Cleveland City Council

p. 662 REGULAR SESSION MAY 23, 2022 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, MAY 23, 2022 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, Ken Webb and Councilwoman Marsha McKenzie. Councilmen David May, Jr. and Dale Hughes were absent from the meeting. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Corey Divel, Assistant to the City Manager; Beverley Lindsey, Assistant to the City Manager; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Chris Townsend; Cathy Andrews, CDBG Coordinator; Tonay and Joyce Stapek; Allen Jones and Aaron Murray with Champy’s Chicken; Doug Berry with the Chamber of Commerce; David Kahun; Sonya Norman; Alex Staup; Amy Newman, City Accountant; Brittany Crisp and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, the following business was then entered into: Councilman Cassada moved to excuse Councilmen Dale Hughes and David May from the meeting. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. 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 May 9, 2022 and approve them as written. The motion was seconded by Councilwoman McKenzie; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS No special presentations and public comments. 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 4.7 acres from IL to R2 for property located on Ralph Buckner Boulevard (Tax Map 050J Parcel 014.00). Robert Varnell, Planning Director reported the area mirrors the R2 zoning and development. The Planning Commission did approve this request 7-1 with 1 member being 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 of the rezoning. 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 a request by the property owner to rezone 4.2 acres from CG to PUD38 for property located on Ocoee Crossing (Tax Map 042H Parcels 001.14 and 001.12). Robert Varnell, Planning Director reported this is a commercial style PUD, which does allow for residential use on the second floor above the primary structure, if that is a vision they’d like to pursue. The tenants have been the catalyst for some of the creative design within the PUD. The Planning Commission did approve this request 8-0 with 1 member being 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 of the rezoning. Mayor Brooks then declared the public hearing to be closed. p. 663 REGULAR SESSION MAY 23, 2022 PAGE -663- MINUTE BOOK 30 CONSENT AGENDA Councilman Estes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Webb; and upon roll call, the consent agenda unanimously passed. • Resolution 2022-40 - Accepting Cottage Way (beginning along the south line of Cobblestone Drive and continuing for approximately 275 feet) and Cobblestone Drive (beginning along the east line of Old Chattanooga Pike and continuing for 650 feet to a point approximately 45 feet north of the Cottage Way centerline). RESOLUTION 2022-40 WHEREAS, Cobblestone Ridge Phase 1 is a subdivision located in the City of Cleveland and is depicted on a plat recorded in Plat Book 36 page 45 in the Bradley County Register of Deeds Office; and WHEREAS, Cottage Way (beginning along the south line of Cobblestone Drive and continuing for approximately 275 feet) is a street located within this development and is depicted on this Plat; and WHEREAS, Cobblestone Drive (beginning along the east line of Old Chattanooga Pike and continuing for 650 feet to a point approximately 45 feet north of the Cottage Way centerline) is also a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept these streets as City streets; and WHEREAS, the City's engineering staff has inspected these streets and is now recommending that the City accept these streets as City Streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept the following as City streets: (1) Cottage Way – beginning along the south line of Cobblestone Drive and continuing for approximately 275 feet. (2) Cobblestone Drive – beginning along the east line of Old Chattanooga Pike and continuing for 650 feet to a point approximately 45 feet north of the Cottage Way centerline. This 23rd day of May, 2022 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-41 – Authorizing the Mayor to sign a letter of engagement and contract with Wedgewood Accounting, PLLC to audit the accounts of the City of Cleveland for the period July 1, 2021 through June 30, 2022. p. 664 REGULAR SESSION MAY 23, 2022 PAGE -664- MINUTE BOOK 30 RESOLUTION 2022-41 A RESOLUTION AUTHORIZING AN ENGAGEMENT LETTER AND A CONTRACT WITH WEDGEWOOD ACCOUNTING, PLLC TO AUDIT THE ACCOUNTS OF THE CITY OF CLEVELAND, TENNESSEE WHEREAS, the City of Cleveland has received a proposal from the Certified Public Accounting firm of Wedgewood Accounting, PLLC, to audit the accounts for the period from July 1, 2021, through June 30, 2022, with a fee of $54,000.00; and WHEREAS, the City Council desires to enter into an engagement letter and a contract with Wedgewood Accounting, PLLC, and to further authorize the Mayor to execute the required engagement letter and the attached contract on behalf of the City of Cleveland. BE IT THEREFORE RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor be, and hereby is, authorized to sign the engagement letter and contract and all other necessary forms for said audit on behalf of the City of Cleveland for the above referenced contract. Adopted this 23rd day of May, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-42 – Supporting submission of a 2022 Multi-modal Access Grant (MMAG) notice of intent to apply and authorizing the application and matching funds (State Route 60/Georgetown Road Corridor). RESOLUTION 2022-42 RESOLUTION CONFIRMING SUBMISSION OF A 2022 MULTI-MODAL ACCESS GRANT (MMAG) NOTICE OF INTENT TO APPLY AND AUTHORIZATION OF APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR MMAG PROJECT FUNDING FOR MULTI-MODAL IMPROVEMENTS IN THE STATE ROUTE 60 GEORGETOWN ROAD CORRIDOR AND AUTHORIZATION OF CITY MATCHING FUNDS WHEREAS, the City Council of previously approved the submission of an MMAG project on SR 60 Georgetown Road in the area generally between Cleveland Middle School and Candies Lane, connecting with the multi-modal improvements in the TDOT SR60 widening project now underway; and WHEREAS, the aforementioned MMAG application was not successful but the project proposal has been evaluated under the current MMAG requirements and modified in ways that city staff believe would make the project more competitive; and WHEREAS, it is desirable to submit an MMA Grant application for multi-modal improvements in this area for the maximum state investment of $1,125,000 with the required local match of $125,000; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Confirms the submission to TDOT of a Notice of Intent to Apply for an MMAG for the project described herein. p. 665 REGULAR SESSION MAY 23, 2022 PAGE -665- MINUTE BOOK 30 2. Authorizes the Mayor to work with staff to develop and submit all materials necessary for the MMAG located primarily on SR 60 Georgetown Road generally between the end of the TDOT SR 60 widening and Candies Lane, with some necessary connectivity improvements on adjacent streets. 3. The MMAG submission is to be for up to $1,125,000 state funds on an MMAG project total of up to $1,250,000 and the required city match is approved up to $125,000. 4. The Mayor is authorized to sign all documents necessary to the grant application process described herein. Approved this 23rd day of May, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Summary – Paul Huff Parkway at Mouse Creek Road Intersection Improvement Project - mast arm pole, foundation and conduit installation [after discussion, it was determined the City would purchase outright and not place on the investment charge.] TO: Mayor and City Council FROM: Brian Beck, City Engineer DATE: May 19, 2022 RE: Bid Summary – Paul Huff Parkway at Mouse Creek Road Intersection Improvement Project-Mast Arm pole, foundation and conduit installation SUMMARY: Cleveland Utilities received sealed bids on behalf of the City of Cleveland for the construction of traffic signal mast-arm foundations, installation of pre-purchased poles with mast-arms and installation of conduit for a re-constructed traffic signal on the Paul Huff Parkway at Mouse Creek Intersection Improvement project. Two bids were received and are listed below. • Nabco Electric $112,894.00 • Edison Electric $115,251.50 COMMITTEE FINDINGS: No Committee or Board action FISCAL ANALYSIS: Funds are available. RECOMMENDATION: City staff recommends award to Nabco Electric. Cost to be covered by Cleveland Utilities Investment charge or funded by the City of Cleveland. • Bid Summary – Paul Huff Parkway at Peerless Road Intersection Improvement Project – Materials for mast arm poles [after discussion, it was determined the City would purchase outright and not place on the investment charge.] p. 666 REGULAR SESSION MAY 23, 2022 PAGE -666- MINUTE BOOK 30 TO: Mayor and City Council FROM: Brian Beck, City Engineer DATE: May 19, 2022 RE: Bid Summary – Materials for Mast Arm Poles – Paul Huff Parkway at Peerless Road Intersection Improvement Project SUMMARY: Cleveland Utilities received bids on behalf of the City of Cleveland for mast arm pole materials on the Paul Huff Parkway at Peerless Road Intersection Improvement project. Two bids were received and are listed below. • Transportation $89,894 - 16-week delivery time Control Systems (TCS) • NOV $109,690 - 18-week delivery time COMMITTEE FINDINGS: No Committee or Board action FISCAL ANALYSIS: Funds are available. RECOMMENDATION: City staff recommends award to Transportation Control Systems. Cost to be covered by Cleveland Utilities Investment charge or funded by the City of Cleveland. Note: If the bid is awarded to TCS, delivery times start after engineered drawing approvals. Engineered drawing approval takes 3 – 4 weeks plus the 16-week time period for fabrication and delivery for a total of approximately 20 weeks after City authorization. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada inquired about the buffer area for the development at Paul Huff/Mouse Creek Road and why the developer has not finished. He then showed photos of the fallen fence, that wasn’t installed correctly. We have a $30,000 bond on file and doesn’t understand why they haven’t finished. Mr. Jobe stated the developer doesn’t own all the lots. they are different owners. Councilman Cassada stated the developer should be responsible. Mr. Jobe stated the last resort is to pull the bond. Councilman Cassada asked if we can. Mr. Jobe stated LeConte was to reach out to Councilman Cassada. [Mr. Fivas added comments, but they were inaudible.] Mr. Jobe added staff will reach out to LeConte to discuss and pull the bond as a last resort, for staff to complete the work. Councilman Cassada stated he would like to add a motion to new business to discuss further. Secondly, he asked what the plan for the Roy’s Alternator building is now that the City owns it. Mr. Fivas stated we are in a holding pattern waiting for the two interested parties to the RFP to turn in their financials and then the Council will decide the best uses for the property. It will be an as is property and before we do anything, let them do research and figure out their costs and investment. Councilman Cassada stated we bought the property for $430,000 but why was it stated it was worth $650,000. Also, Mr. Fivas signed the paperwork for the transaction. Mayor Brooks stated correct. He was out of town and the closing needed to happen before the end of the month. Councilman Cassada then asked about the status of the Raider Drive building. Mr. Fivas responded we are waiting on a signature from the owner. Councilman Cassada asked Mr. Kimball if Mr. Fivas was allowed to sign the paperwork for the Roy’s Alternator building. Mr. Kimball replied yes, if the Mayor is out of town he can ask Mr. Fivas, Mr. McKay or Vice Mayor Johnson to act on his behalf, particularly to save the taxpayer money. Mayor Brooks stated he was asked by the City Manager if I approved of his signature on the deed since I was out of town; and I agreed. I did not overstep. p. 667 REGULAR SESSION MAY 23, 2022 PAGE -667- MINUTE BOOK 30 Mr. Kimball then addressed the value on the deed of the Roy’s Alternator building. In Tennessee, the affidavit of value can be the purchase price or what the owner suggests is the value, whichever is greater. The seller believes the value is greater and will asked the federal government to request a charitable donation for the difference. Councilman Webb stated over the weekend there was a Neighborhood Story event in Blythe Oldfield area, where they told the story of Blythe Oldfield. They gave bus tours of the neighborhood, and it was meaningful to see the changes that has taken place in the area with new houses, redeveloped houses, sidewalks and the garden. He listened to the residents talking about how it was rundown and now it has been restored. He encouraged everyone to attend if another event takes place. Michelle Goldston stated she is now with City Fields and thanked Councilman Webb for attending the event. The bus tour was very popular. People enjoyed seeing improvements and renovations. Fourteen houses have been completed and currently have ten under construction. They plan to renovate ten houses a year. She thanked the City for continued support and funding. Councilwoman McKenzie stated she received a call concerning the median along 25th street needs attention. Also, why can’t the rocks be removed and have grass instead. Also, who is responsible for cleaning the canal at Keith/25th Street. It is overgrown. Secondly, she has received calls concerning loud mufflers and speeding down Georgetown Road during the early morning hours. Is it possible for additional patrol? Lastly, she has received several comments concerning the new development and annexation near Exit 20 and asked for additional clarification. Mayor Brooks stated he has heard several comments as well, like how and why would the city take or annex this property. This is the American Dream. There were two families that owned two farms, that came to the city and said they’d like to do something better for the next generation of their family. There was no land grab as reported on Facebook. There was no forced annexation. We’ve been compared to Ooltewah and Hamilton County in the local media Facebook page. None of it has been retracted or countered. He is thankful we live in a community that families can do better, that they can believe in the American Dream, whether it’s in the Blythe Oldfield or the south side. The Council hears nothing, but can you please do something for the south side of our city. We hear it continuously, please develop the south side. Now, two families have come forward saying they would like to participate in the redevelopment of the south end of Bradley County, Cleveland city limits, could we partner with the City. It is absolutely, perfectly wonderful. From our realtor friends we constantly hear we don’t have enough inventory. Here we have a chance on the southside of our city that’s not popping up like dandelions like Michigan Avenue or overcrowded with traffic like Paul Huff. We have an area in our city that we have been given a chance to make better. He is very concerned about the way it has been reported and the way it has been reacted to because of lack or misinformation in the public. These two families should be thanked, and he can’t wait to do so. Many hours have been put in to make sure this development can work. It is not unwelcomed. Councilman Webb stated it was owner request to be annexed. It was not a land grab. This is working like the State designed annexation to work. Vice Mayor stated he has seen many things come and go on the southside of Cleveland. Whatever we can do to revitalize the southside you will have his vote. It is a part of our community that has fallen behind. We are headed in the right direction. Councilman Estes congratulated HCNA for celebrating 20-years at Deer Park. Secondly, when 25th Street was curbed, we had major flooding on the roadway, so he is not sure how to balance that and the aesthetics. Next, he walked the Greenway to IHOP over the weekend. It is gorgeous and well maintained. Third, he asked Mr. Jobe if the City has a position on pulling the LeConte bond. Mr. Fivas responded that city staff should be given the opportunity to discuss it with them and time to fix the situation. Councilman Cassada stated he would pull the item off the agenda if staff would do that and reach a consensus before the next meeting. Next, he praised Robert Varnell for his work with the Planning Commission over the last four months. This new development off Exit 20, it’s not just a bunch of houses. It is extremely high quality, a quality-of-life development. It’s not let’s get as many houses as possible. This is a catalyst. Lastly, he asked Mr. McKay to check about a one-page flyer that shows the difference in investing in one house in the Blythe community does. Mr. McKay responded he believes Dustin p. 668 REGULAR SESSION MAY 23, 2022 PAGE -668- MINUTE BOOK 30 Tommey has that information available but can provide something. Councilman Estes added it would be good to help the citizens see the investments and growth in the community. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2022-10 – Rezoning 4.7 acres located on Ralph Buckner Blvd (Tax Map 050J A 014.00) from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 7-1; 1 absent). ZONING ORDINANCE 2022-10 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from IL Light Industrial Zoning District to R2 Low to Medium Density Residential District Zoning District. Approximately 4.7 acres, more or less, located on Ralph Buckner Boulevard as shown on the attached exhibits. For reference, also being shown as a portion of Tax Map 50J Parcel 14.00 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, 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. 669 REGULAR SESSION MAY 23, 2022 PAGE -669- MINUTE BOOK 30 Exhibit B Vice Mayor Johnson moved that Zoning Ordinance 2022-10 be approved on first reading. The motion was seconded by Councilman Estes. Councilman Estes then added this mirrors what is across APD40 and the Planning Commission looked at this very hard and determined the best use for the property. Upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2022-11 – Rezoning 4.2 acres located on Ocoee Crossing (Tax Map 042H C 001.14 & 001.12 from CH Commercial Highway Zoning District to PUD38 Planning Unit Development Zoning District (Planning Commission: Approved 8-0; 1 absent). ZONING ORDINANCE 2022-11 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 OCOEE CROSSING CENTRAL COMMERCIAL "PUD 38" ON PROPERTY DESCRIBED AS TAX MAP 42H C PARCELS 001.14, 001.11, AND 001.12, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 38; 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 p. 670 REGULAR SESSION MAY 23, 2022 PAGE -670- MINUTE BOOK 30 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 38" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 38 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 38 district are 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 38, Ocoee Crossing Central Commercial Development (name may be revised during the platting process with approval of the Cleveland Municipal Planning) includes property generally identified as Tax Map 42H C Parcels 001.14 and 001.12. Exhibit A illustrates the overall Ocoee Crossing Central Commercial Conceptual Plan for the subject property. Section 4. GENERAL PROJECT DESCRIPTION AND DEVELOPMENT DENSITY. This section is intended to provide a general description of the Ocoee Crossing Central Commercial development. The project consists of multiple commercial buildings, to include one or more restaurants. Exhibit A shows the general location of proposed infrastructure and common parking areas. The developer shall include any permanent retention or detention pond areas, or landscaped common areas. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 38 allows for the construction of single-tenant structures and multi-unit Commercial structures. Specific uses including restaurants (with or without Drive-up facilities), hotels, supermarkets, department stores, commercial recreation/entertainment facilities, shopping centers with multiple tenants, professional offices, service business such as dry cleaners, personal service businesses such as barbers, beauty salons, nail salons, are allowed by right. Prohibited uses include self-storage, car wash’s, oil change facilities, convenience stores with gas pumps, and vehicle sales. If any residential units are desired though the development of the PUD they will be required to be placed above retail units on 2nd or 3rd floors of a structure. Streets, sidewalks, drainage structures, fire hydrants, utilities, and the like are allowed. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 38 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 commercial uses within the Ocoee Crossing Central Commercial development will comport with the descriptions of the constituent parts of the development which are conceptually described within Exhibit A unless modified by agreement of the Cleveland Municipal Planning Commission. Conditional uses within the PUD 38 district shall be dictated by the underlying Commercial General (CG) zoning. Uses other than those described as permitted or allowed herein are prohibited. Billboard signs are prohibited. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibit A) for PUD 38, The Ocoee Crossing Central Commercial Development was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on April 19, 2022. The conceptual plan consists of a site p. 671 REGULAR SESSION MAY 23, 2022 PAGE -671- MINUTE BOOK 30 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 PUD38 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 Ocoee Crossing Central Commercial development may ultimately reflect some alteration in the conceptual plan such as the exact location of each specific commercial structure typology within the commercial areas. 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.). 6.B. PLATS. One or more plats will be prepared for the PUD38 property by the Developer for approval in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will 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 38 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 38 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 PUD38 shall be those established in this ordinance. Where development standards are not otherwise included in this ordinance, the standards shall be those in the CG zone, from the City of Cleveland's zoning regulations. 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. All stormwater detention/retention areas will be screened from the public ROW. With the minimized setback for the Champy’s location there will need to be construction of a retaining wall along Ocoee Crossing Place road frontage, said wall will be constructed a Mountain Stone material. Redi Rock or similar is not allowed. Architectural standards for the Site shall be consistent with the surrounding previously developed commercial property utilizing brick and stone materials. The proposed restaurant shall follow the existing architectural style of Champy’s Restaurant locations already constructed throughout the area (see exhibit “C” for references). All building shall be serviced by sidewalks within the development. Sidewalks should be illustrated on all plats and site plans for review by city staff. Sidewalk connections shall be made at all entrances to Ocoee Crossing, including the existing drive aisle connecting to Food City. The minimum setbacks and lot width requirements for Commercial sites shall be as follows: 1. Front Setback – 5’ 2. Rear Setback – 5’ 3. Side Setback – 5’ p. 672 REGULAR SESSION MAY 23, 2022 PAGE -672- MINUTE BOOK 30 Parking lot standards shall be as follows: 1. Parking lots shall be divided with landscaped islands separated by no more than 12 spots. 2. Parking standards shall be in conformance with exhibit A, with a shared parking principal in place for the entire development allowing for flexibility of development. A minimum of 3 parking spots at the front of Champy’s proposed site shall be designated for “pick-up” or take- out customers only. Open patios and decks, if allowed by the Developer, may extend to within 4 feet of a property line or a lesser distance if required by the developer. 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 CG Commercial Zoning District shall apply for any standards this ordinance does not address. 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 PUD38 Ocoee Crossing Central Commercial Development. 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 PUD38, 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 A 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 PUD38 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 construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term 11Developer'' is intended to encompass Morgan Lane Development 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 p. 673 REGULAR SESSION MAY 23, 2022 PAGE -673- MINUTE BOOK 30 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 Councilman Webb moved that Zoning Ordinance 2022-11 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 674 REGULAR SESSION MAY 23, 2022 PAGE -674- MINUTE BOOK 30 The following Ordinance was then presented in full: • Ordinance 2022-12 – Amending the FY2022 Budget. ORDINANCE 2022-12 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2021-2022 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE. BE IT ORDAINED by the City Council of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2021-2022 be amended according to the attached amendment. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of Cleveland requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 675 REGULAR SESSION MAY 23, 2022 PAGE -675- MINUTE BOOK 30 p. 676 REGULAR SESSION MAY 23, 2022 PAGE -676- MINUTE BOOK 30 p. 677 REGULAR SESSION MAY 23, 2022 PAGE -677- MINUTE BOOK 30 Councilman Estes moved that Ordinance 2022-12 be approved on first reading. The motion was seconded by Councilman Webb. Councilman Cassada inquired about the increased revenues. Mr. McKay stated we conservatively budget for revenues. We had better than expected sales tax collections this past year. Upon roll call, the motion was unanimously passed The following Resolution was then presented in full: • Resolution 2022-43 – Approving eminent domain proceedings, if necessary, in order to acquire the necessary rights-of-way and/or easements relating to the Gaut Street Sidewalk Project. RESOLUTION 2022-43 WHEREAS, the City of Cleveland is in the process of constructing sidewalks in the area of Gaut Street, Central Avenue, Inman Street and Dooley Street; and WHEREAS, to date the City of Cleveland has attempted unsuccessfully to acquire necessary right-of-way and/or easements from one property owners (one parcel) which are necessary in order to move forward with the project even though they agreed on a price per square foot and their signature is on file; and WHEREAS, the rights-of-way and/or easements that the City needs to acquire are generally identified as Parcel ID 057D H 018.00 for the sidewalk project; and WHEREAS, due to the time sensitive of the project the City Council of the City of Cleveland desires to go ahead and approve of eminent domain proceedings by the City of Cleveland to the necessary rights-of-way and/or easements should the City Staff be unable to obtain the same through continued negotiations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City's legal representatives be, and hereby are, authorized to institute eminent domain proceedings in order to the necessary rights-of-way and/or easements described herein. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution 2022-43 be accepted as presented. The motion was seconded by Vice Mayor Johnson. Upon roll call, Councilman Estes, Vice Mayor Johnson, Councilman Cassada, Councilman Webb voted aye. Councilwoman McKenzie voted no. The motion carried 4:1. p. 678 REGULAR SESSION MAY 23, 2022 PAGE -678- MINUTE BOOK 30 The following Bid Summary was presented in full: • Bid Summary – Paving TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: May 23, 2022 RE: Bid Summary – Paving SUMMARY: Sealed bids were received on May 17, 2022, for Major Street Paving. The bids are listed below: • Talley Construction Co., Inc. Rossville, GA $1,662,625.00__ _____ • Wright Brothers Construction Co., Inc. Charleston, TN $1,678,475.00________ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Recommendation is to award the contract to Talley Construction. The initial term of this contract will be for a one-year period beginning July 1, 2022 and ending June 30, 2023. Councilman Estes moved to accept the bid report. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • City Offices will be closed on Monday, May 30 in observance of Memorial Day. • The next City Council meeting will be held on Monday, June 13, 2022. • Public Hearing for the FY2023 Budget will be held on Monday, June 13, 2022 There being no future business the meeting was adjourned at 4:09 p.m. _________________________________ __________________________________ Mayor City Clerk