Cleveland City Council

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, June 10, 2024 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Master Gardeners Appreciation for Downtown Flower Boxes b. Staff Update on the Army Corps of Engineers Projects c. Recognizing Employees Kristi Powers, Karen Stovall and Lauran Duncan for 20-years of Service to the City d. Proclamation for Pollinator Week e. CCS Presentation 2. CITY MANAGER REPORT a. Update on Public Safety Cameras b. Discussion on Johnston Park Design c. Discussion on MS4 Stormwater Program d. Project Updates e. Gaut Street and Inman Sidewalk Project f. Healthy Built Environments Grant 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman Cassada b. Councilman May c. Councilman Hughes d. Councilman Webb e. Vice Mayor Johnson f. Councilwoman McKenzie g. Councilman Estes 5. ANNOUNCEMENTS 6. ADJOURNMENT  City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, June 10, 2024 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 – May 13, 2024 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning a request by Lynn Jones for consideration of a Plan of Service, a resolution to annex and an ordinance to zone about 87.5 acres, more or less, for property located at the corner of Michigan Avenue Rd and Wilkinson Rd. from unincorporated County to PUD51 and includes Tax Map 043 Parcel 021.00 (Planning Commission: Approved 8-0; 1 recused) (p. 2-3). b. Public Hearing – To hear public comments concerning a request by Lydia Nascimento for consideration of a Plan of Service, a resolution to annex and an ordinance to zone about .24 acres, more or less, for property located at Young Road from unincorporated County to R-1 Single Family residential and includes Tax Map 66H Group F Parcel 010.02 (Planning Commission: Approved 9-0) (p. 4-5). c. Public Hearing – To hear public comments concerning a request by CT Properties for consideration of an ordinance to zone about 1.71 acres, more or less, of property located at 18th Street NW from R-1 Single Family Residential Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes a Tax Map 049C Group J Parcel 026.00 (Planning Commission: Approved 9-0) (p. 6-7). d. Public Hearing – To hear public comments concerning a request by Southeast Land Trust for consideration of an ordinance to zone about 1.15 acres, more or less, of property located at Old Tasso Rd. NE from IL Light Industrial to R2 Low Density Single and Multi-Family and includes a portion of Tax Map 050 Parcel 001.07 (Planning Commission: Approved 9-0) (p. 8-9). e. Public Hearing – To hear public comments concerning a request by City of Cleveland to amend multiple areas of section 5.0 of the sign ordinance pertaining to temporary signage type and heights (Planning Commission: Approved 9-0) (p. 10-11).  f. Public Hearing – To hear public comments concerning a request by Phoenix Cleveland TN Industrial Investors for consideration of an ordinance to zone about 3.37 acres, more or less, of property located at 455 Inman Street E from CBD Central Business District to CH Highway Commercial and includes Tax Map 057D Group E Parcel 020.00 (Planning Commission: Denied 7-0; 2 absent) (p. 12-13). g. Public Hearing – To hear public comments concerning a request by Phoenix Cleveland TN Industrial Investors for consideration of an ordinance to zone about 1.00 acres, more or less, of property located at 601 8th Street from CBD Central Business District to IL Light Industrial and includes Tax Map 058H Group C Parcel 027.00 (Planning Commission: Denied 7-0; 2 absent) (p. 14-15). h. Public Hearing – To hear public comments concerning a request by Mr. Bowers for consideration of a proposed plan of service for a requested annexation by referendum for about 57 acres, more or less, of property located at Interchange Drive and includes Tax Map 056 Parcel 005.00 and Tax Map 048 Parcel 082.00 (Planning Commission: Approved 9-0) (p. 16-20). 7. CONSENT AGENDA a. Final Passage - Ordinance 2024-12 – Amending the FY2024 Budget (p. 21-27). b. Final Passage - Ordinance 2024-13 – Adopting the 2024 Tax Rate ($1.7130) (p. 28-30). c. Final Passage - Ordinance 2024-14 – Adopting the FY2025 Budget (p. 31-37). d. Final Passage - Zoning Ordinance 2024-15– Concerning a request by Hank Wilson for consideration of an ordinance to zone about 1.00 acre, more or less, of property located at Perimeter Drive from County C-2 to CH Highway Commercial and includes Tax Map 035E Group F Parcel 014.01. (Planning Commission: Approved 7-0; 2 absent) (p. 38-40). e. Final Passage - Zoning Ordinance 2024-16 – Concerning a request by Daniel Fendley for consideration of an ordinance to zone about 1.19 acres, more or less, of property located at the corner of Dalton Pike and 20th Street from Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes a portion of Tax Map 057M Group B Parcel 018.00 (Planning Commission: Approved 7-0; 2 absent) (p. 41-43) f. Final Passage - Zoning Ordinance 2024-17 – Concerning a request by Mike Watson for consideration of an ordinance to zone about 1.01 acres, more or less, of property located at Fredrick Street from CH Highway Commercial to R-3 High Density Single and Multi-Family Zoning District and includes Tax Map 041K Group F Parcel 003.00 (Planning Commission: Approved 7-0; 2 absent) (p. 44-46) g. Final Passage - Zoning Ordinance 2024-19 – Concerning a request by Lynn Jones for consideration of an ordinance to zone about 5.58 acres, more or less, of property located at South Lee Hwy from County FAR to R-1 Single Family Residential Zoning District and includes Tax Map 056 Parcel 092.00 (Planning Commission: Approved 7-0; 2 absent) (p. 47-49) h. Final Passage - Zoning Ordinance 2024-20 – Concerning a request by Jerry Suits for consideration of an ordinance to zone about 113.42 acres, more or less, of property located at Dry Valley Road from County FAR to RA Residential Agricultural Zoning District and includes Tax Map 028 Parcel 048.00 (Planning Commission: Approved 7-0; 2 absent) (p. 50-52). i. Final Passage - Zoning Ordinance 2024-21 – Concerning a request by multiple owners for consideration of an ordinance to zone about 160.15 acres, more or less, of property located at Dry Valley Road from County FAR to RA Residential Agricultural Zoning District and includes Tax Map 028 Parcel 048.03 (Planning Commission: 7-0; 2 absent) (p. 53-55). j. Final Passage - Zoning Ordinance 2024-22 – Concerning a request by Millers Landing Series of Riverstone for consideration of an ordinance to amend PUD 41 to increase the number of single family detached lots from 117 to 123 which is located at Minnis Road and includes Tax 058 Parcel 24.00 (Planning Commission: Approved 6-0; 2 absent; 1 recused) (p. 56-64). k. Final Passage - Ordinance 2024-23– Concerning a request by the City of Cleveland for consideration of an ordinance to amend Title 14, Chapter 2, to add a new Section 3.14 to create regulations for telecommunication facilities located within the public Right-of-Way (Planning Commission: Approved 7-0; 2 absent) (p. 65-75). l. Resolution 2024-47 - Professional Service Agreement with Colliers Valuation & Advisory Services for appraisal of 3rd Street Project (p. 76-82). m. Resolution 2024-48 - Sourcewell Cooperative Agreement with Liftnow for Lift Inspections at Fleet (p. 83-85). n. Resolution 2024-49 - Sourcewell Cooperative Agreement with Kenworth Truck Company for Public Works to purchase a new dump truck in FY2025 (p. 86-89). o. Resolution 2024-50 - Sourcewell Cooperative Agreement with Mitsubishi Caterpillar Forklift American, Inc. for Public Works to purchase a new forklift in FY2025 (p. 90-91). p. Resolution 2024-51 – Authorizing the Mayor to sign a consent to assignment with Wiser Consultants to Haworth-Meyer-Boleyn Professional Engineers, LLC related to the Paul Huff Parkway paving project (p. 92-95). q. Contract Extension – Plumbing Services for an additional one-year term with Troy Goodaker Plumbing (p. 96). r. Surplus – Declaring a 1999 GMC Dump Truck for Parks and Recreation and to be sold on GovDeals (p. 97). s. Bid Report – Street Paving (p. 98).  t. Resolution 2024-52 – Authorizing the Mayor to sign a general maintenance agreement with TDOT related to the electronic over height warning system near Parker Street NE to near Wildwood Avenue. (p. 99-105). u. Resolution 2024-53 – Authorizing the Mayor to sign an agreement with TDOT to utilize the on-call CEI Services related to PIN 123116.01 for sidewalk improvements along Gaut Street, Inman Street, and Dooley Street (p. 106-112). v. Resoltuion 2024-54 – Approving the issuances by the Health Educational and Housing Facility Board of the City of Chattanooga, for the purpose of financing and refinancing the acquisiting, construction, improvement, renovation and equipping of certain health care facilities located or to be located in the City of Cleveland that will be owned and operated by Erlanger Health (p. 113-115). w. Resolution 2024-55 – Authorizing the Mayor to sign a grant contract with the Tennessee Department of Finance and Administration related to the State’s Cybersecurity Grant Program (p. 116-141). x. Resolution 2024-56 – Approving the proposal from Facility Systems Consultants, LLC for elecdtrical engineering design services related to the City Hall Underground Electirc Conversion project (p. 142-146). y. Resolution 2024-57 - Interlocal agreement Buchanan Road from FAR/Unincorporated County to PUD50 Planning Unit Development and includes Tax Map 065 Parcels 040.00 and 044.00 (p. 147-160). z. Final Passage – Zoning Ordinance 2024-11 – Concerning a request by Ryan Wampler for consideration of an ordinance to zone about 17.5 acres, more or less, of property located at Buchanan Road from FAR/Unincorporated County to PUD 50 Planned Unit Development and includes Tax Map 065 Parcels 040.00 and 044.00 (Planning Commission: Approved 7-1; 1 recused) (p. 161-169). aa. Motion – Modifiying the speed limit to 25mph on Westover Drive (p. 170). bb. Motion – Settlement Agreement with the State of TN and Acadia (p. 171). cc. Appointment – Health and Education Facilities Board and the City Industrial Development Board. 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman Cassada b. Councilman May c. Councilman Hughes d. Councilman Webb e. Vice Mayor Johnson f. Councilwoman McKenzie g. Councilman Estes 10. NEW BUSINESS AND ORDINANCES a. Motion – Council appointment to the Cleveland Utilities Authority for a term to expire June 30, 2025. (Councilman Dale Hughes term expires June 30, 2024) b. Motion - Approval of Johnston Park Redesign (p. 172). c. Resolution 2024-58 – Concerning a request by Lynn Jones for consideration of a Plan of Service for about 87.5 acres, more or less, for property located at the corner of Michigan Avenue Rd and Wilkinson Rd. and includes Tax Map 043 Parcel 021.00 (Planning Commission: Approved 8-0; 1 recused) (p. 173-183). d. Resolution 2024-59 –Concerning a request by Lynn Jones for consideration of a resolution to annex about 87.5 acres, more or less, for property located at the corner of Michigan Avenue Rd and Wilkinson Rd. and includes Tax Map 043 Parcel 021.00 (Planning Commission: Approved 8-0; 1 recused) (p. 184-193). e. Zoning Ordinance 2024-24 – Concerning a request by Lynn Jones for consideration of an ordinance to zone about 87.5 acres, more or less, for property located at the corner of Michigan Avenue Rd and Wilkinson Rd. from unincorporated County to PUD51 and includes Tax Map 043 Parcel 021.00 (Planning Commission: Approved 8-0; 1 recused) (p. 194-199). f. Resolution 2024-60 – Concerning a request by Lydia Nascimento for consideration of a Plan of Service for about .24 acres, more or less, for property located at Young Road and includes Tax Map 66H Group F Parcel 010.02 (Planning Commission: Approved 9-0) (p. 200-209). g. Resolution 2024-61 – Concerning a request by Lydia Nascimento for consideration of a resolution to annex about .24 acres, more or less, for property located at Young Road and includes Tax Map 66H Group F Parcel 010.02 (Planning Commission: Approved 9-0) (p. 210-218). h. Zoning Ordinance 2024-25 – Concerning a request by Lydia Nascimento for consideration of an ordinance to zone about .24 acres, more or less, for property located at Young Road from unincorporated County to R-1 Single Family residential and includes Tax Map 66H Group F Parcel 010.02 (Planning Commission: Approved 9-0) (p. 219-220). i. Zoning Ordinance 2024-26 – Concerning a request by CT Properties for consideration of an ordinance to zone about 1.71 acres, more or less, of property located at 18th Street NW from R-1 Single Family Residential Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes a Tax Map 049C Group J Parcel 026.00 (Planning Commission: Approved 9-0) (p. 221-224). j. Zoning Ordinance 2024-27 – Concerning a request by Southeast Land Trust for consideration of an ordinance to zone about 1.15 acres, more or less, of property located at Old Tasso Rd. NE from IL Light Industrial to R2 Low Density Single and Multi-Family and includes a portion of Tax Map 050 Parcel 001.07 (Planning Commission: Approved 9-0) (p. 225-228).  k. Resolution 2024-62 – Concerning a request by Mr. Bowers for consideration of a proposed Plan of Service for a requested annexation by referendum for about 57 acres, more or less, of property located at Interchange Drive and includes Tax Map 056 Parcel 005.00 (Planning Commission: Approved 9-0) (p. 229-241). l. Resolution 2024-63 – Concerning a request by Mr. Bowers for consideration of a proposed Plan of Service for a requested annexation by referendum for about 57 acres, more or less, of property located at Interchange Drive and includes Tax Map Tax Map 048 Parcel 082.00 (Planning Commission: Approved 9-0) (p. 242-250). m. Ordinance 2024-28 – Concerning a request by City of Cleveland to amend multiple areas of section 5.0 of the sign ordinance pertaining to temporary signage type and heights (Planning Commission: Approved 9-0) (p. 251-259). n. Ordinance 2024-29 – Concerning a request by Phoenix Cleveland TN Industrial Investors for consideration of an ordinance to zone about 3.37 acres, more or less, of property located at 455 Inman Street E from CBD Central Business District to CH Highway Commercial and includes Tax Map 057D Group E Parcel 020.00 (Planning Commission: Denied 7-0; 2 absent) (p. 260-262) o. Ordinance 2024-30 – Concerning a request by Phoenix Cleveland TN Industrial Investors for consideration of an ordinance to zone about 1.00 acres, more or less, of property located at 601 8th Street from CBD Central Business District to IL Light Industrial and includes Tax Map 058H Group C Parcel 027.00 (Planning Commission: Denied 7-0; 2 absent) (p. 263-265). p. Ordinance 2024-31 – Amending various sections of Title 12 of the Cleveland Municipal Code to add a Technology Fee (p. 266-267). q. Resolution 2024-64 – Adding a Technology Fee to various Planning and Zoning Fees (p. 268). r. Land Bank Authority Board Appointment 11. ANNOUNCEMENTS a. Nominees for the Urban Growth Committee are as follows: Kevin Brooks, City Mayor; Ken Webb, City Council; Jonathan Jobe, City Staff. b. City Offices will be closed Wednesday, June 19, 2024 in observance of Juneteenth. c. The next City Council meeting will be held on Monday, June 24, 2024. 12. ADJOURNMENT