering such as a deck/patio of any such use (if permitted by approval of a Nightclub permit) shall be located more than seven hundred and fifty feet (750') away from the nearest boundary of any residential zone when constructed for a Nightclub. The 750' buffer distance may be decreased in part or entirety and the City Council may impose additional conditions for the protection of residential properties from excessive noise or other nuisance issues depending on the proximity and location of water, rail, and road rights-of-way, topography, adjoining land uses, or other natural or manmade barriers to sound and noise. (e) Outdoor gathering places such as decks, balconies, covered areas and patios shall have no amplified noise, no entertainment or theatrical lighting, and no outside sale of food or beverages. p. 833 REGULAR SESSION SEPTEMBER 12, 2022 PAGE -833- MINUTE BOOK 30 (f) If a Permit for a Nightclub is approved by the City Council: a. Said permit shall not be transferred to any person or entity without approval by the Cleveland City Council. b. The Nightclub permit and any conditions attached to the Nightclub Permit shall be posted in the interior of the Nightclub next to the building's Occupancy Rating and shall be available for inspection upon request. 9-803 REVOCATION OF PERMIT A Nightclub permit may be revoked by the City Council at any time upon written notice to the owner and after a public hearing before the City Council which establishes by a preponderance of evidence that the Nightclub permit holder has violated any federal, state, or local law or ordinance. A Nightclub permit may also be revoked by the City Council at any time upon written notice to the owner and after a public hearing before the City Council for any of the following reasons: 1. At the time of a suspension of the Nightclub’s beer permit by the Beer Board, or the suspension of any liquor by the drink permit by the Tennessee Alcoholic Beverage Commission; or 2. Upon recommendation by the City Planning Director, City Chief Building Official, Cleveland Police Department, or the Cleveland Beer Board. 3. Number and occurrences of Police Department calls to the Nightclub and about the Nightclub. 4. Impact of noise and activity from the Nightclub on surrounding property owners. 5. Changes to site plan by the Nightclub or activity occurring at Nightclub after the nightclub permit is granted. 6. Parking problems on nearby properties occurring due to Nightclub use. 7. Any other City ordinance violations related to use of property as provided by City staff. SECTION 2: That this Ordinance shall become effective 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 Councilman May moved that Ordinance 2022-34 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on September 26, 2022. There being no future business the meeting was adjourned at 3:20 p.m. _________________________________ __________________________________ Mayor City Clerk