Cleveland City Council

p. 834 REGULAR SESSION SEPTEMBER 26, 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 26, 2022 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brook. Also present were Vice Mayor Avery Johnson, Councilmen Bill Estes, David May, Tom Cassada, Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Sue Zius, Administrative Coordinator; Beverley Lindsey, Assistant to the City Manager; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Doug Berry with the Chamber of Commerce; Sharon Marr with Mainstreet Cleveland; Charlie Boothe; Gwendolen Lowe; Robin Jones; James Morgan; Shawna Staup; Taylor Hill; Brenda Gibson; Michelle Goldston and Dustin Tommey with City Fields; Ron and Lynn Harrison; Kim Brooks with Lee University; Vince Dauro and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, 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 September 12, 2022 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 read the following proclamation for retired Fire Chief Ron Harrison and congratulated him on the naming of the Ron Harrison Fire Training Tower. Chief Harrison thanked Mayor Brooks, Mayor Emeritus Rowland, the City Council and the Cleveland Fire Department for their support and honoring him in this way. Councilman Hughes added Chief Harrison is a team player and thanked him for helping the City receive the improved ISO rating and additional apparatuses. He wished him the best in his retirement. Councilman May congratulated Chief Harrison for a job well done. “F I R E C H I E F R O N H A R R I S O N” Whereas, Chief Ron Harrison is a Bradley Central High School graduate class of 1978. Studied nursing and fire science earning his degree through Cleveland State and Chattanooga State Community College before he spotted a job opening in the newspaper for the Cleveland Fire Department. After a grueling 14-week training program, he’s been with the department ever since; and. . . . Whereas, Chief Harrison began his service to the Cleveland Fire Department in February 1995 and served there for the entirety of his career, getting promoted to Fire Chief in 2015; and . . . . Whereas, under his leadership, new equipment and personnel were added to the fire services as well as implementation of a program to reduce the risk of cancer for firefighters; oversaw the building of Fire Station 6 and improved the ISO rating to a 2, the community’s overall fire safety rating; and . . . . Whereas, he also help deploy a support group of firefighters to New York in the aftermath of 9/11, and led the establishment of the Cleveland Fire Training Tower which was named by the Mayor and City Council in Chief Harrison’s honor; and . . . . p. 835 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -835- MINUTE BOOK 30 Whereas, Chief Harrison will certainly be missed for his leadership. A look back on the accomplishments helps you realize that he brought Cleveland Fire Department a long way for the citizens that we serve, NOW THEREFORE, I, Kevin Brooks as Mayor of the City of Cleveland and on behalf of the entire City Council wish Chief Harrison much happiness in his retirement, enjoying his family and of course fishing! We wish him a long and healthy retirement. Mayor Brooks then introduced Vince Dauro. Vince Dauro with CALEA gave a brief history of CALEA and their standards for agencies to follow. They help departments follow law enforcement standards, minimizes the department’s exposure to liability, demonstrates accountability to the public and guarantees professional management practices. It confirms their commitment to excellence in law enforcement. The certificate represents the agencies efforts to achieve accredited status, therefore by demonstrating their willingness to change in order to effectively address contemporary public safety concerns. It represents the commitment to do the right thing and doing it the right way, adherences to a professional code and lastly, an ongoing dedication to ensuring the agency resources are appropriately developed, actively deployed and constant management for a safer City. He then presented Police Chief Mark Gibson the 2022 Accreditation Certificate for the Cleveland Police Department and recognized their hard work toward achieving this goal. This is the departments fifth award for Advance Law Enforcement Accreditation, which is the highest level. Mayor Brooks then read the following proclamation. “CHILDHOOD CANCER AWARENESS MONTH” Whereas, each day 47 children are diagnosed in the United States, which means more than 17,000 children in the U.S. are diagnosed each year and face their battle with incredible bravery and inspiring hope; and . . . . Whereas, cancer is the leading cause of death by disease among U.S. children, resulting in the death of approximately 1,800 kids e ach year; and . . . . Whereas, many childhood cancer survivors suffer long-term side effects and/or experience secondary cancers later in childhood or as an adult, as a result of the cancer treatments they received; and . . . . Whereas, a local parent advocacy group has confirmed there have been at least 40 children diagnosed with cancer in Cleveland, Tennessee, over past 30 years and with permission from their parents we wish to recognize them by name; and . . . . Whereas, we honor the following childhood cancer fighters in active treatment (some ae present today) Olivia Weatherford, Kimmy Nascimento, Christian Ingram, Axel Florian, Sebastain Hernandez, and Seth Voyles; and. . . . Whereas, We honor the following childhood cancer survivors in remission (some are present today): Aiden Boyd, Aiden Williams, Audrey Robbins, Brayden Dilbeck, Candace Womac, Caleb Ledford, Chloe Watts-McClung, Dylan Duncan, Eva Townsend, Jonah Phillips, Kenleigh Rae, Lexi Workman, Lydia Brink, Ryan Perdomo, and Wyatt Maxwell; and . . . . Whereas, We honor the memory of the following childhood cancer warriors who courageously battled but are no longer with us (some of their parents brought a photo of their child today): A.J. Pugh, Amber Blair, Cheyenne Edmonson, Colton Malone, Danica Holder, Doc Walker, Dylan Green, Emma Cummings, Grayson Moser, Hampden Ipser, Jaxson Kidd, Joshua Freeman, Mason Cobble, Matthew Yarber, Ryan Ramsey, and Sierra Underwood; and . . . . p. 836 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -836- MINUTE BOOK 30 Whereas, we also honor all courageous fighters, survivors, and angels across our nation and across the world as well as any local children we may have unintentionally omitted, NOW THEREFORE, I, Kevin Brooks,, Mayor of the City of Cleveland do hereby proclaim the month of September as: “CHILDHOOD CANCER AWARENESSS MONTH” in the City of Cleveland and encourage our citizens to join me in this worthy observance. The cancer ribbon color for childhood cancer is gold, and all citizens are urged to GO GOLD. 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 the property owner to rezone .54 acres, more or less, from R1 to PI for property located at 4041 N. Ocoee Street. Robert Varnell stated this is a straightforward rezoning request and is available for questions. The Planning Commission approved this item 8-0 with 1 member being absent. Mayor Brooks asked if anyone would like to speak in favor of the rezoning request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning 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 the City of Cleveland to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3.8A and 3.8B to clarify accessory structures total maximum square footage per lot. Robert Varnell stated this amendment removes the several ways to follow different regulations within the zoning ordinance and this amendment makes it very specific to one set rule to follow for accessory structures. The Planning Commission approved this item 8-0 with 1 member being absent. Mayor Brooks asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the amendment. 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 comment concenring a request by the City of Cleveland to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 4.1.2A sub number 1 to require a pre-submittal meeting for PUDs. Robert Varnell stated this is so he can sit with applicants and have conversations, so expectations are the same across the board. The Planning Commission approved this item 8-0 with 1 member being absent. Mayor Brooks asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Estes moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. • Resolution 2022-77 – Authorizing the Mayor to sign a grant application for the Tennessee Agriculture Enhancement Program (TAEP) Grant for Community Tree Planting (50/50; City Match $5,496.00). RESOLUTION 2022-77 WHEREAS, the City has received the attached grant contract from the Tennessee Department of Agriculture, (hereafter “TDOA”) for an Urban TAEP Community Tree Planting Project; and WHEREAS, the City Council desires to enter into the attached grant contract with TDOA for the project described, and to further authorize the Mayor to execute this contract on behalf of the City of Cleveland. p. 837 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -837- MINUTE BOOK 30 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 grant contract with TDOA for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 26th day of September 2022 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-78 - Authorizing the Mayor to sign the driver safety awareness grant contract with the Tennessee Department of Safety and Homeland Security Tennessee for community-based traffic safety enforcement and education ($50,000). RESOLUTION 2022-78 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2023 STATE OF TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY DRIVER SAFETY AWARENESS GRANT WHEREAS, the State of Tennessee Department of Safety and Homeland Security through the Tennessee High is sponsoring competition for $23 million in federal grant funds to be distributed statewide from the National Highway Traffic Safety Administration for the 2022-2023 Federal Fiscal Year. Grant funding is available for traffic safety programs, public awareness campaigns, impaired driving, highway safety education, occupant protection, speed enforcement as well as pedestrian and bicycle safety; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to accept the grant funding, and authorize the Mayor to sign the same, as well as to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant awarded to the City by the Tennessee Department of Safety and Homeland Security. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor and City staff be authorized to sign and accept the grant with the State of Tennessee Department of Safety and Homeland Security on behalf of the City of Cleveland for the grant described herein. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland that the Mayor is authorized to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Safety and Homeland Security. Adopted this 26th day of September 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-79– Authorizing the Mayor to sign an agreement with WSP USA, Inc. to provide professional services for MPO. p. 838 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -838- MINUTE BOOK 30 RESOLUTION 2022-79 A RESOLUTION APPROVING OF THE SELECTION OF WSP USA, INC. TO PROVIDE PROFESSIONAL SERVICES FOR THE CLEVELAND URBAN AREA METROPOLITAN PLANNING ORGANIZATION (MPO) AND TO AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT WITH WSP USA, INC. ON BEHALF OF THE MPO FOR THESE SERVICES WHEREAS, City staff have completed the consultant selection process for professional services for the Cleveland Urban Area Metropolitan Planning Organization (MPO); and WHEREAS, City staff are now recommending that the City select WSP USA, Inc. to provide these professional services for the MPO and to authorize the Mayor to execute the attached agreement with WSP USA, Inc.; and WHEREAS, the City Council desires to approve of the selection of WSP USA, Inc. for the projects and professional services described in the attached agreement, and to authorize the Mayor to execute a professional services agreement with WSP USA, Inc. on behalf of the MPO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Council does hereby approve of the selection of WSP USA, Inc. to provide professional services for the projects described in the attached agreement, and the City Council further authorizes the Mayor to execute the attached professional services agreement on behalf of the MPO. Approved this 26th day of September 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-80 – Authorizing an application for USDOT Rail Crossing Elimination Program Grant for bridge over Norfolk Southern Railroad and to provide required matching grant funds. RESOLUTION 2022-80 RESOLUTION TO AUTHORIZE APPLICATION FOR USDOT RAIL CROSSING ELIMINATION PROGRAM GRANT FOR BRIDGE OVER NORFOLK SOUTHERN RAILROAD AND TO PROVIDE REQUIRED MATCHING FUNDS FOR SAID GRANT WHEREAS, the United States Department of Transportation (USDOT), acting through its Federal Railroad Administration, published a Notice of Funding Opportunity (NOFO) inviting communities to apply for funding that would be used to eliminate railroad grade crossings through its Rail Crossing Elimination Program; and WHEREAS, whereas the City of Cleveland is currently working with USDOT and the Tennessee Department of Transportation (TDOT) to prepare a Crosstown Connector plan using funding from the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) funding and a key component of the connector will be a bridge across the railroad at 3rd Street SE crossing in the former Whirlpool site; and WHEREAS, the estimated cost of a bridge sufficient for the planned corridor to span the railroad in this location is approximately $34,218,000 for which the required 20% match would be approximately $6,844,000; and p. 839 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -839- MINUTE BOOK 30 WHEREAS, it is desirable to apply for grant funding to design and construct the bridge over the railroad and time is of the essence in submitting the grant application described herein, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Staff are authorized to work with consultants and others as necessary to development the application for the Rail Crossing Elimination Program grant for the bridge as described herein. 2. The Mayor is authorized to sign documents necessary and appropriate to the grant. 3. Required matching funds for the grant up to $6,844,000 are approved. Approved this 26th day of September, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – Drug and Alcohol Testing Services. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: September 26, 2022 RE: Drug and Alcohol Testing Services RFP SUMMARY: The City advertised to accept proposals for Drug and Alcohol Testing Services on September 7, 2022. Proposals were received from the following: • Arc Point Labs Chattanooga, TN • DSI Medical Services Horsham, PA COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff has evaluated the proposals and recommends award to Arc Point Labs. • Reappointment – Greenway Board – Annie Robbins for an additional two-year term to expire August 2024. • Reappointment – Greenway Board – Dr. Pat Stone for an additional two-year term to expire August 2024. UNFINISHED BUSINESS No unfinished business. p. 840 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -840- MINUTE BOOK 30 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada stated he felt the meetings were getting lengthy, due to cancellation of meetings around holidays. He encourages the Council to follow the Charter, which states if a meeting date falls on a holiday, the meeting be moved to the following day. Councilman May asked if he was making a motion. Councilman Cassada stated no, it’s in the Charter. Councilman May stated we have moved meetings with important matters. Councilman Cassada stated he was asking for Council to follow the Charter. Secondly, he has received several concerns about peddlers and asked what kind of additional enforcement or deterrent to help alleviate the issue. Chief Gibson stated we are happy to move them along and write citations where warranted. They do move to other locations, but staff would look further to see what else could be done. Councilman Cassada then asked about the letter from Dave Ramsey asking if the large development off Stone Lake Road/Brymer Creek is no longer active. Mr. Fivas replied the City is not aware but will ask the developer the status. Lastly, he asked for an update on the Raider Drive building. Mayor Brooks stated we’ve had additional conversations with the donor, where both parties have requested additional information in writing and the paperwork is catching up with each other. Councilman May inquired about the status of Michigan Avenue Road. Mr. Jobe stated we have met with the consultant and are actively working on the design and preliminary reports for the grants. Staff is working on the in-house design for Minnis Road turn lane. Councilman May asked about timeline. Mr. Jobe stated we have to make it work with the paving window. The Michigan/20th Street is a larger project, about 85% of the project, which we will sub out design and construction. City staff will handle the Minnis Road turn lanes in house. Mayor Brooks asked to thank the Public Works department for their quick response in helping the widow on Fulbright Road, which is in Councilman May’s district. Councilman Hughes stated he received a call from Max Morris concerning the efficient response time of 3 minutes from the Cleveland Fire Department to a call to assist his wife. Councilman May stated he also received a call from a resident on Gibson Drive, who call the nonemergency number for a vehicle unlock. Patrol was there in 3 minutes and opened the door quickly. Councilman Hughes then welcomed Vice Mayor Johnson back. Several prayers were answered during his sickness. Mayor Brooks then acknowledged that Mrs. Johnson was with us today in the audience. Councilman Webb stated he appreciated the update on Greenway security. Secondly, we have received a thank you card from Ms. Laura Martz for the new access road off Tomahawk Circle [note below]. Councilman Webb then reminded all of the November election. Early voting will be October 19 until November 3. p. 841 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -841- MINUTE BOOK 30 Vice Mayor Johnson thanked everyone for the calls, food and prayers during his recent illness. Secondly, he remembers discussing with Chief Harrison about a fifteen-year plan for the future and how to improve the ISO rating. Chief Harrison moved us further down the road. He then address the length of the agenda and meetings. It is just a part of growing and doing so many projects, we are catching up. It is just something we have to dig in and get the job done. Councilwoman McKenzie commended Chief Gibson and the Cleveland Police Department for the new Crisis Intervention Team, which twenty-one officers are trained for certain situations. She had a ride along with Sgt. West and Officer Hartwig where they had the opportunity to check on a homeless gentleman and she was very impressed on the professionalism and humanity in handling the situation. She commended them for their efforts with the homeless. Councilman Estes commended Greg Thomas for giving a fifty slide-presentation on the Rail Grant in under 30 minutes. It was a good presentation as well. Next, the Planning Commission has been a steep 2-year learning curve. Robert Varnell is the right person at the right time. He has the tact and skills, and he has enjoyed working with him with Planning Commission. We have been cleaning up our Zoning Code and Sub-Regulations to eliminate discrepancies where they don’t match, which will make Cleveland more efficient and help staff. Planning Commission has discussed sidewalks and people from ORBA and River Counties have come together to help bring it together. Next, the Pie Center is an asset to Cleveland. It is a good thing for everyone. Forth, he has received scads of praise on the quality and speed on what the Public Works crews are doing with the Greenway extension at Candies Lane. Lastly, he likes the idea of the pilot program for the homelessness intervention team. It is well overdue. Mayor Brooks welcomed Gracie White from Congressman Fleishmann’s office. He thanked his office for their service to our community. Councilman Estes introduced Laken Shattuck from Senator Hagerty’s office Councilman Hughes left the meeting at 4:10 p.m. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Final Passage - Ordinance 2022-34 – Amending Title 9 of the Municipal Code to add a new Chapter 8 to be titled Nightclubs. 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: p. 842 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -842- MINUTE BOOK 30 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 50 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. (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 fifty (50) or more 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 p. 843 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -843- MINUTE BOOK 30 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. (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 Cassada had several questions concerning the ordinance, such as operating hours and distance requirement from any residential zone. He feels this could create havoc and unsure if we need to open this up. Mr. Fivas stated currently we do not have any regulations for nightclubs. Certainly, there was concern as we have had temporary nightclubs come into town, with over 300 people. The Police, Fire and Building Code Departments had many questions on the gray areas and what could be done. We are trying to have a regulatory framework to have a good partnership with establishments. Councilman May added we need to have something in place now. Mr. Fivas stated absolutely. We are trying to figure it out. Councilman Cassada inquired about operating hours. Mr. Kimball stated currently restaurants and bars can serve alcohol until 3:00 a.m., which follows state law. Councilman Cassada thanked everyone for the discussion. p. 844 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -844- MINUTE BOOK 30 Councilman May then moved that Ordinance 2022-34 be approved on final reading; heretofore passed on first reading September 12, 2022 and found in Minute Book 30, Page 831. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Zoning Ordinance 2022-35 – Rezoning .54 acres, more or less, from R1 to PI for property located at 4041 N. Ocoee Street (also described as Tax Map 042G Group A Parcel 002.00) (Planning Commission: Approved 8-0; 1 absent). ZONING ORDINANCE 2022-35 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, re-zoned from R1 Single-Family Residential District to PI Professional Institutional District. Approximately .54 acres, more or less, located on Ocoee St. N as shown on the attached map. For reference, same property is being shown on Tax Map 042G Group A 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 May moved that Zoning Ordinance 2022-35 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 845 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -845- MINUTE BOOK 30 The following Ordinance was then presented in full: • Ordinance 2022-36 – Amending the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3.8A and 3.8B to clarify accessory structures total maximum square footage per lot (Planning Commission: Approved 8-0; 1 absent). ORDINANCE 2022-36 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14, CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 3.8 IN REFERANCE TO AMENDING THE MAXIMUM TOTAL SQUARE FOOTAGE FOR ACCESSORY STRUCTURES: AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the intent of the language in the existing zoning ordinance concerning the maximum allowable square footage for accessory structures; and WHEREAS, the current required maximum square footage is now referenced within the zoning ordinance; and WHEREAS the City Council has determined that the existing ordinance should be revised to clarify the maximum square footage for accessory structures; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, Section 3.8.A. be amended by changing the total maximum square footage for accessory structures: 3.8. A. A. Accessory structures may be located on any parcel which has a permitted principal structure or development located in full compliance with the standards of this Ordinance, but this paragraph is not intended to prohibit otherwise lawful structures not ordinarily intended for human occupancy or the storage of goods (e.g., utility equipment buildings, fences, signs, and the like). The total area covered by accessory structures on any lot or parcel shall not exceed 10% of the total lot area. No accessory structure shall be placed on a lot so as to cause the total amount of impervious area on the lot to be increased beyond the maximum that is allowed for the zoning district. No accessory structure of any type shall be located in a manner such that it interferes with a utility or utility easement or such that it presents a public safety problem, e.g., interfering with motorists' view of oncoming traffic, as determined by the Planning Director. At no time can the square footage of accessory structures on the site exceed 1,000 square feet as a total, if multiple structures are desired. p. 846 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -846- MINUTE BOOK 30 Section 2. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, Section 3.8.B. be amended by changing the total maximum square footage for accessory buildings: 3.8 B. Accessory Buildings (2) Accessory buildings shall be limited to two (2) stories in height. The total maximum square footage for accessory structure(s), combined on a site, is 1,000 square feet. Section 3. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 4. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Ordinance 2022-36 be approved on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance 2022-37 – Amending the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 4.1.2A sub number 1 to require a pre-submittal meeting for PUDS (Planning Commission: Approved 8-0; 1 absent). ORDINANCE 2022-37 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 4.1.2.A SUBNUMBER 1 IN REFERANCE TO REQUIRING A PRE-SUBMITTAL MEETING FOR PLANNED UNITS OF DEVELOPMENT (PUD): AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the intent of the language in the existing zoning ordinance concerning the requirement of a PUD pre- submittal meeting; and WHEREAS, the current ordinance does not require a PUD pre-submittal meeting, and WHEREAS the City Council has determined that the existing ordinance should be revised to amend the PUD conceptual plan process NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, Section 4.1.2.A sub number 1 be amended by requiring a pre-submittal meeting for Planned Units of Development (PUD): p. 847 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -847- MINUTE BOOK 30 4.1.2.A PUD Conceptual Plan Process The PUD Conceptual Plan process consists of the completion of an application and a conceptual plan by the applicant, a review and recommendation regarding the proposed conceptual plan by staff, and approval or denial by the Planning Commission. (1) PUD Conceptual Plan Application. The City of Cleveland or an owner of property within an area where the PUD is proposed to be applied may make application for the PUD Conceptual Plan approval. The area to which the PUD Conceptual Plan is to be applied shall be at least three (3) acres in size, or at least one (1) acre for a residential -only PUD. The application must contain a statement of justification based upon the purposes of the PUD as described above. The application must show the boundaries of the proposed PUD area on a tax map. The application must also identify for each parcel to be included: the property owner(s); current zoning; current use of the property. The application must include any existing deed restrictions or covenants affecting the proposed PUD area. The application must contain a PUD Conceptual Plan drawn by a professional engineer at a legible scale. The application must identify the proposed uses and locations of those uses; the uses may be a range of possible uses and they should be identified according to the classification contained in the North American Industrial Classification System (NAICS) for non-residential uses. Residential uses should be identified by density and a description of the housing units (number of units, number of units per building, size of units, number of bedrooms, ownership structure [apartments, fee-simple townhome subdivision condominium, etc.] along with any common amenity features to be shared by residents. Prior to the acceptance of any application the City of Cleveland and an owner of the property, or their designee, must have a pre- submittal meeting concerning the area of the proposed PUD. Section 2. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 3. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Ordinance 2022-37 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was presented in full: • Resolution 2022-82 – Approving of a contribution to the Industrial Development Board for the purchase of stream mitigation credits relating to the Spring Branch Industrial Development Park. p. 848 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -848- MINUTE BOOK 30 RESOLUTION 2022-82 RESOLUTION APPROVING CONTRIBUTION OF FUNDS FOR THE PURCHASE OF STREAM MITIGATION CREDITS BY THE INDUSTRIAL DEVELOPMENT BOARD OF BRADLEY COUNTY AND THE CITY OF CLEVELAND WHEREAS, the Industrial Development Board of Bradley County and the City of Cleveland, (hereinafter “IDB”) is in the process of continuing to develop the Spring Branch Industrial Development Park; and WHEREAS, in connection with the ongoing development of the Spring Branch Industrial Development Park, the IDB has met and approved the attached agreement for the purchase and sale of stream mitigation credits; and WHEREAS, TCA 6-54-118 authorizes municipalities to contribute funds to an eligible industrial development corporation for the purchase of economic development or industrial development, or both; and WHEREAS, the Bradley County Finance Committee met on September 22, 2022 and is recommending to the Bradley County Commission that it also contribute funds to the IDB for the purchase of one-half of these stream mitigation credits; and WHEREAS, the Bradley County Commission will not meet in a voting session to consider the approval of a resolution to contribute funds to the IDB to purchase the other one-half of the stream mitigation credits until October 3, 2022; and WHEREAS, the Cleveland City Council will not be holding a regular voting session on October 10, 2022; and WHEREAS, the City Manager has been advised by Doug Berry, Vice President of Economic Development for the Chamber of Commerce, that the purchase of these stream mitigation credits is time sensitive; and WHEREAS, the City Manager is recommending the Cleveland City Council approve a contribution to the IDB for the purchase by the IDB for one-half of these stream mitigation credits, contingent upon Bradley County Commission passing a similar resolution at its meeting on October 3, 2022 committing to contribute funds to the IDB to purchase the other one-half of the stream mitigation credits. NOW, THEREFORE, BE IT RESOLVED, the Cleveland City Council authorizes the City to contribute funds to the IDB to purchase one-half of these stream mitigation credits, provided that the Bradley County Commission also passes a resolution to contribute funds to the IDB to purchase the other one-half of the stream mitigation credits. BE IT FURTHER RESOLVED that if for any reason the Bradley County Commission does not approve a similar resolution for the IDB’s purchase the other one-half of the stream mitigation credits, then this resolution shall have no force and effect. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution 2022-82 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. p. 849 REGULAR SESSION SEPTEMBER 26, 2022 PAGE -849- MINUTE BOOK 30 ANNOUNCEMENTS Mayor Brooks announced the following: • City Offices will be closed on Monday, October 10, 2022 in observance of Columbus Day. • The City Council meeting will be cancelled for Monday, October 10, 2022. • The next City Council meeting will be held on Monday, October 24, 2022. • City Council Official Picture – Monday, October 24, 2022 at 3 p.m. • Nominations and Appointment of Vice Mayor – October 24 at 3 p.m. Mayor Brooks then recognized award winning Airport Director Mark Fidler on his announcement of his retirement. There being no future business the meeting was adjourned at 4:28 p.m. _________________________________ __________________________________ Mayor City Clerk