Cleveland City Council

p. 799 REGULAR SESSION JULY 22, 2024 3:00 P.M. MINUTE BOOK 31 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JULY 22, 2024 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, 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; City Attorney John Kimball; Beverley Lindsey, Assistant to the City Manager; Police Chief Mark Gibson; Fire Chief Chris Bates; Kris Miller, IT Director; Sue Zius, Administrative Coordinator; Seth Sumner, Transportation Planner; Tommy Myers, Public Works Director; Robert Varnell, Planning and Community Development Director; Cathy Andrews, CDBG Coordinator; Bill and Karen Winters; Tim Rader; David Goodwill with City Fields; Nate Tucker with Cleveland City Schools; Warbrit Lowery; Sharon Marr with Mainstreet; Senator Adam Lowe; Jack Sheehan; Mike Griffin with the Chamber of Commerce; Cami Knott and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Avery 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 June 24, 2024 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 Senator Adam Lowe addressed the Council by stating it is often a privilege of those who serve in the Legislature to celebrate moments of honor. Some honors come by what they’ve done for their community, but there’s a very specific honor that we have to both recognize the contribution that someone makes to a community and has made to us individually. He looks at it as a marriage that triangulates where you can see someone's integrity both as they interact with others and their personal interaction with you. This is one of the first presentations he’s been able to do, so it's a very special moment. He then asked Councilman Dale Hughes to join him. Senator Lowe then introduced Councilman Hughes’ family, wife Brenda and son Ritchie, along with the rest of the family to celebrate this moment. He and Governor Bill Lee are honored to make you a Tennessee Colonel. Your recognition both in education and your many years of service at Bradley Central High School and as a Bradley Bear as a principal and your representation of what good business is in a community having created jobs and invested in the Cleveland economy. You’re now ending term in public service here in Cleveland, TN and I can only say that I'm honored to have been in office at the moment where I could have been one that made this request, but we have a little something for you. On behalf of myself, the Tennessee Delegation and Governor Bill Lee, Congratulations Colonel Hughes. Councilman Hughes thanked Senator Lowe and for his representation you give to the whole region. This is a terrific honor. He has enjoyed his service to the community, to the high school and to the college. It is a great honor to receive this today from our Senator. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a change in the ownership interest of members for Riverstone Wine, Spirits and Brew located at 157 Ocoee Crossing NW. Mayor Brooks asked if anyone would like to speak in favor of the request. Jack Sheehan stated he is seeking approval to the change in the members of the LLC. Himself and his uncle, James Sheehan are seeking to purchase membership p. 800 REGULAR SESSION JULY 22, 2024 PAGE -800- MINUTE BOOK 31 in the LLC, which his father currently ownes. Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks then declared the public heraing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concenring a request by John Porte for consideration of an ordinance to zone about .49 acres, more or less, of property located at Old Tasso Rd from R-2 and IL Zoning District to CG General Commercial Zoning District and includes a Tax Map 050 Parcel 001.09. Robert Varnell stated this request is to utilize the property for office space. It was zoned industrial, and we felt it more appropriate use was general commercial. Overall, it meets the lot requirements. Staff recommends, and the Planning Commission approved 7-0. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the 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, TN Zoning ordinance section 2.10.2 to include vehicle sales as a conditional use. Robert Varnell stated yes, vehicle sales are currently not an allowable use in general commercial zoning. We do have exiting businesses in GC that are auto sales. For them to update their license with the State, we need to be able to tell them they can legally do it. So, we want to put forth a process where we could and keep these businesses as opposed to the opposite. Planning Commission approved 7-0. Mayor Brooks Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the 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 Brandon McDonald for consideration of an ordinance to zone about 2.8 acres, more or less, of property located Robin Hood Dr. NW from RA/R3/IGC Zoning District to PUD 14 and includes Tax Map 034H Group M Parcel 008.00. Robert Varnell stated yes, to be clear this property has a flag stem out of Robin Hood Drive and the property owner also owns the house and the adjacent property that is on Robin Hood Drive. The flag lot will be absorbed within the other lot and there will be no access for any traffic from this lot to Robin Hood Drive once it develops. The applicant plans to continue owning the home and is understanding of his neighbors. One question was, will commercial traffic be dumped onto their street. The answer is no. We will have road frontage through the development of the site that will make the area, behind Harbor Freight and McAlister’s, all more connected and enhance that area even better. The Planning Commission approved 7-0. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is also being held as a public hearing to hear public comments concerning a request by Joel Simpkins for consideration of an ordinance to zone about 1.02 acres, more or less, of property located on North Ocoee Street from CH Highway Commercial to MU Mixed Use and includes Tax Map 050A Group O Parcel 002.10. Robert Varnell stated this proposal is for a mixed-use development, which would have retail on the 1st floor and apartment or condo living about it, two to three floors. Staff supports the missed use zone as we do see the area with good density. The Planning Commission recommends as well 7-0. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the 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 Phoenix Cleveland TN Industrial Investors for consideration of an ordinance to zone about 3.37 acres, more or less, of property located at 455 Inman Street E from CBD Central Business District to PUD52 and includes Tax Map 057D Group E Parcel 020.00. Robert Varnell stated, as you are aware it was requested that the Planning Commission take p. 801 REGULAR SESSION JULY 22, 2024 PAGE -801- MINUTE BOOK 31 another look at this to possibly develop a PUD document. The Planning Commission added their thoughts and made it better and there are a few items the applicant will work out together with staff regarding the number and placement of some trees and how it will work with existing infrastructure around it. Councilman Webb asked about the old modular office building at the southeast corner of the property and if it will remain. Mr. Varnell stated no, there is an access point at that corner, which gives us the possibility to make it a safer area. The Planning Commission approved 6-1. Mayor Brooks asked if anyone would like to speak in favor of the request. Mr. Mark Ball, Director of Real Estate for Sunbelt Rentals, stated Sunbelt Rentals is a publicly traded company that trades on the London Stock Exchange called the Ashtead Group Sunbelt. The North American Sunbelt has 1,350 locations with 30 branches in Tennessee. The site is 3.37 acres. The building size is 10,656 square feet. The proposal is to change the current zoning central business district to a planned unit development zoning that would allow tool rental without such storage. The proposed front elevation of the building, which would be the side of the building that faces Bible St., will be a new storefront entry with glass that will be very inviting with parking there. We've added glass as requested on the overhead door to make it more storefront oriented. The proposed customer base would be small contractors and homeowners. The proposed business hours are 7:00 AM to 5:00 PM Monday through Friday and 8:00 AM to noon on Saturdays. The benefits will be employment, local employment tax revenue, both sales tax and property tax, availability of modern tools and equipment to the community, improved image of the of the current property and community engagement. We plan to have 10 full-time employees, which will be an annual salary base of about $827,000. Local state sales tax would be approximately $400,000 per year. County sales tax revenue would be about $150,000 per year and the estimated construction cost is about $1.45 million and rising. We’ve had lots of dialogue with the Planning Commission and made changes to the site plan since the last time you've seen it. We've added landscaping buffers up both sides of Bates and Bible, and along the front of Inman Street. Additionally, we agreed to a six-foot aluminum fence across the front and up 75 feet on both sides of the property. Currently, the building has one office and a restroom. We plan to add about 2,200 square feet of office and showroom on the Bible end of the property and of course we'll be remodeling the rest of the building to create the service facilities that we need. He then showed recent project photos, before and after, interior and exterior renovations, equipment and supplies. We keep yards fairly neat and organized, but we think generally we're not going to create any additional environmental impacts to the property. Lastly, the PUD document references storage was going to be limited to the back third of the property, but we need the whole property so to be clear our expectation is to use the whole property. We are willing to limit the area in front of the building to a 20-foot height restriction. So, we think we'll be a good neighbor and we're requesting your support on this rezoning request. Councilman Estes stated he his hopefully and the aesthetics will be good. Mr. Varnell stated yes, and the work they’ve already invested it will more than exceed any concerns we’d have. Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks announced we needed a councilmember to fill the vacancy of Councilman Hughes on the Shade Tree Board. Councilman Cassada volunteered to serve. Mayor Brooks then stated to the Shade Tree Board for 2-year terms to expire August 2026 will be Councilman Cassada, Matt Coleman, Milan Blake, Ray Garner, Sr., and Tim Henderson. Councilman Hughes moved to approve the appointment and reappointments to the Shade Tree Board. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented during the Work Session. We had two verbal amendments, one to change the appointment to Dr. Julia McClain to the Animal Shelter Board and to move the Inman Street Design and Closure of Worth Street at Inman Street item until the August 12 meeting. Councilman Estes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Hughes and upon roll call, unanimously passed 7-0. p. 802 REGULAR SESSION JULY 22, 2024 PAGE -802- MINUTE BOOK 31 a. Final Passage - Ordinance 2024-33 – heretofore passed on first reading June 24, 2024 and found in Minute Book 31, Page 791; Gas Franchise Agreement. b. Resolution 2024-74 – Accepting the southern section of Cross Creek Court (545 linear feet) and Rose Hill Lane (330 linear feet) in The Cottages at Spring Creek Development as city streets. RESOLUTION 2024-74 WHEREAS, a street located within the City of Cleveland is named Rose Hill Lane (approximately 330 Linear feet along the right of way centerline), which street is located off Cross Creek Court in the Cottages at Spring Creek Development; WHEREAS, the plat for the Cottages at Spring Creek Development is recorded in Plat Book 29 Page 53 in the Bradley County Register of Deeds office; and WHEREAS, another street located within the City of Cleveland is named Cross Creek Court (545 linear feet beginning at the north line of the Spring Creek Roundabout and continuing north for 545 linear feet along the street centerline), which street is also located in the Cottages at Spring Creek Development, and which street is depicted on two different plats, which plats are both recorded in the Bradley County Register of Deeds office, one plat at Plat Book 22 Page 119, and the second plat at Plat Book 29 Page 53; and WHEREAS, the developer has requested that the City accept these two streets as City streets; and WHEREAS, the City's engineering staff has inspected these streets is now recommending that the City accept these streets as City streets; and 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: Rose Hill Lane (approximately 330 Linear feet along the right of way centerline). Cross Creek Court (545 linear feet beginning at the north line of the Spring Creek Roundabout and continuing north for 545 linear feet along the street centerline). This 22nd day of July 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk c. Resolution 2024-75 – Authorizing the Mayor to sign a license agreement renewal with the State of Tennessee to install and maintain landscaping along State Route 60. RESOLUTION 2024-75 WHEREAS, the City has received the attached renewal license agreement from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Description of Project: State Project Number: 06069-2208-04 License Agreement for the installation and maintenance of Landscaping along State Route 60 p. 803 REGULAR SESSION JULY 22, 2024 PAGE -803- MINUTE BOOK 31 WHEREAS, the City Council desires to enter into the attached agreement with TDOT and to further authorize the Mayor to execute the attached 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 TDOT for the project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 22nd day of July 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Resolution 2024-76 – Joining the State of Tennessee in amending the Tennessee State-Subdivision Opioid Abatement Agreement and approving the related settlement agreement with Kroger Co. RESOLUTION 2024-76 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND, TENNESSEE TO JOIN THE STATE OF TENNESSEE AND OTHER LOCAL GOVERNMENTS IN AMENDING THE TENNESSEE STATE-SUBDIVISION OPIOID ABATEMENT AGREEMENT AND APPROVING THE RELATED SETTLEMENT AGREEMENT WHEREAS, the opioid epidemic continues to impact communities in the United States, the State of Tennessee, and in Bradley County, Tennessee and in the City of Cleveland, Tennessee. WHEREAS, Bradley County, Tennessee and the City of Cleveland, Tennessee have suffered harm and will continue to suffer harm as a result of the opioid epidemic; WHEREAS, the State of Tennessee and some Tennessee local governments have filed lawsuits against opioid manufacturers, distributors, and retailers, including many federal lawsuits by Tennessee counties and cities that are pending in the litigation captioned In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the MDL case is referred to as the “Opioid Litigation”); WHEREAS, the City of Cleveland has previously joined settlements with multiple pharmaceutical distributors, manufacturers, and retail pharmacies; WHEREAS, Kroger Co., a retail pharmacy and grocery chain, has proposed a settlement that the City Council of the City of Cleveland, Tennessee finds acceptable and in the best interest of the community; WHEREAS, the Tennessee legislature enacted Public Chapter No. 491 during the 2021 Regular Session of the 112th Tennessee General Assembly and was signed into law by Governor Bill Lee on May 24, 2021, which addresses the allocation of funds from certain opioid litigation settlements; p. 804 REGULAR SESSION JULY 22, 2024 PAGE -804- MINUTE BOOK 31 WHEREAS, the Tennessee legislature enacted Public Chapter No. 568 during the 2024 Regular Session of the 113th Tennessee General Assembly and was signed into law by Governor Bill Lee on March 15, 2024, which would apply the statutory provisions passed in 2021 to the new settlement with Kroger Co, if it becomes effective; WHEREAS, the State of Tennessee, non-litigating counties, and representatives of various local governments involved in the Opioid Litigation have adopted a unified plan for the allocation and use of certain prospective settlement and bankruptcy funds from opioid-related litigation (“Settlement Funds”); WHEREAS, the Tennessee State-Subdivision Opioid Abatement Agreement (the “Tennessee Plan”), attached hereto as “Exhibit A,” sets forth the framework of a unified plan for the proposed allocation and use of the Settlement Funds; WHEREAS, amendments to the Tennessee Plan, attached hereto as “Exhibit B,” would extend its terms to the proposed Kroger Co. settlement and would clarify some language concerning the allocation of certain settlement funds; and WHEREAS, participation in the settlement by a large majority of Tennessee cities and counties will materially increase the amount of settlement funds that Tennessee will receive from the pending proposed opioid settlement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND TENNESSEE, IN REGULAR SESSION ASSEMBLED: Section 1. That the Cleveland City Council finds that the amendments to the Tennessee Plan are in the best interest of the City of Cleveland, Tennessee and its citizens because they would ensure an effective structure for the commitment of Settlement Funds to abate and seek to resolve the opioid epidemic. Section 2. That the Cleveland City Council hereby expresses its support for a unified plan for the allocation and use of Settlement Funds as generally described in the Tennessee Plan. Section 3. That the Mayor of the City of Cleveland is hereby expressly authorized to execute the amendments to the Tennessee Plan in substantially the form attached as Exhibit “B” and the Mayor of the City of Cleveland is hereby authorized to execute any formal agreements necessary to implement a unified plan for the allocation and use of Settlement Funds that is substantially consistent with the Tennessee Plan and this Resolution. Section 4. That the Mayor of the City of Cleveland is hereby expressly authorized to execute any formal agreement and related documents evidencing the City of Cleveland’s agreement to the settlement of claims [and litigation] specifically related to Kroger Co. and any other settlement of opioid-related claims that Tennessee has joined. Section 5. That the Mayor of the City of Cleveland is authorized to take such other action as necessary and appropriate to effectuate the City of Clevland’s participation in the Tennessee Plan and this settlement. Section 6. This Resolution is effective upon adoption, the welfare of the City of Cleveland, Tennessee requiring it. This Resolution was adopted on July 22, 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 805 REGULAR SESSION JULY 22, 2024 PAGE -805- MINUTE BOOK 31 e. Resolution 2024-77 – Authorizing the Mayor to sign agreement #240247 with TDOT related to the 17th Street Signal and Pedestrian upgrade project (PIN 125526.19). RESOLUTION 2024-77 WHEREAS, the City has received the attached contract from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: TSMP-PRSI: Signalization and Pedestrian upgrades on SR-2 Intersection at 17th Street NW, LM 9.93 Contract Number: 240247 Project Identification Number: 125526.19 State Project #: 06S002-F3-006 Federal Project #: HSIP-2(294) WHEREAS, the City Council desires to enter into the attached contract with TDOT for the project described in contract, and to further authorize the Mayor to execute this contract with TDOT 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 with TDOT for the project described in the contract, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 22nd day of July 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk f. Resolution 2024-78 – Authorizing the Mayor to sign a grant contract with the Department of Health for the Healthy Built Environment Grant to fund a Futsal Court in the Blythe Community. RESOLUTION 2024-78 WHEREAS, the City has received the attached grant contract from the State of Tennessee, Tennessee Department of Health (hereafter the “State”) for the State’s Healthy Built Environment Grant which will be used for the purpose of funding a futsal court in the Blythe community; and WHEREAS, the City Council desires to enter into the attached grant contract with the State 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 grant contract with the State for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 22nd day of July 2024 p. 806 REGULAR SESSION JULY 22, 2024 PAGE -806- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk g. Resolution 2024-79 – Authorizing the Mayor to sign agreement #230480 with TDOT for Milling and Resurfacing of Peerless Road NW, from Georgetown Road to Paul Huff Parkway (PIN 134746.00). RESOLUTION 2024-79 WHEREAS, the City has received the attached contract from the Tennessee Department of Transportation, (hereafter “TDOT”) for the project described below; and Project: Resurfacing and Safety on Peerless Road N.W. from Georgetown Road to Paul Huff Parkway. Agreement Number: 230480 Project Identification Number: 134746.00 Federal Project #: STP-M-9203(28) State Project #: 06LPLM-F3-084 WHEREAS, the City Council desires to enter into the attached contract 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 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 22nd day of July 2024 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk h. Resolution 2024-80 – Authorizing the Mayor to sign an agreement with Kimley- Horn and Associates, Inc for professional services relating to update the City’s existing Parks and Recreation Master Plan. RESOLUTION 2024-80 WHEREAS, the City's parks and recreation department has received the attached agreement from Kimley-Horn and Associates, Inc. for professional services relating to updating the City’s existing parks and recreation master plan to meet the State of Tennessee Department of Environment and Conservation’s Local Parks and Recreation Fund (LPRF) grant requirements ; and WHEREAS, City staff are requesting that the City Council approve of the attached agreement between the City and Kimley-Horn and Associates, Inc. for this project; and WHEREAS, the City Council now desires to approve of the attached agreement with Kimley- Horn and Associates, Inc., and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. p. 807 REGULAR SESSION JULY 22, 2024 PAGE -807- MINUTE BOOK 31 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 Kimley-Horn and Associates, Inc. for this project, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 22nd day of July, 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk i. Resolution 2024-81 – Authorizing the Mayor to sign an agreement with S&ME Inc. for jurisdictional water assessment for 2300 Candies Lane NW-Jim Sharp Park. RESOLUTION 2024-81 A RESOLUTION APPROVING OF A PROFESSIONAL SERVICES AGREEMENT WITH S&ME, INC. FOR JURISDICTIONAL WATERS ASSESSMENT FOR 2300 CANDIES LANE NW-JIM SHARP PARK WHEREAS, the City’s Stormwater Program manager are recommending to the City Council that the City enter into a professional services agreement with S&ME, Inc. to provide professional engineering services in connection with the development of Jim Sharp Park on Candies Lane as further described in the attached agreement with S&ME, Inc.; and WHEREAS, the City Council desires to approve the attached agreement with S&ME, Inc. and to authorize the Mayor to execute the attached professional services agreement on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Council does hereby approve of the attached agreement with S&ME, Inc. to provide professional services as described in the attached agreement, and the City Council further authorizes the Mayor to execute the agreement on behalf of the City. [on file in the City Clerk’s Office.] This 22nd day of July 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk j. Resolution 2024-82 – Authorizing the Mayor to sign a contract amendment with TDOT to extend the contract date relating to Gaut Street sidewalk project (PIN 123116.01). RESOLUTION 2024-82 WHEREAS, the City of Cleveland and the Tennessee Department of Transportation (TDOT) are parties to an existing agreement relating to the project generally identified as various streets in Cleveland (Gaut Street (TDOT PIN 123116.01); and p. 808 REGULAR SESSION JULY 22, 2024 PAGE -808- MINUTE BOOK 31 WHEREAS, the construction of the project is ongoing, and the City’s Department of Development and Engineering has requested an amendment to the existing contract with TDOT for this project to extend the completion date for this project; and WHEREAS, the City’s development and engineering staff anticipates that it will receive the amendment to the contract from TDOT after the July 22, 2024, City Council meeting; and WHEREAS, the City Council desires to go ahead and approve of an amendment to the existing agreement with TDOT for the purpose of extending the completion date for the project, and to further authorize the Mayor to execute an amendment to this agreement for that purpose on behalf of the City of Cleveland once the amendment has been provided to the City by TDOT. 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 an amendment to the existing agreement with TDOT for this project for the purpose of extending the project completion date, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland once the amendment has been provided to the City by TDOT. [on file in the City Clerk’s Office.] This 22nd day of July, 2024 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk k. Bid Report – Gaut Street Sidewalk Improvement Project (Pending TDOT Approval, PIN 123116.01) TO: Mayor and City Council FROM: Robert Varnell, Director of Planning and Community Development DATE: July 17, 2024 RE: Acceptance of single bid for Construction SUMMARY: The City of Cleveland entered into a contract with the Tennessee Department of Transportation (TDOT) to carry out construction connected to the proposed sidewalk improvements in the area of Gaut Street, Inman Street, and Dooley Street (PIN 123116.01). On Wednesday July 17, 2024, the city received one sealed bid for construction. FISCAL ANALYSIS: The winning bid from Adams Construction LLC came in at $1,299,807.00. Our current Grant award amount totals $875,737.00 of federal funds, the remaining $424,070 would be locally funded. The City has requested additional federal funds from TDOT to offset this amount. RECOMMENDATION: City Staff recommends approval of the bid pending TDOT acceptance. l. Motion – Issuing a new Certificate of Compliance to Riverstone Wine, Spirits and Brew due to a change in the ownership interest of members. m. Motion – Declaring the service weapon of Officer Travis Graig as surplus property and given to him as a token of the City’s appreciation for his 26 years of dedicated service to the Cleveland Police Department. n. Motion – Declaring a 2006 Ford Explorer as surplus property and transferring to the Jetport Authority to be used as a courtesy vehicle for customers of the Jetport. p. 809 REGULAR SESSION JULY 22, 2024 PAGE -809- MINUTE BOOK 31 TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 22nd, 2024 RE: Jetport Courtesy Vehicle SUMMARY: The City has a 2006 Ford Explorer available to the Jetport to use as a courtesy vehicle for customers of the Jetport. The City will surplus this vehicle to the Jetport Authority so that the Authority will be responsible for the insurance and operation of this courtesy vehicle. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends approval of beginning the process to surplus a 2006 Ford Explorer to the Cleveland Jetport. o. Street Light Recommendation – 2067 Ridgeview Dr NW (Councilman Cassada) Cleveland Utilities recommends the installation of one 40-watt LED fixture on an existing pole and upgrade an existing 100-watt fixture to a 40-watt LED Cobra style fixture at a cost of $146.70. Suggested tree trimming will be performed by city staff. p. Reappointment – Greenway Board – Dr. Pat Stone for an additional 2-year term to expire August 2026. q. Reappointment – Greenway Board – Annie Robbins for an additional 2-year term to expire August 2026. r. Reappointment – Animal Shelter Board – Dr. Sally Poston for an additional 3- year term to expire April 2026. s. Reappointment – Animal Shelter Board – Cindy Dees for an additional 3-year term to expire May 2025. t. Reappointment – Animal Shelter Board – Pat Ownby for an additional 3-year term to expire June 2026. u. Reappointment – Animal Shelter Board – Tom Cassada for an additional 3-year term to expire April 2027. v. Appointment – Animal Shelter Board – Dr. Julia McClain for a 3-year term to expire April 2027. w. Reappointment – Beer Board – Mark Smith for an additional 2-year term to expire July 2026. x. Reappointment – Beer Board – Tina Turner for an additional 2-year term to expire July 2026. y. Reappointment – Beer Board – Gerald Lillard for an additional 2-year term to expire July 2026. z. Reappointment – Historic Commission – Rufus Triplett for an additional 4-year term to expire June 2028. aa. Appointment – Vacant Property Review Board – Bill Martin for a 3-year term to expire July 2027. bb. Appointment – Vacant Property Review Board – Julian Martinez for a 1-year term to expire July 2025. cc. Appointment – Vacant Property Review Board – Cindy Slater for a 3-year term to expire July 2027. dd. Appointment – Vacant Property Review Board – Councilman Bill Estes for a 2- year term to expire July 2026. ee. Appointment – Vacant Property Review Board – Councilman Ken Webb for a 2- year term to expire July 2026. p. 810 REGULAR SESSION JULY 22, 2024 PAGE -810- MINUTE BOOK 31 ff. Motion – Approving the purchase of a 26-foot Christmas Tree for Johnston Park. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 22, 2024 RE: Christmas Tree Purchase SUMMARY: The City will have the Johnston Park ready for the holiday season in December. The City would like to have a City tree to decorate this area. The vendor on the state contract is having a sale in July. This tree will 26 Feet tall and has options to be a white light tree, or a multi-color light tree. It comes will a tree topper, and it is programmable to be used with music. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends the purchase of a new City Christmas Tree for Johnston Park. City staff will have the option to fund this purchase from our Hotel/Motel Tax funds or from the Johnston Park Acct. gg. Motion – Approving an agreement with Sports Facilities Companies for a Sports Facilities Feasibility Study. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 22, 2024 RE: Chamber, County, and City Sports Facility Feasibility Study SUMMARY: The City, County, and the Chamber have been meeting to discuss the approval of Sports Facilities Feasibility Study. This study will take an economic impact or sports tourism approach to making these future decisions. We will evaluate Soccer, Baseball, Softball, Indoor Sports, Aquatics sports, etc for future investment in our area. The County, Chamber, and City will all participate in in the funding of this study. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends the approval of the Agreement to engage Sports Facilities Companies for a Sports Facilities Feasibility Study for $67,500. The County, Chamber, and City will all participate in in the funding of this study. p. 811 REGULAR SESSION JULY 22, 2024 PAGE -811- MINUTE BOOK 31 hh. Motion – Approval to begin the RFP process to receive redevelopment options and the possible sale of the DES building located at 185 2nd Street. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 22, 2024 RE: 185 2nd Street NE (DES Building) SUMMARY: The City will begin the process to prepare an RFP to receive redevelopment options for 185 2nd Street NE. These options will be brought to the City Council for your consideration. The City RFP will make it a condition that they bring professional employees into the downtown area and invest in the property. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends the approval beginning the RFP process to receive redevelopment options and the possible sale of DES bldg at 185 2nd Street NE. ii. Motion – Approval to begin the RFP process to receive redevelopment options for the Cherokee Hotel restaurant and catering service space. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 22, 2024 RE: RFP for Restaurant and Catering Services SUMMARY: The City will begin the process to prepare an RFP to receive redevelopment options for the Cherokee Hotel restaurant space on the corner of Inman Street and Ocoee St. We will show the RFP to the City Council before proceeding with advertising this property. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends the approval beginning the RFP process to receive redevelopment options for the restaurant, deli, and ice cream space and to bring draft of RFP back to the City Council for approval. p. 812 REGULAR SESSION JULY 22, 2024 PAGE -812- MINUTE BOOK 31 jj. Motion – Approving a Development and Acquisition Agreement with Bradley County for the purchase of 260 Inman Street and to construct a building per the agreement for the County. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 22, 2024 RE: 260 Inman Purchase Agreement SUMMARY: The City has worked closely with Bradley County to develop an Agreement for the trade of 260 Inman Street for the construction of a metal building fire storage facility. Once the property is transferred to the City, the City will do an RFP to see if there is interest in redeveloping this property. The City will retain part of this property for public parking. The City has internal cost estimates that that show this is likely an even trade, but with the economic uncertainties with materials the cost could be lower or higher than our internal estimates. Staff is not promising to make this an even trade for the future redevelopment costs. However, we are confident there is a clear pathway for this to be a real opportunity. The City Council has three months to change our minds on this purchase if the costs prove to be elevated. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends the approval of this Agreement to purchase 260 Inman Street and construct a building per the agreement for the County. The City Manager has the authority to sign the Agreement when it is necessary and all pre-development issues have been resolved. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman Hughes had no report at this time. Councilman Webb reported the Urban Growth Boundary Committee held it’s first organizational meeting on June 14. Craig Mullinax was elected Chair, Cindy Slater was elected as Vice-Chair and Rober Varnell agreed to serve as secretary. The next meeting is scheduled for August 22. Councilman Estes asked if Chairman Crye will remain a part of the group, since he said it was superfluous and not necessary. Councilman Webb stated as far as he knew but he was a County appointment, so that would be up to them. Vice Mayor Johnson stated he turned in a complaint from Jerry Ward about water runoff in his back yard on Ocoee Street and asked staff to review it. Mr. Myers stated he met with Mr. Ward and you have to access the property through the neighbor. The crew could not get in, but he will follow up and see what can be done. p. 813 REGULAR SESSION JULY 22, 2024 PAGE -813- MINUTE BOOK 31 Councilwoman McKenzie congratulated Councilman Hughes for receiving the well- deserved Colonel designation. Also, Governor Lee signed Resolution 803 asking citizens to seek God’s hand of mercy healing on Tennessee during the month of July. Specifically named were violent crimes, human trafficking, drug addictions, fentanyl, DUI’s, 9,000 children in foster care, corruption in our government and general prayer for our schools, home, and family. She commended Governor Lee for this and encouraged all to read the resolution. Councilman Estes thanked Joe Fivas, Jonathan Jobe and Robert Varnell for the Small Area Planning meeting at College Hill. He has received quite a bit of feedback and is excited. Next, Lee has their summer graduation this weekend. Lastly, he appreciates the people in town who are underwriting the gazebo, he really does appreciate it. Councilman Cassada recognized Chairman Nate Tucker from the City School Board and stated he walked through the new administrative building and was very impressed. He is looking forward to an open house soon. Lastly, the new Food City on Hwy 60 will have their grand opening on July 31 from 5-7 p.m. The new Weigel’s Store should be open soon as well. We have great things happening in Cleveland. Councilman May had no report at this time. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: a. Zoning Ordinance 2024-34 – Concerning a request by John Porte for consideration of an ordinance to zone about .49 acres, more or less, of property located at Old Tasso Rd from R-2 and IL Zoning District to CG General Commercial Zoning District and includes a Tax Map 050 Parcel 001.09 (Planning Commission: Approved 7-0; 2 absent). Zoning Ordinance 2024-34 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, rezoned from IL Light Industrial Zoning District and R-2 Low Density Single and Multi-Family to CG General Commercial Zoning District. Approximately .49 acres, more or less, located on Old Tasso Road as shown on the attached map. For reference, the same property is being shown on a portion of Tax Map 050 Parcel 001.09 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. 814 REGULAR SESSION JULY 22, 2024 PAGE -814- MINUTE BOOK 31 Exhibit A Councilman May moved that Zoning Ordinance 2024-34 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: b. Ordinance 2024-35 – Amending Title 14, Chapter 2, Zoning Regulations by revising Section 2.10.2 and Table 1 to add auto sales as a conditional use to the CG General Commercial Zoning District (Planning Commission: Approved 7-0; 2 absent). ORDINANCE 2024-35 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 2.10.2 AND TABLE 1 SO AS TO ADD AUTO SALES AS A CONDITIONAL USE TO THE CG GENERAL COMMERCIAL ZONING DISTRICT; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, has considered the comments of the Cleveland Municipal Planning Commission considering the conditional uses within the General Commercial Zoning District, and WHEREAS, the Planning Commission has become aware of benefits of expanding the Conditional Uses within the CG General Commercial Zoning District, and WHEREAS the City Council has determined that the existing ordinance should be revised to expand the opportunities within the CG Zoning District; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: p. 815 REGULAR SESSION JULY 22, 2024 PAGE -815- MINUTE BOOK 31 Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by adding Section 2.10.2.F to read as follows: F. Vehicle sales, including new or used automobiles only and excluding rental, service repair, truck stops, body shops road service, car wash facilities. Section 2. Table 1 within the Zoning Ordinance shall reflect the following: Auto Sales be added to the list of conditionally permitted uses within the CG General Commercial Zoning District. Section 3. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 4. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 5. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance 2024-35 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: c. Zoning Ordinance 2024-36 – Concerning a request by Brandon McDonald for consideration of an ordinance to zone about 2.8 acres, more or less, of property located Robin Hood Dr. NW from RA/R3/IGC Zoning District to PUD 14 and includes Tax Map 034H Group M Parcel 008.00 (Planning Commission: Approved 7-0; 2 absent). Zoning Ordinance 2024-36 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, rezoned from RA Residential Agricultural Zoning District and R-3 Multi-Family Residential Zoning District to PUD14 Planned Unit of Development Zoning District. Inclusion into the PUD includes the donation of a minimum 50’ Right-of-Way along the southern property line to connect Ellis Circle to the Peerless Road extension. This donation will occur upon the Cities request with a 6- month notification window. Approximately 2.8 acres, more or less, located on Robin Hood Dr. as shown on the attached map. For reference, the same property is being shown on a portion of Tax Map 034H Group M Parcel 008.00 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that Section 1 of zoning ordinance 2017-23 is also amended as to the property described herein to remove the following uses as allowable uses on this property, and the following uses are specifically prohibited on the property described in this p. 816 REGULAR SESSION JULY 22, 2024 PAGE -816- MINUTE BOOK 31 ordinance: Convenience stores with or without gasoline pumps, car washes, oil-change facilities, and vehicle sales/rental/repair. 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 Councilman Hughes moved that Zoning Ordinance 2024-36 be approved on first reading. The motion was seconded by Councilwoman McKenzie; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: d. Zoning Ordinance 2024-37 – Concerning a request by Joel Simpkins for consideration of an ordinance to zone about 1.02 acres, more or less, of property located on North Ocoee Street from CH Highway Commercial to MU Mixed Use and includes Tax Map 050A Group O Parcel 002.10 (Planning Commission: Approved 7-0; 2 absent). Zoning Ordinance 2024-37 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, rezoned from CH Highway Commercial Zoning District to MU Mixed Use Zoning District. Approximately 1.02 acres, more or less, located on North Ocoee Street as shown on the attached map. p. 817 REGULAR SESSION JULY 22, 2024 PAGE -817- MINUTE BOOK 31 For reference, the same property is being shown on a portion of Tax Map 050A Group O Parcel 002.10 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 Councilman May moved that Zoning Ordinance 2024-37 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: e. Zoning Ordinance 2024-38 – Concerning a request by Phoenix Cleveland TN Industrial Investors for consideration of an ordinance to zone about 3.37 acres, more or less, of property located at 455 Inman Street E from CBD Central Business District to PUD52 and includes Tax Map 057D Group E Parcel 020.00 (Planning Commission: Approved 6-1; 2 absent). p. 818 REGULAR SESSION JULY 22, 2024 PAGE -818- MINUTE BOOK 31 ZONING ORDINANCE 2024-38 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 INMAN CENTRAL ISE MIXED USE "PUD 52" ON PROPERTY DESCRIBED AS TAX MAP 057 D Parcel 020.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 52; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING LISTS OF PERMITTED USES AND PROHIBITED USES; ESTABLISHING DEVELOPMENT STANDARDS AND PROCESSES AND RELATED REQUIREMENTS; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; PROVIDING FOR ERRORS AND OMISSIONS AND POSSIBLE FUTURE REVISIONS TO THE PUD; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE WHEREAS the City of Cleveland, Tennessee, hereinafter "City", desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter "PUD", process as an alternative development standard whereby to accomplish such development; and whereas it is intended that the developers of the property or any subsequent owners, shall hereinafter be referred to as"Developers" and; and whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED: Section 1. ZONING PLAN AND MAP AMENDMENT. The zoning plan and map are hereby amended so as to zone the property described inSection 3 herein as "PUD 52" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 52 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 52 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 a 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 52, Inman Central ISE Mixed Use Development (name may be revised during the platting process with approval of the Cleveland Municipal Planning) includes property generally identified as Tax Map 57D E Parcels 020.00. Exhibit A illustrates the overall Inman Central ISE Mixed Use 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 Inman Central ISE Mixed Use development. The project consists of multiple ISE Mixed Use 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 landscapedcommon areas. p. 819 REGULAR SESSION JULY 22, 2024 PAGE -819- MINUTE BOOK 31 Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 52 allows for the construction of single-tenant structures and multi-unit ISE Mixed Use structures. Specific uses including restaurants (with or without Drive-up facilities), hotels, supermarkets, department stores, entertainment facilities, shopping centers with multiple tenants, professional offices, service business such as dry cleaners, personal service businesses, retail sales and rentals are allowed by right. Any outdoor storage must be screened utilizing practices listed in section7 of this ordinance. Prohibited uses include any industrial use, self-storage, car washes, oil change facilities, and vehicle repair or sales. If any residential units are desired through the re-development of the PUD, they will be required to be placed above retail units on the 2nd or 3rd floors of a structure or to the rear of the property. 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 52 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 ISE Mixed Use uses within the Inman Central ISE Mixed Use 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 52 district shall be dictated by the underlying Inman Street East (ISE) 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 52, The Inman Central ISE Mixed Use Development was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on July 16, 2024. 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 52 must be consistent with this Conceptual Plan with regard todevelopment standards and general layout unless subsequently modified by agreement of the Cleveland Municipal Planning Commission. Additional plans, plats, and other developmentrelated 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 Inman Central ISE Mixed Use development may ultimately reflect some alteration in the conceptual plan such as the exact location of each specific ISE Mixed Use structure typology within the ISE Mixed Use 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 may be prepared for the PUD 52 property by the Developer for approval in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will describe and dedicate public streets to 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. p. 820 REGULAR SESSION JULY 22, 2024 PAGE -820- MINUTE BOOK 31 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 52 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 52 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 PUD52 shall be those established in this ordinance. Where development standards are not otherwise included in this ordinance, the standards shall be those in the ISE 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. Architectural standards for any new buildings constructed on the Site shall be consistent with the ISE standards utilizing brick or stone materials and following the requirements put forth in the ISE SECTION of the zoning ordinance. The proposed continued use of the existing structure shall adhere to ISE standards in regard to storage, parking lot requirements, buffering and landscaping. A landscaped street yard shall be required on all property lines. The street frontages shall include a Landscaped Street Yard to provide an aesthetically pleasing transition from the public right-of-way to private property. The Street Yard shall be a minimum of 15’ in width and include One Class 1 Shade Tree per 35’, 1 Green Giant per 10’ and a continuous shrub hedge. The Inman Street frontage as well as 75’ of both side streets (Bates Street and Bible Street) shall include a black aluminum fence in place of the current chain link fence. Chain link may be used for the remainer of the perimeter with the green slats to screen from offsite property. Any outdoor storage shall be screened utilizing the requirements of the street yard and shall be placed to the rear third of the property behind the front wall of the existing structure. These areas shall not be visible from the Inman Street ROW and will be continuously and properly maintained. -All Class 1 Shade Trees shall be installed at a minimum caliper of two (2) inches as measured from two and one half (2 ½) feet above grade level. A minimum of 3 species must be utilized over the entire site -All Screening Trees shall be installed at a minimum height of eight (8) feet and have a minimum expected mature spread of eight (8) feet. -All Shrubs shall be twenty-four (24) inches in height and in a three (3) gallon pot. A minimum of 3 species must be utilized over the entirety of the site. All buildings 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 Inman street. The development standards for the ISE 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 PUD52 Inman Central ISE Mixed Use Development. The Developer and its assigns or successors in title shall carry out the construction on the project site in compliance with all applicable p. 821 REGULAR SESSION JULY 22, 2024 PAGE -821- MINUTE BOOK 31 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 thisordinance 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 PUD52, 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, andas such it is generally binding upon all development and use of property in the PUD52 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 “Developer'' is intended to encompass Sunbelt and Pheonix Investors 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 forceand effect. This ordinance shall take effect after final 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 p. 822 REGULAR SESSION JULY 22, 2024 PAGE -822- MINUTE BOOK 31 Councilman Webb moved that Zoning Ordinance 2024-38 be approved on first reading. The motion was seconded by Councilman May. Councilman Estes added with the caveat of 20’ in front. Upon roll call, the motion unanimously passed. p. 823 REGULAR SESSION JULY 22, 2024 PAGE -823- MINUTE BOOK 31 ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, August 12, 2024. b. Monday – August 26th from Noon - 1:30 p.m. Cleveland Police Department Community Room; Retirement Reception for Vice Mayor Avery Johnson and Councilman Dale R. Hughes. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:49 p.m. _________________________________ _________________________________ Mayor City Clerk