Cleveland City Council

City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, October 28, 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 – September 23, 2024 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Proclamation - Breast Cancer Awareness Month b. Proclamation – Fire Safety Month c. Swearing In of Mark Chaney 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning a request by Ben Moore (trustee) for consideration of an ordinance to amend PUD 44 to include townhomes in place of an apartment complex and includes Tax Map 041F Group D Parcel 006.00 (Planning Commission: Approved 8-0; 1 absent) (p. 2-3). b. Public Hearing – To hear public comments concerning a request by Gary Waters for consideration of a resolution to adopt a Plan of Service, a resolution to annex, and an ordinance to zone about 10.99 acres, more or less, for property located at Lewis Street and includes Tax Map 056 Parcels 083.00 and 084.00 and Tax Map 058B Group C Parcel 010.00 (Planning Commission: Approved 8-0; 1 absent) (p. 4-5). c. Public Hearing – To hear public comments concerning a request by Phoenix Investors for consideration of a resolution to adopt a Plan of Service, a resolution to annex, and an ordinance to zone about 14.87 acres, more or less, for property located at King Street and Buchanan Road includes Tax Map 065E Group F Parcel 011.00 and Tax Map 065E Group C Parcel 001.00 (Planning Commission: Approved 8-0; 1 absent) (p. 6-7). 7. CONSENT AGENDA a. Final Passage - Zoning Ordinance 2024-52 - An ordinance to zone about .13 acres, more or less, of property located at 922 Wildwood Avenue from CH Highway Commercial Zoning District to MU Mixed Use Zoning District and includes Tax Map 057E Group P Parcel 001.00 (Planning Commission: Approved 6-0; 3 absent) (p. 8-10). b. Final Passage - Zoning Ordinance 2024-53 – An ordinance to zone about 10.94 acres, more or less, of property located at Pleasant Grove Church Road from CH Highway Commercial to PUD57 Zoning District and includes Tax Map 056 Parcel 051.10 (Planning Commission: Approved 6-0; 3 absent) (p. 11-17). c. Final Passage - Zoning Ordinance 2024-54 - An ordinance to zone about 157.03 acres, more or less, for property located at Brymer Creek Road, Johnston School Road, and Mason Road from FAR unincorporated county to PUD56 Zoning District and includes Tax Map 056 Parcels 083.00 and 084.00 and Tax Map 064 Parcels 002.00, 002.02, and 001.04 (Planning Commission: Approved 6-0; 3 absent) (p. 18-30). d. Final Passage - Zoning Ordinance 2024-55 – An ordinance to zone about 19.07 acres, more or less, for property located on Johnston School Road from FAR unincorporated county to RA Residential Agricultural Zoning District and includes Tax Map 064 Parcels 002.02, a portion of Tax Map 064 Parcel 002.00 and a portion of Tax Map 056 Parcel 083.00 (Planning Commission: Approved 6-0; 3 absent ) (p. 31-32). e. Final Passage - Zoning Ordinance 2024-56 – An ordinance to zone about 2.86 acres, more or less, for property located at Blue Springs Road from FAR unincorporated county to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 065J Group A Parcels 020.00 and 021.00 (Planning Commission: Approved 6-0; 3 absent) (p. 33-35). f. Resolution 2024-116 – Authorizing the City to purchase trash receptacles for the downtown area through a cooperative purchasing agreement (p. 36-40). g. Resolution 2024-117 – Accepting Coleman Drive and Maddie Drew Lane in the Miller’s Landing Subdivision as city streets (p. 41-43). h. Resolution 2024-118 – Authorizing the Mayor to sign a Contribution in Aid Agreement with Cleveland Utilities to convert overhead utility line at the intersection of Edwards St NE at Inman Street (p. 44-47). i. Resolution 2024-119 – Approving a Subrecipient Agreement with City Fields to use CDBG funds for Down Payment Assistance to 4 qualified homebuyers (p. 48-61). j. Resolution 2024-120 – Approving a Subrecipient Agreement with Habitat for Humanity to uses CDBG funds for Down Payment Assistance to 6 qualified homebuyers (p. 62-75). k. Resolution 2024-121 – Authorizing the Mayor to sign a Relocation of Sewer Line Agreement with Cleveland Utilities related to the Williams Drive Detention Basin project (p. 76-87). l. Resolution 2024-122 – Authorizing the Mayor to sign an agreement with S&ME to provide professional engineering services for Phase 2 site assessment and activities associated with the former Whirlpool property (p. 88-113). m. Motion – Authorizing the Mayor to sign an addendum with City Fields related to the ARP contract (p. 114-115). n. Motion – Authorizing the Mayor to sign a Recruitment Agreement with Aviation Search Group, LLC for a Jetport Director (p. 116-118).  o. Bid Report – Central Avenue Sidewalk Project (p. 119). p. Change Order – Approving Change Order #1 with Chazler, Inc related to Jim Sharp Park bathroom construction (p. 120-125). q. Surplus Property – Declaring a 2000 Ferrar Fire Apparatus as surplus and to be sold (p. 126). r. Motion – Acknowleding membership to the U.S. EPA Brownfields Assessment Grant Coalition created by the Southeast Tennessee Development District (p. 127-128). s. Motion – Giving the Greater Clevleand Soccer Association 6-month notice, as described in the current agreement, and to allow all parties to negotiate a new agreement before July 1, 2025 (p. 129). t. Appointment – Board of Zoning Appeals – Kathy Rohsenberger u. Bid Report – Metal Building Purchase (p. 130). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman Estes b. Councilman Cassada c. Councilman May d. Councilman Goff e. Councilman Webb f. Councilman Moore g. Councilwoman McKenzie 10. NEW BUSINESS AND ORDINANCES a. Appointment of Vice Mayor for a two-year term. b. Zoning Ordinance 2024-57 – An ordinance to amend PUD 44 to include townhomes in place of an apartment complex and includes Tax Map 041F Group D Parcel 006.00 (Planning Commission: Approved 8-0; 1 absent) (p. 131-137). c. Resolution 2024-122 – A resolution to consider a Plan of Service for about 10.99 acres, more or less, for property located at Lewis Street and includes Tax Map 056 Parcels 083.00 and 084.00 and Tax Map 058B Group C Parcel 010.00 (Planning Commission: Approved 8-0; 1 absent) (p. 138-148). d. Resolution 2024-123 – A resolution to annex about 10.99 acres, more or less, for property located at Lewis Street and includes Tax Map 058B Group C Parcel 010.00 (Planning Commission: Approved 8-0; 1 absent) (p. 149-157). e. Zoning Ordinance 2024-58 - An ordinance to zone about 18 acres, more or less, for property located at Lewis Street from FAR unincorporated county/MU Mixed Use Zoning District to PUD Planned Unit of Development 58 Zoning District and includes Tax Map 058B Group C Parcel 010.00 and 011.00 (Planning Commission: Approved 8-0; 1 absent) (p. 158-162).  f. Resolution 2024-124 – A resolution to consider a Plan of Service for about 14.87 acres, more or less, for property located at King Street and Buchanan Road includes Tax Map 065E Group F Parcel 011.00 and Tax Map 065E Group C Parcel 001.00 (Planning Commission: Approved 8-0; 1 absent) (p. 163-174). g. Resolution 2024-125 – A resolution to annex about 14.87 acres, more or less, for property located at King Street and Buchanan Road and includes Tax Map 065E Group F Parcel 011.00 and Tax Map 065E Group C Parcel 001.00 (Planning Commission: Approved 8-0; 1 absent) (p. 175-185) h. Zoning Ordinance 2024-59 - An ordinance to zone about 14.87 acres, more or less, for property located at King Street and Buchanan Road from I-1 unincorporated county to PUD Planned Unit of Development 59 and includes Tax Map 065E Group F Parcel 011.00 and Tax Map 065E Group C Parcel 001.00 (Planning Commission: Approved 8-0; 1 absent) (p. 186-191). i. Zoning Ordinance 2024-60 – Concerning a request by Scott Taylor for consideration of an ordinance to zone about 4.93 acres, more or less, of property located at 9227 Frontage Road from RA to CH Highway Commercial and includes Tax Map 014 Parcel 051.00 (Planning Commission: Approved 6-0; 2 absent) (p. 192-194). j. Cherokee Historic Tax Credits k. Mayoral Appointments l. Scheduling of November Council Meeting. 11. ANNOUNCEMENTS a. The next City Council meeting will be held on Monday, November 25, 2024 b. Holiday Schedule: Following Tennessee State Government Holiday Office Closure Schedule, City offices will be closed as follows: • Monday, November 11, 2024 in observance of Veterans Day. The November 11 City Council meeting will be cancelled. • Thursday, November 28 and Friday, November 29 due to the Thanksgiving Holiday. • Tuesday, December 24 and Wednesday, December 25 for the Christmas Holiday. The December 23 Council meeting will be cancelled. • Tuesday, December 31 and Wednesday, January 1, 2025 for the New Year’s Holiday. 12. ADJOURNMENT