Cleveland City Council

p. 305 REGULAR SESSION JANUARY 23, 2017 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, JANUARY 23, 2017 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 Vice Mayor Avery Johnson, Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; 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; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Kris Miller, IT Director; Brian Moran; Social Media Coordinator; Tim Henderson with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry and Gary Farlow with the Chamber of Commerce; City Reporter Randall Higgins; Teresa Torbett; Hal Taylor; School Board Members Dawn Robinson and Charlie Cogdill; Keith Barrett with Pinnacle Bank; Sherry Brown; Dennis and Rhee Epperson; Cathy Barrett; Cameron Fisher; Kay Horner with Awakening America Alliance; Floyd Chastain; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Kay Horner, the following business was then entered into: Councilman Hughes left the meeting. WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on January 9, 2017 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. Councilman Hughes re-entered the meeting. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland stated today we are swearing-in three new Police Officers to the Cleveland Police Department. He stated officers sometimes can be the first line of greeting someone in our community and you never get a second chance at a first impression. He reminded each officer that he, as well as the City Council and department managers support the police officers and wished them well and safety. Mayor Rowland then administered the Oath of Office to Police Officers Dustin Lawson, Bradley Colbaugh and Nicholas Payne and welcomed them to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background of their qualifications and welcomed them to the department. Mayor Rowland then stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 20.5 acres located on 22nd Street NW and New Murraytown Road NW and a resolution to adopt a Plan of Service for the annexation area. Mayor Rowland asked if anyone would like to speak in favor of the annexation and Plan of Service. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition to the annexation and Plan of Service. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 306 REGULAR SESSION JANUARY 23, 2017 PAGE -2- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is also being held as a public hearing to public comments concerning the zoning of about 18.28 acres located on 22nd Street NW and New Murraytown Road 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 zoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the zoning. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated we have received another letter from Dee Burris concerning the sewer connection at 11th Street and Craigmiles Street stating if in the event annexation into the City of Cleveland is possible they would not be opposed. Mr. Jobe stated we could annex part of the road and then the property but we’ll take it back to the Planning Commission for review. Hopefully the owners will contact the neighbors about annexation to bring those parcels in as well. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda. • Resolution No: 2017-01 – Authorizing the Mayor to sign a contract with Terra Running Company for event management for the Cleveland Recycles 5K. RESOLUTION NO. 2017-01 WHEREAS, the City has received the attached proposal and agreement from Terra Running Company for event management and timing for the 2017 Cleveland Recycles 5K to be held on May 27, 2017; and WHEREAS, the City Council has reviewed the proposal and agreement and now desires to accept the proposal and to enter into the attached agreement with Terra Running Company, 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 accept the proposal and approve of the attached agreement with Terra Running Company, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 22nd day of January, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-02 – Authorizing the annual payment of $2,000 to the Chattanooga Regional Planning Agency for supplying the Green Trips program to the Cleveland Chattanooga Commute Hub project. RESOLUTION NO: 2017-02 WHEREAS, the City of Cleveland has been awarded Congestion Mitigation Air Quality Maintenance (CMAQ) grant funds to develop a project know as the “Cleveland-Chattanooga Commute Hub to serve area commuters to Chattanooga, to provide air quality benefits to the Chattanooga area, and to support the redevelopment of the Old Woolen Mill, a key downtown Cleveland resource; and p. 307 REGULAR SESSION JANUARY 23, 2017 PAGE -3- MINUTE BOOK 28 WHEREAS, Cleveland Chattanooga Commute Hub project description relies upon support from the Chattanooga Green Trips program, a ride-sharing data base and user incentives program administered by the Chattanooga Regional Planning Agency (RPA); and WHEREAS, the Chattanooga RPA has requested two-thousand dollars annually to support its costs in providing the Green Trips program to support the Cleveland Chattanooga Commute Hub 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 annual payment of $2,000 to the Chattanooga RPA for supplying the Green Trips program to the Cleveland Chattanooga Commute Hub project, and it authorizes the Mayor to sign any documents necessary to carry out this proposed acquisition of Green Trips services. This 23rd day of January, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-05 – Authorizing the Mayor to sign a grant application to TDOT for the 2017 SRTS Mini Grant Program in the amount of $5,000 for Blythe Bower Elementary School. RESOLUTION NO: 2017-05 WHEREAS, the Safe Routes to School Program (SRTS) Program was established in August 2005 as part of the federal transportation reauthorization legislation and provides funding for the State Department of Transportation to create and administer SRTS programs for the benefit of primary and middle school children; WHEREAS, the 2017 SRTS Program will provide Mini Grants to provide assistance to schools and community groups to offer organized initiatives that support physical activity, education and encouragement for walking and biking to school safely; WHEREAS, the Cleveland City Schools have selected Blythe Bower Elementary School to submit an application which will outline their specific intentions to address safety, physical activity and healthy initiatives to promote and facilitate walking and/or bicycling to and from school; WHEREAS, the City of Cleveland will submit said application on behalf of Blythe Bower Elementary School; BE IT THEREFORE RESOLVED by the City Council that the Mayor be and hereby is authorized to submit a grant application, including all the understandings and assurances contained herein, to Tennessee Department of Transportation for the 2017 SRTS Mini Grant Program funding in the amount of $5,000 for Blythe Bower Elementary School. If said grant is approved, the Mayor is hereby authorized to accept (on behalf of the City of Cleveland) said grant and the Mayor is hereby designated as Cleveland’s representative to act in connection with the application and to provide additional information as may be required. BE IT FURTHER RESOLVED that if the City is awarded the grant, that the Mayor is further authorized to sign all documents and to take any other action on behalf of the City that may be necessary or appropriate for the City to accept this grant. p. 308 REGULAR SESSION JANUARY 23, 2017 PAGE -4- MINUTE BOOK 28 Adopted this 23rd day of January, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Banks encouraged everyone to attend the Red Clay event at the Museum Center tomorrow, January 24. He then asked City Manager Joe Fivas to explain a bit about the community meetings. Mr. Fivas stated there will be six meetings, one in each district and then a general forum. Everyone is welcome to attend. Some Department Heads will be in attendance to answer any possible questions. We will update everyone on what is going on in the community, priorities in their neighborhoods and what they would like to see. Councilman McKenzie asked for an update on 933 Harle Avenue. Chief Building Official Bryan Turner stated they are making progress. Councilman Estes inquired about 70/80 Church Street and if the permit had been acquired. Mr. Turner stated the permit was not obtained by his deadline. He has been contacted and the contractor should pick it up today. Councilman Estes thanked staff for the updates on Joe V. Williams on each of his properties and request reports every two weeks to be in the packet. He continued to follow up on sidewalks as discussed earlier, he is not aware of who to ask city staff to look at changing the City Code, so possible look at in the future. Mr. Jobe stated that would be in the subdivision regulations and Planning Commission would have to review first. Councilman Estes we could follow up in two weeks to discuss to see if everyone would like to do it. He then stated Lee University hired a new basketball coach last year and a new soccer coach today and a press conference was held today. He was impressed with the coaches engaging the community and the importance of the they have in the community and the quality of people they are bringing in is astounding at what Cleveland it getting. There are so many good things happening and good people caring for our children. He is getting positive comments from the community about Lee University, what we are doing in the community and about the new City Manager. It is encouraging. Councilman Hughes stated the new Raider Arena had 3,500 attending the basketball game. Councilman Estes stated yes and 3,000 for the wrestling match. That is an example of an investment that was very expensive that pays dividends; no different than the Cherokee Hotel, sidewalks, redeveloping downtown. We invest in the community and it comes back to us. Councilman Cassada congratulated the newly hired police officers and hopes to add more down the road to strengthen our police force, as well as firefighters to relieve the Fire Department strain they feel as well. He then thanked Chief Gibson and Chief Harrison for all they do for the community. He then inquired about Hwy 60. Mr. Jobe stated nothing new since the last update. Once TDOT is ready, they will hold a public hearing in the area. Councilman Cassada stated he would like to thank Governor Haslam, Senator Bell and TDOT Transportation Director for their support of the project and all the work TDOT is doing for our community. He finished by asking if it was possible to do a study for Exit 23 at Harrison Pike. He is aware there has been discussion before but he’d like it to be revisited. Mayor Rowland stated twenty-five years ago we started the Prospect interchange with semi-approval but there is a cemetery in the area and last he heard, years ago, it would have to be reduced in size and some discussion to move it further north a bit. Councilman Cassada stated it would be a good gateway for Cleveland. Ms. Carroll stated there are some issues due to Prospect Elementary School being too p. 309 REGULAR SESSION JANUARY 23, 2017 PAGE -5- MINUTE BOOK 28 close to the interchange but we have some information that can be provided. Mr. Fivas stated we will get together information we have and have options on how a study could move forward. Mr. Jobe stated the study should qualify to use MPO funds but it would have to be added to the TIP. Councilman May stated we had a lengthy discussion earlier about downtown and now Mr. Williams who knew he was to pick up his permit before today’s meeting and he has not. The projects look the same as they did three to four weeks ago. Mr. Turner stated 633 North Ocoee Street we are waiting to issue a permit. Drawings have been reviewed but not stamped, still waiting on the structural engineer. He does have an architect on this project but no permit. On 50 1st Street, the process was started in April of last year and it can only be boarded up for up to a year waiting on repairs. In order for him to have any amount of work prior to April we would need submittals quickly. It has been discussed with him and he is using the same architects on all projects. Councilman Estes asked if there was a time clock on the drawings for the 633 North Ocoee stabilization. Mr. Turner stated yes and no. He has already started the process and at some point his application will go dormant. He feels we are close to obtaining drawings. Since it is over 5,000 square feet it will have to be blessed by a structural engineer. Councilman Estes stated he didn’t want it to be an open window. Councilman May stated that is also his concern and the next thing you know it has been a year. Mr. Fivas stated in March or April something will have to be done and if they don’t then that opens the door for the next process. Councilman Estes asked that every two weeks the memos list the next hard date. Receiving the memos on these properties every meeting is helpful. Councilman Banks expressed sympathy to Forrest Preston and family on the passing of Kathleen Preston. The Preston Family have been an example of what can be accomplished by citizens when they have pride in their community, pride in their properties by maintaining and landscaping them and provide jobs and build buildings and increase tax benefits for our citizens. Kathleen Preston will be missed. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION NO: 2017-03 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT 22nd St/New Murraytown Rd 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 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 January 23, 2017 at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: p. 310 REGULAR SESSION JANUARY 23, 2017 PAGE -6- MINUTE BOOK 28 Beginning at an iron pin located at the southwest corner of the land of Epperson Homes LLC, as recorded in BCROD deed book 2415 page 637, said corner also being the north west corner of the lands of Green Planet Servicing LLC, as recorded in BCROD deed book 2241 page 424; thence north 24 degrees 1 minute 36 seconds east, 796.67 feet to an iron pin; thence south 63 degrees 9 minutes 51 seconds east, 122.74 feet to an iron pin; thence north 23 degrees 34 minutes 3 seconds east, 502.65 feet to an iron pin; thence south 64 degrees 3 minutes 2 seconds east, 348.93 feet to a metal post; thence south 69 degrees 37 minutes 15 seconds east, 286.74 feet to an iron pin; thence north 20 degrees 22 minutes 45 seconds east, 230.48 feet to an iron pin; thence north 62 degrees 43 minutes 56 seconds west, 65.84 feet to an iron pin; thence north 23 degrees 46 minutes 34 seconds east, 196.88 feet to an iron pin; thence crossing 22nd Street with the previous bearings and distances 50 feet, more or less, to a point in the northern right of way of 22nd Street, said point also being located in the existing City Limits; thence with the northern right of way of 22nd Street and the existing City Limits in an easterly direction 1268 feet, more or less, to a corner in the existing City Limits; thence crossing 22nd Street in a southerly direction with the existing City Limits, 50 feet, more or less, to a point in the southern right of way of 22nd Street, said point being located in the existing City Limits; thence leaving the existing City Limits and following the southern right of way of 22nd Street in a westerly direction 1067 feet, more or less, to the south east corner of the intersection of the right of ways of 22nd Street and New Murraytown Road; thence with the eastern right of way of New Murraytown Road in a southerly direction 706 feet, more or less; to a point in the eastern right of way of New Murraytown Road, said point being located where an extension of the northern line of the lands of S Murray, as recorded in BCROD plat book 17 page 102 would intersect if the northern line were extended; thence crossing New Murray town Road in a westerly direction north 66 degrees 13 minutes 42 seconds west, 41 feet, more or less, to an iron pin located at the north east corner of lot 1 of S Murray as recorded in BCROD plat book 17 page 102; thence north 66 degrees 13 minutes 42 seconds west, 388.33 feet to an ion pin; thence south 17 degrees 59 minutes 2 seconds west, 358.75 feet to an iron pin; thence south 66 degrees 13 minutes 42 seconds east, 39.03 feet to an iron pin; thence south 17 degrees 59 minutes 2 seconds west, 167.72 feet to an iron pin; thence north 65 degrees 46 minutes 21 seconds west, 192.81 feet to an iron pin; thence south 23 degrees 20 minutes 00 seconds west, 401.03 feet to an open pipe; thence south 25 degrees 26 minutes 2 seconds west, 109.94 feet to an iron pin; thence north 58 degrees 29 minutes 30 seconds west, 219.16 feet to an iron pin; thence north 60 degrees 53 minutes 18 seconds west, 217.13 feet 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 p. 311 REGULAR SESSION JANUARY 23, 2017 PAGE -7- MINUTE BOOK 28 DECEMBER 15, 2016 22nd ST/NEW MURRAYTOWN RD ANNEXATION ANALYSIS CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 20.5 acres located on 22nd St NW and New Murraytown Rd 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 2017. 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 eight 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 then Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. The property considered under this annexation is primarily vacant with one single family dwelling under its current conditions. The site is expected to be developed into a subdivision with approximately 58 additional single family detached dwellings. 22nd ST NW/NEW MURRAYTOWN RD p. 312 REGULAR SESSION JANUARY 23, 2017 PAGE -8- MINUTE BOOK 28 Legal Description Beginning at an iron pin located at the southwest corner of the land of Epperson Homes LLC, as recorded in BCROD deed book 2415 page 637, said corner also being the north west corner of the lands of Green Planet Servicing LLC, as recorded in BCROD deed book 2241 page 424; thence north 24 degrees 1 minute 36 seconds east, 796.67 feet to an iron pin; thence south 63 degrees 9 minutes 51 seconds east, 122.74 feet to an iron pin; thence north 23 degrees 34 minutes 3 seconds east, 502.65 feet to an iron pin; thence south 64 degrees 3 minutes 2 seconds east, 348.93 feet to a metal post; thence south 69 degrees 37 minutes 15 seconds east, 286.74 feet to an iron pin; thence north 20 degrees 22 minutes 45 seconds east, 230.48 feet to an iron pin; thence north 62 degrees 43 minutes 56 seconds west, 65.84 feet to an iron pin; thence north 23 degrees 46 minutes 34 seconds east, 196.88 feet to an iron pin; thence crossing 22nd Street with the previous bearings and distances 50 feet, more or less, to a point in the northern right of way of 22nd Street, said point also being located in the existing City Limits; thence with the northern right of way of 22nd Street and the existing City Limits in an easterly direction 1268 feet, more or less, to a corner in the existing City Limits; thence crossing 22nd Street in a southerly direction with the existing City Limits, 50 feet, more or less, to a point in the southern right of way of 22nd Street, said point being located in the existing City Limits; thence leaving the existing City Limits and following the southern right of way of 22nd Street in a westerly direction 1067 feet, more or less, to the south east corner of the intersection of the right of ways of 22nd Street and New Murraytown Road; thence with the eastern right of way of New Murraytown Road in a southerly direction 706 feet, more or less; to a point in the eastern right of way of New Murraytown Road, said point being located where an extension of the northern line of the lands of S Murray, as recorded in BCROD plat book 17 page 102 would intersect if the northern line were extended; thence crossing New Murray town Road in a westerly direction north 66 degrees 13 minutes 42 seconds west, 41 feet, more or less, to an iron pin located at the north east corner of lot 1 of S Murray as recorded in BCROD plat book 17 page 102; thence north 66 degrees 13 minutes 42 seconds west, 388.33 feet to an ion pin; thence south 17 degrees 59 minutes 2 seconds west, 358.75 feet to an iron pin; thence south 66 degrees 13 minutes 42 seconds east, 39.03 feet to an iron pin; thence south 17 degrees 59 minutes 2 seconds west, 167.72 feet to an iron pin; thence north 65 degrees 46 minutes 21 seconds west, 192.81 feet to an iron pin; thence south 23 degrees 20 minutes 00 seconds west, 401.03 feet to an open pipe; thence south 25 degrees 26 minutes 2 seconds west, 109.94 feet to an iron pin; thence north 58 degrees 29 minutes 30 seconds west, 219.16 feet to an iron pin; thence north 60 degrees 53 minutes 18 seconds west, 217.13 feet 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 area falls well within CFD Station 5’s four-minute response zone. We could begin servicing this area immediately with no financial impact to the Fire Department. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water is available to all parcels in the annexation area. B. Sanitary Sewer--- Sanitary sewer facilities will need to be extended to serve the parcels along New Murraytown Road. To provide sanitary sewer facilities, it is estimated to cost $80,000 and can be completed within eight (8) years after annexation. p. 313 REGULAR SESSION JANUARY 23, 2017 PAGE -9- MINUTE BOOK 28 C. Fire Hydrants--- To provide fire protection to the 22nd Street and New Murraytown Road Annexation Area, an 8-Inch Water Main must be extended along Freewill Road from Cumberland Hills Circle to 22nd Street to New Murraytown Road. The Water main extension would also include, at a minimum, three (3) fire hydrants. It is estimated to cost $100,000 and would be available in eight (8) years. SUMMARY OF COSTS Water Sanitary Sewer Total nd 22 Street and New Murraytown Road Annexation Area $100,000 $80,000 $180,000 4. Electric Service Cleveland Utilities Electric and Volunteer Energy have agreed to pursue going joint use on their primary pole line along Freewill Rd. to 22ND St. and then west on 22ND St. to the property in question to be annexed. We will be going joint use with VEC on Freewill Rd. starting at Lakewood Dr. going south approximately 3,250 ft. to 22ND St. NW. The estimated cost is $203,000.00. We had previously given an estimate of $55,000.00 to build a 3-phase underground feed down Freewill Rd. to serve the Freewill Rd annexation area of 2016. This new joint use overhead line will take the place of that feed and serve both the new development and Freewill development. An additional joint use line will have to be constructed along 22ND St. from Freewill Rd. to the new developments property. This distance is 1,900 ft. and an estimated cost of $118,750.00. If the same line is extended from the intersection of 22ND St. at New Murraytown Rd. going west another 1,500 ft., we will be able to serve the Wright Brother’s development which was annexed in 2014. This cost is right at the $92,000 figure previously given to build an underground feed through the McIntire farm. This overhead feed is a much better solution and gives Cleveland Utilities more flexibility easy access to serving other future annexations in this area. In summary, a joint use line with Volunteer Energy costing $413,750.00 would give Cleveland Utilities the ability to serve this new development at New Murraytown Rd. @ 22ND St., the Freewill Rd annexation area development, Wright Brother’s development (2014 annexation area), and other possible future annexations in this area. 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. Facilities to be purchased from Volunteer is estimated to be $5,000.00. Street Lighting cost estimates for 22 ND St. from Freewill Rd. to New Murraytown are given below: Cost of Project: $12,706.01 Facilities Charge: $95.30/month Energy Charge: $10.15/month City of Cleveland’s monthly investment charge = $105.45 p. 314 REGULAR SESSION JANUARY 23, 2017 PAGE -10- MINUTE BOOK 28 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. 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. p. 315 REGULAR SESSION JANUARY 23, 2017 PAGE -11- MINUTE BOOK 28 6. Stormwater The Cleveland Stormwater Division will oversee all stormwater related issues on the site. Stormwater fees will be based on post-construction impervious areas. 7. Schools Cleveland City Schools estimates an impact of approximately twenty additional students with five to ten of them using transportation. Twenty students would add about .35 % to the school systems population which in turn would increase CCS cost by about $19,531.80. 8. 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 that the property be zoned into the R1 Single Family Residential Zoning District 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. 9. 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. 316 REGULAR SESSION JANUARY 23, 2017 PAGE -12- MINUTE BOOK 28 10. 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 immediately add approximately 3 residents to the 3rd City Council District as it is currently used. Once developed it is anticipated to add approximately 148 residents to the 3rd District. Revenue The current total appraised property value for this area is about $301,580. A significant portion of this property is assessed under the Greenbelt Program which lowers the value significantly resulting in a total assessed value of approximately $44,645. The property tax generated from this area under current conditions would be about $788.21 a year. With 1 residential homes and approximately 2.5 residents per structure the annexation would add an additional 3 residents under the current conditions. The current state shared appropriation is $115.75 per resident which would result in approximately $347.25 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 $1,174.58. This revenue is expected to increase significantly as the site could is expected to be developed with 58 additional single family detached residential units. A conservative estimate of the value of each additional new home is approximately $225,000 per unit. The total expected value of this property post-development is approximately $13,186,000 with an assessed value of approximately $3,296,500 which would result in an annual property revenue of $58,199.71. The property is expected to accommodate approximately 148 residents once developed. The state appropriation of $115.75 per resident equals approximately $17,131 per year. The monthly stormwater utility fee for this property will be approximately $1.63 per home per month which results in $96.17 per month or $1,154.04 per year. The total anticipated revenue of this property once developed to its expected capacity is $76,484.75 per year. Councilman Banks moved that Resolution No: 2017-03 be accepted 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: 2017-04 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 22nd St/New Murraytown Rd Annexation Area p. 317 REGULAR SESSION JANUARY 23, 2017 PAGE -13- MINUTE BOOK 28 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 January 23, 2017. 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 land of Epperson Homes LLC, as recorded in BCROD deed book 2415 page 637, said corner also being the north west corner of the lands of Green Planet Servicing LLC, as recorded in BCROD deed book 2241 page 424; thence north 24 degrees 1 minute 36 seconds east, 796.67 feet to an iron pin; thence south 63 degrees 9 minutes 51 seconds east, 122.74 feet to an iron pin; thence north 23 degrees 34 minutes 3 seconds east, 502.65 feet to an iron pin; thence south 64 degrees 3 minutes 2 seconds east, 348.93 feet to a metal post; thence south 69 degrees 37 minutes 15 seconds east, 286.74 feet to an iron pin; thence north 20 degrees 22 minutes 45 seconds east, 230.48 feet to an iron pin; thence north 62 degrees 43 minutes 56 seconds west, 65.84 feet to an iron pin; thence north 23 degrees 46 minutes 34 seconds east, 196.88 feet to an iron pin; thence crossing 22nd Street with the previous bearings and distances 50 feet, more or less, to a point in the northern right of way of 22nd Street, said point also being located in the existing City Limits; thence with the northern right of way of 22nd Street and the existing City Limits in an easterly direction 1268 feet, more or less, to a corner in the existing City Limits; thence crossing 22nd Street in a southerly direction with the existing City Limits, 50 feet, more or less, to a point in the southern right of way of 22nd Street, said point being located in the existing City Limits; thence leaving the existing City Limits and following the southern right of way of 22nd Street in a westerly direction 1067 feet, more or less, to the south east corner of the intersection of the right of ways of 22nd Street and New Murraytown Road; thence with the eastern right of way of New Murraytown Road in a southerly direction 706 feet, more or less; to a point in the eastern right of way of New Murraytown Road, said point being located where an extension of the northern line of the lands of S Murray, as recorded in BCROD plat book 17 page 102 would intersect if the northern line were extended; thence crossing New Murray town Road in a westerly direction north 66 degrees 13 minutes 42 seconds west, 41 feet, more or less, to an iron pin located at the north east corner of lot 1 of S Murray as recorded in BCROD plat book 17 page 102; thence north 66 degrees 13 minutes 42 seconds west, 388.33 feet to an p. 318 REGULAR SESSION JANUARY 23, 2017 PAGE -14- MINUTE BOOK 28 iron pin; thence south 17 degrees 59 minutes 2 seconds west, 358.75 feet to an iron pin; thence south 66 degrees 13 minutes 42 seconds east, 39.03 feet to an iron pin; thence south 17 degrees 59 minutes 2 seconds west, 167.72 feet to an iron pin; thence north 65 degrees 46 minutes 21 seconds west, 192.81 feet to an iron pin; thence south 23 degrees 20 minutes 00 seconds west, 401.03 feet to an open pipe; thence south 25 degrees 26 minutes 2 seconds west, 109.94 feet to an iron pin; thence north 58 degrees 29 minutes 30 seconds west, 219.16 feet to an iron pin; thence north 60 degrees 53 minutes 18 seconds west, 217.13 feet 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. [On file in the City Clerk’s Office.] 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2017-04 be accepted as presented. The motion was seconded by Councilman Banks. Councilman Banks stated it is important that we have developers that want to be annexed to increase our tax base. He appreciates the efforts of the developer. Councilman May stated yes, and it also increases the tax base for the County, at no cost to them. Upon roll call, the motion was unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2017-01 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2016-2017 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE. BE IT ORDAINED by the City Council of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2016-2017 be amended according to the attached amendment. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of Cleveland requiring it. p. 319 REGULAR SESSION JANUARY 23, 2017 PAGE -15- MINUTE BOOK 28 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 320 REGULAR SESSION JANUARY 23, 2017 PAGE -16- MINUTE BOOK 28 p. 321 REGULAR SESSION JANUARY 23, 2017 PAGE -17- MINUTE BOOK 28 p. 322 REGULAR SESSION JANUARY 23, 2017 PAGE -18- MINUTE BOOK 28 Councilman May moved that Ordinance No: 2017-01 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 323 REGULAR SESSION JANUARY 23, 2017 PAGE -19- MINUTE BOOK 28 The following Ordinance was then presented in full: ORDINANCE NO: 2017-02 AN ORDINANCE TO ZONE THE “22nd ST/NEW MURRAYTOWN RD ANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 23rd day of January 2017 a notice thereof published in the Cleveland Daily Banner on Monday, January 2, 2017 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution 2017-03; and, WHEREAS, this property was annexed by Resolution 2017-04; 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 within the corporate limits of the City of Cleveland. Section 2. The property described in Exhibit “A” shall be zoned in accordance with the zoning plan described in Exhibit “B”, 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 324 REGULAR SESSION JANUARY 23, 2017 PAGE -20- MINUTE BOOK 28 Exhibit B Legal Description Beginning at an iron pin located at the southwest corner of the land of Epperson Homes LLC, as recorded in BCROD deed book 2415 page 637, said corner also being the north west corner of the lands of Green Planet Servicing LLC, as recorded in BCROD deed book 2241 page 424; thence north 24 degrees 1 minute 36 seconds east, 796.67 feet to an iron pin; thence south 63 degrees 9 minutes 51 seconds east, 122.74 feet to an iron pin; thence north 23 degrees 34 minutes 3 seconds east, 502.65 feet to an iron pin; thence south 64 degrees 3 minutes 2 seconds east, 348.93 feet to a metal post; thence south 69 degrees 37 minutes 15 seconds east, 286.74 feet to an iron pin; thence north 20 degrees 22 minutes 45 seconds east, 230.48 feet to an iron pin; thence north 62 degrees 43 minutes 56 seconds west, 65.84 feet to an iron pin; thence north 23 degrees 46 minutes 34 seconds east, 196.88 feet to an iron pin; thence crossing 22nd Street with the previous bearings and distances 50 feet, more or less, to a point in the northern right of way of 22nd Street, said point also being located in the existing City Limits; thence with the northern right of way of 22nd Street and the existing City Limits in an easterly direction 1268 feet, more or less, to a corner in the existing City Limits; thence crossing 22nd Street in a southerly direction with the existing City Limits, 50 feet, more or less, to a point in the southern right of way of 22nd Street, said point being located in the existing City Limits; thence leaving the existing City Limits and following the southern right of way of 22nd Street in a westerly direction 1067 feet, more or less, to the south east corner of the intersection of the right of ways of 22nd Street and New Murraytown Road; thence with the eastern right of way of New Murraytown Road in a southerly direction 706 feet, more or less; to a point in the eastern right of way of New Murraytown Road, said point being located where an extension of the northern line of the lands of S Murray, as recorded in BCROD plat book 17 page 102 would intersect if the northern line were extended; thence crossing New Murray town Road in a westerly direction north 66 degrees 13 minutes 42 seconds west, 41 feet, more or less, to an iron pin located at the north east corner of lot 1 of S Murray as recorded in BCROD plat book 17 page 102; thence north 66 degrees 13 minutes 42 seconds west, 388.33 feet to an ion pin; thence south 17 degrees 59 minutes 2 seconds west, 358.75 feet to an iron pin; thence south 66 degrees 13 minutes 42 seconds east, 39.03 feet to an iron pin; thence south 17 degrees 59 minutes 2 seconds west, 167.72 feet to an iron pin; thence north 65 degrees 46 minutes 21 seconds west, 192.81 feet to an iron pin; thence south 23 degrees 20 minutes 00 seconds west, 401.03 feet to an open pipe; thence south 25 degrees 26 minutes 2 seconds west, 109.94 feet to an iron pin; thence north 58 degrees 29 minutes 30 seconds west, 219.16 feet to an iron pin; thence north 60 degrees 53 minutes 18 seconds west, 217.13 feet to the point of beginning. Councilman Cassada moved that Ordinance No: 2017-02 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman Hughes moved to appoint Councilman Estes and Councilman Cassada to the Economic Development Council for a two-year term. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Councilman Banks moved to approve a letter of support for Mainstreet Entrepreneur Grant of $50,000 for FY2019. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Councilman Hughes moved that Larry Bryant be appointed as a full member to the Wrecker Board. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. p. 325 REGULAR SESSION JANUARY 23, 2017 PAGE -21- MINUTE BOOK 28 Councilman Estes moved that the City Council support the City Manager and staff in both pursuing and gathering all pertinent information to the acquisition of the Cherokee Hotel and we support them in this fact finding endeavor. Not only do we need to see it on paper we would like to maybe take a tour, or a virtual tour, something. Really do some due diligence on our part and get vested it from up here. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Rowland stated the Strategic Planning Session will be held on Monday, February 13th at 8:00 a.m. in the City Council room. There being no future business the meeting was adjourned at 3:40 p.m. _________________________________ ______________________________ Mayor City Clerk