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Cleveland City Council

Regular Meeting

Cleveland, TN · October 24, 2022

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Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, October 24, 2022 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Announcement of Judging results for the “The GREAT Pumpkin Decorating/Carving Smackdown” b. Proclamation for Breast Cancer Awareness Month c. Brittany Katz 2. CITY MANAGER REPORT a. Presentation on Tinsley Park b. Downtown Parking PILOT Project c. E-Locks at Parks Restrooms d. Disc Golf Options e. Ribbon Cutting – Parker Street Redevelopment Project – November 14 @ 12:00 f. Solid Waste Agreement g. Street Cut Ordinance h. Purchase of 260 Inman St E i. Jim Sharp Park Update 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Hughes c. Councilman Webb d. Vice Mayor Johnson e. Councilwoman McKenzie f. Councilman Estes g. Councilman Cassada 5. ANNOUNCEMENTS 6. ADJOURNMENT City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, October 24, 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 – September 26, 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 .55 acres, more or less, from R1 to R2 for property located at Clearwater Drive (also described as Tax Map 042O Group A Parcel 001.06) (Planning Commission: Approved 8:0; 1 absent) (p. 2-3). b. Public Hearing – To hear public comments concerning a request by the property owner to rezone 1.00 acres, more or less, from IH to CH for property located along APD 40 (also described as a portion of Tax Map 065 Parcel 001.00) (Planning Commission: Approved 8:0; 1 absent) (p. 4-5). c. Public Hearing - To hear public comments concerning a request by Maverick Development for consideration of an ordinance to zone about 80 acres, more or less, from RA, R1, and CH to PUD 40 Planned Unit of Development for property located on North Lee Hwy (also described as Tax Map 034 Parcel 055.00) (Planning Commission: Approved 8-0; 1 absent) (p. 6-7). d. Public Hearing - To hear public comments concerning a request by Berry Engineering for consideration of an ordinance to amend PUD41 which includes about 54 acres, more or less, to include 12 townhome units as an allowable use and to reduce the minimum lot size from 7500 square feet to 5000 square feet (also described as Tax Map 058 Parcels 025.02, 024.00, and 024.05) (Planning Commission: Approved 7-0; 1 recused, 1 absent) (p. 8-9). e. Public Hearing - To hear public comments concerning a request by the City of Cleveland to amend The Cleveland Municipal Code, Title 16 Streets, Sidewalks, and Drainage, Chapter 5 to include sidewalk construction requirements for all development and redevelopment projects (Planning Commission: Approved 7:1; 1 absent) (p. 10-12). f. 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 3.4.1 to remove sidewalk construction requirements in conflict with Title 16 (Planning Commission: Approved 9-0) (p. 13-14). g. 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, Section 2.15.2 to include cryptocurrency mining as a conditional use and section 1.6 definitions, to define cryptocurrency mining (Planning Commission: Approved 9-0) (p. 15-16). 7. CONSENT AGENDA a. Final Passage - 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) (p. 17-21). b. Final Passage - 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) (p. 22-25). c. Final Passage - 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) (p. 26-29). d. Resolution 2022-83 – Authorizing the Mayor to sign amendment #1 with TDOT for PIN 128170.00 related to Greenway Phase VI (p. 30-34). e. Resolution 2022-84 – Authorizing the submission of the Public Entity Partners Driver Safety Grant (p. 35-36). f. Resolution 2022-85 – Authorizing the submission of the Public Entity Partners Property Conservation Grant (p. 37-38). g. Resolution 2022-86 – Authorizing the Mayor to sign an agreement with The Caring Place regarding the American Rescue Plan Act Funds (p. 39-45). h. Resolution 2022-87 – Authorizing the Mayor to sign amendment #8 with TDOT for PIN 120322.00 related to the Multimodal Access Project, Phase II – Dalton Pike (p. 46-72). i. Resolution 2022-88 – Authorizing the submission of a grant application to TDEC for the State Water and Infrastructure Program Grant (SWIG) and to provide the required 15% match (p. 73-74). j. Resolution 2022-89 - Authorizing the Mayor to sign a contract with Southeast Tennessee Development District for application preparation, submittal and administration services pertaining to the TDEC SWIG Grant (p. 75-80). k. Resolution 2022-90 – Authorizing the Mayor to sign a license agreement with TDOT related to the Gaut Street Area Multimodal Improvements (p. 81-91). l. Resolution 2022-91 – Supporting an application of the Transportation Alternative Program for Greenway Phase VI in the 2023 funding cycle (p. 92-93). m. Resolution 2022-92 – Supporting an application for the Downtown Improvement Grant through the Tennessee Department of Economic and Community Development (p. 94-95). n. Surplus Property – Declaring several inoperable vehicles as surplus property to be used for training by the Cleveland Fire Department (p. 96). o. Bid Summary – Mosby Park Pavilion/Amphitheater (p. 97). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Hughes c. Councilman Webb d. Vice Mayor Johnson e. Councilwoman McKenzie f. Councilman Estes g. Councilman Cassada 10. NEW BUSINESS AND ORDINANCES a. Appointment of Vice Mayor for a two-year term. b. Zoning Ordinance 2022-38 – Rezoning .55 acres, more or less, from R1 to R2 for property located at Clearwater Drive (also described as Tax Map 042O Group A Parcel 001.06) (Planning Commission: Approved 8:0; 1 absent) (p. 98-100). c. Zoning Ordinance 2022-39 – Rezoning 1.00 acres, more or less, from IH to CH for property located along APD 40 (also described as a portion of Tax Map 065 Parcel 001.00) (Planning Commission: Approved 8:0; 1 absent) (p. 101-103). d. Zoning Ordinance 2022-40 – Rezoning about 80 acres, more or less, from RA, R1, and CH to PUD 40 Planned Unit of Development for property located on North Lee Hwy (also described as Tax Map 034 Parcel 055.00) (Planning Commission: ) (p. Approved 8:0; 1 absent) (p. 104-114). e. Ordinance 2022-41 – Amending PUD41 which includes about 54 acres, more or less, to include 12 townhome units as an allowable use and to reduce the minimum lot size from 7500 square feet to 5000 square feet (also described as Tax Map 058 Parcels 025.02, 024.00, and 024.05) (Planning Commission: Approved 7-0; 1 recused, 1 absent) (p. 115-122). f. Ordinance 2022-42 – Amending the Cleveland Municipal Code, Title 16 Streets, Sidewalks, and Drainage, Chapter 5 to include sidewalk construction requirements for all development and redevelopment projects (Planning Commission: Approved 7:1; 1 absent) (p. 123-131). g. Ordinance 2022-43 – Amending the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3.4.1 to remove sidewalk construction requirements in conflict with Title 16 (Planning Commission: Approved 9-0) (p. 132-135). h. Ordinance 2022-44 – Amending the Cleveland Municipal Code, Title 14, Zoning Ordinance, Section 2.15.2 conditional uses to include cryptocurrency mining and Section 1.6 to define cryptocurrency mining (Planning Commission: Approved 9-0) (p. 136-138). i. Motion – Approval of Pilot Project for Greenway Cameras (p. 139-140). j. Resolution 2022-93 – Approval of the City’s options for property acquisition of right-of-way at 1120 Valley Head Road (p. 141). 11. ANNOUNCEMENTS a. The next City Council meeting will be held on Monday, November 14, 2022. b. Holiday Schedule: Following Tennessee State Government Holiday Office Closure Schedule, City offices will be closed as follows: • Friday, November 11 in observance of Veterans Day. • Thursday, November 24 and Friday, November 25 due to the Thanksgiving Holiday. • Friday, December 23 and Monday, December 26 for the Christmas Holiday. The December 26 Council meeting will be cancelled. • Friday, December 30 and Monday, January 2, 2023 for the New Year’s Holiday. 12. ADJOUNMENT

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