Cleveland City Council

p. 111 REGULAR SESSION DECEMBER 9, 2024 3:00 P.M. MINUTE BOOK 32 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, DECEMBER 9, 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 Councilwoman McKenzie, Councilmen Bill Estes, Tom Cassada, David May, Duane Goff, Ken Webb and Dan Moore. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Beverley Lindsey, Assistant to the City Manager; Seth Sumner, Assistant to the City Manager; Annie Bryant, Senior Customer Service Representative; Police Chief Mark Gibson; Fire Chief Chris Bates; Chris Gaylor, Assistant IT Director; Tommy Myers, Assistant City Manager/Transportation and Environmental Services; Jonathan Jobe, Assistant City Manager/Development and Recreation Services; Sharon Marr with Mainstreet; Rodney Williams; Rita Orourke; Dough Berry with the Chamber of Commerce; Madlin Baker; Jacob Bauman; Jeff Elliott, Director of Cleveland City Schools; Abigail Jeter; Amily Sims; Keisha Parks, Director of the Public Library and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Ken Webb, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Webb 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 18, 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 Mayor Brooks and Human Resource Director Kim Miller presented the following 2024 Service Awards to 20+ year employees. Rodney Williams addressed the City Council and asked for any updates on the future city gym at the Community Center. Mr. Fivas stated yes, a design was received, there was a problem with it, so it was sent back to the drawing board. We are exploring numerous options and will certainly get back to the Council when we have additional information. As previously stated, we are slowly working and there was never any huge interest in moving fast, just coming up with the best ideas. p. 112 REGULAR SESSION DECEMBER 9, 2024 PAGE -112- MINUTE BOOK 32 Scott McAllister addressed the City Council concerning their experiences with the Cleveland Utilities fiber project. The Lenox Hills subdivision may be one of the first to experience the fiber optic installation. What turned out to be a fiasco started rather nicely. He was very impressed with the contractor crew and the hardest working bunch of fellas, were doing exactly what they were told to do, get that cable in the ground from one end of the subdivision to the other. They worked very hard. However, by the third day a good part of the subdivision was without internet. As they were forcing their cable through the ground, which of course most of our underground was put in thirty years ago, maybe the AT&T cable was put in four years ago. They broke it in a lot of places. Then AT&T spent the last three weeks trying to correct it and tore up a lot of the subdivision. We hope this does not happen in the rest of the project. From his observation, the problem was oversight by Cleveland Utilities. These crews worked their butts off. They were extremely good, extremely hard workers, but little supervision and no oversight that he would have like to be seen by Cleveland Utilities. Cleveland Utilities trucks were in there two or three times in the three weeks they were in the subdivision. Hopefully, they can learn from this experience so the rest of the city, as they put this new fiber optic cable in, can put more supervision out there. Councilman Cassada stated he would like to address the ongoing disruptions caused by insulation of new fiber lines in our communities. While fully supporting the advancements of infrastructure and enhanced connectivity to improve the quality of life, the process has highlighted significant challenges of communication and coordination between providers AT&T, Spectrum, Chattanooga Gas and Cleveland Utilities. From my observations, my conversations with residents of the Third District, the disruptions in internet, water and gas has been frustrating, especially for those who work at home and also students that rely on services for their education. Interruptions are avoidable if looked at communication collaboration among all stakeholders. Mayor, I would urge you if you could, to engage the state officials to convene a meeting of all parties involved to develop a unified effective approach which ensures the future of infrastructure and upgrades to carry without the compromise of current services. Our citizens deserve a streamlined process that minimizes the inconvenience and embraces the process. Again, I'm committed to advocating solutions to work for everyone in Cleveland. So, Mayor, I would ask if there's some way that you could get our state legislators and everybody in the same room. I think this is just the starting point as we go into other districts, we might see the same things. I just don't want to see the heartbreak from everybody else. Mayor Brooks stated it is important for full disclosure that Cleveland Utilities is an Authority, and a few of us are on the Authority Board, and going forward it is important to include the Authority Board and the providers. He is happy to reach out and facilitate a meeting. 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 BBB Corporation (c/o Greg Bowman) for consideration of a resolution to adopt a Plan of Service, a resolution to annex, and an ordinance to zone about 3.92 acres, more or less from FAR unincorporated county to CH Highway Commercial Zoning District, for property located at Circle Drive and includes Tax Map 057H Group C Parcel 001.00 (Planning Commission: Approved 9-0). Mr. Varnell stated the owners have three separate parcels contiguous, zoned CH. The current use is for a laydown yard but as they move forward, the desire is for a possible redevelopment in the future. Access would be closer to South Lee Highway and coordinated with staff. The Planning Commission and staff recommends approval. 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 Misty and Jason West for consideration of an ordinance to zone about .18 acres, more or less, for property located at 1132 Wildwood Ave SE from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 057L Group G Parcel 005.00 (Planning Commission: Approved 9-0). Mr. Varnell stated with our removal of the residential component within the CH zoning p. 113 REGULAR SESSION DECEMBER 9, 2024 PAGE -113- MINUTE BOOK 32 designation several years ago, houses did preexist. They have a situation where they need to rebuild it, and R-2 is in the area. The Planning Commission and Staff recommends approval. 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 Barry Clark for consideration of an ordinance to amend PUD 53 to allow single family residential dwellings in addition to multi-family residential dwellings and includes Tax Map 050N Group B Parcel 009.00 (Planning Commission: Approved 9-0). Mr. Varnell stated this came through as a full townhome development but after review they have decided to trim it back from 81 townhome units to a total of 60 units, 32 townhomes and 28 single-family detached lots. The owners see the market trending towards single-family homes in that area. The Planning Commission and Staff recommends approval. 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. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was provided to the Council prior to the meeting. Councilman Estes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed 7-0. a. Resolution 2024-132 – Authorizing the Mayor to sign an agreement with Evergreen Solutions, LLC for consulting services in connection with the City’s class and compensation plan. RESOLUTION 2024-132 WHEREAS, City staff issued a request for proposals for qualified entities to provide proposals to the City for management consulting services to the City in connection with the City’s class and compensation plan; and WHEREAS, the City received several proposals and the committee which reviewed the proposals has now selected Evergreen Solutions, LLC to provide these services to the City; and WHEREAS, Evergreen Solutions LLC has provided the City with the attached consulting services agreement; and WHEREAS, the City Council desires to approve of the selection of Evergreen Solutions, LLC and the attached agreement with Evergreen Solutions, LLC, and to authorize the Mayor to sign the agreement on behalf of the City. 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 selection of Evergreen Solutions, LLC to provide these management consulting services to the City of Cleveland; and BE IT FURTHER RESOLVED that the City Council hereby approves of the attached agreement with Evergreen Solutions, LLC, and it authorizes the Mayor to execute the agreement on behalf of the City. [on file in the City Clerk’s Office.] This 9th day of December 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 114 REGULAR SESSION DECEMBER 9, 2024 PAGE -114- MINUTE BOOK 32 b. Resolution 2024-133 – Authorizing the Mayor to sign a contract amendment #6 with TDOT to add additional Federal funds requested by staff relating to Gaut Street sidewalk project (PIN 123116.01). RESOLUTION 2024-133 WHEREAS, the City has received the attached Amendment #6 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Various Streets in Cleveland Agreement Number: 170087 Project Identification Number (PIN): 123116.01 Federal Project Number: STP/STP-M-9203(23) State Project Number: 06LPLM-F3-056 WHEREAS, the City Council desires to enter into the attached Amendment #6 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 Amendment Number 6 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. [on file in the City Clerk’s Office.] This 9th day of December 2024 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk c. Resolution 2024-134 – Authorizing the Mayor to sign a grant contract with the State of Tennessee Department of Environment and Conservation for environmental investigation of parcels located at 740 King Edward Avenue and 200 3rd Street (Brownfield Redevelopment Area). RESOLUTION 2024-134 WHEREAS, the City has received the attached grant contract from the State of Tennessee, Tennessee Department of Environment and Conservation, (hereafter the “State”) for a grant to provide funding for environmental investigation of parcels located at 740 King Edward Avenue and 200 3rd Street; 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 9TH day of December 2024 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 115 REGULAR SESSION DECEMBER 9, 2024 PAGE -115- MINUTE BOOK 32 d. Resolution 2024-135 – Approving a PILOT Agreement for Amaero Advanced Materials & Manufacturing, Inc. RESOLUTION 2024-135 A RESOLUTION APPROVING A PAYMENT-IN-LIEU-OF TAXES (PILOT) SCHEDULE AND DELEGATING AUTHORITY TO ENTER INTO A PILOT AGREEMENT WHEREAS, the Industrial Development Board of the County of Bradley and the City of Cleveland, Tennessee (the "Board") has recommended a Payment-In-Lieu-Of-Taxes ("PILOT") schedule for Amaero Advanced Materials & Manufacturing, Inc. (the "Company") which has leased certain property from Spring Branch, LLC ((the "Developer") within the City of Cleveland, Bradley County, Tennessee, for the real property, the construction of additional improvements thereon, and the acquisition and installation of certain machinery, equipment and other personal property for use for manufacturing and related purposes in Bradley County, Tennessee with a capital investment of approximately (but not limited to) $54,900,000 (the "Project"); WHEREAS, the Project is anticipated to result in the creation of 87 new full-time positions; WHEREAS, the Company has requested that all real and personal property acquired or utilized in connection with the Project (collectively, the "Property") qualify for an arrangement (the "PILOT Arrangement") whereby the Property shall be exempt from all ad valorem property taxes otherwise due thereon (collectively, "property taxes"), and in lieu of the property taxes, the Companies shall be required to make annual payments in lieu of taxes equal to sixty-two and one-half percent (62.5%) of the property taxes otherwise due on the Property during the ten-year period commencing on January 1, 2025 and ending on December 31, 2034; WHEREAS, the Board has determined that, notwithstanding the PILOT Arrangement, the Project will result in the payment of in lieu of tax payments to the City of Cleveland, Tennessee in an estimated amount of $1,650,414.47 over the same ten-year period; and WHEREAS, the City of Cleveland, Tennessee (the "City") has determined that the proposed PILOT Arrangement is fair, reasonable, and necessary for the continued economic development of Bradley County and that the payments in lieu of taxes derived from the PILOT Arrangement would be in furtherance of the Board’s purposes. NOW THEREFORE, BE IT RESOLVED by the City Council of Cleveland, Tennessee as follows: Section 1. The City hereby agrees to the PILOT Arrangement and hereby delegates the power and authority to the Board to negotiate a PILOT agreement with the Company and the Developer to reflect the parties' respective rights and obligations in accordance with the PILOT Arrangement. Section 2. The City hereby authorizes the Mayor to execute any and all documents necessary for the successful completion of the Project, including but not limited to, all documents related to the PILOT Arrangement. Section 3. This Resolution shall become effective upon its adoption. Adopted this 9th day of December, 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 116 REGULAR SESSION DECEMBER 9, 2024 PAGE -116- MINUTE BOOK 32 e. Resolution 2024-136 – Authorizing the Mayor to sign an agreement with Destination by Design Planning, LLC for marketing, consulting, and development services for the City. RESOLUTION 2024-136 WHEREAS, City staff solicited requests for qualifications for marketing and development services for the City of Cleveland, and City staff is now recommending to the City Council that the City enter into an agreement with Destination by Design Planning, LLC for these services; and WHEREAS, the City has received the attached agreement from Destination by Design Planning, LLC for these services; and WHEREAS, City staff are requesting that the City Council approve of the attached agreement between the City and Destination by Design Planning, LLC for these services; and WHEREAS, the City Council now desires to approve of the attached agreement with Destination by Design Planning, LLC, 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 agreement with Destination by Design Planning, LLC for these services 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 9th day of December 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk f. Motion - Authorizing the Mayor to sign a four-year contract extension for Banking Services with Pinnacle Bank. g. Motion - Change Order #2 with Chazler, Inc. for Jim Sharp Park. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: December 9, 2024 RE: Jim Sharp Park Change Order No. 2 SUMMARY: Staff requests City Council approval of the attached change order to the Chazler, Inc., contract for Jim Sharp Park. This is to cover the additional expenses incurred due to rock outcropping excavation. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Results in a contract increase of $2,750.00. RECOMMENDATION: Staff recommends approval of this item. p. 117 REGULAR SESSION DECEMBER 9, 2024 PAGE -117- MINUTE BOOK 32 h. Motion - Change Order #1 for Roy’s Alternator Building/Council Chambers. TO: Mayor and City Council FROM: Bryan Turner, Director of Building and Project Development DATE: December 9, 2024 RE: Roy’s Alternator Building/Council Chambers – Change Order #1 SUMMARY: Attached are change orders for the City Council shell project for your consideration. A summary of the change orders prepared by the architect is included. The total change order will increase the contract amount $23,652.00. The architect and city staff recommend approval. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman May stated this has been a great meeting discussing the positive things we’ve done in Cleveland, and awarding staff service awards. He then wished everyone a Merry Christmas. Councilman Goff wished everyone a Merry Christmas. Vice Mayor Webb asked for an update on two Code Enforcement cases, Pleasant Grove Church Road and Highland Drive. Mr. Jobe stated he will get a update. Mr. Varnell stated the court date is scheduled for December 19. Mr. Fivas stated that is when the judge will deliberate, but they can still come into compliance before then. Vice Mayor Webb stated yes, we’d like it expedited and prefer if it gets cleaned up. Councilwoman McKenzie asked to be included in the update for Pleasant Grove Church Road. Vice Mayor Webb asked if staff had a chance to look at the culvert on Chestnut Drive. Mr. Myers stated yes, it was filled last week. Lastly, Vice Mayor Webb stated we have trades people that have bid for contracts, like electric, plumbing and was curious if we had anything with painters. Mr. Fivas stated no, not at this time. Vice Mayor Webb stated it should be something to look into and could be beneficial. Councilman Moore stated on Saturday the Community Center had Santa Claus, Ms. Claus, a live nativity and Rodney Williams was dressed up like an elf. It was a great time, and the Community Center was packed. Also, the Christmas lights at the hospital look amazing. They are investing back into their product, and it makes him feel good. He then wished everyone a Merry Christmas. Councilwoman McKenzie stated she did take her grandkids to the Community Center for the live nativity animals and Santa. There were a lot of people, all having a good time. She then inquired if Guthrie Drive, which is pretty rough, on the paving schedule, as there are several street cuts and bumps. Mr. Myers stated he will have to check the list. Lastly, she congratulated staff on the service awards and thanked them for the hard work they’ve done for the City of Cleveland. She then wished everyone a Merry Christmas and a Happy New Year. Councilman Estes stated he spoke with Cleveland Utilities about the issues previously discussed with fiber installs. AT&T didn’t map properly. Charter didn’t put it on the universal map locator. Chattanooga Gas, a whole different ball of wax. Speculation is why put the time, money and effort into it and pay it on the backend. Cleveland Utilities followed the maps they were supposed to. Let’s go to our legislative delegation and say punish AT&T and Charter for not following the maps. If you talk to them, that is the message we need to take. AT&T has caused more problems at this level to our citizens than any other market utility. He asked that the Cleveland Utilities press release to be including in the official record of the minutes. On the positive side, right now, Cleveland Utilities fiber high speed internet is available to four thousand p. 118 REGULAR SESSION DECEMBER 9, 2024 PAGE -118- MINUTE BOOK 32 homes, which is amazing. The whole second district is excited about them getting to us as they work their way around the city. Kudos to them, they are doing a great job and encourages the Council to meet with them and get their side of the story. Next, he appreciates everyone coming to the College Hill meeting. It was a good meeting and felt people left all on the same page. He liked the three main types of zoning and has a meeting with Mr. Woodruff about R4 zone and his church and will follow up with staff. Again, good momentum, good things the city is doing. The small neighborhood plans for the different communities are great. Also, whoever took the drone footage of the Christmas parade, particularly over Bradley High School, it was really well done. Mayor Brooks stated that was AJ Media. Councilman Estes then stated the Turkey Trot on Thanksgiving morning had over four hundred finishers of the 5K and over one hundred finishers of the one-mile Fun Run. There was almost seven hundred people out at eight o’clock in the morning on Thanksgiving Day. He really appreciates Terra Running Company for making the event happen. Lastly, he asked for an email copy of the urban growth map we’re submitting. If a copy of Charleston and Bradley County come through, he’d love to see them as well. [Press Release – Cleveland Utilities] Cleveland Utilities Addresses Fiber Project Construction Challenges and AT&T/Spectrum Internet Service Disruptions Cleveland Utilities (CU) believes in being open and transparent with its customer base and wants to communicate an important update regarding challenges the utility has and continues to face during its ongoing fiber project. CU’s commitment to its customers remains steadfast, and the utility recognizes the importance of sharing details and facts, so customers are informed. During the ongoing construction phase of the fiber buildout, CU's contractors have inadvertently dug into AT&T and Spectrum lines which led to temporary disruptions in internet service for some households. Unfortunately, despite CU adhering to all necessary protocols and placing requisite one-call requests, these providers have repeatedly not marked their service drops, resulting in unmarked facilities being affected. Cleveland Utilities has received numerous calls from impacted customers when these occurrences happen, and while CU is not liable or financially responsible for damages occurring to unmarked lines, CU’s staff is actively trying their absolute best to help customers get their issues resolved. They have been reaching out to the appropriate provider to alert them of the incidents and working on behalf of the customer in an effort to get their services restored as quickly as possible. Additionally, Cleveland Utilities strongly recommends for customers of AT&T and Spectrum to contact them and encourage the marking of their facilities. The action of these companies marking their lines will ensure their facilities are correctly identified to help prevent future occurrences of disruptions. A clear indication that a customer’s service line has been marked is the appearance of orange paint, leading from the curb to the home. Cleveland Utilities wants customers to know they are being proactive in this respect and are marking their facilities. This is CU’s commitment to help ensure their customers do not experience disruptions caused by unmarked lines. By increasing awareness and encouraging all service providers to mark their facilities, we can help protect our community’s services to have reliable utility access. By working together, we can all help alleviate these issues. In a recent development, one of AT&T's primary fiber lines was accidentally hit due to not being marked, and when they were unable to deploy repair resources promptly, CU’s contractor stepped in to assist AT&T with their repairs. This effort displays CU’s dedication and exemplifies CU as a cooperative partner in this process. “Our customers rely on internet service for countless essential activities, and being without it can be incredibly frustrating," said Tim O. Henderson, President/CEO of Cleveland Utilities. “It's always our desire for customers’ utility services, from all providers, to be uninterrupted and p. 119 REGULAR SESSION DECEMBER 9, 2024 PAGE -119- MINUTE BOOK 32 accessible. We sincerely regret this is happening, but we want our customers to know we are doing everything possible to ensure this project is performed with excellence.” Cleveland Utilities ensures strict adherence to all state and federal regulations, maintaining the highest standards for quality and safety throughout its fiber project execution. Cleveland Utilities truly appreciates the ongoing patience and understanding of customers as these challenges are encountered. Our goal is to minimize disruptions as much as possible during this process. CU remains focused on delivering exceptional utility services, including a robust fiber infrastructure, which will benefit the community moving forward. Any updates or developments will be communicated. For further inquiries or more information, please contact 423-472-4521. Stay connected by following us on Facebook, Instagram, and YouTube. Thank you for your continued support and trust in Cleveland Utilities. Councilman Cassada stated he did speak with Cleveland Utilities management team for about an hour and a half concerning fiber installation. He felt there was not good communication out where they were working. When AT&T came through his neighborhood several years ago, no one lost internet, gas, water. He then showed photos of markings on the grass in his yard, lines were marked. His understanding is AT&T has their main lines with tracers, some of the small lines do not have tracers but the lines were hit four times. We have people in the neighborhood who have lost internet going on four weeks. Spectrum and AT&T did not do anything. In the neighborhood, we’ve had a water main to bust, a natural gas line hit where Fire Department responded, and people are upset with the situation. We don’t want it to move into other areas of the city, especially where smaller areas and more stuff underground. He is trying to facilitate everyone getting together to communicate. Line were marked and they still hit them, some numerous times. Vice Mayor Webb stated when the subdivision was developed there was an option to put a communications conduit in the ground at the time. Now we are seeing subdivisions where that was not done by the developer. Also, we are seeing subdivisions where the conduit is being used by someone else. That is causing an additional amount of work. Regardless on how much time is spent on marking, mistakes can happen. Twelve inches can make a huge difference and even if it is marked perfectly, there will be incidents. It has been a terrible inconvenience for the neighborhood and doesn’t think anything was done intentionally and once it is complete, and repairs have been done, in the long run it will be beneficial to the neighborhood to have the additional services. Councilman Cassada stated he is asking that Cleveland Utilities have someone on site to make sure things are done correctly by the contractors. Also, for safety and security. Internet has been out for four weeks in Lenox Hills. Councilman Estes stated he stands by Cleveland Utilities press release. Those on the Utility Authority, please ask them to see where the cuts were and was it marked. That is the issue. If it was really marked, then their press release was bogus, and you need to hold them accountable. Councilwoman McKenzie stated they said even though they were marked, the lines were not necessarily where they were marked. Councilman Estes stated going forward, this doesn’t involve our legislative delegation, unless they are going to attach those who don’t follow regulations. Councilwoman McKenzie asked if we could require lines in conduit for future development. Mr. Fivas stated all new neighborhoods it is mandatory for conduit to be installed for all the different utilities. Councilman Goff stated even with conduit in the ground, multiple third parties do not use conduit. Councilwoman McKenzie stated if it is mandatory they should be using it. Mr. Fivas stated we will look into it. Vice Mayor Webb stated he feels when this is all said and done, even though it has been very inconvenient for residents overall, the City of Cleveland will benefit with having broadband services through Cleveland Utilities. Councilman Cassada stated lastly, if staff will speak with Chattanooga Gas about meeting with residents of Lenox Hills concerning the relocation of the gas sign. David Sheely stated he has reached out and has not received a reply yet. p. 120 REGULAR SESSION DECEMBER 9, 2024 PAGE -120- MINUTE BOOK 32 Vice Mayor Webb thanked those that participated in the grocery bag event at Food City. The City had a team to raise money for United Way. We had a good time and time well spent. He highly encourages others to participate. Mayor Brooks stated Rotary Club of Cleveland won again, making it a two-year championship and also, he was happy to report the City of Cleveland beat Bradley County in fundraising during that one-hour event. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: a. Resolution 2024-130 – Concerning a request by BBB Corporation (c/o Greg Bowman) for consideration of a resolution to adopt a Plan of Service for about 3.92 acres, more or less, for property located at Circle Drive and includes Tax Map 057H Group C Parcel 001.00 (Planning Commission: Approved 9-0). RESOLUTION 2024-130 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT CIRCLE DRIVE (057H C 001.00) WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries by owner consent; and WHEREAS, a Plan of Services for the territory proposed for annexation by owner consent has been reviewed by the Cleveland Municipal Planning Commission; and WHEREAS, the governing body desires to conduct a public hearing on the proposed annexation and plan of services; NOW THEREFORE BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That a public hearing is hereby held at 3:00 pm on December 9, 2024, at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: Beginning at the southwest corner of the lands of Ruth Anne Aulds, as recorded in BCROD deed book 2097 page 634, said point also being the south east corner of the lands of BBB Corporation, as recorded in BCROD deed book 2508 page 890; thence with the southern line of the lands of BBB Corporation in a northwesterly direction 401.4 feet, more or less, to the southwest corner of the lands of BBB Corporation, said point also being located in the existing City Limits; thence with the western line of BBB Corporation and the existing City Limits in a northeasterly direction 610 feet, more or less, to the northwest corner on the lands of BBB Corporation, said point being located in the western right of way of Circle Dr; thence leaving the existing City Limits and following the western right of way of Circle Dr in a southerly direction 530 feet, more or less, to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. p. 121 REGULAR SESSION DECEMBER 9, 2024 PAGE -121- MINUTE BOOK 32 C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk NOVEMBER 19, 2024 CIRCLE DRIVE ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 3.93 acres located at Circle Drive as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is inside the existing Urban Growth Boundary (UGB). The proposed annexation is proposed to occur in 2024. This report begins with a brief overview of the annexation process and the report then turns to a proposed Plan of Services (POS) for the annexation area. The services described are those that would be necessary for the City to provide under Tennessee law. This area is proposed to receive city services in accordance with the POS. Introduction Public Chapter 1101 (PC 1101), adopted as Tennessee law in 1998, required cities to work cooperatively with other local governments to determine an urban growth boundary (UGB) in which annexations could occur. Cleveland has a twenty-nine square mile UGB that was based on a study of urbanization and service requirements in a fifty square mile urban fringe area. The UGB was amended in January 2010, expanding it near I-75 Exit 20 and in the vicinity of the new airport site near Dry Valley Road. Cleveland can annex property within its UGB by resolution. PC 1101 Section 19 requires a “Plan of Services” (POS) prior to annexation and these services must include: police and fire protection: water, electrical and sanitary sewer services; solid waste collection; road and street construction and repair; recreational facilities and programs; street lighting; and zoning services. Public Chapter 225 adopted by the Tennessee General Assembly and signed by Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. p. 122 REGULAR SESSION DECEMBER 9, 2024 PAGE -122- MINUTE BOOK 32 The property consists of one parcel, approximately 3.93 acres total. The annexation would zone the property as CH Highway Commercial. This lot is currently vacant, and the expansion of an existing laydown yard proposed. The property is described as Tax Map 057H C 001.00. Circle Drive Annexation Map Legal Description Beginning at the southwest corner of the lands of Ruth Anne Aulds, as recorded in BCROD deed book 2097 page 634, said point also being the south east corner of the lands of BBB Corporation, as recorded in BCROD deed book 2508 page 890; thence with the southern line of the lands of BBB Corporation in a northwesterly direction 401.4 feet, more or less, to the southwest corner of the lands of BBB Corporation, said point also being located in the existing City Limits; thence with the western line of BBB Corporation and the existing City Limits in a northeasterly direction 610 feet, more or less, to the northwest corner on the lands of BBB Corporation, said point being located in the western right of way of Circle Dr; thence leaving the existing City Limits and following the western right of way of Circle Dr in a southerly direction 530 feet, more or less, to the point of beginning. Plan of Services 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation. 2. Fire Protection The Cleveland Fire Department could service this area immediately with little impact to the budget. p. 123 REGULAR SESSION DECEMBER 9, 2024 PAGE -123- MINUTE BOOK 32 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water---Domestic water service is presently available to the parcel via a 6” water main along Circle Dr. SW. See Figure 1 – Water Service. B. Sanitary Sewer---Sewer service is not presently available to the parcel. To serve this parcel, approximately 120 LF of 8” gravity sewer main would be installed across Circle Dr. SW and turn south to reach the parcel. The Opinion of Probable Cost is $16,500. This work can be completed in 8 years. See Figure 2 – Sewer Service. C. Fire Protection---Fire protection is presently available to the parcel via a fire hydrant 300 ft. north of the parcel along South Lee Hwy. See Figure 1 – Water Service. SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection Circle Dr. SW (057H-C- $0 $16,500 $0 $16,500 001.00) 1 CU’s opinions of probable Construction Cost are to be made on the basis of CU’s experience, qualifications, and general familiarity with the construction industry. However, because CU has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, CU cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by CU. The information provided represents a level of project definition of less than 2 percent, consistent with a Class 5 estimate as defined by the Association for the Advancement of Cost Engineering. A Class 5 estimate has an accuracy range of +100 percent to -50 percent. p. 124 REGULAR SESSION DECEMBER 9, 2024 PAGE -124- MINUTE BOOK 32 4. Electric Service Cleveland Utilities Electric has facilities in the area of the proposed annexation and electric service should not be an issue. 5. Public Works A. Refuse Collection a. Current city policies regarding residential, commercial, and industrial refuse will apply in all proposed areas per the terms of the City’s contract with Waste Connections of Tennessee, Inc. b. The City no longer provides curbside recycling, and this service will not be provided in the proposed areas, unless the City Council initiates a program in the future. B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. p. 125 REGULAR SESSION DECEMBER 9, 2024 PAGE -125- MINUTE BOOK 32 b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs, or street striping/painting is needed at this time for the proposed areas. D. Stormwater and Drainage Services Emergency drainage maintenance (i.e., cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e., street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. 6. Schools This annexation will have no education impact. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently FAR in the unincorporated County. The property is proposed for a CH Highway Commercial Zoning District as its post-annexation zoning. C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. p. 126 REGULAR SESSION DECEMBER 9, 2024 PAGE -126- MINUTE BOOK 32 9. Voting Rights and City Elections A. If an eligible voter’s permanent place of residence is located in an annexed area, that voter is automatically eligible to vote in City elections. B. If an eligible voter is in the category of a property rights voter, then that voter must register at the Election Commission Office prior to voting in a City election. C. This annexation is expected to add approximately 0 residents to the 4th City Council District. 10. Stormwater I. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is billed on the Cleveland Utilities monthly water bill. For additional information or to view the Stormwater Utility Fee Credit and Adjustment Manual please visit our website at www.clevelandtn.gov/stormwater. II. All new developments will need to adhere to the City of Cleveland Stormwater Ordinance. It appears that there may be a stream located on this site. Please review the City of Cleveland stream buffer requirements for any new development. Any modifications to the stream will require an Aquatic Resource Alteration Permit (ARAP). This permit is issued by the Tennessee Department of Environment and Conservation. III. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. Revenue Total revenue generated by this annexation is approximately $xx per year Councilman May moved that Resolution 2024-130 be accepted as presented. The motion was seconded by Vice Mayor Webb; and upon roll call, unanimously passed. The following Resolution was then presented in full: b. Resolution 2024-131 – Concerning a request by BBB Corporation (c/o Greg Bowman) for consideration of a resolution to annex about 3.92 acres, more or less, for property located at Circle Drive and includes Tax Map 057H Group C Parcel 001.00 (Planning Commission: Approved 9-0). RESOLUTION 2024-131 A RESOLUTION TO ANNEX CERTAIN TERRITORY UPON WRITTEN CONSENT OF THE OWNERS AND TO INCORPORATE THE SAME WITHIN THE BOUNDARIES OF THE CITY OF CLEVELAND, TENNESSEE CIRCLE DRIVE ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and p. 127 REGULAR SESSION DECEMBER 9, 2024 PAGE -127- MINUTE BOOK 32 WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on December 9, 2024. NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A.That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: Beginning at the southwest corner of the lands of Ruth Anne Aulds, as recorded in BCROD deed book 2097 page 634, said point also being the south east corner of the lands of BBB Corporation, as recorded in BCROD deed book 2508 page 890; thence with the southern line of the lands of BBB Corporation in a northwesterly direction 401.4 feet, more or less, to the southwest corner of the lands of BBB Corporation, said point also being located in the existing City Limits; thence with the western line of BBB Corporation and the existing City Limits in a northeasterly direction 610 feet, more or less, to the northwest corner on the lands of BBB Corporation, said point being located in the western right of way of Circle Dr; thence leaving the existing City Limits and following the western right of way of Circle Dr in a southerly direction 530 feet, more or less, to the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. p. 128 REGULAR SESSION DECEMBER 9, 2024 PAGE -128- MINUTE BOOK 32 EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning for the aforementioned property within 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 2024-131 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: c. Zoning Ordinance 2024-61 – Concerning a request by BBB Corporation (c/o Greg Bowman) to zone about 3.92 acres, more or less from FAR unincorporated county to CH Highway Commercial Zoning District, for property located at Circle Drive and includes Tax Map 057H Group C Parcel 001.00 (Planning Commission: Approved 9-0). Zoning Ordinance 2024-61 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 FAR unincorporated county Zoning District to CH Highway Commercial Zoning District Approximately 3.93 acres, more or less, located on Circle Drive SW as shown on the attached map. For reference, the same property is being shown on Tax Map 057H Group C Parcel 001.00 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 129 REGULAR SESSION DECEMBER 9, 2024 PAGE -129- MINUTE BOOK 32 Exhibit A Councilman Cassada moved that Zoning Ordinance 2024-61 be approved on first reading. The motion was seconded by Councilwoman McKenzie; and upon roll call, unanimously passed. The following Ordinance was then presented in full: d. Zoning Ordinance 2024-62 – Concerning a request by Misty and Jason West for consideration of an ordinance to zone about .18 acres, more or less, for property located at 1132 Wildwood Ave. SE from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 057L Group G Parcel 005.00 (Planning Commission: Approved 9-0). Zoning Ordinance 2024-62 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 R2 Low Density Single and Multi-Family Zoning District. Approximately .18 acres, more or less, located on Wildwood Avenue SE as shown on the attached map. For reference, the same property is being shown on Tax Map 057L Group G Parcel 005.00 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 130 REGULAR SESSION DECEMBER 9, 2024 PAGE -130- MINUTE BOOK 32 Exhibit A Councilwoman McKenzie moved that Zoning Ordinance 2024-62 be approved on first reading. The motion was seconded by Councilman Moore; and upon roll call, unanimously passed. The following Ordinance was then presented in full: e. Ordinance 2024-63 – Concerning a request by Barry Clark for consideration of an ordinance to amend PUD 53 to allow single family residential dwellings in addition to multi-family residential dwellings and includes Tax Map 050N Group B Parcel 009.00 (Planning Commission: Approved 9-0). ORDINANCE 2024-63 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 BENTON PIKE TOWNHOME "PUD 53" ON PROPERTY DESCRIBED AS TAX MAP 60N GROUP B PARCEL 9.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 53; 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. 131 REGULAR SESSION DECEMBER 9, 2024 PAGE -131- MINUTE BOOK 32 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 53" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 53 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 53 district are those 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 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 53, Benton Pike Townhome Development (name may be revised during the platting process with approval of the Cleveland Municipal Planning, includes property generally identified as Tax Map 60N Group B Parcel 9.00. Exhibit A illustrates the overall Benton Pike Townhome 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 Benton Pike Townhome development. The project consists of detached single-family dwellings and attached single- family dwellings in multi-unit townhome structures. The attached multi-unit townhome units may constitute no more than 28 overall units within the development, with a total of 60 overall units being allowed. Exhibit A shows the general location of proposed infrastructure and common areas. The developer shall include common open space designed within the development, including any permanent retention or detention pond areas, or landscape common area. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 53 Subdivision allows for the construction of up to 60 dwelling units, 28 single- family detached units and 32 in multi-unit townhome structures with a maximum of four dwelling units per building. Streets, sidewalks, drainage structures, fire hydrants, utilities, and the like are allowed. Residential amenities such as a community pool, clubhouse, etc. are allowed in the event that the developer wishes to amend the conceptual plan through the Cleveland Municipal Planning Commission. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 53 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 residential uses within the Benton Pike Townhome 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. Home occupations permitted in Cleveland's zoning ordinance are allowed unless prohibited by the Developer. There are no conditional uses within the PUD 53 district. Uses other than those described as permitted or allowed herein are prohibited. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibit A) for PUD 53, The Benton Pike Townhome Development was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on July 9th, 2024, and an updated concept was provided for consideration in the regular meeting on November 19th, 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 p. 132 REGULAR SESSION DECEMBER 9, 2024 PAGE -132- MINUTE BOOK 32 construction. All development within PUD 53 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. Any modification through the platting process may not increase the total number of dwelling units beyond 60 without a revision to the PUD ordinance approved by the City Council. Additional plans, plats, and other development-related documents and permits will be necessary to carry out the construction of this project. It is recognized that the plats and site plans for The Benton Pike Townhome development may ultimately reflect some alteration in the conceptual plan such as the exact location of each specific residential development typology within the 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 and traffic improvements, buffers with external properties, etc.). All streets within the PUD 53 Benton Pike Townhome development shall be constructed with adequate ROW to accommodate the installation of sidewalks which shall be installed at the expense of the developer. Existing Right of Way along Benton Pike Townhome development is narrow adjacent to PUD 53 and the intention is that the Benton Pike ROW be at least 60 feet in width; therefore, the developer grants additional ROW to the City of Cleveland such that the ROW is at least 25 feet from the existing center line of Benton Pike along the entire property frontage so as to make room for any possible future city improvements. The Developer shall installsidewalks alongBentonPike for the extend of the property. 6.B. PLATS. One or more plats will be prepared for the PUD 53 property by the Developer for approval in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will describe and dedicate public streets and any other public properties; identify lots; and identify easements that are necessary for various purposes within the development such as utilities, access, maintenance, and conservation, etc. These plats shall be consistent in general layout with the conceptual site plan. 6.C. PRIVATE DEVELOPMENT DOCUMENTS. The Developer shall prepare and implement such master covenants, restrictions, condominium association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 53 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 53 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 PUD 53 shall be those established in this ordinance or incorporated herein. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R2 zone, from the City of Cleveland's zoning regulations. All structures must include articulation, changes in materials or texture, windows, or other architectural features. The front facade of all structures shall contain a minimum of at least 60% of either brick or stone materials. Vinyl siding is prohibited on all front facades with the exception of soffits. No blank walls along street elevations are allowed. A two-inch caliper hardwood shade tree which is determined acceptable to the City's Urban Forester shall be installed between each building. The driveways and parking areas for each Townhome shall be separated by a minimum of 3-foot planted landscape strip, therefore allowing for placement of trees and other landscaping. p. 133 REGULAR SESSION DECEMBER 9, 2024 PAGE -133- MINUTE BOOK 32 All lots shall be serviced by sidewalks within the subdivision. Sidewalks should be illustrated on all plats and site plans for review by city staff. The curb line should be extended to the development property line along Benton Pike. A monument style ground sign shall be installed at all entrances to the site. A landscaped front yard no smaller than 8' in width shall be installed along Benton Pike to provide privacy and to maintain a high- quality appearance. Open space shall be maintained at a proportion of no less than 25% of the total buildable area. The external boundary of the development shall consist of a 10’ type B buffer. A high-quality picnic pavilion shall be provided within the designated open space by the developer once 75% the buildable lots in the development are established or under construction. This amenity shall be accessible to all lots within the subdivision by a sidewalk. All common areas, facilities and landscaping shall be kept in good repair by the developer, future owners, or an established homeowner’s association. In coordination with Cleveland City Schools, a bus shelter must be placed on the property. A centralized cluster mailbox unit shall be provided, if required by the United States Postal service, and shall include a minimum of 2 off-street parking spaces. This may be combined with site amenity as provided. Provide overflow/guest parking areas to avoid residents parking on the street. 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. Townhome sites shall comply with existing city townhome regulations for lot width, front setback requirements are 18 feet (must have at least 25’ of driveway between the sidewalk/property line and the structure). The minimum side setback for townhomes is 10’. Townhomes must follow the City's established process requiring a site plan for construction and a final plat subsequent to construction. Single-family detached dwelling units must have a minimum 50’ in width and 100’ in depth, a 25’ front setback, 10’ side setback, and a 15’ rear setback. Storage sheds and similar accessory structures, if allowed by the Developer shall be limited to yard areas behind the primary structure and are not to encroach within five feet of any property line. Covered porches, sunrooms, and other covered additions to the primary structure, if allowed by the developer are to maintain the required setbacks for the primary structure. Open patios and decks, if allowed by the Developer, may extend to within 10 feet of a rear property line or a lesser distance if required by the developer. The guidelines for approval of a minor encroachment as established within the Cleveland Zoning Ordinance may be utilized to establish variations in setbacks subsequent to any Planning Commission approvals. The development standards for the R2 Low Density Single and Multi-family Residential 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 PUD53 Benton Pike Townhome 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. 134 REGULAR SESSION DECEMBER 9, 2024 PAGE -134- MINUTE BOOK 32 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 PUD 53, 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 PUD36 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 Brian Hudson 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 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 Vice Mayor Webb moved that Ordinance 2024-63 be approved on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following item was then presented: f. Surplus Property – Declaring miscellaneous restaurant equipment from the Cherokee Hotel as surplus property and be either scrapped or donated. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: December 9, 2024 RE: Surplus Property p. 135 REGULAR SESSION DECEMBER 9, 2024 PAGE -135- MINUTE BOOK 32 SUMMARY: The Development and Recreation Department requests the City Council declare miscellaneous restaurant equipment in the Cherokee Hotel as surplus property. The equipment will be removed during construction and listed on GovDeals. Items not sold on GovDeals will either be scrapped or donated. Councilman Cassada asked if any of the items could be used on the new restaurant side. Mr. Fivas stated we salvaged what we could. Councilman Moore stated they are very large pieces and outdated. Councilman May stated for the time and money we are spending we should not put used crap in the kitchen. Councilman Cassada then moved to approve declaring the items as surplus to be sold, scrapped or donated. The motion was seconded by Councilwoman McKenzie; and upon roll call, unanimously passed. Mr. Fivas stated to correct the record, Cleveland Utilities requires developers to install conduit for electric and broadband services. There is no rule that the developers have to install conduit for Spectrum or AT&T. Councilwoman McKenzie asked if the city can require or encourage them to use conduit. Mr. Fivas stated he will certainly find out. Mayor Brooks stated this is a good opportunity to say going forward if you want to build a new development in the city limits you are required to use conduit no matter who you are. Councilman Goff stated the issue is companies don’t want to use the conduit, so it would be good to enforce it. Mr. Fivas stated yes, staff will investigate. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, January 13, 2025 b. Holiday Schedule; City offices will be closed as follows: • Monday, December 23, Tuesday, December 24 and Wednesday, December 25 for the Christmas Holiday. The December 23 Council meeting will be cancelled. • Tuesday, December 31 and Wednesday, January 1, 2025 for the New Year’s Holiday. Mayor Brooks then wished everyone a very Merry Christmas. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 4:14 p.m. _________________________________ _________________________________ Mayor City Clerk