Cleveland City Council

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, August 12, 2024 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Recognizing MTAS Intern Hunter Fowler for her service to the City b. Skate Park c. Fran Green with the Bradley County Election Commission 2. CITY MANAGER REPORT a. 3rd Street Corridor Community Meeting August 19 from 5-7p.m. b. Discussion of 3rd Street Corridor Plan and Future Process c. Greenway Safety Lighting and Aware Command Center 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, August 12, 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 – July 22, 2024 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Presentation by the Cleveland Lions Club – Melvin Jones Award. 6. HEARING PETITIONS AND COMMUNICATIONS a. 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 PUD Planned Unit Development and includes Tax Map 057D Group E Parcel 020.00 (Planning Commission: Approved 6-1; 2 absent) (p. 2-4). b. Public Hearing - To hear public comments concerning a request by Barry Clark for consideration of a Plan of Service, a resolution to annex, and an ordinance to zone about 9 acres, more or less, for property located at Benton Pike NE from R-3/FAR to PUD53 and includes Tax Map 050N Group B Parcel 009.00 (Planning Commission: Planning Commission: Approved 7-0; 2 absent) (p. 5-6). c. Public Hearing – To hear public comments concerning a request by Morgan Lane for consideration of an ordinance to amend PUD 37 site plan to add 20 townhome units to the Minnis Road portion of the development (Planning Commission: Approved 7-0; 2 absent) (p. 7-8). d. Public Hearing – To hear public comments concerning a request by City of Cleveland concerning a resolution recommending adoption of the Municipal Urban Growth Boundary to be proposed to the Urban Growth Boundary Committee (p. 9). 7. CONSENT AGENDA a. Final Passage - Zoning Ordinance 2024-34 – Concerning a request by John Porte for consideration of an ordinance to zone about .49 acres, more or less, of property located at Old Tasso Rd from R-2 and IL Zoning District to CG General Commercial Zoning District and includes a Tax Map 050 Parcel 001.09 (Planning Commission: Approved 7-0; 2 absent) (p. 10-12). b. Final Passage - Ordinance 2024-35 – Amending Title 14, Chapter 2, Zoning Regulations by revising Section 2.10.2 and Table 1 to add auto sales as a conditional use to the CG General Commercial Zoning District (Planning Commission: Approved 7-0; 2 absent) (p. 13-14). c. Final Passage - Zoning Ordinance 2024-36 – Concerning a request by Brandon McDonald for consideration of an ordinance to zone about 2.8 acres, more or less, of property located Robin Hood Dr. NW from RA/R3/IGC Zoning District to PUD 14 and includes Tax Map 034H Group M Parcel 008.00 (Planning Commission: Approved 7- 0; 2 absent) (p. 15-17). d. Final Passage - Zoning Ordinance 2024-37 – Concerning a request by Joel Simpkins for consideration of an ordinance to zone about 1.02 acres, more or less, of property located on North Ocoee Street from CH Highway Commercial to MU Mixed Use and includes Tax Map 050A Group O Parcel 002.10 (Planning Commission: Approved 7-0; 2 absent) (p. 18-20). e. Final Passage - Zoning Ordinance 2024-38 – 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 PUD52 and includes Tax Map 057D Group E Parcel 020.00 (Planning Commission: Approved 6-1; 2 absent) (p. 21-29). f. Resolution 2024-83 – Accepting Dalton Way (approximately 220 linear feet in length) as a city street (p. 30-33). g. Resolution 2024-84 – Authorizing the City to purchase through the Master Intergovernmental Cooperative Purchasing Agreement #230806 (Johnston Park Christmas Tree) (p. 34-35). h. Resolution 2024-85 – Authorizing the Mayor to sign amendment 1 with TDOT for the multi-use path along 25th Street from Georgetown Road to Peerless Road PIN 130251.00 (p. 36-40). i. Resolution 2024-86 – Authorizing the Mayor to sign a proposal with TDOT related to the intersection improvement project at 25th and Ocoee Street (PIN 109276.00) (p. 41-48). j. Resolution 2024-87 – Authorizing participation in the Judy Housley Safety Partners matching grant program with Public Entities (p. 49-50). k. Resolution 2024-88 – Approving a proposal from S&ME for professional engineering services for Phase One Environmental Site Assessment of the former Whirlpool industrial site (p. 51-72). l. Motion – Approving a one-year contract extension for drug and alcohol testing with Physician Services (p. 73). m. Appointment – Animal Shelter Board – Dr. Kelsey Yates for a 3-year term to expire April 2027 (p. 74). n. Reappointment – Historic Commission – P.J. McKay for an additional 4-year term to expire June 2028.  o. Reappointments – Shade Tree Board - Matt Coleman, Milan Blake, Ray Garner, Sr., and Tim Henderson to the Shade Tree Board for additional 2-year terms to expire August 2026. p. Motion – Inman Street Design and Closure of Worth Street at Inman Street (p. 75). q. Motion – Approval of Purchase Agreement with Phoenix Cleveland TN Industrial Investors LLC (p. 76-114). r. Motion – Approving an agreement with M3 Technology for A/V technology upgrades for the new City Council Building (p. 115-128). s. Motion – Cherokee Civic Center Appropriation (p. 129). 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. Ordinance 2024-39 – Amending the Cleveland Municipal Code Title 18, Chapter 3, MS4 Phase II Stormwater Management Program to meet TDEC permit requirements (p. 130-198). b. Resolution 2024-89 - Concerning a request by Barry Clark for consideration of a Plan of Service for about 9 acres, more or less, for property located at Benton Pike NE and includes Tax Map 050N Group B Parcel 009.00 (Planning Commission: Approved 7-0; 2 absent) (p. 199-208). c. Resolution 2024-90 – Concerning a request by Barry Clark for consideration of a resolution to annex about 9 acres, more or less, for property located at Benton Pike NE and includes Tax Map 050N Group B Parcel 009.00 (Planning Commission: Approved 7-0; 2 absent) (p. 209-217). d. Zoning Ordinance 2024-40 – Concerning a request by Barry Clark for consideration of an ordinance to zone about 9 acres, more or less for property located at Benton Pike NE from R3/FAR to PUD53 and includes Tax Map 050N Group B Parcel 009.00 (Planning Commission: Approved 7-0; 2 absent) (p. 218-225). e. Zoning Ordinance 2024-41 – Concerning a request by Morgan Lane for consideration of an ordinance to amend PUD 37 site plan to add 20 townhome units to the Minnis Road portion of the development (Planning Commission: Approved 7-0; 2 absent) (p. 226-234).  f. Ordinance 2024-42 – Amending the Cleveland Municipal Code Title 13, Chapter 1 to add Section 13-108 to establish the requirements for storage of tires within the city limits of Cleveland (p. 235-237). g. Ordinance 2024-43 – Amending the Cleveland Municipal Code Title 16, to add a new Chapter 5 to establish the requirements for obtaining a driveway permit for residential and commercial lots within the city limits of Cleveland (p. 238-240). h. Bid Report – Cherokee Civic Center Project (p. 241). i. Bid Report – Emergency Shelter (p. 242). 11. ANNOUNCEMENTS a. The next City Council meeting will be held on Monday, August 26, 2024. The Work Session will begin at 1:30 p.m. b. Monday – August 26th from 12 p.m.- 1:30 p.m. Cleveland Police Department Community Room; Farewell Event for Vice Mayor Avery Johnson and Councilman Dale Hughes. c. CCTC public hearing will be held August 26th at 5:00 p.m. d. City Council meeting for Monday, September 9, 2024 will be held at the Museum Center – 3:00 Session Only (Presentation of Certificates of Election) 12. ADJOURNMENT