Cleveland City Council

p. 284 REGULAR SESSION JULY 12, 2021 3:00 P.M. MINUTE BOOK 30 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JULY 12, 2021 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson, Councilmen Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner; Beverley Lindsey, Assistant to the City Manager; Sue Zius, Assistant to the Mayor; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Interim Fire Chief Pete VanDusen; Robert Varnell, Transportation Planner; Doug Berry and Mike Griffin with the Chamber of Commerce; Ben Berry with Berry Engineers; Chris Townsend; Brett Tabor with Map Engineers; Dr. Bill Seymour, Doug Moore and Cris Perkins with Cleveland State Community College; Kellye Bender; Brandi Mason; Jessica Davenport; Cindy Slater; Erica Rogers; Lucy Rymer with the Museum Center; Diana Bolen and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Ken Webb, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Johnson 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 28, 2021 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Mayor Brooks stated today we are swearing-in five new Police Officers to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background on each of them. Mayor Brooks then administered the Oath of Office to Police Officers Spencer Green, Bryshaun Porter, Nathan Lippert, Brandon Spence and James Bolen and then welcomed them to the Cleveland Police Department. Mayor Brooks recognized the Cleveland Middle School Softball Team and read the following proclamation. Councilman Hughes congratulated the team and appreciates the honor brought to our City. This is the first time a State Championship has been at the Middle School level in the State. “CLEVELAND MIDDLE SCHOOL LADY BLUE RAIDER DAY” Whereas, the Cleveland Middle School Lady Blue Raider softball team has brought home the 2021 Tennessee State Softball Championship title, this was the inaugural TMSAA tournament and the Lady Raiders are the champions; and . . . . Whereas, the members of this outstanding team earned the 2021 state wide event, and the overall team worked together to claim the championship title finishing the year with a 14-win 3-loss season; members of this team are Alyssa Davenport, JaMaya Hill, Leylah de Jesus, Carrie Hicks, Macy Butler, Landri Nelson, Lilly “Smalls” Mason, Abby Hozouri, Riley Lancaster-Burns, Ava Thomas, Emily Patterson, Laney Copeland, Kale Wheeler and Sofia Greene; and . . . . Whereas, the Lady Raiders are led by Head Coach Erica Rogers, Assistant coaches Steven Rogers and Michelle Bradley; Athletic Trainer Jon Bovee; Athletic Director Scott Carroll and City School System Director Dr. Russell Dyer; and . . . . p. 285 REGULAR SESSION JULY 12, 2021 PAGE -285- MINUTE BOOK 30 Whereas, these young ladies are not only outstanding athletics but have service hearts as well, by spearheading a service project by partnering with the schools CDC and ERC classes to put together an event to help special needs students compete in a softball game because the COVID pandemic didn’t allow them to participate in Special Olympics last year, NOW THEREFORE, I, Kevin Brooks, Mayor of the City of Cleveland, Tennessee do hereby declare Monday, July 12, 2021 as “CLEVELAND MIDDLE SCHOOL LADY BLUE RAIDER DAY” in our city and ask all citizens to congratulate this fine group of young ladies and their coaches for a job well done. Dr. Bill Seymour with Cleveland State Community College and Cris Perkins with the TN Board of Regents presented the City Council with the 2021 Chancellor’s Award for Excellence in Philanthropy to show appreciation for the generous donation and support of the local community college. A plaque will be placed in the EMT Lab within the Health and Science Building, which was made possible by a generous gift. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone 5.19 acres located on Boatwright Circle, Paul Huff Parkway and Valley Head Rd (Tax Map 33L Group B Parcels 40.00 and 51.00, Tax Map 34I Group C Parcels 1.00, 2.00, 3.00, 4.00, 5.00 and Tax Map 34I Group B Parcel 1.00) from R2 Low Density Single and Multi-Family Residential Zoning District to PUD25 Planned Unit Development District. Corey Divel gave a brief staff report and added that a traffic impact study was received, reviewed and approved by staff. There are three separate development areas which are described in the ordinance. The item was approved by the Planning Commission Yes- 5, Recused-1, Passed-1 and 2 were absent members. Councilman Cassada asked for clarification on area 3 and any deed restrictions. He then presented Mayor Brooks with emails from several residents. Mr. Divel stated there are several parcels in area 3, all but one are considered in the Indian Hills Subdivision and subject to deed restriction that it can only be used for residential. The lot on the corner at Peerless and Paul Huff is not under the restrictions. We have received requests in the past to make it Commercial Highway. The rational here is to include it in the PUD to make it all the same and reducing the chance of a Commercial Highway zoning in the future. The parcels still under the deed restrictions will still be limited under the PUD ordinance. Councilman Cassada inquired about the buffer and what is a Type B buffer. Mr. Divel stated two rows of evergreens and a row of shade trees plus a fence, which we are articulating that has to be done at the beginning of the process. Councilman Cassada then asked if under the PUD ordinance can anything like convenience stores, entertainment facilities and food and beverage stores be prohibited from the uses. Mr. Divel stated he believes we could make some changes, as it is not too far along. Mr. Fivas stated the applicant should be asked their opinion and it is possible they have no interest in those types of businesses. Councilman Hughes clarified about a potential liquor store. Mr. Kimball stated liquor stores are not permitted in a PUD and the number has been capped. Councilman May confirmed no street will ever be opened from the subdivision into this development. Mr. Divel stated yes, it is addressed in the PUD ordinance. Councilman Cassada asked how would area three of the development be accessed. Mr. Divel stated language in the ordinance discusses cross access from area two. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. Ben Berry with Berry Engineers stated at the request of the Council a traffic study was conducted. The results recommended a ¾ access which eliminates left turns out of Boatwright and the location be at the existing location of Boatwright Circle. It also recommended Holiday Inn Expressway, across the street be converted to eliminate left turns out as well. We are offering an enhanced buffer, with eight-foot fence, lighting restrictions and cross access provisions. Councilman Cassada asked about convenience stores or any of his other concerns. Mr. Berry stated we would ask that it not be included. Right now, there are no plans for that type of business but other PUD’s in the area do not have those exclusions. This PUD already restricts other uses that other PUD’s in the area are allowed. Councilman Cassada thanked him for his candor. Mayor Brooks asked if anyone p. 286 REGULAR SESSION JULY 12, 2021 PAGE -286- MINUTE BOOK 30 would like to speak in opposition of the approval of the rezoning. Kelly Bender, who is a resident of Indian Hills Subdivision stated she has spoken and emailed several Councilmembers about the neighborhood concerns. They understand development but would like the PUD to be tightened a little more. We don’t need a convenience store or gas station there and doesn’t feel it is too much to ask to protect the residents of the area. The Publix PUD was tight. We knew what type of business and hours of operation, to protect the residents. We want to make sure we’re not going to have traffic all hours of the night. She appreciates the enhanced buffers from the developer. Finally, the city asked for area 3 to be included and not fully convinced how that benefits the neighbors for it to be included in the PUD and trust that it will be fully reviewed. The PUD document, Section 6B addresses area 3 site plan and she would ask that the area remain deed restricted and zoned residential R2. Mayor Brooks then declared the public hearing to be closed. Emails presented by Councilman Cassada: p. 287 REGULAR SESSION JULY 12, 2021 PAGE -287- MINUTE BOOK 30 p. 288 REGULAR SESSION JULY 12, 2021 PAGE -288- MINUTE BOOK 30 p. 289 REGULAR SESSION JULY 12, 2021 PAGE -289- MINUTE BOOK 30 Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 70.00 acres located on Tasso Ln NE and a resolution to adopt a Plan of Service for the annexation area. Corey Divel gave a brief staff report and stated the item was approved by the Planning Commission 7-0 with 2 members absent. Discussions have taken place with Bradley County Road Department concerning the roadway and we will address access. Councilman Hughes asked about the zoning. Mr. Divel stated this is a PUD development, with single family residential and up to 20% of the units to be townhomes. They asked for up 50% but it was not accepted. Mayor Brooks asked if anyone would like to speak in favor of the approval of the annexation and plan of service. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the annexation and plan of service. No one spoke. Mayor Brooks then 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 zoning of about 70.00 acres located on Tasso Ln NE from the unincorporated county to PUD29 Planned Unit Development Zoning District. Corey Divel gave a brief staff report and stated the item was approved by the Planning Commission 7-0 with 2 members absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the zoning. Brett Tabor with MAP Engineering stated he is representing the potential purchaser/developer of the property. They would a few modifications to the PUD document. First, to increase the allowable slope to 2.5 to 1 instead of 3 to 1, around the perimeter of the property. The property is a hill and slopes to the north and as written will greatly restrict the buildable area. Second, the 50’ right-of-way access to join parcel 25 for future street access to North Lee Highway. We can provide the right-of-way access, but we can’t guarantee a roadway can be constructed due to the slope, so they would like that revived if possible. He then showed the area on the map. Councilman Estes asked about the original design for this area? Mr. Divel stated yes. Mr. Fivas stated the purpose was to connect into the road for another exit for the p. 290 REGULAR SESSION JULY 12, 2021 PAGE -290- MINUTE BOOK 30 neighborhood. There are likely grade issues. [Additional comments were inaudible due to interference with the sound system and microphones.] Mr. Tabor stated the current property owner requested annexation and we were not aware of the requirement of the street connection. Mr. Fivas stated there are two issues, the access to the other property, which they are okay with and the other question about the 2:1 slope versus 3:1 slope. Councilman Estes stated they were trying to make plans for the road alignment with 56th Street and if the roadway can’t be built gives him pause. Mr. Fivas stated the other parcel is an unknown variable. Councilman Estes stated he would like it equitable to all parties and get it sorted out now. Mr. Fivas stated it comes down to the plat and the final engineering, they know more about it. They will have the requirement. We will not make someone do something that is not feasible. That’s when they can say it doesn’t make sense. This is just the zoning. We are realistic and believe it will be a fantastic neighborhood there, but we know there are challenges with the grade. We can review all that with the plat. If it is not feasible then it shouldn’t be required. Mr. Tabor added we can provide the right-of-way but would like language and the option to when the unknowns about it being feasible and if not, it can be eliminated. Mr. Fivas stated we 100% agree on that point. Councilman May stated he was okay with the slope. The 3:1 could become a major problem. Mr. Jobe stated the 3:1 is mowable but a 2:1 is not mowable, which affects the look. Mr. Tabor added the third requirement, which locks us in at a 46’ wide lot size and would like a range option. Councilman Cassada stated they are asking for several changes to the ordinance. Mr. Fivas stated we can figure out the issues before final reading. Councilman Estes asked for some visuals of the 3:1 versus 2:1 slope. He also feels this is more than minimal changes. Mr. Kimball stated Mr. Tabor is not the applicant and suggested the item be tabled to let staff meet with them to work out these issues to bring it back at the next meeting. Mr. Tabor added the last item of concern was the landscape berm along the right-of-way. The berm on the slope is just screening the slope and nothing else. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the zoning. No one spoke. Mayor Brooks then declared the public hearing to be closed. CONSENT AGENDA Councilman May moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, the consent agenda was unanimously passed. • Resolution 2021-62 – Accepting the proposal from PM Alarms of Chattanooga for fire alarm monitoring and inspections for the Summit Building. RESOLUTION 2021-62 WHEREAS, the City's development and engineering staff has received a proposal from PM Alarms of Chattanooga, Tennessee for Fire Alarm Monitoring and Inspections for the Summit Building ; and WHEREAS, City development and engineering staff are requesting that the City Council approve of the proposal between the City and PM Alarms for these services; and WHEREAS, the City Council now desires to approve of the proposal and to further authorize the Mayor to execute and documents which may be necessary to accept the proposal 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 proposal from PM Alarms for these services and it further authorizes the Mayor to execute any documents which may be necessary to accept the proposal on behalf of the City. This 12th day of July 2021 p. 291 REGULAR SESSION JULY 12, 2021 PAGE -291- MINUTE BOOK 30 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-63 – Accepting the proposal from Otis Elevator Company for elevator maintenance for the Summit Building. RESOLUTION 2021-63 WHEREAS, the City's development and engineering staff has received a proposal from Otis Elevator Company for Elevator Maintenance for the Summit Building ; and WHEREAS, City development and engineering staff are requesting that the City Council approve of the proposal between the City and Otis Elevator Company for these services; and WHEREAS, the City Council now desires to approve of the proposal and to further authorize the Mayor to execute and documents which may be necessary to accept the proposal 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 proposal from Otis Elevator Company for these services and it further authorizes the Mayor to execute any documents which may be necessary to accept the proposal on behalf of the City. This 12th day of July 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Motion – Authorizing an additional FY2022 Appropriation to the Museum Center. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 12, 2021 RE: Five Points Museum SUMMARY: In a previous meeting, the City Council discussed assisting the Museum with repairs to their HVAC system and repairs to the Museum roof. Staff has been in discussion with the Museum on the how to assist the Museum. The Museum has roof repairs that need to be addressed in several locations within the building. The Museum has already replaced two broken HVAC units, and they have another HVAC unit that needs immediate attention. In order to protect this community asset and protect important historic items within museum, the City Council will contribute $20,000 to these repairs and operations of these museum. This funding will also assist the Museum in keeping its Smithsonian certification and its newest Smithsonian exhibit getting ready to launch soon. p. 292 REGULAR SESSION JULY 12, 2021 PAGE -292- MINUTE BOOK 30 The City will initially use general fund dollars to immediately fund this item. As we get a better understanding of the federal ARP funds, this approval will also act as a reimbursement memorandum that the City could, if possible, use ARP funds to reimburse the City for this amount. For this appropriation, the Museum will also wave booking fees for City public meetings held at the Museum from July 1, 2021 to June 30, 2022 as long as there is space availability and 60 days of notice. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: $20,000 appropriation as determined by Finance Department. RECOMMENDATION: City staff recommends approval of this $20,000 general fund appropriation to the Museum. This is a one-year, non-occurring, payment to the Museum. • Motion – Authorizing staff to apply for the Mainstreet Façade Grant Program. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 12, 2021 RE: Mainstreet Façade Grant Application SUMMARY: The State has released a new Mainstreet Façade Grant Program for City’s to apply for grants to assist with Streetscape and building facades. City staff has worked closely with Mainstreet to determine parameters around a city of Cleveland application for $150,000 grant. The Mainstreet, the City or property owners would have to contribute up to a 20 percent match. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends approval of allowing staff to apply for this Mainstreet Façade Grant for $150,000 and a 20% match. The City Manager will appoint a select group of staff and Mainstreet members to assist with defining the parameters and select the applicates projects. Then, will report to the Council on the final grant application. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Johnson asked for Mr. Fivas to meet with Waste Connections concerning the city-wide garbage pickup. p. 293 REGULAR SESSION JULY 12, 2021 PAGE -293- MINUTE BOOK 30 Councilman Estes asked Mr. Fivas to send him an email after his meeting with Waste Connections so he can follow up with concerns he received. Also, he would like an email after the meeting on Gaut/4th Street for follow-up. Lastly, he has the Community Shield for Interim Chief VanDusen to place back at Station 1. Councilman May stated has received calls from residents along Michigan Avenue Road in hopes of improvements. Ditches on both sides and the width of the road create a problem. He understands Blythe Ferry Road will be resurfaced soon and it has become a shortcut for drivers to avoid traffic on Paul Huff and 25th Street. Hopefully possible improvements to both roadways will help make them safer. Councilman Hughes stated they attended church service on Sunday at Trinity Methodist st at 1 /Berry Street, where his wife was invited to play the organ. It is a small church with twenty- four members and has a new pastor. There he met Nell, a ninety-four-year-old woman, who was very cognitive. He asked her for advice on longevity. She replied do not let anyone do for you that you can do yourself. He felt that was a real lesson. Councilman Webb stated Coldwell Banker Realtors has offered as many flags as needed to have some kind of memorial for the residents of Bradley County and Cleveland City who lost their lives due to COVID. Additionally, the last eighteen months has been very difficult for everyone in every walk of life. As a City, can we do something to recognize, in addition to our First Responders, everyone who was gainfully employed from the grocery store cashier to the bank teller, on down the line. He then asked Mr. Fivas if staff could look into, possibly just a page in the paper recognizing the contribution people made during that time. Mr. Fivas stated we can bring back ideas at the next meeting. Mayor Brooks thanked Mr. Fivas, Councilman Estes and Councilman May who joined him at the 18th Street Neighborhood meeting last week and thank them for the support. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Ordinance 2021-19 – Adopting the 2021 Tax Rate (Certified Rate $1.7130). ORDINANCE 2021-19 TAX ORDINANCE – YEAR 2021 AN ORDINANCE TO PROVIDE AND FIX FOR THE CITY OF CLEVELAND, TENNESSEE, FOR THE YEAR 2021, AND SUBSEQUENT YEARS, THE TAX RATE ON ALL PROPERTY, BOTH REAL AND PERSONAL; TO PROVIDE A BUSINESS TAX; TO PROVIDE FOR A SPECIAL FRANCHISE PRIVILEGE TAX, IN ACCORDANCE WITH AND AS SET FORTH IN THE “BUSINESS TAX ACT” KNOWN AS CHAPTER 387 OF THE PUBLIC ACTS OF 1971, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, WITHIN THE CORPORATE LIMITS OF THE CITY OF CLEVELAND, AND TO FIX A PENALTY FOR ANY PERSON, FIRM OR CORPORATION EXERCISING ANY SUCH VOCATION, OCCUPATION OR BUSINESS WITHIN SAID CITY OF CLEVELAND WITHOUT FIRST PAYING SAID TAX. SECTION 1. BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, that the tax levy on all property, both real and personal, for the year 2021, and each subsequent year thereafter be, and is, $1.7130 on each One Hundred Dollars ($100.00) of assessed valuation. SECTION 2. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all persons, firms and corporations engaged in any location, occupation or business within the corporate limits of said City shall pay a business tax to the City of Cleveland equal to and in the same amount as the business tax prescribed to be paid by such person, firm or corporation under the terms and provisions of the “Business Tax Act”, known and designated as Chapter 387 of the Public Acts of 1971, p. 294 REGULAR SESSION JULY 12, 2021 PAGE -294- MINUTE BOOK 30 as passed by the aforesaid Act hereto attached, read and understood by the said City Council, and made a part of this Ordinance; and the rate of taxes on such business is made a part hereof as fully as if the same were incorporated in full herein; and the rate of taxes on such privilege and privileges named in said Act for retail businesses shall be as follows: Class 1A 1/10 of 1% retail 1/40 of 1% wholesale Class 1B 1/10 of 1% retail 3/80 of 1% wholesale Class 1C 1/10 of 1% retail 3/80 of 1% wholesale Class 1D 1/20 of 1% Class 2 3/20 of 1% retail 3/80 of 1% wholesale Class 3 3/16 of 1% retail 3/80 of 1% wholesale Class 4 1/10 of 1% and the taxes shall be paid to the City Clerk as provided by law and Ordinances for the collection of all revenues for the City of Cleveland, Tennessee. SECTION 3. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that there is also levied a special franchise privilege tax, in accordance with the provisions of Chapter 311 of the Public Acts of the 85th General Assembly of the State of Tennessee, on all public utility corporations, domestic and foreign, and which do business, own property, or operate as a public utility in the City of Cleveland, Tennessee. The base of such tax shall be determined as set forth in Chapter 311 aforesaid. The rate of said tax shall be $1.7130 for each one hundred dollars ($100.00) of assessed valuation. SECTION 4. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that it shall be unlawful for any person, firm or corporation to exercise the privileges set forth and referred to in this Ordinance before complying with the provisions of the Ordinance, and anyone exercising any of the forgoing privileges without paying the tax prescribed shall be guilty of a misdemeanor and liable to a fine on conviction of not less than $5.00, nor more than $50.00, for each such privilege which is exercised without a license, to be imposed by the City Judge of the City of Cleveland. SECTION 5. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that if any Section or part of this Ordinance shall be declared invalid or unenforceable, the invalidity of such Section or part shall not otherwise affect its validity but the remaining Sections or parts of this Ordinance shall be enforced without regard to the Section or part declared to be invalid. SECTION 6. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; however, this Ordinance shall not be the exclusive means of taxation within the City of Cleveland, Tennessee, but is in addition to any other valid Ordinances in existence at the present time by which the City may collect a tax or taxes, and this Ordinance shall take effect from and after its passage, the public welfare of the City of Cleveland requiring it. Signed in Open Meeting: ____________________________________ Councilwoman McKenzie ___________________________ _____________________________________ Kevin Brooks, Mayor Councilman Estes ATTEST: _____________________________________ Councilman Cassada ___________________________ _____________________________________ Shawn McKay, City Clerk Councilman May p. 295 REGULAR SESSION JULY 12, 2021 PAGE -295- MINUTE BOOK 30 APPROVED AS TO FORM: _____________________________________ Councilman Hughes _________________________ _____________________________________ John F. Kimball, City Attorney Councilman Webb _____________________________________ Vice Mayor Johnson Councilman Webb moved that Ordinance 2021-19 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2021-20 – Rezoning 5.19 acres located on Boatwright Circle, Paul Huff Parkway and Valley Head Rd (Tax Map 33L Group B Parcels 40.00 and 51.00, Tax Map 34I Group C Parcels 1.00, 2.00, 3.00, 4.00, 5.00 and Tax Map 34I Group B Parcel 1.00) from R2 Low Density Single and Multi-Family Residential Zoning District to PUD25 Planned Unit Development District (Planning Commission: Approved; Yes-5, Recused-1, Passed-1, Absent 2). ZONING ORDINANCE 2021-20 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 TO ESTABLISH A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS “PUD 25” ON CERTAIN PROPERTY ON CERTAIN PROPERTY LOCATED NEAR PAUL HUFF PARKWAY (Tax Map 33L Group B Parcels 40.00 & 51.00, Tax Map 34I Group C Parcels 01.00, 2.00, 3.00, 4.00, 5.00 and Tax Map 34I Group B Parcel 1.00) AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 25; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING A LIST OF PERMITTED USES; ESTABLISHING CONDITIONS FOR MITIGATION OF NOISE AND VIBRATION; ESTABLISHING SITE PLAN REQUIREMENTS; ESTABLISHING REQUIREMENTS FOR TRAFFIC CIRCULATION ON AND ADJACENT TO THE SITE AND PARKING, FIRE LANES, AND SERVICE AND DELIVERY VEHICLES; ESTABLISHING REQUIREMENTS FOR IMPERVIOUS AREAS, STORMWATER MANAGEMENT, LANDSCAPING, TREE PRESERVATION, BUFFERING, LIGHTING; ESTABLISHING REQUIREMENTS FOR GENERAL APPEARANCE, SIGNAGE AND OUTDOOR DISPLAYS; ESTABLISHING REQUIREMENTS FOR LITTER AND SOLID WASTE CONTROL AND DRAINAGE STRUCTURE MAINTENANCE; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; REQUIRING PROPER SUBDIVISION AND SITE PLANNING; REQUIRING A PUD DEVELOPMENT PLAN; PROVIDING FOR TIME LIMITS AND POSSIBLE REVERSION TO THE FORMER ZONING CLASSIFICATION; PROVIDING FOR ERRORS AND OMISSIONS AND POSSIBLE FUTURE REVISIONS TO THE PUD; COMMUNICATING THE BINDING EFFECT OF THE ORDINANCE UPON OTHERS; 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 City’s 2013 Comprehensive Plan future land use element anticipated market-based redevelopment of the area containing the subject property; and WHEREAS the aforementioned Comprehensive Plan recommendations can best be achieved by working in coordination with property owners in site planning, access to adjacent or nearby p. 296 REGULAR SESSION JULY 12, 2021 PAGE -296- MINUTE BOOK 30 major streets including Paul Huff Parkway and Peerless Road, and the requirement for interconnection between properties in order to share common access points. WHEREAS it is the desire of the property owner(s), hereinafter “Developers”, to have the flexibility of the PUD process in order to work with the City and adjacent property owners who are also seeking to develop or redevelop their properties in a manner that is mutually beneficial, 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 4 herein as “PUD 25” . PUD 25 comprises an area of adjacent properties with frontage on Paul Huff Parkway at Boatwright Circle, and the intention is to allow the development of commercial uses within this PUD 25 area. The uses allowed within the PUD 25 area include the following uses allowed within the City’s CH Commercial Highway zoning district: detached single-family dwellings; townhomes; duplexes, triplexes, and quadraplexes; other multi-unit residential structures; office parks; schools (pre-school, primary, secondary, colleges and universities, trade schools and academies, studios); medical offices and clinics; hospitals; information technology and communications businesses; professional offices; government offices and government facilities; finance, insurance, and real estate businesses; personal service businesses (barber shops, beauty salons, nail salons, and the like); commercial recreation and entertainment facilities; department stores and retail stores; food and beverage stores; hotels and motels; restaurants with or without drive-up windows; convenience stores with or without gasoline pumps. Specifically prohibited uses include billboards, outdoor firing ranges, race tracks, adult businesses or sex outlets as defined by the City’s zoning ordinance, fireworks sales, automobile repair, oil change, tire stores, outdoor flea markets and outdoor sales of used merchandise other than operable vehicles in good repair, and any other use not identified herein as being allowed. Section 2. DEVELOPMENT STANDARDS. The development standards for the PUD 25 district are those outlined in this ordinance. Where the PUD 25 Ordinance is silent as to a particular development standard, the standard applicable in the CH Commercial Highway zoning district, together with the Interstate Gateway Corridor overlay, if there is any such standard, shall be applied. Section 3. 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 4. PROPERTY DESCRIPTION PUD 25 includes the property currently described as Tax Map 33L, Group B Parcels 40.00 & 51.00, Tax Map 34I Group C Parcels 01.00, 2.00, 3.00, 4.00, 5.00 and Tax Map 34I Group B Parcel 1.00. Section 5. NOISE AND VIBRATION MITIGATION. Noise and vibrations are to be managed during the construction and operation phases of PUD 25. During construction, construction-related noise, vibrations, and traffic in the PUD 25 zoning district shall be managed so as to not unduly interfere with the nearby residential uses. Developer, developer’s heirs or successors or assigns, and all contractors and subcontractors will promptly comply with any directive from City to manage construction-related noise, vibrations, and or traffic. Developer and businesses in the PUD 25 zoning district shall affirmatively manage all activities on the site so as to mitigate any noise or vibration that the City determines to likely be bothersome to reasonable person off-site. If after previous requests to Developer and/or any business located in the PUD 25 zoning district concerning noise or p. 297 REGULAR SESSION JULY 12, 2021 PAGE -297- MINUTE BOOK 30 vibrations, City determines that there is a continued persistent pattern of noise or vibration emanating from the PUD 25 district, Developer and/or any business in the PUD 25 zoning district must undertake specific appropriate management actions requested by City to mitigate the problem including, but not limited to, the following actions if applicable: reducing or eliminating outdoor music, private security to eliminate cruising or loitering on-site, etc. Section 6. SITE PLANNING AND DEVELOPMENT COORDINATION 6.A. Conceptual Development Plan for PUD A conceptual development plan for PUD 25 has been prepared in coordination with input from City staff. This conceptual development plan is intended to be general in nature, identifying the location of the commercial development areas within the PUD 25 area. The conceptual development plan identifies the location of proposed entrances onto the adjacent roadways. The plan indicates areas of landscaped buffer needed to protect adjacent development in accordance with the City’s landscaped buffer ordinance. The conceptual development plan will serve as a master plan for the development of PUD 25, and a basis for review of detailed site plans. 6.B. Detailed Site Plans for PUD 25 Development One or more detailed site plans, consistent with the conceptual site plan, are required prior to development of any portion of the site with new commercial or residential buildings. The detailed site plan will meet the normal site plan requirements of City for commercial development or residential development, as the case may be. The reason that more than one detailed site plan may be completed for PUD 25 is that different portions of the PUD25 area may be developed independently at different times. Exhibit C shows the location of three individual development areas. Development Area 3 is expected to be re-developed subsequent to Development Areas 1 & 2 but nothing prescribed herein would prevent area 3 being developed in coordination with areas 1 or 2 subject to site approval requirements. The detailed site plan(s) for PUD 25 will be reviewed in accordance with City’s normal site plan review process except that Planning Commission approval is required for the detailed site plan. Section 7. ACCESS, TRAFFIC CIRCULATION, PARKING, FIRE LANES, SERVICE AND DELIVERY VEHICLES. 7.A. Access Properties within the PUD may be served by a common driveway onto Paul Huff at the existing Boatwright Circle location. Cross access between properties internal to the PUD is required. No connection to Tomahawk Circle shall be allowed from any property within this PUD ordinance. Prior to approval of any site plan or issuance of any land disturbance permit, a traffic study analysis must be completed to consider the impact of the proposed development on the transportation infrastructure system. The developer shall be responsible for the cost of the study and all related improvements to the site and adjacent median. An updated traffic study shall be conducted, at the cost of the developer, prior to the development of “Development Area 3”. The City of Cleveland may do their own 3rd party traffic analysis review of the corridor if deemed necessary by transportation staff due to a change in circumstances or unforeseen changes in the development. Any development agreement between the City of Cleveland and the owners of the parcels located within this PUD ordinance shall take precedence and prevail over any requirement related to infrastructure improvements. p. 298 REGULAR SESSION JULY 12, 2021 PAGE -298- MINUTE BOOK 30 7. B. Traffic Circulation, Parking, Fire Lanes, Deliveries, etc. Driveway entrances to sites within PUD 25 shall be developed with adequate turning radii for entering and exiting vehicles, including delivery vehicles where appropriate. Internal traffic circulation and parking on sites, delivery access, service access for solid waste pick-up, etc., and fire and emergency access must be maintained in the site design and specifically addressed in detailed site planning for individual developments within PUD 25. Specifically, parking spaces are to be a minimum of 9’ wide by 18’ deep and accessed by a 24’ drive aisle when parking is on both sides. A 22’ drive aisle is allowed for drives with no parking or parking on just one side. Drive aisle widths may be reduced to 18’ for 60 degree angled parking. In the event that the PUD 25 site is served by a public transit service, stopping of transit vehicles for entering or exiting passengers shall be outside the designated fire lane unless otherwise approved by the City’s fire department. Any drive-through window facilities that are developed on the site shall comply with City standards with respect to vehicle stacking, etc. and shall be designed so as to minimize potential conflicts with other vehicles and pedestrians. Sidewalks shall be required along all internal road and shall connect businesses within the PUD. Parking standards shall be as otherwise required by City zoning regulations, subject to a decrease of up to 30% that may be granted by the Planning Commission in consideration of factors such as pedestrian, bicycle, and transit access, shared parking arrangements, enhanced landscaping, innovative stormwater management practices, and the like. Parking spaces reserved for special uses, such as restaurant pick up only, shall not count towards the number of required parking spaces provided. Section 8. IMPERVIOUS AREAS, STORMWATER MANAGEMENT, LANDSCAPING, TREE PRESERVATION, BUFFERING, LIGHTING. 8.A. Impervious Areas An impervious area calculation is to be included in detailed site plans for the PUD 25 area. The impervious area of the site is understood to include the foot prints for all structures on the site as well as other paved or concrete areas that do not readily absorb water, generally that which is not greenspace. The impervious area limit in PUD 25 is 80%. 8.B. Stormwater Management Development within the PUD25 area must meet the City’s stormwater regulation requirements. In conjunction with each detailed site plan for development within PUD 25, a drainage plan must be prepared by a professional engineer and approved by the City Engineer prior to development of the site. For purposes of stormwater management, the PUD 25 area will be regarded as an area under a common plan of development and a Notice of Intent (NOI) is required before development of any portion of the site. 8.C. Landscaping A landscaping plan shall be submitted with all detailed site plans for the PUD 25 area. The landscaping for the site shall be in accordance with a landscape plan prepared by a Tennessee registrant (engineer, architect, or landscape architect) and approved by the City. The design, installation, and maintenance of the landscaping shall meet the requirements of this ordinance and the City’s regulations regarding landscaping. Specifically, the perimeter tree requirement shall be based on the total land area of the PUD, proportionately distributed among the individual development parcels, and excludes evergreen trees planted as part of required buffering. Landscaping shall be provided adjacent to all roadways abutting the site and internal areas within the parking lots and adjacent to buildings. Access control fencing along Paul Huff Parkway shall be black aluminum, similar to other newer developments along the Paul Huff corridor. Landscaping shall be professionally installed and maintained in perpetuity by the Developer and all heirs, assigns, and successors in title. Maintenance shall include irrigation, p. 299 REGULAR SESSION JULY 12, 2021 PAGE -299- MINUTE BOOK 30 fertilization, pest and disease control, mowing, raking, replacement of dead or diseased plants, and other such activities as may be appropriate to a high quality professionally maintained landscape. 8.D. Tree Preservation Existing trees within the required buffer areas shall be preserved to the greatest extent practicable. Tree preservation is not required within the development areas, however, developed sites shall contain a minimum of 10 trees per acre per the City tree replacement criteria. Subject to TDOT approval, the development shall work to provide a smooth transition between the interstate ramp and the developed site, similar to the finished condition across Paul Huff Parkway along the I-75 on-ramp. 8.E. Buffering The City has a buffering ordinance that is to protect less intensive land uses, e.g. residential, from more intensive land uses, e.g. commercial, that locate on adjacent properties. Buffering for residential properties external to the PUD shall at a minimum adhere to the requirements of the buffering ordinance within the zoning regulations. Specifically, a 15’ Type B buffer with an 8’ wooden fence plus the normal tree planting requirements shall be utilized adjacent to any lot within Indian Hills SD which is not included within this PUD. Installation of the buffer shall be completed in conjunction with preliminary mass grading. Developer and all heirs, assigns, and or successors in title shall take particular care to provide and maintain a densely landscaped buffer that mitigates the intrusion of noise, light, and the view of the proposed commercial development in adjoining residential areas. 8. F. Lighting As part of each detailed site plan for development in PUD 25, a plan shall be provided for the exterior lighting of buildings, parking lots, signs, etc., that demonstrates the buffering of adjacent residential areas, and the mitigation of glare or distraction for adjacent roadways. Outdoor lighting for parking and sidewalk areas are to minimize light intrusion into nearby residential areas; and other exterior lighting and lighted surfaces are to be designed so as to minimize shining or reflecting into the aforementioned residential areas. Exterior lighting will also be designed in a way that mitigates any glare that would be encountered by motorist on adjacent roadways. Where it is necessary to maintain lighting for security, this lighting will be designed such that escape of lighting onto adjoining residential property is minimized, including the addition of glare shields where needed. The lighting plan should include sufficient photometric detail to determine compliance with this ordinance. Section 9. GENERAL APPEARANCE, SIGNAGE, AND OUTDOOR DISPLAYS. 9.A. General Appearance Development within the PUD 25 area is to have a high quality appearance. In the commercial development of the PUD 25 area, it is intended that the level of architectural amenity and detail, including quality and cost of materials and craftsmanship, will meet or exceed that found in Cleveland’s better commercial developments. Specific designs, color choices, and materials are not prescribed by this ordinance but it is expected that the quality of appearance would be consistent with better quality and comparably priced commercial areas and residential areas found in other communities. Illustrative proposed building elevations and landscaping plans will be considered together by the Planning Commission in order to determine that the proposed development is consistent with these general appearance requirements. Retaining walls shall be decorative, including texture and color elements. Split face block finish with integral color would meet this requirement. p. 300 REGULAR SESSION JULY 12, 2021 PAGE -300- MINUTE BOOK 30 9.B. Signage Plan When a detailed site plan is prepared for a development within the PUD 25 area it is to include a signage plan for primary signs, such as ground signs and wall signs. The signage plan is to identify the type, size, and general location of the proposed sign(s). Specifically, development areas 1 and 2 shall have a shared multi-tenant sign on the east side of the driveway onto Paul Huff not exceeding one hundred and fifty (150) square feet. Wall signs shall not exceed 30% of the façade they are located on and no wall sign with any manor of lighting shall be present on any wall facing Indian Hills SD. The signage plan will demonstrate conformity with the City’s sign regulations where those are not otherwise modified by this section. The Planning Commission may consider proposals for innovative grouping of signs for development within PUD 25 and adjacent properties and approve such as part of the detailed site plan approval. A primary City concern will be to maintain the high-quality appearance of the area as part of the Exit 27 gateway to Cleveland. Billboards are not permitted within the boundaries of PUD 25. 9.C. Outdoor Displays Outdoor displays of merchandise and outdoor storage of goods and merchandise, including but not limited to materials stored in trailers or shipping containers, is prohibited within 50 feet of any right-of-way. In no event shall any display or storage of merchandise be configured so as to impede the visibility of motorists within or adjacent to the subject property. Section 10. LITTER, SOLID WASTE, AND DRAINAGE STRUCTURE MAINTENANCE. The method of solid waste disposal for each use throughout the project site shall be as approved by the City’s Director of Public Works. Dumpsters shall be on a concrete pad and shall be screened by a masonry enclosure. Storage for inedible fats or greases shall likewise be enclosed and, if adjacent to a dumpster, shall be separated from the dumpster by a concrete block wall. Litter and debris shall be removed from the parking lots and grounds throughout the project site on a regular basis such that these materials do not accumulate noticeably on-site or migrate to surrounding property. Removal of litter and debris shall include the removal of such materials from drainage structures and other areas where accumulations may occur. Maintenance of drainage structures including removal of sediment, debris, and intrusive vegetation, such that these drainage structures continue to function as designed shall be the continuing responsibility of the developer, or its assigns or successors in title, and shall include effective control of algae, mosquitoes, and other such concerns as may occur with wet stormwater detention areas; such control by the developer will be monitored by the City and shall include technically appropriate means that may include mechanical aeration, application of chemicals, and/or other means. Mechanical sweeping of the parking lot and driveway areas shall be performed regularly by the Developer to control dirt, litter, and debris. Section 11. SETBACKS, BUILDING HEIGHTS, AND DENSITY Building setbacks, height limits, and lot dimensions for the commercial development area of PUD 25 shall be as designated for the CH Commercial Highway zoning district, together with the Interstate Gateway Corridor overlay, except as otherwise approved by the Planning Commission as part of the detailed site plan approval process or as otherwise modified in this section. Likewise, residential lot sizes, building heights, and setbacks shall be as required for the R3 residential zoning district unless otherwise modified by the Planning Commission. The setback along Paul Huff Parkway, I-75, and any internal public roads shall be 15’. There is no setback requirement on internal property lines. Building Heights for lots may be adjusted by the Planning Commission to meet the needs of the proposed development. Section 12. COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS. p. 301 REGULAR SESSION JULY 12, 2021 PAGE -301- MINUTE BOOK 30 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 shopping center and for construction on the outparcels and other construction on or adjacent to the site for which the Developer is responsible. In the event that there are state or federal agency permit requirements arising from PUD 25 development of this site, such as the off-site mitigation for impacts on a blue-line stream as required by the Tennessee Department of Environment and Conservation (TDEC), the Developer is responsible for those permit requirements. If a state or federal agency causes the City of Cleveland to incur costs to comply with any permit requirements for the PUD development of this site, the Developer shall reimburse those costs to the City. 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 of construction for fixture installation, furnishing, store stocking, employee training and the like may be granted by the City’s Building Official and such permission shall not be unreasonably withheld). 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 13. SUBDIVISION AND SITE PLANNING OF OUTPARCELS. The aggregation of existing parcels into the development sites needed for the various developments within PUD 25 is anticipated to require the subdivision or re-subdivision of land. In order to accomplish this, the Developer is required to prepare a preliminary and final plat for approval by the Cleveland Municipal Planning Commission, and record the final plat(s) once approved. The platting of land into the proper parcels is a necessary precursor to the approval of the detailed site plan for the portion of PUD 25 in question. Such plat(s) should include the provision of right-of-way for any proposed future road improvements that are planned as the PUD 25 project progresses. Platting is to be carried out in accordance with the adopted subdivision regulations. Section 14. PUD DEVELOPMENT PLAN. The conceptual development plan and related drawings attached hereto or referenced herein as well as the terms and conditions of this ordinance will comprise the development plan for PUD 25. Detailed site plans as referred to in this ordinance are required to carry out the PUD 25development and will be considered as part of the development plan when these are subsequently approved by the Planning Commission. It is understood that the owners of the individual properties within the development are each responsible for the compliance of their respective properties with the terms of this ordinance. The owners of the respective properties are expected to work cooperatively toward the achievement of the common development plan for this PUD 25 but a violation by one landowner will not constitute a violation by another landowner. However, joint responsibility may be established for jointly used and maintained facilities that may be incorporated into the detailed site plan(s). Section 15. TIME LIMITS AND POSSIBLE REVERSION TO FORMER ZONING. The developer must have carried out a substantial development of this project within ten years from the effective date of this ordinance or the City may cause the property to revert to its former zoning classification without liability for any damages. Substantial development shall be interpreted to mean commencement of construction on at least one commercial building (hotel, restaurant, etc.) or residential structure within the PUD 25 area. p. 302 REGULAR SESSION JULY 12, 2021 PAGE -302- MINUTE BOOK 30 Section 16. 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. The Planning Commission has specific authority to review and approve detailed site plans for the development of PUD 25. Minor revisions to detailed site plans that affect a quantity or dimension by less than 30%, or which substitute a material for one of like or better quality in 30% or less of the project area, or which increase functionality by adding a feature desired in PUD 25 (e.g. sidewalk, transit stop, bike racks, etc.) can be approved through the staff site plan review committee with the consent of the City Manager and the Planning Commission Chairperson. Errors and omissions in the PUD 25 development plan that do not constitute a material change in the development plan can be corrected in the same manner as a minor revision. Section 17. BINDING UPON OTHERS. It shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term “Developer” is intended to encompass the purchaser(s) of the subject property and any 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. The term “Developer” is intended to include persons or firms or entities acquiring title to the subject property for the purpose of owning land and/or buildings in the PUD 25 development which they may use for a business location or rental property. The term “Developer” also applies to leaseholders who have the right to make tenant improvements on the property. It is understood that persons and entities coming under the definition of “Developer” may at some point divest themselves of their property interests in PUD 25 such that they are no longer responsible for complying with terms of this ordinance. Section 18. 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 this ____ day of __________, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 303 REGULAR SESSION JULY 12, 2021 PAGE -303- MINUTE BOOK 30 Exhibit A Exhibit B p. 304 REGULAR SESSION JULY 12, 2021 PAGE -304- MINUTE BOOK 30 Exhibit C Exhibit D Vice Mayor Johnson moved that Zoning Ordinance 2021-20 be approved on first reading. The motion was seconded by Councilman Cassada. Councilman Hughes declared he is not apart of the PUD but does own property that is being considered in the PUD, which does not affect his vote. Upon roll call, the motion was unanimously passed. Councilman Cassada moved that Resolution 2021-59, Resolution 2021-60 and Zoning Ordinance 2021-21 all relating to the annexation of 70 acres located on Tasso Ln NE be deferred to the next Council meeting. The motion was seconded by Councilman May; and upon roll call, unanimously passed. p. 305 REGULAR SESSION JULY 12, 2021 PAGE -305- MINUTE BOOK 30 The following Ordinance was then presented in full: • Ordinance 2021-22 – Amending Title 10 of the Municipal Code to add a new Chapter 4 concerning regulations for Fowl in the City of Cleveland. ORDINANCE 2021-22 AN ORDINANCE TO AMEND TITLE 10 OF THE CLEVELAND MUNICIPAL CODE, ANIMAL CONTROL, TO ADD A NEW CHAPTER CONCERNING FOWL AND TO PROVIDE FOR AN EFFECTIVE DATE FOR THE IMPLEMENTATION OF THIS CHAPTER WHEREAS, the City Council has discussed amending the Cleveland Municipal Code pertaining to Animal Control; and WHEREAS, the City Council has considered the input and recommendations of the City Manager, and other City staff; and WHEREAS, the City Council desires to adopt this ordinance to amend the Cleveland Municipal Code to add a new section pertaining to regulations for Fowl in the City of Cleveland and to provide for an effective date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED, THAT: Title 10 of the Cleveland Municipal Code be amended by adding a new Chapter 4 and various sections and subsections as follows: Section 1. TITLE 10-ANIMAL CONTROL CHAPTER 4- DOMESTICATED FOWL SECTION 10-401-PURPOSE SECTION 10-402-DEFINITION SECTION 10-403-NUMBER AND TYPE OF FOWL ALLOWED SECTION 10-404-NONCOMMERCIAL USE ONLY SECTION 10-405-FENCED ENCLOSURES AND HENHOUSES SECTION 10-406-FOOD STORAGE AND REMOVAL SECTION 10-407-WASTE REMOVAL SECTION 10-408-KEEPING OF FOWL ON PROPERTY ZONED RESIDENTIAL AGRICULTURAL (RA) SECTION 10-409-SUPPLEMENTAL NATURE OF THIS CHAPTER Section 10-401-Purpose The purpose of this Chapter is to provide standards for the keeping of domesticated fowl. It is intended to enable residents to keep a small number of female fowl on a noncommercial basis while limiting the potential adverse impacts on the surrounding neighborhood. The city recognizes that adverse impacts may result from the keeping of domesticated fowl as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects or parasites, and non-confined animals leaving the owners property. Section 10-402-Definition For purposes of this Chapter, “Fowl” is defined as chickens, ducks, geese, guinea, turkeys, or any exotic domestic fowl. p. 306 REGULAR SESSION JULY 12, 2021 PAGE -306- MINUTE BOOK 30 Section 10-403-Number and type of fowl allowed.` a) Number and type of fowl allowed – (1) As of January 1, 2022, up to a total of twelve (12) fowl (hens) may be allowed. The provisions of this section apply to all residential lots regardless of how many dwelling units are on the lot. Fowl are not allowed in multifamily residential units. (2) As of January 1, 2023, up to a total of six (6) fowl (hens) may be allowed. The provisions of this section apply to all residential lots regardless of how many dwelling units are on the lot. Fowl are not allowed in multifamily residential units. (3) Only female fowl (hens) are allowed in the City. (4) There are no restrictions on the type of domestic fowl breeds (hens). (5) Roosters and Peacocks are specifically prohibited within the city limits. Section 10-404-Noncommercial Use Only Hens shall be kept for personal use only; no person shall sell eggs or engage in fowl breeding or fertilizer production for commercial purposes. The slaughtering of fowl is prohibited. Section 10-405- Fenced Enclosures and Henhouses. (1) Hens must be kept in a fenced enclosure at all times. The fenced enclosure must be either: (i) covered, or (ii) at least forty-two (42) inches high, in which case, all hens must be wing-clipped to prevent escape. Hens shall be secured within the henhouse during non-daylight hours. (2) In addition to the fenced enclosure, hens shall be provided with a covered, predator- resistant henhouse. (3) A minimum of two (2) square feet per hen, but not greater than twelve (12) square feet, shall be provided for henhouses; and a minimum of six (6) square feet per bird for fenced enclosures, but not greater than thirty-six (36) square feet of fenced enclosure. (4) Fenced enclosures and henhouses must be properly ventilated, clean, dry, and odor- free, kept in a neat and sanitary conditions at all times in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor, or other adverse impact. (5) The henhouse and fenced enclosure must provide adequate ventilation and adequate sun, shade and must be constructed in a manner to resist access by rodents, wild birds, and predators, including dogs and cats. (6) Henhouses shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird-resistant wire of less than one (1) inch openings. (7) The materials used in making the henhouse and fence shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and windows or openings are constructed using the same materials. The henhouse shall be well-maintained. (8) The fenced enclosure may not be located within fifteen (15) feet from any abutting property line. p. 307 REGULAR SESSION JULY 12, 2021 PAGE -307- MINUTE BOOK 30 (9) Henhouses and enclosures shall not be permitted in front yards. Section 10-406-Food Storage and Removal All stored food for the hens must be kept either indoors or in a weather-resistant container designed to prevent access by animals. Un-eaten food shall be removed daily. Section 10-407-Waste Removal Provisions must be made for the removal of fowl manure. In addition, the henhouse and surrounding area must be kept free from trash and accumulated droppings at all times. Section 10-408-Keeping of Fowl on property zoned Residential Agricultural (RA) Fowl are permitted on parcels zoned Residential Agricultural (RA) provided that the parcel is on a city lot of 5 acres or more, and there is not more than 5 fowl per total acres of the lot. No person shall keep any fowl on an RA zoned parcel within 300 feet of any residence, place of business, or public street. This will be measured from henhouse to the nearest portion of the residence building, place of business building, or public street. Section 10-409-Supplemental Nature of this Chapter The rules and regulations in this chapter are supplemental in nature. All other rules and regulations of the Cleveland Municipal Code apply to the keeping of fowl. In addition to the requirements of this chapter, any person or entity keeping fowl must also follow all of the other rules provided for in Title 10 of the Cleveland Municipal Code pertaining to animals. Section 2. Effective Date: This ordinance shall take effect on January 1, 2022, from and after its final passage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Ordinance 2021-22 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-61 – Authorizing the Mayor to sign an agreement with Chattanooga Gas concerning the installation of a new gas line under Paul Huff Parkway. RESOLUTION 2021-61 WHEREAS, the City of Cleveland and Chattanooga Gas Company have been in ongoing discussions about the installation of a new gas line under Paul Huff Parkway by Chattanooga Gas Company; and WHEREAS, after looking at various options, the City Manager and the City of Cleveland’s Development and Engineering department are recommending to the City Council that it approve of an agreement with Chattanooga Gas Company once the same has been finalized and reviewed and approved by city staff; and WHEREAS, the City Council desires to approve of this agreement with Chattanooga Gas Company and to authorize the Mayor to execute the same on behalf of the City once the same has been finalized and reviewed and approved by city staff. p. 308 REGULAR SESSION JULY 12, 2021 PAGE -308- MINUTE BOOK 30 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 agreement with Chattanooga Gas Company relating to Paul Huff Parkway once the same has been finalized and reviewed and approved by city staff. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the agreement on behalf of the City of Cleveland once the same has been finalized and reviewed and approved by city staff. This 12th day of July 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution 2021-61 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • The Council meeting scheduled for Monday, July 26 will be cancelled. • The next City Council meeting will be held on Monday, August 9, 2021. Mayor Brooks also asked that the City’s social media pages be updated for when the meetings occur. There being no future business the meeting was adjourned at 4:24 p.m. _________________________________ __________________________________ Mayor City Clerk