Cleveland City Council

p. 904 REGULAR SESSION NOVEMBER 28, 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 28, 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, 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; Sue Zius, Administrative Coordinator; Beverley Lindsey, Assistant to the City Manager; City Attorney John Kimball; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Jonathan Jobe, Development and Engineering Director; Hal Taylor with City Schools; Cathy Andrews, CDBG Coordinator; Ben Berry with Berry Engineering; Abby Welch; Charlie Booth; Adam Lewis; Barry Sullivan; Arnold Becker; Kim Brooks with Lee University; Garry Rodgers 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: 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 November 14, 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 Adam Lewis addressed the City Council and thanked them for the combined efforts with Bradley County to combat homelessness in our community and the use of ARPA funds with Bradley Cleveland Community Services Agency. Mayor Brooks stated he appreciates Mr. Lewis for coming by to express their thanks. 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 15.54 acres, more or less, from CH/R2 to PUD 44 for property located at Westside Drive (also described as Tax Map 041F Group D Parcel 006.00). Robert Varnell stated this property currently has a double zoning and the PUD will put it all together for an apartment style complex development. The max unit number within the PUD is 336 but we anticipate it to be less, once engineering and site assessment is completed. The PUD includes language to improve infrastructure on Westside Drive, which includes sidewalks, a left turn lane and a right deceleration lane. Also, language for Raben Drive with improvements up to the entrance and allowing the city to have property to finish it out to the back of the property. The PUD has amenities, pool, clubhouse, brick and stone exterior on the first floor, no vinyl siding. It is a high-quality development. After conversations with neighbors, staff proposes an amendment to the PUD to include language for a 50’ buffer to be maintained along the southern property line which backs up to 320-346 Vista Drive. This buffer would be required if any structure in that back corner exceed two floors in height. Otherwise, it requires a 25’ buffer off the property line, which includes a double row of shrubbery, deciduous trees and a solid fence, regardless of the buffer, along the entire property line. That would address the security and privacy questions of the neighbors. If this property stayed R2, there would be no buffer requirement or infrastructure improvements on Westside or Raben Drive. The Planning Commission approved this item 6:0 with 2 members being absent and 1 recused. Mayor Brooks asked if anyone would like to speak in favor of the rezoning. Mr. Ben Berry with Berry Engineers stated this is a high-quality apartment complex development that they are excited about. It complements what Tom Cate has done next door, in the mixed-use residential area, completing this corner. These are elevator served apartment buildings, with a pool, clubhouse, fitness center and a dog park. All the things a community needs to complete itself. In the PUD there are aesthetic requirements, like brick to the bottom of the buildings and p. 905 REGULAR SESSION NOVEMBER 28, 2022 PAGE -905- MINUTE BOOK 30 no vinyl siding. He has meet with a neighbor to listen to their concerns. We will install a solid fence along the southeast corner. They have been working with Mr. Varnell to help satisfy the neighbors’ concerns. He doesn’t feel leaving it zoned R2/CH is the best approach. The PUD is cohesive, and we can address any concerns. The developers are supportive of the additional staff requirements and are open to additional comments to mitigate any impact to the neighbors. In the PUD the structures are allowed to be four stories. The current plan shows all four stories but the emphasis on construction will be, to clarify front and back, there is a gas pipeline through the property, which is roughly where the R2 zoning is, so the front, closest to Peerless is CH, in that area those will be four story buildings. The building east of the pipeline will be three or four story. The Planning Commission didn’t approve a specific buffer language, just the required 20’ buffer. Now we are proposing a 50’ buffer if it is a four-story building. If it is two story, it would be a 25’ buffer. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning. Arnold Becker, who lives at 3030 Vista Drive stated his property is adjacent to the development. He is concerned about the security lighting from the buildings shining into his back yard, along with the traffic on Westside Drive. The two-story building has no impact to speak of, but the fence would help. A four-story building would impact the four adjoining houses, especially the area east of the pipeline. He thanked the Council for their consideration and asked that his letter be included in the minutes. Councilwoman McKenzie asked if he wanted it to stay R2. Mr. Becker stated yes, this PUD allows four-story buildings, which lighting will shine directly into his back yard all year long. Councilwoman McKenzie asked for clarification on the R2 buffer. Mr. Varnell stated if the zoning stayed the same, there are no setback requirements, only the distance in the building code between structures. Basically, 10’ off the property line with no buffer or fence. By utilizing the PUD, it gave us the best fit to protecting the neighborhood rather than the existing zoning, which allows for duplexes, quads, townhomes, a number of variations. In the existing zoning he believes the maximum structure height is 40’. Councilman Estes inquired about the lighting. Mr. Varnell stated they have a specific style of light heads that are designed to shine down on the parking lot. It is shielded to push the light down not outward to avoid light pollution. Mr. Varnell continued that he has had conversations with Mr. Becker and understands his concerns. He truly believes what we have in place is better than any alternative that may be proposed in the future. Councilman Hughes asked Mr. Becker how he feels about the lighting. Mr. Becker stated he doesn’t feel too comfortable having a 50’ building adjacent to his lot. The light fixtures will make a difference, but lighting will still encroach. We still have security concerns for walkers cutting through the properties. Councilman May stated a fence could limit foot traffic. Mr. Becker stated yes, a good sturdy solid fence would help. Arnold Becker 3030 Vista Drive Cleveland, TN 37312 November 27, 2022 Dear City Council Members: I am writing this to share my concerns regarding the rezoning on CASE: ZON 2022 – PUD44 WESTSIDE DRIVE PUD. I would like to present my objection to the change from R2 to PUD as this would allow up to a 4- story building to be built adjacent to our residence at 3030 Vista Drive NW and to my nearby neighbors at 3020,3040,3044,3050 Vista Drive NW. The reasons for our concerns are as follows: 1) PRIVACY – A three- or four-story building to be built adjacent to my residence at 3030 Vista Drive NW would mean bright security lights shining in my backyard every night as well as the lights from cars entering and leaving the apartment complex. 2) NOISE LEVEL – The 50-60 planned unit will mean possibly 200 residents starting their trucks and vehicles each morning. Noise will also come during the night from parties and other activities. p. 906 REGULAR SESSION NOVEMBER 28, 2022 PAGE -906- MINUTE BOOK 30 3) TRESPASSING – Since our properties will be wide open to the development, the apartment tenants will be cutting through our backyards to walk the short distance to McDonalds, Burger King and other restaurants instead of making the long drive they would have to make on Westside Drive. 4) SECURITY - Without any barrier to our yards, we are very concerned about criminal activity that will increase around our houses with 200 apartment tenants living adjacent to our residences. I implore you to consider this request to keep the planned area zoned as R2. My wife and I are retired and have invested significant money from savings in our home since we moved to this quiet neighborhood in 2012. We also ask that you install a privacy fence along our property to ensure our safety with any other type of development that is planned in this area. Sincerely, Arnie Becker Vice Mayor Johnson asked how wide Raben Drive would be. Mr. Fivas stated he believes the standard of 22’ enough for two vehicles and emergency responders. Mr. Jobe explained further about the history of Raben Drive and bringing it to city standards [inaudible comments]. Councilman Hughes stated there will be additional traffic and it was discussed earlier about adding another lane at the light at 25th/Westside Drive to help traffic flow with turning right. Mayor Brooks asked if anyone else would like to speak in opposition. Barry Sullivan stated he has the same concerns as Mr. Becker with foot traffic. They have numerous unknown walkers during the night. He is all about growth and understands this is an upscale development if it is done correctly. He doesn’t see a problem as long as we can control traffic. A sturdy fence and adjusting the security light pollution will help. If everything is addressed, he has no problem with the development. Rick Hockenberry stated he lives in the corner, adjacent to the pipeline. He has nightly walkers through his yard. He was told by the engineering firm that they didn’t want to put anything on the other side of the pipeline but were concerned about the overflow pond. The developers want to put five, three-story buildings on the front part of the property. If they kept it on the other side of the pipeline it wouldn’t be so bad, especially with a fence. He thinks he will have to install a gate to access the pipeline. If they wouldn’t build the building on the other side of the pipeline, he doesn’t feel anyone would an issue. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes 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 2022-45 – heretofore passed on first reading November 14, 2022 and found in Minute Book 30, page 896; 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). • Final Passage - Zoning Ordinance 2022-46 – heretofore passed on first reading November 14, 2022 and found in Minute Book 30, page 897; 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). • Resolution 2022-101 – Authorizing the Mayor to sign a lease agreement with Janet Davis pertaining to land owned by the City at 4036 Tomahawk Circle NW. p. 907 REGULAR SESSION NOVEMBER 28, 2022 PAGE -907- MINUTE BOOK 30 RESOLUTION 2022-101 WHEREAS, the City of Cleveland previously completed a new intersection connecting the Indian Hills subdivision to Peerless Road across a parcel of real property purchased and owned by the City of Cleveland, which parcel is located at 4036 Tomahawk Circle NW, Tax Identification Number 033L-B-11.00; and WHEREAS, in connection with these public improvements, representatives of the City have been approached by an adjoining property owner, Janet Elaine Skinner Davis, about the City leasing the unimproved portion of the City’s parcel to her; and WHEREAS, the City Manager and the Director of the City’s Development and Engineering Department have met with Janet Elaine Skinner Davis and developed a proposed lease agreement between Janet Elaine Skinner Davis and the City, the terms of which are more fully described in the lease agreement between the parties attached hereto; and WHEREAS, the City Manager has advised Janet Elaine Skinner Davis that the lease agreement would be presented to the City Council for approval once she has executed the same; and WHEREAS, Janet Elaine Skinner Davis has now executed the attached lease agreement, and the City Manager is now recommending that the City Council approve of the lease agreement; and WHEREAS, the City Council now desires to approve of the attached lease agreement with Janet Elaine Skinner Davis, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached lease agreement with Janet Elaine Skinner Davis, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 28th day of November 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-103 – Authorizing the Mayor to sign an agreement with Bradley Cleveland Community Services Agency for ARPA grant funds for the expansion of the Homeless Shelter. RESOLUTION 2022-103 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, Bradley Cleveland Community Services Agency seeks to expand the homeless shelter; and WHEREAS, the City Council finds that an investment of local fiscal recovery fund dollars to Bradley Cleveland Community Services Agency to help with homelessness is needed; and p. 908 REGULAR SESSION NOVEMBER 28, 2022 PAGE -908- MINUTE BOOK 30 WHEREAS, on November 28, 2022, City of Cleveland appropriated one- hundred thousand dollars ($100,000.00) for the expansion of the shelter as allowed 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 Community Services Agency 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. 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 Bradley Cleveland Community Services Agency 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 Bradley Cleveland Community Services Agency on behalf of the City for this project. This 28th day of November 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-104 – Authorizing the Mayor to sign Change Order #1 with Summers-Taylor, Inc relating to LIC North project. [It was determined the vote would authorize the Mayor to sign the change order after it is presented to the MPO Committee in December to discuss funding options.] RESOLUTION 2022-104 WHEREAS, the City has received the attached Supplemental Agreement and/or Request for Construction Change Order Request #1 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Local Interstate Connector (LIC) on Pleasant Grove Church Road from APD 40 to South Lee Highway Contract Number: 100252 Project Identification Number (PIN): 114573.00 State Project Number: 06LPLM-S3-022 WHEREAS, the City Council desires to enter into the attached Supplemental Agreement and/or Request for Construction Change Order Request #1 with TDOT, and to further authorize the Mayor to execute this agreement 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 Supplemental Agreement and/or Request for Construction Change Order Request #1 from the Tennessee Department of Transportation for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 28th day of November 2022 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 909 REGULAR SESSION NOVEMBER 28, 2022 PAGE -909- MINUTE BOOK 30 UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilwoman McKenzie stated the Christmas lights downtown are beautiful, as well as the lighting at Lee University. It flows together nicely. She encouraged everyone to come downtown to enjoy them. Councilman May asked for an update on 20th/Michigan Avenue project and if it was on target. Mr. Jobe stated yes, it is being designed and we are acquiring right-of-way on Minnis Road. Councilman May then asked about the Army Corps detention pond project. Mr. Jobe stated the Army Corps is expecting to begin in March. Lastly, Councilman May stated he visited a local restaurant and had to park about two blocks away. At one time it was discussed with the Elks Lodge about an agreement with the property at 1st/Edwards for parking. Mr. Fivas stated yes, it was tied to the CMAQ grant project. Councilman May asked if we could go back and try to enter into an agreement to create additional parking. Mr. Fivas stated he would reach out to them. Councilman Hughes stated the Empty Stocking Fund raised $16,000 in the first morning. On December 5th they will be at the old Hardees on Keith Street selling Christmas trees. The funds will go towards education and the Stocking Fund. He encouraged everyone to stop by and purchase a tree. He then thanked Chief Gaylor for sustaining the trees with water to keep them alive. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: ZONING ORDINANCE 2022-47 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 WESTSIDE DRIVE MULTI-FAMILY "PUD 44" ON PROPERTY DESCRIBED AS TAX MAP 041F GROUP D PARCEL 006.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 44; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING LISTS OF PERMITTED USES AND PROHIBITED USES; ESTABLISHING DEVELOPMENT STANDARDS AND PROCESSES AND RELATED REQUIREMENTS; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; PROVIDING FOR ERRORS AND OMISSIONS AND POSSIBLE FUTURE REVISIONS TO THE PUD; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE WHEREAS the City of Cleveland, Tennessee, hereinafter "City", desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter "PUD", process as an alternative development standard whereby to accomplish such development; and whereas it is intended that the developers of the property or any subsequent owners, shall hereinafter be referred to as “Developers" and; and whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED: p. 910 REGULAR SESSION NOVEMBER 28, 2022 PAGE -910- MINUTE BOOK 30 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 44" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 44 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 44 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 44, Westside Drive Development (name may be revised during the platting process with approval of the Cleveland Municipal Planning) includes property generally identified as Tax Map 041F Group D Parcel 006.00. Exhibit A illustrates the overall Westside 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 Westside 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 landscaped common areas. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 44 Subdivision allows for the construction of up to 336 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 44 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. Billboards are prohibited with the exception of the existing billboard located on the property. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibit A) for PUD 44, The Westside Drive Multi-family Development PUD was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on November 15, 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 44 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 336 without a revision to the PUD ordinance approved by the p. 911 REGULAR SESSION NOVEMBER 28, 2022 PAGE -911- MINUTE BOOK 30 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 44 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 PUD44 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, homeowner association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 44 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 44 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 PUD44 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 from the City of Cleveland's zoning regulations. A 50’ undisturbed buffer shall be maintained along the southern property line which backs up to 3020 through 3046 Vista Drive if building “6” exceeds 2 floors in height. For residential areas, the overall residential development is not to exceed a gross density of 336 maximum units. The first level of all structures shall contain, on average, a minimum of at least 50% 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 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 Westside Drive by way of Raben 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. p. 912 REGULAR SESSION NOVEMBER 28, 2022 PAGE -912- MINUTE BOOK 30 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. 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 Westside Drive. Raben Drive shall be improved to city standards up to the 2nd entrance of the complex. The developer shall dedicate any right-of-way necessary and shall be responsible for construction of said improvements. The developer will dedicate further right-of-way for the remainder of Raben Drive for future improvements by the City. 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 PUD44 Westside 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 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. p. 913 REGULAR SESSION NOVEMBER 28, 2022 PAGE -913- MINUTE BOOK 30 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 PUD44, 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 PUD44 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 Westside Drive 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 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 2022-47 be approved on first reading. The motion was seconded by Councilman May. Mr. Fivas stated you are voting on one that has not been changed, but we will bring back a final version with the amendments for the final vote. Councilman Estes asked if we were very clear on a super nice fence and directed lighting. Mr. Berry stated yes. Upon roll call, unanimously passed. p. 914 REGULAR SESSION NOVEMBER 28, 2022 PAGE -914- MINUTE BOOK 30 The following Resolution was presented in full: RESOLUTION 2022-105 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE EQUIPMENT, PRODUCTS, OR SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING CONTRACT #031121-ODB, AS AMENDED, WHICH IS ADMINISTERED BY SOURCEWELL A STATE OF MINNESOTA LOCAL GOVERNMENT AGENCY AND SERVICE COOPERATIVE. __________________________________________________________________ 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 equipment, products or services between Old Dominion Brush Company (“Company”) and Participating Entities in cooperation with Sourcewell a State of Minnesota local government agency and service cooperative on behalf of Participating Entities, which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of equipment, products or 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 Contract 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 with Sourcewell 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 #031121-ODB, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12-3-1205 (a)(1). 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 equipment, products or services as a participating public agency under MICPA Contract #031121-ODB, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12- 3-1205 (a)(1) through Sourcewell to be used by the Public Works Department for the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution 2022-105 be accepted as presented and to purchase a new leaf truck for Public Works at a cost of $117,124.80. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 915 REGULAR SESSION NOVEMBER 28, 2022 PAGE -915- MINUTE BOOK 30 Councilman May moved to approve the street light recommendation for David Conley, Sr at 6 18th Street SE, Cleveland Utilities does not recommend additional lighting, as it meets guidelines. However, the two existing fixtures be upgraded to a 41-watt LED cobra fixture and a 133-watt LED at a cost of $293.52. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman May stated Mr. Conley has done a great job with the South Ocoee area and anyway we can help him, we should. Councilman Hughes moved to change the December 12 Work Session from 1:00 p.m. to 10:00 a.m. and be held in the Jetport Conference Room for the Strategic Planning Session. The 3:00 Regular Session would still be held in the Council Chambers. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, December 12, 2022. There being no future business the meeting was adjourned at 3:52 p.m. _________________________________ __________________________________ Mayor City Clerk