Cleveland City Council

p. 259 REGULAR SESSION OCTOBER 24, 2016 3:00 P.M. MINUTE BOOK 28 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, OCTOBER 24, 2016 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Richard Banks and Avery Johnson. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/Operations Melinda Carroll; Assistant City Manager/CFO Shawn McKay; City Attorney John Kimball; Sue Zius, Assistant to the Mayor/Legislative Liaison; Christy Bryant, Support Services Manager, Beverley Lindsey, Executive Secretary II; Fire Chief Ron Harrison; Jonathan Jobe, Director of Development and Engineering Services; Tommy Myers, Director of Public Works; Parks and Recreation Director Patti Petitt; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Kris Miller, IT Director; Ken Webb, Tim Henderson and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry and Gary Farlow with the Chamber of Commerce; Greg Thomas; Corey Divel; Dee Burris; Martha Ledford; City Reporter Randall Higgins; Loye Hamilton; Roger Jenne; Randy and Diana Evans; Bob George; Teresa Torbett; Hal Taylor; School Director Dr. Russell Dyer; Gail Perry with the Chattanoogan.com; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Jimmy Caywood from Westwood Baptist Church, the following business was then entered into: WAIVE READING OF MINUTES Councilman 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 September 26, 2016 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. Councilman 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 not held on October 10, 2016 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. Councilman Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Special Called Session of the City Council held on October 17, 2016 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone 4.81 acres, more or less, described as a portion of a property along Peach Orchard Hill Rd NE (a portion of Tax Map 43 Parcel 36.01) from CG General Commercial to R2 Low Density Single and Multi-Family Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone 1.84 acres, more or less, located at 601 & 607 20th St SE (Tax Map 57M Group A Parcels 38.00 & 38.01) from IH Heavy Industrial to R2 Low Density Single and Multi-Family Zoning District seat. Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 260 REGULAR SESSION OCTOBER 24, 2016 PAGE -2- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning an ordinance to amend the permitted uses and to amended development standards within the area currently zoned PUD1 located on Paul Huff Parkway and Mohawk Dr. Mayor Rowland asked if anyone would like to speak in favor of the approval of the amendment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 7.5 acres located at Freewill Rd and 22nd St NW and a resolution to adopt a Plan of Service (POS) for the annexation area. Mayor Rowland asked if anyone would like to speak in favor of the approval of the annexation and Plan of Service. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition. Ms. Andrea Lockerby, who lives in Cumberland Hills Subdivision stated she was not speaking against the annexation because she supports development but wanted to voice neighborhood concerns as far as a buffer that will include trees for a sound barrier and privacy. Also, to look at drainage control and make sure it is developed in an appropriate manner so they don’t get the stormwater onto their property. They already receive some stormwater from the property and wanted to have something in the minutes and to make sure it’s addressed. Mayor Rowland then declared the public hearing to be closed. Mayor Rowland stated today’s meeting is also being held as a public hearing to hear public comments concerning the zoning of about 7.5 acres located at Freewill Rd and 22nd St NW from the unincorporated county to R1 Single Family Residential Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the approval of the zoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 19.9 acres located at Tasso Ln and North Lee Hwy and a resolution to adopt a Plan of Service (POS) for the annexation area. Mayor Rowland asked if anyone would like to speak in favor of the approval of the annexation and Plan of Service. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning the zoning of about 19.9 acres located at Tasso Ln and North Lee Hwy from the unincorporated county to R2 Low Density Single and Multi- Family Residential Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the approval of the zoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition. No one spoke. Mayor Rowland then declared the public hearing to be closed. Mayor Rowland stated everyone has received a copy of the State Form CT-0253 for the loan agreement in the amount of $7,700,000. No action is necessary. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Resolution No: 2016-93 – Authorizing the application for the Pool’s Property Conservation matching grant program (50/50; city match $5,000). RESOLUTION NO: 2016-93 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE POOL’S “PROPERTY CONSERVATION" MATCHING GRANT PROGRAM p. 261 REGULAR SESSION OCTOBER 24, 2016 PAGE -3- MINUTE BOOK 28 WHEREAS, the citizens of the City of Cleveland have entrusted this administration with the care and custody of city-owned property; and WHEREAS, all efforts shall be made to protect city-owned property from various perils that may arise for the City of Cleveland; and WHEREAS, The Pool seeks to encourage members with property coverage to develop and implement a property conservation program by offering the Property Conservation Matching Grant Program; and WHEREAS, the City of Cleveland desires to participate in this important program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, THAT: The City of Cleveland is hereby authorized to submit an application for Property Conservation Matching Grant Program through the Loss Control Department of The Pool for an award of $5,000. The City agrees that if the award is obtained, matching funds in an amount not to exceed $5,000 will be provided. Adopted this 24th day of October, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-94 – Adopting and approving the THDA Policies and Procedures for the 2016 Home Housing Rehabilitation Project. RESOLUTION NO: 2016-94 A RESOLUTION ADOPTING AND APPROVING THE TENNESSEE HOUSING DEVELOPMENT AGENCY POLICIES AND PROCEDURES FOR THE 2016 HOME HOUSING REHABILITATION PROJECT WHEREAS, Cleveland, Tennessee has received a $375,000 grant for low income housing rehabilitation assistance from the Tennessee Housing Development Authority (THDA) and WHEREAS, THDA requires adoption of policies and procedures for the HOME program; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: The City Council of Cleveland, Tennessee does hereby approve and adopt the policies and procedures for the THDA HOME Housing Rehabilitation Project contingent upon the approval of the policies and procedures by the Tennessee Housing Development Authority (THDA). [on file in the City Clerk’s Office.] /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-99 – Authorizing the Mayor to sign a Notice of Land Use Restriction for Tinsley Park. p. 262 REGULAR SESSION OCTOBER 24, 2016 PAGE -4- MINUTE BOOK 28 RESOLUTION NO. 2016-99 WHEREAS, the City has received the attached Notice of Land Use Restriction for Tinsley Park from the Tennessee Department of Environment and Conservation (TDEC); and WHEREAS, the City Council desires to authorize the Mayor to execute the same on behalf of the City of Cleveland, and the Notice to be recorded in the Register of Deeds office of Bradley County. 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 authorize the Mayor to execute the attached Notice of Land Use Restriction for Tinsley Park [on file in the City Clerk’s Office] on behalf of the City of Cleveland, and the City Council further authorizes the same to be recorded in the Register of Deeds office of Bradley County. This 24th day of October, 2016. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved to approve the Consent Agenda. The motion was seconded by Councilman Cassada; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Johnson stated in the past with annexations the plan of service would state eight years before all the services would be provided. He then asked what is done now. Mr. Jobe stated it is the same. The plan of services in your packet states eight years for sewer service. We try to get it done sooner but state law gives us eight years. Councilman May stated most of this is being done for development. Mr. Jobe stated yes and if the developer wants it done sooner they can pay for it themselves. Councilman McKenzie stated a decision needed to be made on the Moore building that we have purchased. The following statement was read during the Work Session by Councilman Cassada concerning the basketball program. Over the last couple of weeks I’ve had a number of people approach me about the basketball program in the elementary schools. From my understanding over 20 years ago the city elementary schools didn’t have basketball program. Sitting Councilman Johnson was asked by parents to help the city elementary schools. Councilman Johnson did just that and made it happen. Thank you Councilman Johnson. The current program is the best in the region. There’s no other program like this around. Believe me, I’ve asked. Just look back over the years and you’ll see the talent that has came out of the program. The city school has stated their own league and has mandated that all elementary schools to play in the league, which Cleveland High School will oversee. Four out of five of the city elementary wants to stay with the current league, because of the success it’s had over the years. Those teams that have chosen to do so, don’t have a gym to practice or play in now. Whatever happened to school spirit and building a community support around that school? It’s hard for me to understand that the school system administrators along with the principals would turn their backs on those city students, parents and lock those school doors. On my behalf, I’m asking that the school board, along with administrative staff to reconsider their position. p. 263 REGULAR SESSION OCTOBER 24, 2016 PAGE -5- MINUTE BOOK 28 Councilman Cassada moved that the School Board consider and allow times for basketball teams to practice in their school gyms. The motion was seconded by Councilman Johnson; and upon roll call, Councilmen Cassada, Johnson, May, Hughes, Banks and McKenzie voted aye. Councilman Estes voted no. The motion passed 6:1. Councilman Banks recognized Joyanna Love for her many fine articles published in the Cleveland Daily Banner. She has always gone out of her way to attend all meetings and he appreciates her efforts. This is her last meeting and also it’s Ken Webb’s last meeting. We appreciate all his hard work at Cleveland Utilities and making it one of the premier utilities in the southeast. Also, part of our duty is to protect the safety and well-being of the children. Councilman Banks then moved that the Mayor and members of the Cleveland City Council respectfully request that our State Representatives introduce legislation during the next session of the Tennessee State government allowing video recording devices to be installed on stop signs of school buses and further allowing the video recordings from those devices to be used in any Municipal or State court proceedings as evidence of violation of any Municipal ordinance or state statute which prohibits passing a school bus during a time flashing lights and stop sign has been activated. The motion was seconded by Councilman May; and upon roll call, unanimously passed. NEW BUSINESS AND ORDINANCES Councilman May moved to appoint Avery Johnson as Vice Mayor for a two-year term. The motion was seconded by Councilman McKenzie; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ZONING ORDINANCE NO: 2016-34 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from CD General Commercial to R2 Low Density Single and Multi-Family Residential Zoning District. Approximately 4.81 acres, more or less, located on Peach Orchard Hill Rd NE shown on the attached map. Described in the Assessor’s Office for Bradley County, Tennessee as Tax Map 43, a portion of Parcel 36.01. More specifically described as the following: Beginning at the southeast corner of the lands of Makrinakis, as recorded in BCROD deed book 1436 page 96; thence south 64 degrees 2 minutes 55 seconds east, 390.34 feet to the centerline of a creek; thence with the centerline of the creek in a westerly direction 429 feet, more or less, survey tie line south 22 degrees 54 minutes 46 seconds west, 426.41 feet to a point; thence south 82 degrees 24 minutes 36 seconds west, 232.99 feet to a point; thence north 64 degrees 2 minutes 55 seconds west, 186.97 feet to a point; thence north 24 degrees 36 minutes 18 minutes east, 46 degrees to an iron pin; thence north 65 degrees 52 minutes 56 seconds west, 30.72 feet to an iron pin; thence north 25 degrees 57 minutes 5 seconds east, 509.55 feet to the point of beginning. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. p. 264 REGULAR SESSION OCTOBER 24, 2016 PAGE -6- MINUTE BOOK 28 BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman May moved that Zoning Ordinance No: 2016-34 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ZONING ORDINANCE NO: 2016-35 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from IH Heavy Industry to R2 Low Density Single and Multi-Family Residential Zoning District. Approximately 1.84 acres, more or less, located at 601 and 607 20th St SE as shown on the attached map. For reference, see Book 2371 Page 742 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 57M Group A Parcels 38.00 & 38.01 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. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 265 REGULAR SESSION OCTOBER 24, 2016 PAGE -7- MINUTE BOOK 28 Exhibit Councilman Estes moved that Zoning Ordinance No: 2016-35 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2016-36 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO AMEND THE PUD1 ZONING DISTRICT ESTABLISHED BY AN ORDINANCE AS RECORDED IN MINUTE BOOK 22 PAGE 13 FROM CITY COUNCIL REGULAR SESSION OCTOBER 28, 2002, AND RETAINING ALL OTHER FEATURES OF SAID ORDINANCE IN FULL FORCE AND EFFECT. 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 the City zoned certain property as PUD1 in regular session October 28, 2002, which Ordinance is attached hereto and incorporated herein as Exhibit 1, which ordinance contains the PUD1 zoning district and standards and conditions for the development, operation, and maintenance of the property; and WHEREAS, the City adopted resolution 2003-57 which established a development order intended to carry out the provisions of PUD1 and aid in the development of the site; and WHEREAS, at its meeting on September 20, 2016 the Cleveland Municipal Planning Commission recommended additional changes to PUD1 to address the development of public facilities on a portion of the property currently owned by the City of Cleveland, and the City Council desires to approve those changes. NOW THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, IN REGULAR SESSION ASSEMBLED. Section 1: Sections 3 and 7 of the ordinance which established PUD1 are hereby replaced with the following language: p. 266 REGULAR SESSION OCTOBER 24, 2016 PAGE -8- MINUTE BOOK 28 Section 3. Site Plan and Transportation Improvements: a site plan was shown in a drawing entitled “Proposed Landscape Plan The Home Depot Cleveland, TN” prepared by American Engineers, Inc. This plan was presented to the Cleveland Municipal Planning Commission September 24, 2002 and approved subject to City staff comments. The size, location, and configuration of the Home Depot site, parking, driveways, proposed road, parking, buffer area, detention pond, and out parcels shall be substantially the same as contained in the aforementioned site plan. The site plan shall be modified pursuant to the aforementioned comments of the City staff and shall include site engineering necessary for permitting. The site plan shall be modified as required by the City Engineer, whose approval shall not be unreasonably withheld, based upon his review of engineering drawings for the proposed site development, including but not limited to stormwater calculations, drainage systems design, paving details, and materials specifications. An objective of the site design, including the area east of the proposed roadway to South Mouse Creek, shall be the detention and gradual downstream release of water during significant rainfall events for the mitigation of downstream flooding. The on-site and off-site transportation improvements shall be designed and constructed by the Developer in accordance with City standards normally applicable to such improvements including: the proposed connector street from Paul Huff Parkway to Mohawk Drive; the traffic signal on Paul Huff Parkway at the proposed connector road; the widening of Mouse Creek Road to three lanes from Paul Huff Parkway to the project entrance; a left turn lane approximately 50 feet in length for southbound traffic on Mouse Creek Road at the project entrance; a right turn lane approximately 150 feet in length for westbound traffic on Paul Huff Parkway at Mouse Creek Road; a right turn arrow for southbound traffic on Mouse Creek Road at the Paul Huff Parkway intersection; two lanes for exiting vehicles at the site access points at Mouse Creek Road, Mohawk Drive, and the proposed connector road intersection with Paul Huff Parkway; a right turn lane with deceleration area from Paul Huff Parkway onto the proposed connector road; and a right turn lane with deceleration area from Paul Huff Parkway at the proposed right-in/right-out driveway. The Developer is also to construct a public access in the form of an eight-foot wide meandering concrete path traversing the subject property north to south near South Mouse Creek along a course to be determined in cooperation with the City Engineer. Landscaping and buffering described below are also to be incorporated into the development of the site. Unless otherwise provided by this ordinance, site design requirements for the project site including the Home Depot site out parcels are to be as contained in the City’s zoning ordinance as they would apply in the CH-Commercial Highway zoning district. Developments and redevelopments which do not substantially impact the site by more than 20% in quantity of any element of the development (building area, setback, number of parking spaces, etc) may be reviewed and approved by Planning Commission. Any development or redevelopment which does not substantially impact the site by more than 10% may be reviewed and approved by the development and engineering staff without review of the Planning Commission. For any public improvement on publicly owned property or right of way including parking, playgrounds, public restrooms, etc. the improvement by reviewed only by staff notwithstanding the aforementioned paragraph. For such improvements, the building setbacks along Paul Huff Parkway shall be the average of the existing principle structures along the street frontage. For improvements along all other roads the minimum setback on publicly owned property shall be 20’. Section 7. Permitted Uses: the permitted uses for the project site including the Home Depot site and the out parcels are described in terms of the classifications found in the North American Industry Classification System, 1997 edition, hereinafter referred to as “NAICS”. Unless otherwise noted it is the intention of this ordinance to allow all the types of businesses within the level of NAICS classification stated, with two-digit classifications being the most general as to p. 267 REGULAR SESSION OCTOBER 24, 2016 PAGE -9- MINUTE BOOK 28 business type and the six-digit classifications being the most specific as to business type. The broadest NAICS classifications are denoted by two digits and may include many specific types of businesses. In some cases exceptions to the NAICS classification are noted to add to or further restrict the uses that are allowed. These are the uses that are permitted by the PUD1 zoning classification and no other uses are allowed without amendment to this ordinance. The principally permitted uses are as follows: 4413 Automotive Parts, Accessories, and Tire Stores 442 Furniture and Home Furnishings Stores 443 Electronics and Appliance Stores 444 Building Material and Garden Equipment and Supplies Dealers 445 Food and Beverage Stores 446 Health and Personal Care Stores 448 Clothing and Clothing Accessories Stores 451 Sporting Goods, Hobby, Book, and Music Stores 452 General Merchandise Stores 453 Miscellaneous Store Retailers 511 Publishing Industries (excluding manufacturing and warehousing) 512 Motion Picture and Sound Recording Industries (excluding manufacturing and warehousing) 513 Broadcasting and Telecommunications (excluding manufacturing and warehousing) 514 Information Services and Data Processing Services 52 Finance and Insurance 531 Real Estate 532 Rental and Leasing Services (excluding outdoor storage of vehicles and equipment for lease. NOTE: operation of a tool rental center by Home Depot and rental of delivery trucks by Home Depot to their customers are principally permitted uses on the Home Depot site) 54 Professional, Scientific, and Technical Services 55 Management of Companies and Enterprises 561 Administrative Support Services (excluding 561210 Facilities Support Services, 561710Exterminating and Pest Control Services, 561730 Landscaping Services, 561740 Carpet and Upholstery Cleaning Services, 561910 Packaging and Labeling Services. NOTE: this does not exclude the Mailboxes, Etc.-type businesses found in many shopping centers or the sale of landscaping materials or landscape design and installation services by Home Depot) p. 268 REGULAR SESSION OCTOBER 24, 2016 PAGE -10- MINUTE BOOK 28 61 Educational Services 621 Ambulatory Health Care Services 7111 Performing Arts Companies 7139 Other Amusement and Recreation Industries 7221 Full Service Restaurants 7222 Limited Service Eating Places (includes fast-food with or without drive-through) 72232 Caterers 811211Consumer Electronics Repair and Maintenance 811211Computer and Office Machine Repair and Maintenance 811430Footwear and Leather Goods Repair 8121 Personal care Services 81292 Photofinishing 92 Public Administration The City specifically acknowledges that the PUD1 zoning classification permits the operation of a home improvement center similar to other retail stores operated as of the effective date by the Developer under the name “The Home Depot” including without limitation the operation of a tool rental center and outdoor garden center. The PUD1 zoning classification also permits the incidental rental of delivery trucks for customer use by the Home Depot. Conditional use provisions notwithstanding, the PUD1 zoning classification permits as a principally permitted use the Home Depot to carry out its own seasonal sales on the Home Depot site, including but not limited to Christmas trees. Convenience stores with or without gasoline sales and gasoline sales are specifically prohibited on the Home Depot site and the out parcels. In addition, the following uses are specifically prohibited in the PUD1 zoning classification set forth herein. No portion of any out parcel may be leased, used or occupied as or for a funeral parlor, flea market, discotheque, skating rink, bar (a bar being defined for purposes of this PUD1 zoning classification as an establishment offering the sale of alcoholic beverages for consumption on the premises where such sales are not incidental to the sale of food for on-premises consumption in a bona fide fast food restaurant); unsupervised game room or amusement arcade, industrial manufacturing, truck stop, adult bookstore or establishment selling, exhibiting or distributing pornographic or obscene materials, massage parlor, so-called “head shop”, body and fender shop, off-track betting parlor, booths for the sale of fireworks, or sales by transient merchants. Conditional uses may be permitted with conditional use approval of the Cleveland Board of Zoning Appeals in accordance with the conditional use review and approval process in the zoning ordinance. Temporary seasonal uses of the property, such as for the sale of Christmas trees (except for the Home Depot site where such temporary seasonal uses are principally permitted), may be permitted as a conditional use but not within 50 feet of the Paul Huff Parkway right-of-way. Special events, excluding vehicle sales, flea markets, and sales of used merchandise may be permitted as a conditional use but not within 50 feet of the Paul Huff Parkway right-of way. Taxi stands, bus shelters, benches, picnic shelters, playground equipment, p. 269 REGULAR SESSION OCTOBER 24, 2016 PAGE -11- MINUTE BOOK 28 and similar amenities may be permitted as a conditional use. Only those conditional uses described herein may be permitted. Public restrooms, greenways, parks, playgrounds and the like are expressly permitted within the boundaries of PUD1. Section 2: This Ordinance shall take effect on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Johnson moved that Ordinance No: 2016-36 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-95 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT FREEWILL RD and 22nd ST NW 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 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 October 24, 2016 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 an iron pin located at the northern corner of the Virginia Shealy Property plat, as recorded in BRCROD plat book 26 page 45; thence in a southerly direction following the eastern line of the lands of Shealy, said line also being the western right of way of Freewill Road, 599.76 feet to an iron pin located at the southern corner of lot 2 of the Shealy Property plat; thence continuing with the western right of way of Freewill Road along a right handed curve south 4 degrees 5 minutes 50 seconds east L=131.65’ R=2167.03’ c=131.63’ to a point; thence south 2 degrees 21 minutes 25 seconds east, 202.62 feet to an iron pin, point also being the northeast corner of the intersection of Freewill Road and 22nd Street; thence crossing 22nd Street in a southeasterly direction 50 feet, more or less, to an iron pin located at the southwestern corner of the intersection of Freewill Road and 22nd Street; thence south 5 degrees 7 minutes 8 seconds east, 142.47 feet to a point, thence south 8 degrees 38 minutes 40 seconds east, 55.57 feet to an iron pin, said pin being the northeast corner of the lands of Donald Clayton, as recorded in BCROD deed book 1122 page 910; thence leaving the right of way of Freewill Road and p. 270 REGULAR SESSION OCTOBER 24, 2016 PAGE -12- MINUTE BOOK 28 following the northern line of the lands of Clayton north 69 degrees 17 minutes 18 seconds west, 624.86 feet to an iron pin; thence north 7 degrees 39 minutes 0 seconds west, 179.94 feet to an iron pin; thence crossing 22nd Street north 24 degrees 14 minutes 31 seconds east, 50 feet, more or less to a point in the northern right of way of 22nd Street; thence in a south easterly direction following the northern right of way of 22nd Street 138 feet, more or less, to an iron pin located at the southeast corner lot 34 of Cumberland Hills, as recorded in BCROD deed book 1010 page 434; thence north 24 degrees 14 minutes 31 seconds east, 367.57 feet to an iron pin; thence north 24 degrees 14 minutes 31 seconds east, 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. 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. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk SEPTEMBER 15, 2016 FREEWILL RD & 22nd ST NW ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 7.5 acres located at Freewill Rd and 22nd St NW 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 2016. 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. p. 271 REGULAR SESSION OCTOBER 24, 2016 PAGE -13- MINUTE BOOK 28 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 ordinance. 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. Freewill Rd and 22nd St NW Legal Description Beginning at an iron pin located at the northern corner of the Virginia Shealy Property plat, as recorded in BRCROD plat book 26 page 45; thence in a southerly direction following the eastern line of the lands of Shealy, said line also being the western right of way of Freewill Road, 599.76 feet to an iron pin located at the southern corner of lot 2 of the Shealy Property plat; thence continuing with the western right of way of Freewill Road along a right handed curve south 4 degrees 5 minutes 50 seconds east L=131.65’ R=2167.03’ c=131.63’ to a point; thence south 2 degrees 21 minutes 25 seconds east, 202.62 feet to an iron pin, point also being the northeast corner of the intersection of Freewill Road and 22nd Street; thence crossing 22nd Street in a southeasterly direction 50 feet, more or less, to an iron pin located at the southwestern corner of the intersection of Freewill Road and 22nd Street; thence south 5 degrees 7 minutes 8 seconds east, 142.47 feet to a point, thence south 8 degrees 38 minutes 40 seconds east, 55.57 feet to an iron pin, said pin being the northeast corner of the lands of Donald Clayton, as recorded in BCROD deed book 1122 page 910; thence leaving the right of way of Freewill Road and following the northern line of the lands of Clayton north 69 degrees 17 minutes 18 seconds west, 624.86 feet to an iron pin; thence north 7 degrees 39 minutes 0 seconds west, 179.94 feet to an iron pin; thence crossing 22nd Street north 24 degrees 14 minutes 31 seconds east, 50 feet, more or less to a point in the northern right of way of 22nd Street; thence in a south easterly direction following the northern right of way of 22nd Street 138 feet, more or less, to an iron pin located at the southeast corner lot 34 of Cumberland Hills, as recorded in BCROD deed book 1010 page 434; thence north 24 degrees 14 minutes 31 seconds east, 367.57 feet to an iron pin; thence north 24 degrees 14 minutes 31 seconds east, to the point of beginning. p. 272 REGULAR SESSION OCTOBER 24, 2016 PAGE -14- MINUTE BOOK 28 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. There is no additional cost expected from this annexation. 2. Fire Protection This annexation would be serviced immediately by CFD Engine Five with an approximate four minute response time. It will be serviced from Station Five on Freewill Rd. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water is available to the parcels along Freewill Road. B. Sanitary Sewer--- Sanitary sewer facilities will need to be extended to serve the parcels along Freewill Road to 22nd Street. To provide sanitary sewer facilities, it is estimated to cost $70,000 and can be completed within eight (8) years after annexation. C. Fire Hydrants--- To provide fire protection to the Freewill Road at 22nd Street Annexation Area, an 8-Inch Water Main must be extended along Freewill Road from Cumberland Hill Circle to 22nd Street. It is estimated to cost $50,000 and would be available in eight (8) years. SUMMARY OF COSTS Water Sanitary Sewer Total Freewill Road at 22nd Street Annexation Area $50,000 $70,000 $120,000 4. Electric Service State law states that Cleveland utilities must pay VEC 25% of the revenues for residential customers for a period of 10 years. It is estimated that this would average $50 per customer per month. For the two customers, that would be $1,200.00 per year for 10 years for a total of $12,000.00. Any facilities to be purchased from Volunteer are negligible. The cost of new electric facilities needed to service this area is estimated to be $55,000.00. 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 p. 273 REGULAR SESSION OCTOBER 24, 2016 PAGE -15- MINUTE BOOK 28 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. 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 No major drainage problems were identified in these areas. 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 The annexation of this area would have minimal impact on the school system. 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 zoned FAR Forestry/Agricultural/Residential in the unincorporated County. It is recommended all of the properties be zoned R1 Single Family Residential as its post-annexation zoning. p. 274 REGULAR SESSION OCTOBER 24, 2016 PAGE -16- MINUTE BOOK 28 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. The area to the north which is adjoining lots 36-39 of Cumberland Hills Subdivision have been platted in Bradley County and are recorded in Plat Book 26 Page 45. The applicant has specifically requested we honor the 15’ rear setback in this area given the irregular lot shape. 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. 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 will add approximately 5 residents to the 3rd City Council District as it is currently used. Revenue The current total appraised property value for this area is about $187,900. The total assessed value is $46,975. The property tax generated from this area would be about $829.34 a year. With 2 residential homes and approximately 2.5 residents per structure the annexation would add an additional 5 residents. The current state shared appropriation is $115.75 per resident which would result in approximately $578.75 a year. The monthly stormwater utility fee for this property will be approximately $1.63 per home per month which results in $39.12 per year. The approximate revenue generated as a result of this annexation at the time of annexation would be about $1,447.21. p. 275 REGULAR SESSION OCTOBER 24, 2016 PAGE -17- MINUTE BOOK 28 This revenue is expected to increase significantly as the site could accommodate approximately 24 additional residential units. Councilman Cassada moved that Resolution No: 2016-95 be approved as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-96 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 FREEWILL RD AND 22nd ST NW 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 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 October 24, 2016. 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 an iron pin located at the northern corner of the Virginia Shealy Property plat, as recorded in BRCROD plat book 26 page 45; thence in a southerly direction following the eastern line of the lands of Shealy, said line also being the western right of way of Freewill Road, 599.76 feet to an iron pin located at the southern corner of lot 2 of the Shealy Property plat; thence continuing with the western right of way of Freewill Road along a right handed curve south 4 degrees 5 minutes 50 seconds east L=131.65’ R=2167.03’ c=131.63’ to a point; thence south 2 p. 276 REGULAR SESSION OCTOBER 24, 2016 PAGE -18- MINUTE BOOK 28 degrees 21 minutes 25 seconds east, 202.62 feet to an iron pin, point also being the northeast corner of the intersection of Freewill Road and 22nd Street; thence crossing 22nd Street in a southeasterly direction 50 feet, more or less, to an iron pin located at the southwestern corner of the intersection of Freewill Road and 22nd Street; thence south 5 degrees 7 minutes 8 seconds east, 142.47 feet to a point, thence south 8 degrees 38 minutes 40 seconds east, 55.57 feet to an iron pin, said pin being the northeast corner of the lands of Donald Clayton, as recorded in BCROD deed book 1122 page 910; thence leaving the right of way of Freewill Road and following the northern line of the lands of Clayton north 69 degrees 17 minutes 18 seconds west, 624.86 feet to an iron pin; thence north 7 degrees 39 minutes 0 seconds west, 179.94 feet to an iron pin; thence crossing 22nd Street north 24 degrees 14 minutes 31 seconds east, 50 feet, more or less to a point in the northern right of way of 22nd Street; thence in a south easterly direction following the northern right of way of 22nd Street 138 feet, more or less, to an iron pin located at the southeast corner lot 34 of Cumberland Hills, as recorded in BCROD deed book 1010 page 434; thence north 24 degrees 14 minutes 31 seconds east, 367.57 feet to an iron pin; thence north 24 degrees 14 minutes 31 seconds east, 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. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning the aforementioned property within the City of Cleveland. [Plan of Service on file in the City Clerk’s Office.] /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Resolution No: 2016-96 be approved as presented. The motion was seconded by Councilman Banks. Councilman Estes asked if there was a buffering plan. Mr. Jobe stated they haven’t submitted a site plan yet but if it’s R1 our ordinance doesn’t require one. We can’t require a conditional annexation but believes the developer is willing to put that in but we cannot require buffer. The drainage will be addressed and if there is water, they will have to retain it. Upon roll call the motion unanimously passed. The following Zoning Ordinance was presented in full: ZONING ORDINANCE NO: 2016-37 AN ORDINANCE TO ZONE THE “FREEWILL RD and 22nd ST NW AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE p. 277 REGULAR SESSION OCTOBER 24, 2016 PAGE -19- MINUTE BOOK 28 WHEREAS, a public hearing before this body was held on the 24th day of October, 2016 a notice thereof published in the Cleveland Daily Banner on September 25, 2016 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2016-95; and, WHEREAS, this property was annexed by Resolution No: 2016-96; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, zoned from FAR Forestry/Agricultural/Residential within the unincorporated County to R1 Single Family Residential Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and exhibit “B” shall be zoned in accordance with the zoning plan described in Exhibit “C”, attached hereto and made a part hereof by reference, upon the effective date of this ordinance. Section 3. Be it further ordained that this Ordinance shall take effect immediately on final reading the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B p. 278 REGULAR SESSION OCTOBER 24, 2016 PAGE -20- MINUTE BOOK 28 Exhibit C Beginning at an iron pin located at the northern corner of the Virginia Shealy Property plat, as recorded in BRCROD plat book 26 page 45; thence in a southerly direction following the eastern line of the lands of Shealy, said line also being the western right of way of Freewill Road, 599.76 feet to an iron pin located at the southern corner of lot 2 of the Shealy Property plat; thence continuing with the western right of way of Freewill Road along a right handed curve south 4 degrees 5 minutes 50 seconds east L=131.65’ R=2167.03’ c=131.63’ to a point; thence south 2 degrees 21 minutes 25 seconds east, 202.62 feet to an iron pin, point also being the northeast corner of the intersection of Freewill Road and 22nd Street; thence crossing 22nd Street in a southeasterly direction 50 feet, more or less, to an iron pin located at the southwestern corner of the intersection of Freewill Road and 22nd Street; thence south 5 degrees 7 minutes 8 seconds east, 142.47 feet to a point, thence south 8 degrees 38 minutes 40 seconds east, 55.57 feet to an iron pin, said pin being the northeast corner of the lands of Donald Clayton, as recorded in BCROD deed book 1122 page 910; thence leaving the right of way of Freewill Road and following the northern line of the lands of Clayton north 69 degrees 17 minutes 18 seconds west, 624.86 feet to an iron pin; thence north 7 degrees 39 minutes 0 seconds west, 179.94 feet to an iron pin; thence crossing 22nd Street north 24 degrees 14 minutes 31 seconds east, 50 feet, more or less to a point in the northern right of way of 22nd Street; thence in a south easterly direction following the northern right of way of 22nd Street 138 feet, more or less, to an iron pin located at the southeast corner lot 34 of Cumberland Hills, as recorded in BCROD deed book 1010 page 434; thence north 24 degrees 14 minutes 31 seconds east, 367.57 feet to an iron pin; thence north 24 degrees 14 minutes 31 seconds east, to the point of beginning. Councilman May moved that Zoning Ordinance No: 2016-37 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 279 REGULAR SESSION OCTOBER 24, 2016 PAGE -21- MINUTE BOOK 28 The following Resolution was then presented in full: RESOLUTION NO: 2016-97 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT TASSO LN- NORTH LEE HWY 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 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 October 24, 2016 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 an iron pin located at the southwest corner of the lands of John Holden, as recorded in BCROD deed book 1860 page 516, said point being located in the existing city limits; thence with the existing city limits south 35 degrees 26 minutes 2 seconds west, 812 feet, more or less, to an iron pin located on the southwest corner of the lands of Paragon Properties LLC, as recorded in BCROD deed book 1605 page 894; thence crossing the right of way of Tasso in a southerly direction with the same bearing 50 feet, more or less, to the southern right of way of Tasso Lane, said point being a corner of the existing city limits; thence in an easterly dire4ction with the southern right of way of Tasso Lane, which is also the existing city limits, 470 feet, more or less, to an iron pin located at the northwest corner of the lands of Bradley County, as recorded in BCROD deed book 1816 page 966, thence north 66 degrees 43 minutes 57 seconds west, 134.84 feet to an iron pin; thence leaving the existing city limits and crossing the right of way of Tasso Lane north 23 degrees 31 minutes 57 seconds east, 50 feet, more or less, to a point in the northern right of way of Tasso Lane; thence following the northern right of way of Tasso Lane in an easterly direction 523 feet, more or less to an iron pin located at the southwest corner of the land of Eldredge, as recorded in BCROD deed book 397 page 364; thence north 29 degrees 34 minutes 20 seconds east, 1049.51 feet to an iron pin; thence north 55 degrees 17 minutes 13 seconds west, 647.67 feet to an iron pin; thence south 35 degrees 26 minutes 2 seconds west, 423 feet, more or less, to an iron pin, said point being the southeast corner of the land of Holden; thence with the southern line of the lands of Holden in a northwesterly direction 213 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. 280 REGULAR SESSION OCTOBER 24, 2016 PAGE -22- MINUTE BOOK 28 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. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk SEPTEMBER 15, 2016 TASSO LN-NORTH LEE HIGHWAY ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 19.91 acres located at Tasso Ln off of North Lee Highway 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 2016. 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 ordinance. 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. 281 REGULAR SESSION OCTOBER 24, 2016 PAGE -23- MINUTE BOOK 28 Tasso Ln at North Lee Highway Legal Description Beginning at an iron pin located at the southwest corner of the lands of John Holden, as recorded in BCROD deed book 1860 page 516, said point being located in the existing city limits; thence with the existing city limits south 35 degrees 26 minutes 2 seconds west, 812 feet, more or less, to an iron pin located on the southwest corner of the lands of Paragon Properties LLC, as recorded in BCROD deed book 1605 page 894; thence crossing the right of way of Tasso in a southerly direction with the same bearing 50 feet, more or less, to the southern right of way of Tasso Lane, said point being a corner of the existing city limits; thence in an easterly dire4ction with the southern right of way of Tasso Lane, which is also the existing city limits, 470 feet, more or less, to an iron pin located at the northwest corner of the lands of Bradley County, as recorded in BCROD deed book 1816 page 966, thence north 66 degrees 43 minutes 57 seconds west, 134.84 feet to an iron pin; thence leaving the existing city limits and crossing the right of way of Tasso Lane north 23 degrees 31 minutes 57 seconds east, 50 feet, more or less, to a point in the northern right of way of Tasso Lane; thence following the northern right of way of Tasso Lane in an easterly direction 523 feet, more or less to an iron pin located at the southwest corner of the land of Eldredge, as recorded in BCROD deed book 397 page 364; thence north 29 degrees 34 minutes 20 seconds east, 1049.51 feet to an iron pin; thence north 55 degrees 17 minutes 13 seconds west, 647.67 feet to an iron pin; thence south 35 degrees 26 minutes 2 seconds west, 423 feet, more or less, to an iron pin, said point being the southeast corner of the land of Holden; thence with the southern line of the lands of Holden in a northwesterly direction 213 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. There is no additional cost expected from this annexation. 2. Fire Protection This annexation would be serviced immediately by CFD Engine Two with no additional costs. p. 282 REGULAR SESSION OCTOBER 24, 2016 PAGE -24- MINUTE BOOK 28 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants The proposed annexation area is currently served by Cleveland Utilities water and sewer system. No improvements will be necessary as a result of annexing this property. 4. Electric Service Electricity will be provided pursuant to the Franchise Agreement between Cleveland Utilities and Volunteer Energy Cooperative. 5. Public Works C. 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. D. 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. 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. e. 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 No major drainage problems were identified in these areas. 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. p. 283 REGULAR SESSION OCTOBER 24, 2016 PAGE -25- MINUTE BOOK 28 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 The annexation of this area would have moderate impact on Mayfield Elementary School. 7. Planning and Zoning D. 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. E. This property is currently zoned FAR Forestry/Agricultural/Residential in the unincorporated County. It is recommended all of the properties be zoned R2 Low Density Single and Multi-Family Residential as its post-annexation zoning. F. 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. 9. Voting Rights and City Elections D. 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. p. 284 REGULAR SESSION OCTOBER 24, 2016 PAGE -26- MINUTE BOOK 28 E. 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. F. This annexation will add approximately 5 residents to the 5th City Council District as it is currently used. Revenue The approximate property value for this area is about $334,938. This would result in a total assessed value is $83,734. The property tax generated from this area would be about $1,478.33 a year. The area is currently vacant and would not add any additional residents. In addition, there would be no stormwater fee associated with this property. The approximate revenue generated as a result of this annexation at the time of annexation would be about $1,478.33. This amount is expected to increase significantly if it developed as expected as it could accommodate well over 75 residential lots. Councilman May moved that Resolution No: 2016-97 be approved as presented. The motion was seconded by Councilman Hughes. Councilman Banks asked how many homes are projected for this area. Mr. Jobe stated 250 or more but many of them are townhomes. Councilman Banks stated 19,781 tax notices went out with a tax levy of $19,629,508. The total value amount of property in the city limits is $3,604,983,534. Anytime we can annex 19 acres to build 250 houses we’ll increase the tax base. Mr. Jobe stated we also have another annexation request that could have up to 400 homes. Councilman Banks stated with that will come additional work for the Department Heads. Councilman Estes stated the intersection at Old Tasso should be a part of the plan of service and really take a look. Councilman Banks stated we annex this to build these homes and the County benefits from it as well. When we asked that they forgo the tax on personal property taxes on the airplanes at the Jetport for four or five years they said no. There is something unfair about it. Upon roll call the motion was unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-98 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 TASSO LN-NORTH LEE HWY 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 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 p. 285 REGULAR SESSION OCTOBER 24, 2016 PAGE -27- MINUTE BOOK 28 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 October 24, 2016. 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 an iron pin located at the southwest corner of the lands of John Holden, as recorded in BCROD deed book 1860 page 516, said point being located in the existing city limits; thence with the existing city limits south 35 degrees 26 minutes 2 seconds west, 812 feet, more or less, to an iron pin located on the southwest corner of the lands of Paragon Properties LLC, as recorded in BCROD deed book 1605 page 894; thence crossing the right of way of Tasso in a southerly direction with the same bearing 50 feet, more or less, to the southern right of way of Tasso Lane, said point being a corner of the existing city limits; thence in an easterly dire4ction with the southern right of way of Tasso Lane, which is also the existing city limits, 470 feet, more or less, to an iron pin located at the northwest corner of the lands of Bradley County, as recorded in BCROD deed book 1816 page 966, thence north 66 degrees 43 minutes 57 seconds west, 134.84 feet to an iron pin; thence leaving the existing city limits and crossing the right of way of Tasso Lane north 23 degrees 31 minutes 57 seconds east, 50 feet, more or less, to a point in the northern right of way of Tasso Lane; thence following the northern right of way of Tasso Lane in an easterly direction 523 feet, more or less to an iron pin located at the southwest corner of the land of Eldredge, as recorded in BCROD deed book 397 page 364; thence north 29 degrees 34 minutes 20 seconds east, 1049.51 feet to an iron pin; thence north 55 degrees 17 minutes 13 seconds west, 647.67 feet to an iron pin; thence south 35 degrees 26 minutes 2 seconds west, 423 feet, more or less, to an iron pin, said point being the southeast corner of the land of Holden; thence with the southern line of the lands of Holden in a northwesterly direction 213 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. 286 REGULAR SESSION OCTOBER 24, 2016 PAGE -28- MINUTE BOOK 28 EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning the aforementioned property within the City of Cleveland. [Plan of Service is on file in the City Clerk’s Office.] /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2016-98 be approved as presented. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: ZONING ORDINANCE NO: 2016-38 AN ORDINANCE TO ZONE THE “TASSO LN and NORTH LE HWYANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 24th day of October, 2016 a notice thereof published in the Cleveland Daily Banner on September 25, 2016 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2016-97; and, WHEREAS, this property was annexed by Resolution No: 2016-98; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, zoned from FAR Forestry/Agricultural/Residential within the unincorporated County to R2 Low Density Single and Multi-Family Residential Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and exhibit “B” shall be zoned in accordance with the zoning plan described in Exhibit “C”, attached hereto and made a part hereof by reference, upon the effective date of this ordinance. Section 3. Be it further ordained that this Ordinance shall take effect immediately on final reading the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 287 REGULAR SESSION OCTOBER 24, 2016 PAGE -29- MINUTE BOOK 28 Exhibit A Exhibit B Exhibit C Beginning at an iron pin located at the southwest corner of the lands of John Holden, as recorded in BCROD deed book 1860 page 516, said point being located in the existing city limits; thence with the existing city limits south 35 degrees 26 minutes 2 seconds west, 812 feet, more or less, to an iron pin located on the southwest corner of the lands of Paragon Properties LLC, as recorded in BCROD deed book 1605 page 894; thence crossing the right of way of Tasso in a southerly direction with the same bearing 50 feet, more or less, to the southern right of way of Tasso Lane, said point being a corner of the existing city limits; thence in an easterly dire4ction with the southern right of way of Tasso Lane, which is also the existing city limits, 470 feet, more or less, to an iron pin located at the northwest corner of the lands of Bradley County, as recorded in BCROD deed book 1816 page 966, thence north 66 degrees 43 minutes 57 seconds west, 134.84 feet to an iron pin; thence leaving the existing city limits and crossing the right of p. 288 REGULAR SESSION OCTOBER 24, 2016 PAGE -30- MINUTE BOOK 28 way of Tasso Lane north 23 degrees 31 minutes 57 seconds east, 50 feet, more or less, to a point in the northern right of way of Tasso Lane; thence following the northern right of way of Tasso Lane in an easterly direction 523 feet, more or less to an iron pin located at the southwest corner of the land of Eldredge, as recorded in BCROD deed book 397 page 364; thence north 29 degrees 34 minutes 20 seconds east, 1049.51 feet to an iron pin; thence north 55 degrees 17 minutes 13 seconds west, 647.67 feet to an iron pin; thence south 35 degrees 26 minutes 2 seconds west, 423 feet, more or less, to an iron pin, said point being the southeast corner of the land of Holden; thence with the southern line of the lands of Holden in a northwesterly direction 213 feet, more or less, to the point of beginning. Councilman May moved the Zoning Ordinance No:2016-38 be voted for passage on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Martha Ledford addressed the Council about her concerns walking to Big Lots along Georgetown Road from Green Drive to Peerless Road. Now that she is on a walker, there is no shoulder and the intersection to cross over. 25th Street is wide but there is no way to crossover. Mayor Rowland stated we do have requests through MPO to fund sidewalks and we are attempting to get sidewalks in critical areas. There being no future business the meeting was adjourned at 3:33 p.m. _________________________________ ______________________________ Mayor City Clerk