Cleveland City Council

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, August 26, 2024 1:30 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Proclamation for Childhood Pediatric Cancer Month 2. CITY MANAGER REPORT 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Vice Mayor Johnson b. Councilwoman McKenzie c. Councilman Estes d. Councilman Cassada e. Councilman May f. Councilman Hughes g. Councilman Webb 5. ANNOUNCEMENTS 6. ADJOURNMENT  City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, August 26, 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 – August 12, 2024 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Special Presentation – Vice Mayor Avery Johnson b. Special Presentation – Couniclman Dale Hughes 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing - Concerning a request by Don Jacobsen for consideration of an ordinance to zone about .18 acres, more or less, of property located at 150 Lowery Street from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group F Parcel 003.00 (Planning Commission: Approved 8-0; 1 absent) (p. 2-3). b. Public Hearing - Concerning a request by Don Jacobsen for consideration of an ordinance to zone about .86 acres, more or less, of property located at Lowery Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group H Parcel 017.00 (Planning Commission: Approved 8-0; 1 absent) (p. 4-5). c. Public Hearing - Concerning a request by Joseph Parker for consideration of a Plan of Service, a resolution to annex, and an ordinance to zone about .77 acres, more or less, for property located at 3210 Tonia Drive from R-1 unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 056F Group A Parcel 003.00 (Planning Commission: Approved 8-0; 1 absent) (p. 6-8). d. Public Hearing - Concerning a request by FB&J Enterprises for consideration of a Plan of Service, a resolution to annex, and an ordinance to zone about 35 acres, more or less, for property located at Freewill Road from FAR unincorporated county to PUD54 Zoning District and includes Tax Map 041 Parcel 047.01 and 047.02 (Planning Commission: Approved 6-0; 1 absent, 2 recused) (p. 9-11).  e. Public Hearing - Concerning a request by CT Properties for consideration of a Plan of Service, a resolution to annex, and an ordinance to zone about 1.39 acres, more or less, for property located at New Murraytown Road from FAR unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 040 Parcel 024.08 (Planning Commission: Approved 8-0; 1 absent) (p. 12-14). f. Public Hearing - Concerning a request by Eldredge’s and O’Neal’s for consideration of a Plan of Service, a resolution to annex, and an ordinance to zone about 22 acres, more or less, for property located at North Lee Highway from FAR unincorporated county/RA Residential Agricultural to PUD55 Zoning District and includes Tax Map 034 Parcel 025.02 (Planning Commission: Approved 7-0; 1 absent, 1 recused) (p. 15-17). g. Public Hearing - Concerning a request by City of Cleveland for consideration of an ordinance to amend Title 14, Chapter 2, Section 2.12.2 Conditional Uses to remove automobile sales as a conditional use in the Central Business District (Planning Commission: Approved 8-0; 1 absent) (p. 18-19). h. Public Hearing - Concerning a request by Jones Properties for consideration of an ordinance to zone about 1.48 acres, more or less, of property located 500 Stuart Road from CH Highway Commercial to R-3 High Density Single and Multi-Family Zoning District and includes Tax Map 042G Group J Parcel 003.01 (Planning Commission: Approved 8-0; 1 absent) (p. 20-21). 7. CONSENT AGENDA a. Final Passage - Ordinance 2024-39 – Amending the Cleveland Municipal Code Title 18, Chapter 3, MS4 Phase II Stormwater Management Program to meet TDEC permit requirements (p. 22-25). b. Final Passage - 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. 26-34). c. Final Passage - 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. 35-43). d. Final Passage - 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. 44-46). e. Final Passage - 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. 47-49).  f. Resolution 2024-91 – Authorizing the City’s IT Department to purchase equipment, products and services through the Master Intergovernmental Cooperative Purchasing Contract #01-196 between Promark Technology, Inc. and Omnia Partners (p. 50-51). g. Resolution 2024-100 – Adopting the RAISE 21 Plan as model for future infrastructure improvements and redevelopment (p. 52-53). h. Resolution 2024-101 – Approving a resolution recommending adoption of the Municipal Urban Growth Boundary amendment proposal for the Bradley County Growth Boundary Coordinating Committee (p. 54-56). i. Bid Report – Johnston Park Brick Project (p. 57). j. Bid Report – Crosswalk Surface System (p. 58). k. Surplus Property – Declaring surplus property for 1 Police vehicle (to be used for Fire Department training) and 2 Public Works vehicles (1 to be sold on GovDeals and 1 scraped) as requested by Fleet Management (p. 59). l. Bid Report – Homeless/Emergency Shelter (p. 60). m. Motion - Approving an agreement with M3 Technology for A/V technology for the new City Hall Building (p. 61-71). n. Motion – Authorizing staff to apply for a Recreation Service Grant through Blue Cross/Blue Shield (p. 72). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Vice Mayor Johnson b. Councilwoman McKenzie c. Councilman Estes d. Councilman Cassada e. Councilman May f. Councilman Hughes g. Councilman Webb 10. NEW BUSINESS AND ORDINANCES a. Zoning Ordinance 2024-44 - Concerning a request by Don Jacobsen for consideration of an ordinance to zone about .18 acres, more or less, of property located at 150 Lowery Street from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group F Parcel 003.00 (Planning Commission: Approved 8-0; 1 absent) (p. 73-75). b. Zoning Ordinance 2024-45 - Concerning a request by Don Jacobsen for consideration of an ordinance to zone about .86 acres, more or less, of property located at Lowery Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group H Parcel 017.00 (Planning Commission: Approved 8-0; 1 absent) (p. 76-78). c. Resolution 2024-92 - Concerning a request by Joseph Parker for consideration of a Plan of Service for about .77 acres, more or less, for property located at 3210 Tonia Drive and includes Tax Map 056F Group A Parcel 003.00 (Planning Commission: Approved 8-0; 1 absent) (p. 79-88). d. Resolution 2024-93 - Concerning a request by Joseph Parker for consideration of a resolution to annex about .77 acres, more or less, for property located at 3210 Tonia Drive and includes Tax Map 056F Group A Parcel 003.00 (Planning Commission: Approved 8-0; 1 absent) (p. 89-97). e. Zoning Ordinance 2024-46 - Concerning a request by Joseph Parker for consideration of an ordinance to zone about .77 acres, more or less, for property located at 3210 Tonia Drive from R-1 unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 056F Group A Parcel 003.00 (Planning Commission: Approved 8-0; 1 absent) (p. 98-99). f. Resolution 2024-94 - Concerning a request by FB&J Enterprises for consideration of a Plan of Service for about 35 acres, more or less, for property located at Freewill Road and includes Tax Map 041 Parcel 047.01 and 047.02. (Planning Commission: Approved 6-0; 1 absent, 2 recused) (p. 100-111). g. Resolution 2024-95 - Concerning a request by FB&J Enterprises for consideration of a resolution to annex about 35 acres, more or less, for property located at Freewill Road and includes Tax Map 041 Parcel 047.01 and 047.02 (Planning Commission: Approved 6-0; 1 absent, 2 recused) (p. 112-122). h. Zoning Ordinance 2024-47 - Concerning a request by FB&J Enterprises for consideration of an ordinance to zone about 35 acres, more or less, for property located at Freewill Road from FAR unincorporated county to PUD54 Zoning District and includes Tax Map 041 Parcel 047.01 and 047.02 (Planning Commission: Approved 6-0; 1 absent, 2 recused) (p. 123-128). i. Resolution 2024-96 - Concerning a request by CT Properties for consideration of a Plan of Service for about 1.39 acres, more or less, for property located at New Murraytown Road and includes Tax Map 040 Parcel 024.08 (Planning Commission: Approved 8-0; 1 absent) (p. 129-139). j. Resolution 2024-97 - Concerning a request by CT Properties for consideration of a resolution to annex about 1.39 acres, more or less, for property located at New Murraytown Road and includes Tax Map 040 Parcel 024.08 (Planning Commission: Approved 8-0; 1 absent) (p. 140--148). k. Zoning Ordinance 2024-48 - Concerning a request by CT Properties for consideration of an ordinance to zone about 1.39 acres, more or less, for property located at New Murraytown Road from FAR unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 040 Parcel 024.08 (Planning Commission: Approved 8-0; 1 absent) (p. 149-150). l. Resolution 2024-98 - Concerning a request by Eldredge’s and O’Neal’s for consideration of a Plan of Service for about 22 acres, more or less, for property located at North Lee Highway and includes Tax Map 034 Parcel 025.02 (Planning Commission: Approved 7-0; 1 absent, 1 recused) (p. 151-161).  m. Resolution 2024-99 - Concerning a request by Eldredge’s and O’Neal’s for consideration of a resolution to annex about 22 acres, more or less, for property located at North Lee Highway and includes Tax Map 034 Parcel 025.02 (Planning Commission: Approved 7-0; 1 absent, 1 recused) (p. 162-170). n. Zoning Ordinance 2024-49 - Concerning a request by Eldredge’s and O’Neal’s for consideration of an ordinance to zone about 22 acres, more or less, for property located at North Lee Highway from FAR unincorporated county/RA Residential Agricultural to PUD55 Zoning District and includes Tax Map 034 Parcel 025.02 (Planning Commission: Approved 7-0; 1 absent, 1 recused) (p. 171-177). o. Ordinance 2024-50 – Amending the Cleveland Municipal Code Title 14, Chapter 2, Section 2.12.2 Conditional Uses, to remove automobile sales as a conditional use in the Central Business District (Planning Commission: Approved 8-0; 1 absent) (p. 178-179). p. Zoning Ordinance 2024-51 - Concerning a request by Jones Properties for consideration of an ordinance to zone about 1.48 acres, more or less, of property located 500 Stuart Road from CH Highway Commercial to R-3 High Density Single and Multi-Family Zoning District and includes Tax Map 042G Group J Parcel 003.01 (Planning Commission: Approved 8-0; 1 absent) (p. 180-182). 11. ANNOUNCEMENTS a. Public Hearing – CCTC will be August 26th at 5:00 p.m. b. City Offices will be closed on Monday, September 2, 2024 in observance of Labor Day. c. City Offices will be closed Monday, October 14, 2024 in observance of Columbus Day. The City Council meeting will be cancelled. d. The next City Council meeting will be held on Monday, September 9, 2024 at the Museum Center – 3:00 session only (Presentation of Certificates of Election) 12. ADJOURNMENT