Cleveland City Council

p. 870 REGULAR SESSION JULY 27, 2020 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JULY 27, 2020 AT 3:00 P.M. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 16, THIS MEETING WAS CONDUCTED ELECTRONICALLY AND LIVE STREAMED ON THE CITY’S FACEBOOK PAGE IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE. THERE WAS NOT BE A PHYSICAL LOCATION FOR THE MEETING. PRIOR TO THE MEETING, ANY QUESTIONS OR COMMENTS WERE SUBMITTED TO THE CITY MANAGER’S OFFICE. Presiding was Mayor Kevin Brooks. Also present on the virtual meeting line were Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb and Vice Mayor Avery Johnson. In attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kris Miller, IT Director; Beverley Lindsey, Assistant to the City Manager; Corey Divel, Assistant to the City Manager/ Communications Coordinator/Downtown Coordinator/Senior Planner. Also, on the line wither various staff members, Department Heads, City Attorney John Kimball, Herbert McGinnis; Candace Marchant and Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag by Councilman Cassada and prayer by Vice Mayor Avery Johnson, the following business was then entered into: WAIVE READING OF MINUTES Councilman May moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on June 22, 2020 and approve them as written. The motion was seconded by Vice Mayor Johnson; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Mayor Brooks read the following proclamation. PROCLAMATION July is National Park and Recreation Month WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the City of Cleveland; and WHEREAS, our parks and recreation are vitally important to establishing and maintaining the quality of life in our community, and contributing to the economic and environmental well-being of our community and region; and WHEREAS, parks and recreation areas are fundamental to the environmental well-being of our community; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the City Council of the City of Cleveland has designated July as Parks and Recreation Month; and WHEREAS, the City of Cleveland recognizes the benefits derived from parks and recreation resources; and WHEREAS, the City of Cleveland recognizes the hard work and dedication our Parks and Recreation Director Patti Petitt and all of Parks and Recreation employees and; p. 871 REGULAR SESSION JULY 27, 2020 PAGE -871- MINUTE BOOK 29 WHEREAS, also recognize those employees who work in extreme weather conditions to keep our parks maintained, clean and safe for our community and; NOW THEREFORE, BE IT RESOLVED BY the Cleveland City Council on this day, the 27th of July, that July is recognized as Park and Recreation Month in the City of Cleveland. ________________________________________ Mayor Kevin Brooks ________________________________________ Attested by: City Clerk Shawn McKay Councilman Hughes congratulated Ms. Petitt and the Parks and Recreation Department employees for their hard work. We have a terrific recreation opportunity in Cleveland. We have the dog park, new tennis courts, new pickleball courts, a newly renovated Deer Park and the new Avery Johnson Park. Thank you to all who do a good job in the recreation area. Councilman Cassada thanked Ms. Petitt and staff for all they do maintaining and keeping the parks clean. Councilman May stated Parks and Recreation is extremely important for the quality of life in Cleveland and appreciates the team we have to make it possible. Vice Mayor Johnson also congratulated the Parks and Recreation staff. The community is pleased with the department and thanks for a job well done. Councilman Webb thanked the department staff and Ms. Petitt as well. Mayor Brooks also congratulated Ms. Petitt and the department. Hebert McGinnis, a resident of North Cleveland Towers spoke against the closure of a portion of Magnolia Avenue, which is one the agenda for final passage. He feels it would be a disservice to the approximately one hundred residents of North Cleveland Towers to close the roadway. Candace Marchant, also a resident of North Cleveland Towers, spoke against the closure of a portion of Magnolia Avenue. She doesn’t feel residents won’t be able to access the transit system nor in case of an emergency an ambulance will take longer accessing the area. Lee is a beautiful university, but the street needs to remain open. CITY MANAGER REPORT Mr. Fivas updated the City Council on the following items: • 80 Church Street Condemnation – the building has been deemed unsafe and the owner has been sent a letter and given 45 days to demolish the structure otherwise the city will step in and demolish it. • Mouse Creek Road Intersection Widening – staff is continuing conversations with adjoining property owners as far as right-of-way acquisition, grading work and hopefully work will be underway in the next couple of months. • 17th/20th Sidewalk Project Initiation – the State has given us the notice to proceed and we will begin the bidding process and hopefully in the next few months the project will be underway and maybe completed by the end of this fiscal year. • Blue Cross/Blue Shield Healthy Places Grant – we have a public hearing listed for this item and to apply for this grant would require a healthy lifestyle component and a shovel ready site. The deadline to apply is August 30 and the Greenway Park has been chosen as the best location because of access to the Greenway. • TDOT Resurfacing Projects for FY2021 – TDOT has notified us they will be paving all of North Ocoee Street from Keith Street to the downtown area then Wildwood Avenue out to Spring Place Road, along with smaller streets in the downtown area. These are major projects and beneficial to our community. • Candies Lane Project Completion – The road was officially opened on July 23 for travel with minor issues to be completed and it will be intermittently closed during those specific times. • Georgetown Road/25th Street Intersection – The road was opened last week, which added two additional turn lanes to help with traffic in the area. • 20th Street Bridge Replacement – We are communicating with TDOT and the contractor to get the bridge opened while minor work is completed. That work was a part of the State’s bridge program and funded 100% by the State. p. 872 REGULAR SESSION JULY 27, 2020 PAGE -872- MINUTE BOOK 29 • On July 31 will be the ribbon cutting for the Tinsley Park pickleball courts at 10 a.m. • Redevelopment Plan for the College Hill/Whirlpool area – we are starting this process and will bring information back before the Council. • August 10th In-Person Work Session beginning at 10 a.m. Times can be scheduled to come and discuss items with the Council as social distancing will be enforced. The Regular Session will be held electronically at 3:00 p.m. Mr. Fivas then reviewed today’s agenda items. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone 25.9 acres, more or less, located at Michigan Ave Rd and 31st St NE (Tax Map 50 Parcel 14.04) from R1 Single Family Residential Zoning District to PUD24 Planned Unit Development Zoning District (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to abandon a portion of unopened right-of-way located off Johnson Blvd between 425 Johnson Blvd and 455 Johnson Blvd (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the abandonment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the abandonment. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning an amendment to section 2.10.2, 2.11.2 and Table 1 of the zoning regulations concerning the use of animal boarding and kennels within the CG General Commercial and CH Highway Commercial Zoning Districts (Planning Commission: Approved 8-0; 1 absent). Mayor Brooks asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the amendment. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the Blue Cross Blue Shield Healthy Places Grant. Mayor Brooks asked if anyone would like to speak concerning the grant. Mr. Fivas stated this grant would be used to make a healthy lifestyle component at Greenway Park with several exercise stations. We will continue to receive public input and listen to any concerns. Councilman Cassada has requested to be excused from the meeting to attend a funeral. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Ordinance No: 2020-22 – heretofore passed on first reading June 22, 2020 and found in Minute Book 29, Page 864; abandoning a section of Magnolia Ave NE located between Billy Graham Ave NE and 13th St NE and a section of 13th St NE between Parker St NE and Magnolia Ave NE (Planning Commission: Approved 8-0; 1 absent). • Resolution No: 2020-48 – Authorizing the City of Cleveland to participate in the Public Entity Partners Safety Partners Matching Grant Program. p. 873 REGULAR SESSION JULY 27, 2020 PAGE -873- MINUTE BOOK 29 RESOLUTION NO: 2020-48 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE PUBLIC ENTITY PARTNERS “SAFETY PARTNERS” MATCHING GRANT PROGRAM. ************************************************************************ WHEREAS, the safety and well being of the employees of the City of Cleveland is of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace for the City of Cleveland employees; and WHEREAS, Public Entity Partners seeks to encourage the establishment of a safe workplace by offering a “Safety Partners” Matching Grant program; and WHEREAS, the City of Cleveland seeks to participate in this important program; BE IT THEREFORE RESOLVED by the City Council that the Mayor is hereby authorized to submit an application for a “Safety Partners” Matching Grant program through the Public Entity Partners; BE IT FURTHER RESOLVED that the City of Cleveland agrees to provide a matching sum to serve as a match for any monies provided by this grant. Adopted this 27th day of July, 2020 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-49 – Amending TDOT Grant contract Z19MPO004 to add Consolidated Planning Grant funds supporting transportation planning activities of the Cleveland MPO. RESOLUTION NO. 2020-49 WHEREAS, the City has received the attached contract amendment number 1 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project description: To add Consolidated Planning Grant funds Contract #: Z19MPO004 WHEREAS, the City Council desires to enter into the attached contract amendment number 1 with TDOT for the Transportation for Long Range Planning funding for the Cleveland Urban Area Metropolitan Planning Organization (MPO) and to further authorize the Mayor to execute the attached contract amendment on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached contract amendment number 1 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] p. 874 REGULAR SESSION JULY 27, 2020 PAGE -874- MINUTE BOOK 29 This 27th day of July, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-50 – Authorizing TDOT change order #2 with Greenstar, LLC related to the Norman Chapel Road project. RESOLUTION NO. 2020-50 WHEREAS, the City of Cleveland and Greenstar, LLC. previously entered into a construction agreement dated July 15, 2019 for the following project: Project: Norman Chapel Road Improvements PIN: 114567.00 State Project Number: 06LPLM-F3-027 Federal Project Number: STP-M-9203(18) Contract Number: R-1-18 WHEREAS, the City has recently received the attached proposed change order #2 to the agreement with Greenstar, LLC., which would raise the total contract amount by $192,292.66; and WHEREAS, based upon the recommendation of City staff, the City Council desires to approve of this change order and to further authorize the Mayor to execute the supplemental agreement incorporating the change order on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached change order #2 to the referenced agreement with Greenstar, LLC., and it further authorizes the Mayor to execute the supplemental agreement incorporating the change order on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 27th day of July, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-51 – Authorizing TDOT change order #3 with Greenstar, LLC related to the Norman Chapel Road project. RESOLUTION NO. 2020-51 WHEREAS, the City of Cleveland and Greenstar, LLC. previously entered into a construction agreement dated July 15, 2019 for the following project: Project: Norman Chapel Road Improvements PIN: 114567.00 State Project Number: 06LPLM-F3-027 Federal Project Number: STP-M-9203(18) Contract Number: R-1-18 p. 875 REGULAR SESSION JULY 27, 2020 PAGE -875- MINUTE BOOK 29 WHEREAS, the City has recently received the attached proposed change order #3 to the agreement with Greenstar, LLC., which would raise the total contract amount by $10,858.10; and WHEREAS, based upon the recommendation of City staff, the City Council desires to approve of this change order and to further authorize the Mayor to execute the supplemental agreement incorporating the change order on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached change order #3 to the referenced agreement with Greenstar, LLC., and it further authorizes the Mayor to execute the supplemental agreement incorporating the change order on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 27th day of July, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-52 – Authorizing contract amendment #1 with CDM Smith, LLC related to the Norman Chapel Road project. RESOLUTION NO: 2020-52 WHEREAS, the City development and engineering department previously determined that it is necessary to obtain professional construction engineering inspection (CEI) services in connection with the City's Norman Chapel Sidewalk Project (hereafter "the Project"); and WHEREAS, in connection with said project, the City's development and engineering department recommended that the City enter into a professional engineering services agreement with CDM Smith, Inc. for these services; and WHEREAS, in connection with said project, the City's development and engineering department is now recommending that the City enter into the attached amendment #1 to the professional engineering services agreement with CDM Smith, Inc.; and WHEREAS, the attached amendment #1 to the professional engineering services agreement with CDM Smith, Inc. will increase the contract price by $71,778; and WHEREAS, the City Council now desires to accept the proposed amendment #1 to the agreement with CDM Smith, Inc. for the referenced project, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached amendment #1 to the existing agreement with CDM Smith, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the amendment on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 27th day of July, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 876 REGULAR SESSION JULY 27, 2020 PAGE -876- MINUTE BOOK 29 • Resolution No: 2020-53 – Authorizing contract amendment #3 with TDOT related to the 17th Street/20th Street project. RESOLUTION NO. 2020-53 WHEREAS, the City has received the attached contract amendment number 3 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project description: Miscellaneous Improvements on 17th Street from SR-2 (Keith Street NW) to SR-74 (Ocoee Street) and 20th Street, from Harle Avenue to Neely Circle PIN # 118870.00 Federal Project #: STP-M-9203(21) State Project #:06LPLM-F3-036 Contract #: 130159 WHEREAS, the City Council desires to enter into the attached contract amendment number 3 with TDOT and to further authorize the Mayor to execute the attached contract amendment on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached contract amendment number 3 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 27th day of July, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-54 – Authorizing the Mayor to sign a sewer easement to Cleveland Utilities related to their Sewer Main Extension project. RESOLUTION NO. 2020-54 WHEREAS, the City of Cleveland is the owner of a parcel of real property located in the City of Cleveland and generally identified as Tax Map 049 001.03; and WHEREAS, in connection with a Sewer Main Extension project, Cleveland Utilities needs to obtain an easement from the City across this parcel of land owned by the City; and WHEREAS, the City Council desires to approve of this sewer easement to Cleveland Utilities and to authorize the Mayor to execute the same on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached sewer easement to Cleveland Utilities. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the easement on behalf of the City of Cleveland. This 27th day of July 2020. p. 877 REGULAR SESSION JULY 27, 2020 PAGE -877- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-55 – Authorizing the submission of a 2021 Multi-Modal Access Grant notice of intent to apply and application to TDOT for multi-modal improvements project along SR60 Georgetown Road. RESOLUTION NO: 2020-55 RESOLUTION TO AUTHORIZE SUBMISSION OF A 2021 MULTI-MODAL ACCESS GRANT NOTICE OF INTENT TO APPLY AND APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION AND AUTHORIZATION OF REQUIRED MATCHING FUNDS FOR MULTI-MODAL IMPROVEMENTS IN THE STATE ROUTE 60 GEORGETOWN ROAD CORRIDOR WHEREAS, the Tennessee Department of Transportation (TDOT) is soliciting applications for its competitive Multi-modal Access (MMA) Grant for multi-modal improvements on state routes, these improvements generally being pedestrian, bicycle, and transit infrastructure; and WHEREAS, it has been determined that a gap exists in the planned and funded multi- modal improvement areas along State Route 60 Georgetown Road in the road segment between Georgetown Road/Westside Drive and Eveningside Drive near Cleveland Middle School; and WHEREAS, it is desirable to submit an MMA Grant application for multi-modal improvements in this area for the maximum state investment of $950,000 with the required local match of $50,000, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Authorizes the Mayor to work with staff to develop and submit all materials necessary for the MMA Grant Notice of Intent to Apply and Application for a multi-modal improvements project along State Route 60 in the gap area identified herein. 2. The MMA grant submission is to be for up to $950,000 and the required city match is approved up to $50,000. 3. The Mayor is authorized to sign all documents necessary to the grant application process described herein. Approved this 27th day of July, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Extension - Extending the contract with Advanced Collision for an additional two-year term for Automotive Paint and Body Service. p. 878 REGULAR SESSION JULY 27, 2020 PAGE -878- MINUTE BOOK 29 • Bid Extension - Extending the contract with Conley Electric for an additional two- year term for Electrical Service/Maintenance. • Bid Extension - Extending the contract with Goodaker Plumbing for an additional two-year term for Plumbing Service/Maintenance. • Surplus Property – Declaring various computer equipment as surplus property and recycled through E-Cyclers. The motion to approve the consent agenda was seconded by Councilman Webb. Councilman Hughes stated he received a call from Janie Patton who stated she was in opposition to the closing of Magnolia Avenue. Councilman Estes stated he is an employee of Lee University and has a conflict of interest, but his vote is his conscience and obligation to his constituents he represents. Also, he received a few calls concerning the closing of Magnolia Avenue, but city staff has previously answered the questions about buses and emergency services still having adequate access with this closure. Vice Mayor Johnson stated he has received numerous calls concerning the closure of all of Magnolia Avenue and asked will the parking lot of the Towers still be accessible. Mayor Brooks asked for clarification of what sections are to be closed and to show the map on the screen that shows the intersection will not be closed. Councilman Webb stated the map in the packet on page 28. Mr. Fivas responded this item has been discussed and analyzed by city staff for a few months for planning and public safety, especially the students. Concerns raised by the residents and they will have full access from all sides of the Towers, 12th Street allows access to Parker Street. Again, this closure is between Billy Graham Ave NE and 13th Street NE and a section of 13th Street NE between Parker St NE and Magnolia Ave NE. Upon roll call to approve the consent agenda, Councilmen Hughes, Webb, Estes, May and Vice Mayor Johnson voted aye. Councilman McKenzie voted no. The motion was 5:1; 1 absent. [The consent agenda must be a unanimous vote.] Councilman Estes then moved to remove final passage of Ordinance No: 2020-22 from the consent agenda and place under new business. The motion was seconded by Councilman May. Upon roll call to remove final passage of Ordinance No: 2020-22 from the consent agenda and place under new business, Councilmen Estes, May, Hughes, Webb, and Vice Mayor Johnson voted aye. Councilman McKenzie voted no. The motion passed 5:1;1 absent. Councilman May then moved to approve the consent agenda without the final passage of Ordinance No: 2020-22. The motion was seconded by Councilman Estes. Upon roll call, Councilmen May, Estes, Hughes, Webb and Vice Mayor Johnson voted aye. Councilman McKenzie abstained. The motion passed 5:0:1. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes thanked city staff on the answers to his questions regarding the Confederate and GAR monuments. Follow-up question, if we could see who has control of the GAR monument, or who controls the land. Secondly, he asked staff to contact MTAS concerning any objective measures they recommend for the City Judgeship appointment. Third, Blythe Old Field residents are wanting to know when the sidewalk project will finish over to the Greenway extension from 18th to 20th and what’s a ballpark timeline. Fourth, he thanked Mr. Myers on the quick answer concerning 18th Street. Lastly, for the Blue Cross Blue Shield grant request, if we can ask Cameron Fisher his thoughts and help with thinking through it, that would help going forward. Councilman Webb stated last Friday, University Square at Tennessee Wesleyan University in Athens was dedicated and named in honor of Larry Wallace. He did a considerable amount of work for the City of Cleveland and wanted to recognize him today. Vice Mayor Johnson stated the 17th and 20th sidewalk project will be to Ocoee Street but what about Mayfield School. Mr. Fivas stated yes, the sidewalks will go along 20th Street they will go past Mayfield School and up the hill to the apartments. p. 879 REGULAR SESSION JULY 27, 2020 PAGE -879- MINUTE BOOK 29 NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Zoning Ordinance No: 2020-23 – Rezoning 25.9 acres, more or less, located at Michigan Ave Rd and 31st St NE (Tax Map 50 Parcel 14.04) from R1 Single Family Residential Zoning District to PUD24 Planned Unit Development Zoning District (Planning Commission: Approved 8-0; 1 absent). ZONING ORDINANCE NO: 2020-23 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO ESTABLISH A PLANNED UNIT DEVELOPMENT (PUD) TO BE KNOWN AS DURKEE RD NE PROPERTY “PUD 24” ON PROPERTY DESCRIBED AS TAX MAP 50 PARCEL 14.04, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 24; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING LISTS OF PERMITTED USES AND PROHIBITED USES; ESTABLISHING DEVELOPMENT STANDARDS AND PROCESSES AND RELATED REQUIREMENTS; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; PROVIDING FOR ERRORS AND OMISSIONS AND POSSIBLE FUTURE REVISIONS TO THE PUD; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE WHEREAS the City of Cleveland, Tennessee, hereinafter “City”, desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter “PUD”, process as an alternative development standard whereby to accomplish such development; and whereas it is intended that the developers of the property or any subsequent owners, shall hereinafter be referred to as “Developers” and; and whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED: Section 1. ZONING PLAN AND MAP AMENDMENT. The zoning plan and map are hereby amended so as to zone the property described in Section 3 herein as “PUD 24” subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 24 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 24 district are those outlined in this ordinance, including requirements for plan approval, and compliance with applicable permitting requirements. Section 2. VIOLATIONS UNLAWFUL AND SUBJECT TO PENALTIES. Any development or use of the property described herein in manner contrary to the terms of this ordinance is a zoning violation and is unlawful, subject to the penalties prescribed by the Cleveland Municipal Code and the laws of Tennessee. Section 3. PROPERTY DESCRIPTION. PUD 24, Meadow Creek Subdivision (name may be revised during the platting process with approval of the Cleveland Municipal Planning, includes property generally identified as Tax Map 50 Parcels 14.04. Exhibit B & C illustrates the overall Meadow Creek Conceptual Plan for the subject property. p. 880 REGULAR SESSION JULY 27, 2020 PAGE -880- MINUTE BOOK 29 Section 4. GENERAL PROJECT DESCRIPTION AND DEVELOPMENT DENSITY. This section is intended to provide a general description of the Meadow Creek Subdivision. The project consists of detached single-family homes on small lots with a large common area primarily located to the east of a tributary Exhibits B & C shows the general location of proposed infrastructure and common areas. In terms of total allowable density, the project shall not exceed one unit per 6000 square feet in any phase of development. The common open space designed within the development may include any permanent retention or detention pond areas or landscaped common area. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 24 Subdivision allows for the construction of up to 75 dwelling units in detached single family houses without amending this ordinance. Streets, sidewalks, drainage structures, fire hydrants, utilities, and the like are allowed. Residential amenities such as a community pool, clubhouse, etc. are allowed in the event that the developer wishes to amend the conceptual plan through the Cleveland Municipal Planning Commission. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 24 that would further restrict the allowable uses within a particular part of the development or from excluding a particular use from the development altogether through the operation of private restrictions or covenants. The location of particular residential uses within the Meadow Creek development will comport with the descriptions of the constituent parts of the development which are conceptually described within Exhibit B & C unless modified by agreement of the Cleveland Municipal Planning Commission. Home occupations permitted in Cleveland’s zoning ordinance are allowed unless prohibited by the Developer. There are no conditional uses within the PUD 24 district. Uses other than those described as permitted or allowed herein are prohibited. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibits B& C) for PUD24, Meadow Creek Subdivision was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on June 16, 2020. The conceptual plan consists of a site plan for the overall development however additional drawings, documents, and permits routinely required for a subdivision are expected for review and approval prior to construction. All development within PUD24 must be consistent with this Conceptual Plan with regard to development standards and general layout unless subsequently modified by agreement of the Cleveland Municipal Planning Commission. Additional plans, plats, and other development-related documents and permits will be necessary to carry out the construction of this project. It is recognized that the plats and site plans for the Meadow Creek Subdivision may ultimately reflect some alteration in the conceptual plan such as the exact location of each specific feature within the development. Other variations may include the width or alignment of streets, or the precise placement of buildings, but these will be generally consistent with the conceptual plan, mutually consistent with one another, and not violate any features of this ordinance as these relate to adjoining properties and infrastructure (e.g. external intersection locations and traffic improvements, buffers with external properties, etc.). All streets within the PUD24 Meadow Creek shall be constructed with adequate ROW to accommodate the installation of sidewalks which shall be installed at the expense of the developer. 6.B. PLATS. One or more plats will be prepared for the PUD24 property by the Developer for approval in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will p. 881 REGULAR SESSION JULY 27, 2020 PAGE -881- MINUTE BOOK 29 describe and dedicate public streets any other public properties; identify lots; and identify easements that are necessary for various purposes within the development such as utilities, access, maintenance, and conservation, etc. These plats shall be consistent in general layout with the conceptual site plan. 6.C. PRIVATE DEVELOPMENT DOCUMENTS. The Developer shall prepare and implement such master covenants, restrictions, condominium association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 24 as envisioned herein. It is a requirement of this ordinance that such documents are in place and enforced by the Developer (or Developer’s heirs, successors, or assigns) to the extent necessary for PUD 24 to function as described herein. The City of Cleveland assumes no responsibility to review these documents, or to determine their adequacy to these purposes, or to enforce any of their provisions, or to otherwise be a party to them. Section 7. DEVELOPMENT STANDARDS The development standards for PUD24 shall be those established in this ordinance or incorporated herein. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R1 zone, from the City of Cleveland’s zoning regulations. 7.A. Building Lot Size & Setbacks The minimum setbacks and lot width requirements for single-family detached home sites is 46 feet, the front setback requirements are 25 feet, side setback requirements are 7.5 feet, and rear setbacks shall be no less than 20’ from the property line. Individual site plans are required for all single-family residential structures in the development prior to construction and corners must be pinned by a surveyor at the foundation stage. Storage sheds and similar accessory structures, if allowed by the Developer shall be limited to yard areas behind the primary structure and are not to encroach within five feet of any property line. Covered porches, sunrooms, and other covered additions to the primary structure, if allowed by the developer are to maintain the required setbacks for the primary structure. Open patios and decks, if allowed by the Developer, may extend to within 10 feet of a rear property line. The guidelines for approval of a minor encroachment as established within the Cleveland Zoning Ordinance may be utilized to establish variations in setbacks subsequent to any Planning Commission approvals. The development standards for the R1 Single Zoning District shall apply for any standards this ordinance does not address. Section 7.B CBU/Mail Kiosk Standards Should the developer be required by the United States Postal Service or choose to install a Cluster Box Unit (CBU)/Mail Kiosk then then the following regulations shall apply; a. Installation of CBUs, as well as any associated improvements (e.g. shelters, lighting, and other related amenities), hereinafter CBU related improvements, shall be the responsibility of the developer. b. Approval and installation of all CBU related improvements must be completed prior to the initial final plat being recorded for the development creating residential building lots. c. The establishment of a homeowners’ association is required in developments with CBU related improvements. Maintenance of all CBU related improvements shall be the responsibility of the homeowners’ association. p. 882 REGULAR SESSION JULY 27, 2020 PAGE -882- MINUTE BOOK 29 d. CBU related improvements not part of a designated amenity area shall be on their own lot. Lot area does not have to meet the minimum area of the district, nor do typical setbacks or lot frontage apply as defined in this Ordinance. e. CBU related improvements shall be prohibited within the public right-of-way or in any utility easement unless written permission is granted by the easement holder. f. CBU related improvements shall not be located within the vision triangle as determined by the Transportation Division of the Development and Engineering Services Department of the City of Cleveland. g. A site plan for the CBUs shall be submitted simultaneous with preliminary plan submittal for review and approval. Site plans for CBU related improvements in designated amenity areas can be submitted simultaneously with a site plan for the amenity area. Site plans for CBUs not within designated amenity areas shall include the following elements: a. Landscaping: Improvements shall be landscaped consistent with the requirements of this ordinance. Landscaping Requirements for Parking and Vehicular Use Areas b. Lighting Plan: Security lighting is required and should be designed consistent with this Ordinance c. Parking: These improvements shall be located in areas that will best allow for vehicle stacking or parking without creating pedestrian safety or vehicle safety issues. No less than two parking spaces servicing a proposed CBU shall be provided for. Parking spaces may be provided in a dedicated parking area or within a bulb-out along the right- of-way, subject to approval by the Transportation Division of the Development and Engineering Services Department of the City of Cleveland. CBU related improvements that are located in designated amenity areas may utilize the off- street parking provided. Parking areas and access to the CBUs shall be compliant with current Americans with Disabilities Act (ADA) standards. h. CBUs and associated improvements shall be exempt from the normal setback requirements prescribed in this Ordinance. i. CBUs and associated improvements must be installed according to USPS standards and must meet all applicable building and fire codes. j. Address numbering on each dwelling unit shall comply with the adopted building code for City of Cleveland. 7.C Miscellaneous Standards For residential areas units of identical elevation types must be separated by at least two different elevations. This will result in at least three different elevation plans per cluster. No two adjacent structures shall be built with the same building size or orientation (reverse elevations do not count as different building elevations), facade, materials, or colors. Residential areas must also incorporate a variety of building elements and treatments for single family detached and townhome style housing. Structures must include articulation, change in materials or texture, windows, or other architectural features. The front façade of all structures shall contain a minimum of at least 50% of either brick or stone materials. No blank walls along street p. 883 REGULAR SESSION JULY 27, 2020 PAGE -883- MINUTE BOOK 29 elevations are allowed. A two-inch caliper hardwood shade tree which is determined acceptable to the City’s Urban Forester shall be installed within each front yard area. All lots shall be serviced by sidewalks within the subdivision. Sidewalks should be illustrated on all plats and site plans for review by city staff and any required for review by the Cleveland Municipal Planning Commission. A monument style ground sign shall be installed at all entrances to the site. A landscaped berm no smaller than 8’ in height shall be installed along Michigan Ave Rd to provide privacy and to maintain a high-quality appearance. Open space shall be maintained at proportion no less than 20% of the total buildable area. A playground, dog park, walking trail or other community area determined acceptable to the Planning Commission shall be provided by the developer once 75% the buildable lots in the development are established or under construction. The common areas and amenities must be internal to the development, accessed directly from public right-of-ways and must be practical in the application of its intended use (not in fragmented or unusable areas). All common areas, facilities and landscaping shall be kept in good repair by the developer, future owners or an established homeowners association. Requirements of the City’s adopted building codes, fire codes, stormwater regulations and other ordinances affecting the development, use, and maintenance of property shall apply. Section 8. COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS. The Developer, and its assigns or successors in title, is responsible for obtaining all federal, state, and local permits required for the construction of the proposed PUD24 Meadow Creek Subdivision. The Developer and its assigns or successors in title shall carry out the construction on the project site in compliance with all applicable ordinances of the City of Cleveland, Tennessee, and also in compliance with applicable federal and state laws. Buildings shall be designed and constructed in accordance with adopted building codes and shall not be occupied until final inspections are complete and certificates of occupancy have been issued (permission for limited use of building after substantial completion by the City’s Building Official). Failure to develop, use, or maintain the subject property other than in conformity with all of the requirements of this ordinance is unlawful and shall be deemed a violation of the City’s zoning ordinance and a nuisance subject to the penalties described in the zoning ordinance and any increased fine as may be allowed by state law. Section 9. ERRORS, OMISSIONS, AND POSSIBLE FUTURE REVISIONS TO THE PUD. This ordinance may be amended from time to time as necessary after review by the Planning Commission and approval by the City Council subsequent to a public hearing. Where this ordinance contemplates the future approval of a site plan or the future approval of a plat by the Cleveland Municipal Planning Commission, and where this ordinance contemplates the future refinement of plans to conform with permitting requirements or conditions of approval necessitated by staff review, and where the Developer and the City of Cleveland may enter into future agreements regarding possible public facilities, infrastructure, and/or services within PUD24, an amendment to this ordinance is not required to implement such detailed block plan, site plan, plat, refinement to plans necessitated by permitting or review requirements, or agreement pertaining to public facilities, infrastructure, or services. If the overall development layout differs greater than 20% from the site plan shown in exhibit B &C then a revised conceptual plan must be reviewed by the Cleveland Municipal Planning Commission. Section 10. BINDING UPON OTHERS. This ordinance is a law and not a contract, and as such it is generally binding upon all development and use of property in the PUD24 zoning district and is binding upon City’s regulation of these activities in this location. Moreover, it shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting p. 884 REGULAR SESSION JULY 27, 2020 PAGE -884- MINUTE BOOK 29 construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term “Developer” is intended to encompass the current owner or any heirs, assigns, or successors in title, or any owners of record of the subject property as of the effective date of this ordinance and their heirs, assigns, or successors in title. The term “Developer” is also intended to include any holding company or other entity established for the ongoing operation and maintenance of the development of the subject property including, but not limited to, common areas, joint use or joint access areas, and undeveloped portions of the property that are intended for development. Section 11. CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Where this ordinance is in conflict with existing ordinances with respect to the development of this property the terms of this ordinance shall prevail unless stated otherwise herein. In the event that any portion of this ordinance is determined to be invalid by any court of competent jurisdiction, the remaining portions of this ordinance shall remain in full force and effect. This ordinance shall take effect upon after passage and upon the execution of the development order as described above, the public convenience and necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 885 REGULAR SESSION JULY 27, 2020 PAGE -885- MINUTE BOOK 29 Exhibit B Conceptual Plan 1 Exhibit C Conceptual Plan 2 Councilman May moved that Zoning Ordinance No: 2020-23 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously approved. p. 886 REGULAR SESSION JULY 27, 2020 PAGE -886- MINUTE BOOK 29 The following Ordinance was then presented in full: • Ordinance No: 2020-24 – Abandoning a portion of unopened right-of-way located off Johnson Blvd between 425 Johnson Blvd and 455 Johnson Blvd (Planning Commission: Approved 8-0; 1 absent). ORDINANCE NO. 2020-24 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of- way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right-of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: 455 Johnson Blvd Beginning at the northwest corner of the lands of Dennis Bauer, as recorded in BCROD deed book 226 page 834; thence north 39 degrees 57 minutes 34 seconds east, 10 feet to the center of an unopened alley; thence south 50 degrees 25 minutes 25 seconds east, 200 feet to a point; thence south 39 degrees 57 minutes 34 seconds west, 10 feet to a point; thence north 50 degrees 25 minutes 25 seconds west, 200 feet to the point of beginning. 425 Johnson Blvd Beginning at the southwest corner of the lands of Dennis Bauer, as recorded in BCRD deed book 2276 page 781; thence south 50 degrees 25 minutes 25 seconds west, 200 feet to a point; thence south 39 degrees 57 minutes 34 seconds west, 10 feet to a point; thence north 50 degrees 25 minutes 25 seconds west, 200 feet to a point; thence north 39 degrees 57 minutes 34 seconds east, 10 feet to the point of beginning. 2. RETENTION OF EASMENTS: The City shall retain an easement to maintain access to public electric facilities as long as they remain in place. p. 887 REGULAR SESSION JULY 27, 2020 PAGE -887- MINUTE BOOK 29 3. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 4. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 5. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading and after the time that any parcel which does not currently have road frontage is re-platted to obtain the necessary frontage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 888 REGULAR SESSION JULY 27, 2020 PAGE -888- MINUTE BOOK 29 Exhibit B Councilman Estes moved that Ordinance No: 2020-24 be voted for passage on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously approved. The Ordinance was then presented in full: • Ordinance No: 2020-25 – Amending Sections 2.10.2, 2.11.2 and Table 1 of the Zoning Regulations concerning the use of animal boarding and kennels within the CG General Commercial and CH Highway Commercial Zoning Districts (Planning Commission: Approved 8-0; 1 absent). ORDINANCE NO: 2020-25 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 2.10.2, 2.11.2 AND TABLE 1 SO AS TO PROVIDE FOR PROVISIONS FOR ANIMAL BOARDING AND KENNELS WITHIN THE CG GENERAL COMMERCIAL ZONING DISTRICT AND THE CH COMMERCIAL HIGHWAY ZONING DISTRICT; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the proposed provisions for Animal Boarding and Kennels as a conditional use in the CG General Commercial Zoning District and CH Commercial Highway Zoning District; and WHEREAS the City Council has determined that the proposed amendment provides for the appropriate review by the Board of Zoning Appeals when considering the proper location and layout of Animal Kennel and Boarding; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: p. 889 REGULAR SESSION JULY 27, 2020 PAGE -889- MINUTE BOOK 29 Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.12.2 to read as follows: Section 2. 2.10.2 shall include the following as a conditional use: “D. ANIMAL KENNEL AND BOARDING” Section 3. 2.11.2 shall include the following as a conditional use: “G. ANIMAL KENNEL AND BOARDING” Section 4. Table 1 within the Zoning Ordinance shall reflect the following: “Animal Boarding and Kennels” shall be amended to be reflected as a conditional use within the CH Highway Commercial Zoning District and CG General Commercial Zoning District. Section 5. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 6. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 7. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2020-25 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously approved. Councilman Hughes moved to extend the current banking services agreement with Bank of Cleveland from September 1, 2020 through December 31, 2020. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Councilman May moved that Ordinance No: 2020-22; heretofore passed on first reading June 22, 2020 and found in Minute Book 29, page 864; abandoning a section of Magnolia Ave NE located between Billy Graham Ave NE and 13th St NE and a section of 13th St NE between Parker St NE and Magnolia Ave NE (Planning Commission: Approved 8-0; 1 absent) be voted for passage on final reading. The motion was seconded by Councilman Hughes. Councilman Estes stated Lee University is his employer which does not affect his vote. Vice Mayor Johnson asked if something could be worked out about the abandonment of 13th Street. Mr. Fivas responded it is up to the Council on what they would like to do but the intention to closing that portion is to increase the safety of the 5,000 plus students walking through there. Councilman Estes stated Lee counted 9,700 students would pass through this area in a week as this is the heaviest part of campus when it’s not Chapel time. The city has alleviated his concerns about emergency vehicles and the buses and Lee will make the area safer for all. Councilman Webb added it is important to recognize that the intersection of Magnolia/13th will remain open. It will not become a dead-end street. Vice Mayor Johnson stated he was impressed by the design and looking at the safety of the students and the residents. Upon roll call, Councilman May, Councilman Hughes, Councilman Webb, Councilman Estes and Vice Mayor Johnson voted aye. Councilman McKenzie voted no. The motion passed 5:1. ANNOUNCEMENTS p. 890 REGULAR SESSION JULY 27, 2020 PAGE -890- MINUTE BOOK 29 Mayor Brooks announced the next meeting would be held on August 10. An in-person Work Session will be held at the Museum Center at 5ive Points beginning at 10 a.m. and the Regular Session will be held electronically at 3:00 p.m. There being no future business the meeting was adjourned at 4:53 p.m. _________________________________ __________________________________ Mayor City Clerk