Cleveland City Council

p. 888 REGULAR SESSION NOVEMBER 14, 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, NOVEMBER 14, 2022 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brook. Also present were Vice Mayor Avery Johnson, Councilmen Bill Estes, David May, Tom Cassada, Ken Webb and Councilwoman Marsha McKenzie. Councilman Dale Hughes was absent from the meeting. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Sue Zius, Administrative Coordinator; Beverley Lindsey, Assistant to the City Manager; City Attorney John Kimball; Chris Gaylor, IT/GIS Administrator; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Hal Taylor with City Schools; Doug Berry with the Chamber of Commerce; Sharon Marr with Mainstreet Cleveland; Cathy Andrews, CDBG Coordinator; Ben Berry with Berry Engineering; Jaxen Bay; Garry Rodgers and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Jeff Lovingood with First Baptist Church, the following business was then entered into: Councilman Cassada moved to excuse Councilman Hughes from today’s 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 October 24, 2022 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 six 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 Randolph Hamilton, Legend Holloway, Aaron Oliver, Colton Roe, Cody Widdow and Colton Ford and then welcomed them to the Cleveland Police Department. 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 .23 acres, more or less, from IH to CBD for property located at 630 Montgomery Avenue NE (also described as Tax Map 049M Group K Parcel 006.00). Robert Varnell stated the property owners have requested it be rezoned for possible redevelopment in the future. The Planning Commission approved this item 9-0. Mayor Brooks asked if anyone would like to speak in favor of the rezoning reqeust. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning request. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone 16.5 acres, more or less, from CH to PUD 43 for property located at 3900 Adkisson Drive (also described as Tax Map 033L Group C Parcel 010.00). Robert Varnell stated this is a multi-family request. We added some infrastructure improvements on Adkisson Drive, as well as internal improvements. Designated turn lanes on Adkisson and the development will include sidewalks. The Planning Commission approved this item 8:0 with 1 member recused. Mayor Brooks asked if anyone would like to speak in favor of the rezoning request. Ben Berry with Berry Engineers stated they see this development as the highest and best use of the property long term. The apartment community will have a pool, dog park and elevators. It will be a nice addition to the city. Gary Rodgers thanked the Council for their support of the project. We will strive for a good development. p. 889 REGULAR SESSION NOVEMBER 14, 2022 PAGE -889- MINUTE BOOK 30 Mayor Brooks asked if anyone would like to speak in opposition of the rezoning request. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the City of Cleveland to amend the Cleveland Municipal Code, Title 14 Chapter 2, Zoning Regulations, Section 2.15.2 to include cryptocurrency mining as a conditional use and section 1.6 definitions, to define cryptocurrency mining. Robert Varnell stated we had a public hearing and first reading at the last meeting. This is utilizing the tools to maintain a level of control for this use and the impact to the community. The Planning Commission approved this item 9:0. Mayor Brooks asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Cassada moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. • Final Passage - Zoning Ordinance 2022-38 – heretofore passed on first reading October 24, 2022 and found in Minute Book 30, Page 863; rezoning .55 acres, more or less, from R1 to R2 for property located at Clearwater Drive (also described as Tax Map 042O Group A Parcel 001.06) (Planning Commission: Approved 8:0; 1 absent). • Final Passage - Zoning Ordinance 2022-39 – heretofore passed on first reading October 24, 2022 and found in Minute Book 30, Page 864; rezoning 1.00 acres, more or less, from IH to CH for property located along APD 40 (also described as a portion of Tax Map 065 Parcel 001.00) (Planning Commission: Approved 8:0; 1 absent). • Final Passage - Zoning Ordinance 2022-40 – heretofore passed on first reading October 24, 2022 and found in Minute Book 30, Page 865; rezoning about 80 acres, more or less, from RA, R1, and CH to PUD 40 Planned Unit of Development for property located on North Lee Hwy (also described as Tax Map 034 Parcel 055.00) (Planning Commission: Approved 8:0; 1 absent). • Final Passage - Ordinance 2022-41 – heretofore passed on first reading October 24, 2022 and found in Minute Book 30, Page 871; amending PUD41 which includes about 54 acres, more or less, to include 12 townhome units as an allowable use and to reduce the minimum lot size from 7500 square feet to 5000 square feet (also described as Tax Map 058 Parcels 025.02, 024.00, and 024.05) (Planning Commission: Approved 7-0; 1 recused, 1 absent). • Final Passage - Ordinance 2022-42 – heretofore passed on first reading October 24, 2022 and found in Minute Book 30, Page 876; amending the Cleveland Municipal Code, Title 16 Streets, Sidewalks, and Drainage, Chapter 5 to include sidewalk construction requirements for all development and redevelopment projects (Planning Commission: Approved 7:1; 1 absent). • Final Passage - Ordinance 2022-43 – heretofore passed on first reading October 24, 2022 and found in Minute Book 30, Page 881; amending the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3.4.1 to remove sidewalk construction requirements in conflict with Title 16 (Planning Commission: Approved 9-0). • Final Passage - Ordinance 2022-44 – heretofore passed on first reading October 24, 2022 and found in Minute Book 30, Page 883; amending the Cleveland Municipal Code, Title 14, Zoning Ordinance, Section 2.15.2 conditional uses to include cryptocurrency mining and Section 1.6 to define cryptocurrency mining (Planning Commission: Approved 9-0). p. 890 REGULAR SESSION NOVEMBER 14, 2022 PAGE -890- MINUTE BOOK 30 • Resolution 2022-94 – Allocating the use of a portion of ARPA Funds for Police Vehicles and Fire Apparatus. RESOLUTION 2022-94 RESOLUTION FOR AMERICAN RESCUE PLAN ACT (ARPA) ALLOCATION WHEREAS, on March 11, 2021 the President of the United States signed into law the American Rescue Plan Act (ARPA) to provide continued relief from the impact of the COVID- 19 pandemic; and WHEREAS, the ARPA program appropriates funds to assist state, local, tribal and territory governments in responding to the COVID-19 pandemic; and WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency; and WHEREAS, Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.”; and WHEREAS, Recipients may elect a “standard allowance” of $10 million to spend on government services through the period of performance; and WHEREAS, All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula provided by US Treasury, including those with total allocations of $10 million or less; and WHEREAS, the City of Cleveland has the need to fund government services while in the recovery phase of the COVID-19 pandemic. NOW, THEREFORE IT BE RESOLVED, the City Council of the City of Cleveland, Tennessee, authorize the following: Section 1. The following allocation of ARPA funding to fund government services under the replacing lost public sector revenue spending category as follows: 1. Appropriating up to $400,000 to the Cleveland Police Department to purchase and equip police vehicles. 2. Appropriating up to $400,000 to the Cleveland Fire Department to purchase fire apparatus. Adopted this 26th day of September, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-95 – Authorizing the Mayor to sign a subrecipient agreement with the Community Foundation for Cleveland and Bradley for use of the CDBG-CARES Act Funding. p. 891 REGULAR SESSION NOVEMBER 14, 2022 PAGE -891- MINUTE BOOK 30 RESOLUTION 2022-95 WHEREAS, the City has received CARESs Act funding through the Community Development Block Grant (CDBG) program to be used for activities eligible under the Housing and Community Development Act of 1974, as amended; and WHERAS, the City has funds remaining in the CDBG-Covid Allocation; and WHEREAS, the Community Foundation of Cleveland and Bradley County has partnered with various community partners to assist with the Cold Weather Centers for the homeless; and WHEREAS, the activity described herein has been determined to be an eligible CDBG activity under the CARES Act to respond to, prepare for, and aid the prevention of COVID 19; and WHERAS, the City of Cleveland will award up to $10,000 for the activity, and in connection with said funding, the City Council desires to authorize the Mayor to execute a Subrecipient Agreement with the Community Foundation of Cleveland and Bradley County, which Agreement is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the Mayor is hereby authorized to execute the Subrecipient Agreement with the Community Foundation of Cleveland and Bradley County, which Agreement is attached hereto and incorporated herein by reference. This 14th day of November 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-96 – Authorizing the Mayor to sign an agreement with the Cleveland/Bradley County Public Library for the use of ARPA funds. RESOLUTION 2022-96 WHEREAS, on March 11, 2021, the United States Congress passed the American Rescue Plan Act of 2021 (“ARPA”), which provides fiscal relief funds to State and Local Governments, and other program areas aimed at mitigating the continuing efforts of the COVID- 19 Pandemic; and WHEREAS, Cleveland Bradley County Public Library seeks to paint the exterior of the library; and WHEREAS, the City Council finds that an investment of local fiscal recovery fund dollars to Cleveland Bradley Public Library to paint the exterior of the library is an eligible expense; and WHEREAS, on November 14, 2022, City of Cleveland appropriated twelve-thousand dollars ($12,000.00 ) for Cleveland Bradley County Library to paint the exterior of the library by the conditions and terms of the American Rescue Plan Act; and WHEREAS the City Council desires to approve of the attached agreement with Cleveland Bradley County Library for this project and the use of American Rescue Plan Act Funds, and the City Council further desires to authorize the Mayor to execute this agreement on behalf of the City of Cleveland. p. 892 REGULAR SESSION NOVEMBER 14, 2022 PAGE -892- 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 attached agreement with Cleveland Bradly County library regarding American Rescue Plan Act Funds for this project. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the attached agreement with Cleveland Bradley County Library on behalf of the City for this project. This 14th day of November 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-98 – Authorizing the future purchase of cameras for the Greenway through the Master Intergovernmental Cooperative Agreement #200203. RESOLUTION 2022-98 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE SECURITY SYSTEM PRODUCTS AND SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT #200203, AS AMENDED, WHICH IS ADMINISTERED BY THE INTERLOCAL PURCHASING SYSTEM (TIPS). __________________________________________________________________ WHEREAS Tennessee Code Annotated § 12-3-1205 provides that any municipality may participate in, sponsor, conduct, or administer a “cooperative purchasing agreement” for the procurement of any supplies, services, or construction with one (1) or more other local governments in accordance with an agreement entered into between the participants, including governmental entities outside this state; and WHEREAS, the Master Intergovernmental Cooperative Purchasing Agreement (“MICPA”) to provide security systems products and services between Waypoint Business Solutions (“Company”) and The Interlocal Purchasing System (TIPS) a government cooperative purchasing program authorized by the Region 8 Education Service Center of Pittsburg, Texas (“Lead Agency”), which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of security systems products and services pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative Purchasing Agreement provided that it adopts a resolution accepting the terms of the Master Agreement and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered on-line with The Interlocal Purchasing System (TIPS) at https://tips-usa.com which allows the City of Cleveland to enter into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements and facilitate access to the Master Agreement and the Company under Contract #200203, as amended, held by Region 8 Education Service Center as required by Tennessee Code Annotated § 12-3-1205 (a)(1). p. 893 REGULAR SESSION NOVEMBER 14, 2022 PAGE -893- MINUTE BOOK 30 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the City of Cleveland be and is hereby authorized to purchase security system products and services as a participating public agency under MICPA Contract #200203, as amended, held by Region 8 Education Service Center as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through The Interlocal Purchasing System (TIPS) for the City of Cleveland and its citizens. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-100 – Authorizing the Mayor to sign amendment #1 with TDOT related to the intersection improvement project at 25th and Ocoee Street. RESOLUTION 2022-100 WHEREAS, the City has received the attached contract amendment #1 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Intersection Improvements on SR-60 (25th Street, Intersection at SR-74 (Ocoee Street NE) Agreement Number: 090238 Project Identification Number: 109276.00 Federal Project #: STP-M/NH-60(19) State Project #: 06069-3228-54 WHEREAS, the City Council desires to enter into the attached contract amendment #1 with TDOT for the project described, and to further authorize the Mayor to execute this contract on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached contract amendment #1 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. The City will immediately contribute $496,000 for the requested cost of NEPA and Design of the project. Once confirmation that the project has been placed in the five-year plan, the City Manager will make a determination on the appropriate time when to submit the remaining $1,504,000 to TDOT. This 14th day of November, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 894 REGULAR SESSION NOVEMBER 14, 2022 PAGE -894- MINUTE BOOK 30 • Resolution 2022-102 – Amending the FY2023 Authorized Position List for Public Works. RESOLUTION 2022-102 A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR THE FY2023 BUDGET WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2023 City Budget; and WHEREAS, the City Budget contains the “Authorized Employees By Fund, Department, and Position Classification”; and WHEREAS, the Public Works Director and the City Manager are recommending that the City Council approve a change in the authorized positions for the Fleet Management Division of the Public Works Department as set forth in the City Manager’s memorandum to the Mayor and City Council dated November 14, 2022 which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located on pages 70 through 73 of the FY2023 City Budget is hereby amended to reflect the changes included in the attached memorandum. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 14th day of November, 2022 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: November 14, 2022 RE: Authorized Position List SUMMARY: The City’s Fleet Manager is retiring in December 2022. The Director of Public Works has requested to set up a new structure to manage our Fleet Operations which require a couple changes to our Authorized Position List. This new structure will result in cost savings to the City. The Fleet Manager position will be left open and unfunded, and we will create a position of a General Supervisor at Level 114. This replaces the former position of Fleet Maintenance Supervisor at Level 113 which has been eliminated. We will also create a position of Fleet Service Coordinator at Level 109. The list also included an additional part-time employee for Public Works. COMMITTEE FINDINGS: No Committee or Board action. p. 895 REGULAR SESSION NOVEMBER 14, 2022 PAGE -895- MINUTE BOOK 30 FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends the approval of the modified Authorized Position List. • Motion - Authorization for staff to proceed with Disc Golf Course Design at Fletcher Park. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: November 14, 2022 RE: Disc Golf Design SUMMARY: The City has been approached to look at Disc Golf opportunities in Cleveland. Disc Golf is a rapidly growing passive recreation option throughout the nation. Last week, the Parks & Recreation Department and the City Council had a demonstration last week to see how the game and rules work, and to ask questions about a future course. Fletcher Park seems to meet all of the criteria for a passive course. City staff would along with some experts in the field would like to lay out a design in Fletcher Park was the City Council to review before making any decisions. If approved we’ve been told that costs would be very minimal to the City. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends the approval of having staff work with Disc Golf experts and develop a design in Fletcher Park for the City Council to review. • Motion – Approval of Civitan Inclusive Park Design and Funding. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: November 14, 2022 RE: Civitan Inclusive Park Improvements SUMMARY: The Civitan Club has long been a strong funding source for the Civitan Inclusive Park. They have donated hundreds of thousands of dollars for this park. The park is our only ‘Inclusive Park’, and many aspects of the playground are not sufficient for those with disabilities. Staff believes that the Park should serve all families equally, especially those families who have multiple children and can only go to Civitan Park. City staff will present a detailed design on these new improvements and a new theme for the park. Staff is requesting to use $500,000 of bond funds to complete this facility, and have it completed before July 1, 2023. COMMITTEE FINDINGS: No Committee or Board action. p. 896 REGULAR SESSION NOVEMBER 14, 2022 PAGE -896- MINUTE BOOK 30 FISCAL ANALYSIS: $500,000 from bond funds. RECOMMENDATION: City staff recommends the approval of the new design and theme for Civitan Park, and also approves $500,000 in funding from bond funds to be used for these improvements. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes stated he has received several comments about the postal service. Since it is a Federal issue, he has emailed Gracie White from Congressman Fleishmann’s office as well as, Laken Shattuck from Senator Hagerty’s office to make them aware. He then thanked Cathy Andrews and Greg Thomas for representing the City at the City Fields event over the weekend. They are very appreciative of both the City and County involvement. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2022-45 – Rezoning .23 acres, more or less, from IH to CBD for property located at 630 Montgomery Avenue NE (also described as Tax Map 049M Group K Parcel 006.00) (Planning Commission: Approved 9-0). ZONING ORDINANCE 2022-45 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, re-zoned from IH Heavy Industrial Zoning District to CBD Central Business District Zoning District. Approximately .23 acres, more or less, located on Montgomery Avenue NE as shown on the attached map. For reference, same property is being shown on a portion of Tax Map 049M Group K Parcel 006.00, 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 p. 897 REGULAR SESSION NOVEMBER 14, 2022 PAGE -897- MINUTE BOOK 30 Exhibit A Councilman Estes moved that Zoning Ordinance 2022-45 be approved on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2022-46 – Rezoning 16.5 acres, more or less, from CH to PUD 43 for property located at 3900 Adkisson Drive (also described as Tax Map 033L Group C Parcel 010.00) (Planning Commission: Approved 8:0; 1 Recused). ZONING ORDINANCE 2022-46 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 ADKISSON DRIVE MULTI-FAMILY "PUD 43" ON PROPERTY DESCRIBED AS TAX MAP 033L GROUP C PARCEL 010.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 43; 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 p. 898 REGULAR SESSION NOVEMBER 14, 2022 PAGE -898- MINUTE BOOK 30 to accomplish such development; and whereas it is intended that the developers of the property or any subsequent owners, shall hereinafter be referred to as"Developers" and; and whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED: Section 1. ZONING PLAN AND MAP AMENDMENT. The zoning plan and map are hereby amended so as to zone the property described in Section 3 herein as "PUD 43" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 43 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 43 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 theterms 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 43, Adkisson Drive Development (name may be revised during the platting process with approval of the Cleveland Municipal Planning) includes property generally identified as Tax Map 033L Parcel 010.00. Exhibit A illustrates the overall Adkisson Drive Multi- family 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 Adkisson Drive Development. The project consists of a multi-family apartment complex which includes a clubhouse, pool, and other amenities. The developer shall include any permanent retention or detention pond areas or landscapedcommon areas. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 43 Subdivision allows for the construction of up to 320 residential units in single-unit or multi-unit structures not exceeding four stories. Streets, sidewalks, drainage structures, fire hydrants, utilities, and the like are allowed. Residential amenities such as a community clubhouse, park shelters, benches, or tables, are allowed in the common area and will be reviewed by the Planning Director for consistency with the approved plan. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 43 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 residential uses within the PUD 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. Home occupations permitted in Cleveland's zoning ordinance are allowed unless prohibited by Developer covenants and restrictions. The developer reserves the right to propose commercial uses on the property currently zoned Commercial General (CG) within the City of Cleveland as depicted on Exabit B with the exception of the following uses: Gasoline sales and service, vehicle sales, rental, service, and repair of new or uses automobiles, boats, buses, farm equipment, motorcycles, trucks, recreational vehicles, and mobile homes, flea markets, mini-warehouse facilities or any conditional uses listed. Billboards are prohibited with the exception of the existing billboard located on the property. p. 899 REGULAR SESSION NOVEMBER 14, 2022 PAGE -899- MINUTE BOOK 30 Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibit A) for PUD 43, The Adkisson Drive Multi-family Development PUD was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on October 18, 2022. The conceptual plan consists of a site plan for the overall development. However additional drawings, documents, and permits routinely required for a subdivision are expected for review and approval prior to construction. All development within PUD 43 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. However, any modification may not increase the total number of dwelling units beyond 320 without a revision to the PUD ordinance approved by the City Council. 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 PUD development may reflect some alteration in the conceptual plan such as the exact location of each specific residential unit and type within the designated residential 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, buffers with external properties, etc.). All streets or access drives within the PUD 43 development shall be constructed with adequate width to accommodate the installation of sidewalks which shall be installed at the expense of the developer. Further specification of intersection design requirements and other infrastructure standards will be specified prior to platting. 6.B. PLATS. One or more plats will be prepared for the PUD43 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; identifylots; 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, homeowner association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 43 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 43 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 PUD43 shall be those established in this ordinance. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R3 Multi-family residential zone or if developed commercially will be those in the GC General Commercial zone, from the City of Cleveland's zoning regulations. For residential areas, the overall residential development is not to exceed a gross density of 320 maximum units. The front façade of all structures shall contain, on average, a minimum of at least 25% of either brick or stone materials. Vinyl Siding, other than accents such as soffits and fascia, are prohibited. All foundations must be made of brick on stone. No blank p. 900 REGULAR SESSION NOVEMBER 14, 2022 PAGE -900- MINUTE BOOK 30 walls along street elevations are allowed. A minimum 30 two-inch caliper hardwood shade tree which is determined acceptable to the City's Urban Forester shall be installed throughout the development. Green infrastructure techniques, such as rain gardens and permeable soils or pavements should be introduced throughout the development in effort to minimize stormwater runoff, flooding, and poor water quality. All structures shall be serviced by sidewalks within the development which will connect to Adkisson Drive. The entire frontage of the development shall have sidewalks installed by the developer. Sidewalks should be illustrated on all plats and site plans for review by city staff. A monument style ground sign shall be installed at the primary entrance(s) to the site. A landscaped berm no smaller than 2.5’ in height shall be installed along the primary entrance(s) to provide privacy and maintain a quality appearance. The berm shall be landscaped with a mix of Trees and shrubs. Open space shall be maintained at proportion no less than 25% of the total buildable area. Site amenities shall be provided by the developer once 50% the structures in the development are established or under construction and shall include a pool and clubhouse. All common areas, facilities and landscaping shall be kept in good repair by the developer, future owners, or an established homeowner’s association. Requirements of the City's adopted building codes, fire codes, stormwater regulations and other ordinances affecting the development, use, and maintenance of property shall apply. All stormwater detention/retention areas will be screened from the public ROW. Retaining walls as needed for the grading of building pads should maintain a 5-foot setback. Walls greater than four feet in height must be reviewed and approved by the City of Cleveland Director of Development and Engineering Services prior to the issuance of a building permit. 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. Driveway entrances to the site shall be developed with adequate turning radii for entering and exiting vehicles, including delivery vehicles. 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 site planning for individual developments. With the PUD 43 site being 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. Parking standards shall be comparable to other developments of like nature and in no case have less than 1.5 spaces for every dwelling unit of multi-family developments. All other parking standards shall be the same as required by the City of Cleveland. The developer shall dedicate right-of-way and construct a left turn lane and a right turn deceleration lane on Adkisson Drive. The developer shall dedicate any right-of-way necessary and shall be responsible for construction of said improvements. 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 PUD43 Adkisson Drive 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 p. 901 REGULAR SESSION NOVEMBER 14, 2022 PAGE -901- MINUTE BOOK 30 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 THEPUD. 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 PUD43, 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 conceptualplan 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 PUD43 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 establishedfor the ongoing operation and maintenance of the development of the subject property including, but not limited to, common areas, joint use or joint access areas, and undeveloped portions of the property that are intended for development. Section 11. CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Where this ordinance is in conflict with existing ordinances with respect to the development of this property the terms of this ordinance shall prevail unless stated otherwise herein. In the event that any portion of this ordinance is determined to be invalid by any court of competent jurisdiction, the remaining portions of this ordinance shall remain in full force and effect. This ordinance shall take effect upon after passage and upon the executionof 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 Cassada moved that Zoning Ordinance 2022-46 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. p. 902 REGULAR SESSION NOVEMBER 14, 2022 PAGE -902- MINUTE BOOK 30 The following Resolution was then presented in full: • Resolution 2022-99 – Authorizing the Mayor to sign an engagement letter with Miller and Martin pertaining to eminent domain proceedings for property at 1120 Valley Head Road. RESOLUTION 2022-99 WHEREAS, the City of Cleveland is in the process of making intersection improvements at the intersection of Paul Huff Parkway and Peerless Road (hereafter referred to as "the project"); and WHEREAS the intersection improvements are necessary for benefits to the public; and WHEREAS, the City needs to acquire 108 square feet of land and a temporary construction easement from a parcel owned by Property Holding Group LLC, in order to move forward with the intersection widening project that is reflected of traffic analysis on Park Huff Parkway; and WHEREAS, the property owned by Property Holding Group LLC, is generally identified as 1120 Valley Head Road, Tax ID Number 034I-B-001.00; and WHEREAS, an exhibit showing the fee simple conveyance of 108 square feet as well as the temporary construction easement which are both needed for the project is attached to this resolution; and WHEREAS, at the October 24, 2022, regular City Council meeting, the City Council passed a motion to authorize City staff to offer $7,425.00 to the property owner to purchase the land needed by the City for the project; and WHEREAS, following the October 24, 2022, regular City Council meeting, after a certified appraisal and a review appraisal, the City offered $7,425.00, which was 10% higher than the appraisals to Property Holding Group LLC to purchase the land needed by the City for the project; and WHEREAS, the offer made by the City to the property owner has not been accepted at this time; and WHEREAS, the City Council now desires to authorize eminent domain proceedings by the City in order to acquire the land from the property owner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council hereby authorizes the City's legal representatives, Miller and Martin, to institute eminent domain proceedings against the property owner in order to acquire the necessary land for the project described herein. BE IT FURTHER RESOLVED that the Mayor is authorized to sign an engagement letter with Miller and Martin pertaining to this eminent domain proceedings. This 14th day of November 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 903 REGULAR SESSION NOVEMBER 14, 2022 PAGE -903- MINUTE BOOK 30 Councilman Cassada asked if the property owner had any comments. Chris Townsend with Property Holding Group stated he was available for any questions from the Council. Councilman Cassada asked if he wanted to proceed forward. Mr. Townsend responded that was not his decision. He has made himself available for the last year and a half to resolve the need for the city to acquire some property. In fact, on October 25 he sent an email to City Manager Fivas and the City Council indicating that he would like to meet to resolve the issue. He was told, in no uncertain terms by the City Manager, you can talk to our attorney. That’s where we stand now, and he is still here willing, able, and happy to discuss the city’s acquisition of his property. Councilman May moved that Resolution 2022-99 be accepted as presented. The motion was seconded by Councilman Webb. Councilman Estes asked Mr. Fivas to verbally say what has transpired since the last meeting. Mr. Fivas stated the Council had an offer; sent a couple of emails to Mr. Townsend suggesting we’d like to get some level of a written response to that; he did send something about asking for a rezoning be on the next agenda for November 28; he didn’t receive any offers or counter-offer that he is aware of; Miller & Martin, that you are going to approve, they have heard a request from Property Holding Groups attorney and we hope they can find, which they do 98% of the time, some type of agreement; he thinks that conversation will happen sometime this week; that is as much details as he knows. We did put in the packet what the request is, it is at the corner of Paul Huff and Peerless. It is 108 square feet total, probably about the size of this table. There are some temporary construction easements also, as a part of the value. We did an appraisal and a review appraisal and, like everyone else, we’d like to get it resolved amicably. Councilman Estes asked why we are using Miller & Martin. Mr. Kimball stated this requires an attorney with a licensed title company. Mr. Travis Henry was unavailable, and Miller & Martin has done work for Cleveland Utilities of a similar nature therefore when asked that’s who he recommended to Mr. Fivas. Councilman Estes asked if Miller & Martin had already been in contact with Property Holding Group. Mr. Kimball stated yes, they have sent a letter, which was what the Council offered. Upon roll call, the motion unanimously passed. Councilman May moved to increase the employee Christmas Bonus to a net amount of $150.00 for this year and going forward. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be Monday, November 28, 2022. b. City offices will be closed as follows: Thursday, November 24 and Friday, November 25 due to the Thanksgiving Holiday. There being no future business the meeting was adjourned at 3:31 p.m. _________________________________ __________________________________ Mayor City Clerk