Cleveland City Council

p. 361 REGULAR SESSION APRIL 10, 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, APRIL 10, 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., and Richard Banks. Dale Hughes was absent from the meeting. 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; Patti Petitt, Director of Parks and Recreation; Jeff Davis, Personnel Director, Kris Miller, IT Director; Brian Moran; Social Media Coordinator; Kim Spence, Safety and Wellness Manager; Marshall Stinnett and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; City Reporter Randall Higgins; Sharon Marr with Mainstreet Cleveland; Charlotte Peak; Eddie and Jane Rice; Cecily Maney; Troy and Michelle Maney; David and Cindy Veach; Tia Hicks; Tim and Patsy Murphy; Betty Philpott; Brandon Cissom; Sheila Cair; Timothy Bass; Sam White; Carolyn Cannatella; Steve Hixson; Jim Strassburg; Kenneth Mantooth; Sandra Mantooth; Debbie and Barry Jenkins; Mike Shreve; Dorothy Beavers; Richard Stubblefield; Sarah Beavers; Freddie Burton; John and Deane Green; Jason Scroggins; Eugene and Carol Hoskins; Zandra Welch; Brandi and Richie King; Lake Mantooth; Cameron Fisher; School Board Members Dawn Robinson, Peggy Pesterfield, Carolyn Ingram and Charlie Cogdill; Michael Kahrs; Hal Taylor; Dr. Russel Dyer; Doug Moore; David Turner; Jim Burton; Cathy Goodman; Joy Hudson; Susan Miller; Vanessa Hammond; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, the following business was then entered into: Councilman Banks moved to excuse Councilman Dale Hughes from today’s meeting. The motion was seconded by Councilman McKenzie; and upon roll call, unanimously passed. 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 March 27, 2017 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 Ellissa Lawson, Boys and Girls Club Cleveland Youth of the Year Speaker, gave her speech before the City Council. She spoke of her life testimony and struggles and how the Boys and Girls Club helped her through many difficult times and is teaching her many life skills. After graduating from Bradley Central High School she will attend ETSU to major in Criminal Justice. Mayor Rowland thanked Ms. Lawson and stated he will continue to work for her to meet with Larry Wallace to discuss her career path. He also thanked the Boys and Girls Club for changing one life at a time. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone 2.97 acres located on Pleasant Grove Church Rd (Tax Map 56 Parcel 51.10) from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition to the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 362 REGULAR SESSION APRIL 10, 2017 PAGE -2- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the adjoining property owners to abandon a portion of unopened right-of-way running parallel to Church St SE and South Ocoee St and between 13th St SE and 14th St SE. Mayor Rowland asked if anyone would like to speak in favor of the abandonment. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition to the abandonment. No one spoke. Mayor Rowland 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 a resolution to annex about 5.1 acres located at Michigan Avenue Rd and Foxfire Dr NE 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. Attorney Travis Henry, who is representing the property owner, stated the front portion of the property is currently located inside the city and the back portion is the county. The owner is asking for annexation so it will all be in the city. The front part is currently zoned R2. The back part is zoned FAR. Under the FAR zoning in the county his client can currently construct duplexes, two family dwellings, install mobile homes, single family double-wide and even certain commercial businesses, which includes a drug store, laundry mat or carwash, which are all currently permitted in the FAR zoning. His client is seeking to make this a low-density R2 zoning that is fully in the city. This would, in some way offer protection for the residents. Our position is it would be positive for everyone, the city for tax revenue, for his client to be able to have a uniform zoning and a parcel that is fully in the city and positive for the adjoining property owners to prevent the other possible uses that are available today. We are respectively asking that this property be annexed and zoned R2. Councilman Banks stated he has received comments from residents of Foxfire Subdivision that this is just a step towards the City annexing their subdivision. He asked for Mr. Henry to explain annexation law. Mr. Henry stated the property owner has to be willing and it has to be contiguous to what is currently in place. In this situation this is something that his client is asking to do. He appreciates the concerns of the residents but I don’t believe that is a legitimate concern to be annexed into the City. Councilman Banks stated a referendum would have to be held. Mr. Henry stated yes. Mayor Rowland asked if anyone would like to speak in opposition to the annexation and Plan of Service. Tim Murphy stated his lives in Foxfire and this is his home. There is one way in and one way out. He can understand why the property owner wants it all in the city, so he can probably get more for his property but it’s not going to be a plus for Foxfire. That road is a county owned road. He doesn’t want a bunch of junky condos. We have paid good money for our homes and we want to keep the value. If they wanted something like that they need to put their own road in and not use Foxfire. He is against this and will always be against annexation. Mayor Rowland stated it seems as if most of you have the same message and let’s try to hear from more people. Brandi King stated she lives in Foxfire and represents the folks here and the folks from Millcreek, and wouldn’t say we disagree with this gentleman’s idea but we want to expand upon what Mr. Murphy has said. She then asked Mr. Mopkin to speak. Mr. Mopkin stated the neighborhoods have been on an information gathering tirade over the last few days. This recently came to our attention that it was proposed for zoning and since it is part of the county they were not required to put signage on the property. It was posted in the paper but not everyone saw it and that’s why it wasn’t fought at the Planning Commission. The annexation isn’t so much of the issue for us as it is the zoning. The annexation into the city is fine. We are pushing for R1 zoning, which is for single family homes. If you drive out there and see the property you clearly see the intent that it should be single family housing, which is what everything around it is. So our big push is for R1 zoning. This area was originally intended to be a community area for Foxfire neighborhood but wasn’t within the deed. Residents of the neighborhood are concerned about all of the effects. The other thing is it was approved at the Planning Commission stage for 100 units and 250 residents on a two-lane road that already sees a lot of traffic. It is alarming to us. He is sure there are other points but wanted to clarify that annexation isn’t the issue, it’s just the zoning. Mayor Rowland stated to be clear, this public hearing is not for the zoning, it is for the annexation. The public hearing coming up next is for zoning. This is strictly for the annexation. Ms. King added p. 363 REGULAR SESSION APRIL 10, 2017 PAGE -3- MINUTE BOOK 28 certainly safety is also a concern. She then asked for everyone in opposition to raise their hand. We are very concerned. Mayor Rowland asked if they were opposed to the annexation or zoning. The audience replied both. Barry Jenkins stated he spoke with recent developers in the area who are creating single family units. Timbercreek has 38 existing units with 40 additional units planned. Mike Lee has 19 lots that are being developed in the area as single family residential. Magnolia Lea has 19 units recently built in the last 18 months. All together nearly 100 single family residential units being built. That is greater than $20 million in value. Some of those are inside the city, some is in the county and the area doesn’t want to be diminished. Think about the areas you see, an area of single family dwellings and this zoning should be continuity to the zoning. Also, there are many accidents on Michigan Avenue Road, Peach Orchard Hill and 20th Street. The area has excess traffic than it has in the past and changing the zoning to R2 will increase the accidents and traffic. Steve Hixson stated in reference to the apartments he could build, where people can stay one month and leave there is not going to be anyone there that would want to come into the area and buy a home. This is a good quiet neighborhood and we don’t want anything that will drive our property down and increase crime. Single family dwellings would be fine. That wouldn’t hurt the neighborhood but the other avenue will hurt this area. Councilman McKenzie asked if the subdivision on the left has duplexes. Mr. Hixson stated there are some but they have their own access and are the kind people buy. They are not rentals. Mr. Henry stated there is an assumption there are going to be apartments. His client has no intent of building apartments. He has looked at a plan for townhomes and that has fallen through. There are no immediate plans to build anything at this time. Secondly, it is already R2. The development down from the property already has duplexes and triplexes but the bigger picture is he can already build those things under FAR. In a way this will restrict the property that will benefit surrounding property owners. All the objections to building apartments, he is not prohibited to do that now. The big picture is this makes sense for him to be able to be fully in the City and go with the R2 to be a consistent zone for what is already in the City. Councilman Estes asked if his client only wants annexation if we zone it R2. Mr. Henry replied yes. That is important. There are no immediate plans to develop but wants the options and feels R2 is consistent with the rest of the property. Councilman Estes then asked if he were in the city and accessible to water and sewer would that not increase the density he could put on the acreage where, right now there are certain perks he would have to have for septic. Mr. Henry stated yes it is his understanding it would increase potential density. But it is already, the first 3 acres is already in the city. If you’re concerned about traffic and density issues, it is already there. Councilman May asked if a portion of the property was wetland. Mr. Henry stated yes but doesn’t know the exact measurements but it is along the back portion. Councilman Cassada stated the land was cleared off in one day. Mr. Jobe stated the owner did receive a notice of violation from TDEC and if this is annexed it would carry over to us and he would receive a violation from the City Stormwater program. Mr. Henry stated his client does respect the concerns of the neighbors but at the same time this property has been for sale for a long time. He is not sure how he wants it to be developed but being a part of the City allows him options. Barry Jenkins stated the owner lives in Florida and we know what he is interested in building, which is multi-family units. We hear the near-threats of various things he could build but the full intention is to build multi-family units. Charlotte Peak stated she just came from a meeting about FAR and currently this developer, in FAR zoning he can put duplexes, which can be rented. She just wanted to clarify. Also, he can do everything else that Mr. Henry has stated in FAR unless they protest at the County Planning Commission or County Commission meeting. 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 5.1 acres located at Michigan Avenue Rd and Foxfire Dr NE from the unincorporated county to R2 Low Density Single and Multi-Family Residential Zoning District. Mayor Rowland then asked if anyone would like to speak in favor of the zoning. Mr. Henry stated he stands by his earlier comments. A portion of the property is already in R2 and he can already build duplexes. It just makes sense that this be consistent and have his options available. R2 is all around the property. The Chelsea development is all duplexes and triplexes, which is just down from here. Respectfully, it makes sense that this be R2 and that is p. 364 REGULAR SESSION APRIL 10, 2017 PAGE -4- MINUTE BOOK 28 what we are requesting. Mayor Rowland asked if anyone would like to speak in opposition to the zoning. Mr. Jenkins stated yes Chelsea is nearby but when you consider Foxfire, Millcreek and the front part of Powhatan Drive the continuity is clear, it’s single-family residential. There are occasional multi-family units but when you consider what all three neighborhoods have, single family, over $20 million dollars that is something not to easily discount at all and recommends the Council vote no. Mayor Rowland stated we have received communication from Gerald Williams, 1816 Foxfire Road who is opposed to the zoning. 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 a resolution to annex about 110.9 acres located at Urbane Rd and Tillie Rd NE 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. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning the zoning of about 110.9 acres located at Urbane Rd and Tillie Rd NE from the unincorporated county to MU Mixed Use 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 to the zoning. No one spoke. Mayor Rowland declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda. • Final Passage – Zoning Ordinance No: 2017-08 – heretofore passed on first reading March 27, 2017 and found in Minute Book 28, Page 350; rezoning approximately 74.3 acres located at Paul Huff Parkway and North Lee Highway from CH Commercial Highway Zoning District to Planned Unit Development PUD Zoning District (PUD13) (Tax Map 34 Parcel 64.03) (Planning Commission: Approved 8:0; 1 member absent). • Final Passage - Zoning Ordinance No: 2017-09 – heretofore passed on first reading March 27, 2017 and found in Minute Book 28, Page 357; rezoning approximately .98 acres, more or less, from R1 Single Family Residential Zoning District to R2 Low Density Single & Multi-Family Residential Zoning District located on Stephens Rd NE (Tax Map 42K Group K Parcel 18.00 & 21.00) (Planning Commission: Approved 5:3; 1 member absent). • Final Passage - Ordinance No: 2017-10 – heretofore passed on first reading March 27, 2017 and found in Minute Book 28, Page 358; amending Title 15, Chapter 1 of the Municipal Code to add a new section 15-142 regulating the use of engine compression braking devices. • Final Passage – Ordinance No: 2017-11 – heretofore passed on first reading March 27, 2017 and found in Minute Book 28, Page 359; amending Title 12, Chapter 1, Section 12-106 to modify certain regulations concerning tents. • Resolution No: 2017-11 – Accepting a donation of property from D’Alton Properties, LLC to be used for the Greenway and approving an agreement with D’Alton Properties, LLC concerning the same property. RESOLUTION NO: 2017-11 A RESOLUTION ACCEPTING A DONATION OF PROPERTY FROM D'ALTON PROPERTIES LLC TO BE USED FOR THE GREENWAY, AND APPROVING AN AGREEMENT WITH D'ALTON PROPERTIES LLC CONCERNING THE SAME PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY p. 365 REGULAR SESSION APRIL 10, 2017 PAGE -5- MINUTE BOOK 28 WHEREAS, D'Alton Properties LLC is in the process of developing property owned by it adjacent to Inman Street more specifically identified as Tax Map 049N, Group D, Parcel 011.00, and WHEREAS, in connection with the development of its property, D'Alton Properties LLC has graciously offered to donate a portion of its real property to the City of Cleveland; and WHEREAS, the land to be donated to the City, both in fee simple, as well as permanent easements, will provide the City with land to construct an additional trailhead for the Greenway; and WHEREAS, City staff have been working with the donor to prepare an agreement between the City and D'Alton Properties LLC relative to this project; and WHEREAS, the proposed agreement between the parties is attached hereto and incorporated herein by reference; and WHEREAS, the City of Cleveland greatly appreciates the donor’s proposed gift to the City, and desires to accept the same; and WHEREAS, the City Council desires to approve of the agreement between the City of Cleveland and D'Alton Properties LLC which is attached hereto and incorporated herein by reference, and the City Council further desires to authorize the Mayor to sign the agreement on behalf of the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby accept the donation of the land described in the attached documents and it hereby extends its sincere appreciation to D'Alton Properties LLC for its gift to the City. BE IT FURTHER RESOLVED that the City Council of the City of Cleveland, Tennessee does hereby extend its sincere appreciation to Robert Dee Burris, Jr. who has spent countless hours on this project on behalf of D'Alton Properties LLC. BE IT FURTHER RESOLVED that the City Council hereby approves of the proposed agreement between the City of Cleveland and D'Alton Properties LLC which is attached hereto and incorporated herein by reference, and the City Council further authorizes the Mayor to sign the agreement on behalf of the City. [On file in the City Clerk’s Office.] /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-12 - Authorizing a loan agreement in the principal amount of not to exceed $1,000,000 for Water Facilities Project. AUTHORIZING RESOLUTION NO: 2017-12 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE CONSTRUCTION OF A WATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANCING. WHEREAS, the City of Cleveland is a public and governmental body in Cleveland, Tennessee (the "Local Government"); and p. 366 REGULAR SESSION APRIL 10, 2017 PAGE -6- MINUTE BOOK 28 WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a water facilities project, Department of Environment and Conservation Number DW6 2017-192 (the "Project"), in and for the Local Government; and WHEREAS, Drinking Water Revolving Loan Fund Act of 1997, Tennessee Code Annotated, Sections 68-221-1201 et seq., provide for the lending of moneys in the water facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for Project Loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of ONE Million Dollars ($1,000,000) by the obtaining of a Project Loan. Section 2. The execution and delivery of the Application for a Project Loan in the principal amount of ONE Million Dollars ($1,000,000) for the purpose of funding all or a portion of the total estimated cost of the Project ONE MILLION ONE HUNDRED NINTY FIVE THOUSAND Dollars ($1,195,000), by Tim Henderson, President and CEO of Cleveland UB of the Local Government, is hereby ratified and approved in all respects. Section 3. The form, terms, and provisions of the agreement for the Project Loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the Authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project Loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project Loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of operation and maintenance of the water system of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. Section 8. The Local Government hereby agrees that there are no local pledges of State- Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The President and CEO of Cleveland UB of the Local Government is authorized and directed to execute the Loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the Local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may p. 367 REGULAR SESSION APRIL 10, 2017 PAGE -7- MINUTE BOOK 28 consider necessary or advisable in connection with the Loan Agreement. Provided, however, this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project Loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution be and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this _______ day of _____________________, 2017. _____________________________________ Tom Rowland, Mayor WITNESS: ___________________________ (Affix Seal As Appropriate) ____________________________ (Signature and Title) • Resolution No: 2017-13 - Authorizing a loan agreement in the principal amount of not to exceed $195,000 for Water Facilities Project. AUTHORIZING RESOLUTION NO: 2017-13 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE CONSTRUCTION OF A WATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANCING. WHEREAS, the City of Cleveland is a public and governmental body in Cleveland, Tennessee (the "Local Government"); and WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a water facilities project, Department of Environment and Conservation Number DWF 2017-193 (the "Project"), in and for the Local Government; and WHEREAS, Drinking Water Revolving Loan Fund Act of 1997, Tennessee Code Annotated, Sections 68-221-1201 et seq., provide for the lending of moneys in the water facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for Project Loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of ONE HUNDRED NINTY FIVE THOUSAND Dollars ($195,000) by the obtaining of a Project Loan. Section 2. The execution and delivery of the Application for a Project Loan in the principal amount of ONE HUNDRED NINTY FIVE THOUSAND Dollars ($195,000) for the purpose of funding all or a portion of the total estimated cost of the Project ONE MILLION ONE HUNDRED NINTY FIVE THOUSAND Dollars ($1,195,000), by Tim Henderson, President and CEO of Cleveland UB of the Local Government, is hereby ratified and approved in all respects. p. 368 REGULAR SESSION APRIL 10, 2017 PAGE -8- MINUTE BOOK 28 Section 3. The form, terms, and provisions of the agreement for the Project Loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the Authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project Loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project Loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of operation and maintenance of the water system of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. Section 8. The Local Government hereby agrees that there are no local pledges of State- Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The President and CEO of Cleveland UB of the Local Government is authorized and directed to execute the Loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the Local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may consider necessary or advisable in connection with the Loan Agreement. Provided, however, this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project Loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution be and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this _______ day of _____________________, 2017. _____________________________________ Tom Rowland, Mayor WITNESS: ___________________________ (Affix Seal As Appropriate) ____________________________ (Signature and Title) p. 369 REGULAR SESSION APRIL 10, 2017 PAGE -9- MINUTE BOOK 28 • Bid Report – Casteel Connector Greenway Project. BID SUMMARY CASTEEL CONNECTOR GREENWAY PROJECT March 28, 2017 1. Adams Contracting Co. Lexington, KY $1,864,679.00 2. B & W Contractors, Inc. Cleveland, TN $1,573,354.86 3. Greenstar, LLC Cleveland, TN No Bid 4. Thomas Brothers Construction Hixson, TN $1,854,413.13 Recommendation is to accept B & W Contractors, Inc. of Cleveland, TN with a bid of $1,573,354.86. This project is funded with Federal, State and Local funds. This recommendation is pending TDOT approval. • Update - Surplus Vehicles sold on GovDeals for the Police Department. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: April 3, 2017 SUBJECT: Surplus Vehicles The vehicles listed below were declared surplus with the approval to be sold on GovDeals.com at the February 11th City Council meeting. The City received a total amount from this sale of $5,490 for the Police department. Vehicles 1996 Chevrolet Lumina (72205) Police $ 355 1996 Jeep Cherokee (64514) Police $3,315 2000 Chrysler LHS (79263) Police $1,820 The revenue received from this sale will assist in funding for replacement vehicles or equipment. Councilman Estes moved to approve the Consent Agenda. The motion was seconded by Councilman Banks; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes asked for an update via email on sidewalk extensions at 17th/20th Streets. He then asked for an email update from Bryan Turner after the court date on 50 1st Street. He has also received complaints on 70/80 Church Street with the dumpster sitting there, taking up parking and it appears no work is being done. He asked for staff to stay on top of that situation. Lastly, he thanked Joel Prince with Codes Enforcement for his work on Aurora Street. Mayor Rowland stated the Fire Marshall is downstairs and not allowing anyone else to come upstairs unless someone leaves due to overcrowding. p. 370 REGULAR SESSION APRIL 10, 2017 PAGE -10- MINUTE BOOK 28 Vice Mayor Johnson invited everyone to the Bike/Walk Cleveland meeting on April 24th at 6:00 p.m. at the Museum Center. Greg Thomas then spoke about the Walkability Program workshop with the CDC. It is a citizen led group and they will be working on the action plan to give citizens the ability to walk throughout the community. Vice Mayor Johnson agreed that the goal is to connect the greenway to schools, downtown and other areas. It will be a great opportunity for our community. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: ZONING ORDINANCE NO: 2017-12 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 R1Single Residential Zoning District to CH Commercial Highway. Approximately 2.97 acres, more or less, located on Pleasant Grove Church Rd SW as shown on the attached map. For reference, see Book 2356 Page 382 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 56 Parcel 51.10, in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman May moved that Zoning Ordinance No: 2017-12 be voted for passed on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. p. 371 REGULAR SESSION APRIL 10, 2017 PAGE -11- MINUTE BOOK 28 The following Ordinance was then presented in full: ORDINANCE NO: 2017-13 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of- way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right-of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: Located between lots 22 and 23 on the west and lots 55 and 56 on the east in Walker Hardwick Addition as recorded in Plat Book 1 Page 44 in the Bradley County Register of Deeds. 2. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 3. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 4. EFFECTIVE DATE: 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. 372 REGULAR SESSION APRIL 10, 2017 PAGE -12- MINUTE BOOK 28 Exhibit A Exhibit B p. 373 REGULAR SESSION APRIL 10, 2017 PAGE -13- MINUTE BOOK 28 Exhibit C Councilman Estes moved that Ordinance No: 2017-13 be voted for passed on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Mayor Rowland stated we have Resolution No: 2017-14 adopting a Plan of Service for the annexation area of about 5.1 acres located at Michigan Avenue Rd and Foxfire Dr NE. Mayor Rowland then declared the item dies due to lack of motion. Mayor Rowland stated we have Resolution No: 2017-15 concerning annexing about 5.1 acres located at Michigan Avenue Rd and Foxfire Dr NE. Mayor Rowland then declared the item dies due to lack of motion. Mayor Rowland stated we also have Zoning Ordinance No: 2017-14 concerning zoning of about 5.1 acres located at Michigan Avenue Rd and Foxfire Dr NE from the unincorporated county to R2 Low Density Single and Multi-Family Residential Zoning District. Mayor Rowland declared the item dies due to lack of motion. Councilman Banks moved to send the annexation request of 5.1 acres located at Michigan Avenue Rd and Foxfire Dr NE back to the Planning Commission for further consideration for two reasons; we have a duty to increase the tax base so taxes don’t have to be raised to pay for essential services and generally we don’t turn down annexation requests, especially since the State Legislature changed the law. It would be in everyone’s best interest to send this back to the Planning Commission and let you voice your concerns and let the developer present what he plans to do and it might be a good thing for everyone. The motion was seconded by Councilman McKenzie. Councilman Estes asked if this issue had to wait a year. Mr. Kimball stated no that is for rezoning request only that is denied. Upon roll call the motion unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2017-16 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT URBANE RD AND TILLIE RD NE 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 p. 374 REGULAR SESSION APRIL 10, 2017 PAGE -14- MINUTE BOOK 28 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 April 10, 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: Beginning at an iron pin located the southeast corner of the lands of Voice of Evangelism Outreach Ministries, Inc, as recorded in BCROD deed book 2238 page 425; thence north 66 degrees 5 minutes 23 seconds west, 2479.75 feet to an iron pin located at the southwest corner of the lands of Voice of Evangelism Outreach Ministries, Inc; thence continuing with the same heading 60 feet, more or less, to a point in the western right of way of Urbane Road; thence with the right of way of Urbane Road in the northerly direction, 245 feet, more or less, to the northwest corner of the intersection of Urbane Road and Tillie Drive; thence in a southeasterly direction with the northern right of way of Tillie Drive 1745 feet, more or less, to an iron pin located at the southwest corner of the lands of James Calfee, as recorded in BCROD PB 10 page 342; thence with the eastern line of the lands of Calfee, thence north 31 degrees 51 minutes 52 seconds east, 282.54 feet to an iron pin; thence north 63 degrees 19 minutes 46 seconds west, 386.37 feet to an iron pin; thence with a line of Voice of Evangelism Outreach Ministries, Inc North 25 degrees 54 minutes 25 seconds east, 528.73 feet to an iron pin; thence along Mulberry subdivision south 65 degrees 12 minutes 35 seconds east, 651 feet, more or less, to the southeast corner of lot 22 of Mulberry subdivision, as recorded in PB 11 page 88; thence in a northeasterly direction 412 feet ,more or less, to the northeast corner of lot 21 of Mulberry subdivision; thence in a south easterly direction 532 feet, more or less, to the southeast corner of lot 24 of Rolling Meadows Phase III Subdivision, as recorded in BCROD PB 11 page 49; thence crossing the railroad right of way with the same bearing 112 feet ,more or less, to a point in the eastern right of way of the railroad, said point being located in the existing right of way; thence in a southwesterly direction with the eastern line if the railroad right if way and the existing City Limits, 2295 feet, more or less, to a point where if the southern line of the lands of Voice of Evangelism Outreach Ministries, Inc were extend, it would intersect the eastern railroad right of way; thence leaving the railroad right of way and the existing City Limits north 66 degrees 5 minutes 23 seconds west, 112 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. 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. p. 375 REGULAR SESSION APRIL 10, 2017 PAGE -15- MINUTE BOOK 28 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk MARCH 17, 2017 URBANE RD ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 111.3 acres located Urbane Rd and Tillie Rd NE 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-nine square mile UGB that was based on a study of urbanization and service requirements in a fifty square mile urban fringe area. The UGB was amended in January 2010, expanding it near I-75 Exit 20 and in the vicinity of the new airport site near Dry Valley Road. Cleveland can annex property within its UGB by resolution. PC 1101 Section 19 requires a “Plan of Services” (POS) prior to annexation and these services must include: police and fire protection: water, electrical and sanitary sewer services; solid waste collection; road and street construction and repair; recreational facilities and programs; street lighting; and zoning services. Public Chapter 225 adopted by the Tennessee General Assembly and signed by Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. This property is currently the site of Omega Center International, which operates various ministries under the direction of Reverend Perry Stone. The site currently includes a large event space that hosts religious services as well as other events. Eventually, the ministry would like to expand ministry opportunities, including but not limited to, lodging and additional event space. Urbane Rd and Tillie Rd NE p. 376 REGULAR SESSION APRIL 10, 2017 PAGE -16- MINUTE BOOK 28 Legal Description Beginning at an iron pin located the southeast corner of the lands of Voice of Evangelism Outreach Ministries, Inc, as recorded in BCROD deed book 2238 page 425; thence north 66 degrees 5 minutes 23 seconds west, 2479.75 feet to an iron pin located at the southwest corner of the lands of Voice of Evangelism Outreach Ministries, Inc; thence continuing with the same heading 60 feet, more or less, to a point in the western right of way of Urbane Road; thence with the right of way of Urbane Road in the northerly direction, 245 feet, more or less, to the northwest corner of the intersection of Urbane Road and Tillie Drive; thence in a southeasterly direction with the northern right of way of Tillie Drive 1745 feet, more or less, to an iron pin located at the southwest corner of the lands of James Calfee, as recorded in BCROD PB 10 page 342; thence with the eastern line of the lands of Calfee, thence north 31 degrees 51 minutes 52 seconds east, 282.54 feet to an iron pin; thence north 63 degrees 19 minutes 46 seconds west, 386.37 feet to an iron pin; thence with a line of Voice of Evangelism Outreach Ministries, Inc North 25 degrees 54 minutes 25 seconds east, 528.73 feet to an iron pin; thence along Mulberry subdivision south 65 degrees 12 minutes 35 seconds east, 651 feet, more or less, to the southeast corner of lot 22 of Mulberry subdivision, as recorded in PB 11 page 88; thence in a northeasterly direction 412 feet ,more or less, to the northeast corner of lot 21 of Mulberry subdivision; thence in a south easterly direction 532 feet, more or less, to the southeast corner of lot 24 of Rolling Meadows Phase III Subdivision, as recorded in BCROD PB 11 page 49; thence crossing the railroad right of way with the same bearing 112 feet ,more or less, to a point in the eastern right of way of the railroad, said point being located in the existing right of way; thence in a southwesterly direction with the eastern line if the railroad right if way and the existing City Limits, 2295 feet, more or less, to a point where if the southern line of the lands of Voice of Evangelism Outreach Ministries, Inc were extend, it would intersect the eastern railroad right of way; thence leaving the railroad right of way and the existing City Limits north 66 degrees 5 minutes 23 seconds west, 112 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 There is only one fire hydrant on Tillie Road. This hydrant is located near the mid-point between Urbane and Old Tasso RD. There is no hydrant on Old Tasso. There are two residential structures located at the intersection of Tillie and Old Tasso, as well as the two structures located at the dead end of Old Tasso. Securing a water supply to combat potential structure fires at these locations would require extensive lays of large diameter supply lines from this hydrant of over 1000’ to the residential structures and over 2000’ to the structures at the end of Old Tasso. To ensure adequate water supply to combat potential structure fires at these locations, we recommend the addition of a hydrant at the intersection of Tillie Road and Old Tasso Road prior to, or coinciding with, annexation. p. 377 REGULAR SESSION APRIL 10, 2017 PAGE -17- MINUTE BOOK 28 There is a hydrant at the end of Mulberry Lane that could be accessed from the end of Old Tasso. However, this hydrant services that neighborhood and is blocked from this parcel by a privately owned chain-link fence. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water will need to be extended on Tillie Road to serve parcel at end of Tillie Road. To provide water service, it is estimated to cost $18,000 and can be completed within eight (8) years after annexation. B. Sanitary Sewer--- Sanitary sewer facilities will need to be extended to serve the parcel at the end of Tillie Road. To provide sanitary sewer facilities, it is estimated to cost $5,000 and can be completed within eight (8) years after annexation. C. Fire Hydrants--- To provide fire protection to the parcels at the end of Tilllie Road, a fire hydrant would need to be installed at the end of the 6-Inch water main extension. It is estimated to cost $4,500 and would be available in eight (8) years. SUMMARY OF COSTS Water Sanitary Sewer Total Urbane Rd at Tillie Rd NE $22,500 $5,000 $27,500 Annexation Area 4. Electric Service 1) Street Lighting cost to the City of Cleveland to provide street lighting on Urbane Rd. and Tillie Dr. NE Street Lighting: Total cost for CU to install facilities: $39,794.36 Monthly charges to the City of Cleveland: Facilities charge: $298.56/month Energy charge: $16.63/month Total: $315.19/month *Monthly charge to the City of Cleveland 2) Estimated cost for Cleveland Utilities to install new facilities to serve existing meeting complex, small house and barns. $147,000 3) Estimated depreciated cost to purchase VEC facilities. $22,500 Total upfront investment from Cleveland Utilities = $169,500.00 4) Estimated payment of lost revenue to VEC for 10 years. Total =$108,000.00 $10,800.00 per year payment to VEC 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. p. 378 REGULAR SESSION APRIL 10, 2017 PAGE -18- MINUTE BOOK 28 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. 6. Schools The annexation of this area does not anticipate any impacts on the City 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. p. 379 REGULAR SESSION APRIL 10, 2017 PAGE -19- MINUTE BOOK 28 B. This property is currently zoned FAR Forestry/Agricultural/Residential in the unincorporated County. It is recommended the post-annexation zoning on this property be MU Mixed Use Zoning District. C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 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 0 residents to the 4th City Council District as it is currently used. Revenue This property would be tax exempt and not contribute any property tax revenue to the City of Cleveland, however there would be storm water fees associated with this property based on the total impervious area. Councilman Banks moved that Resolution No: 2017-16 be approved as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Resolution was the presented in full: RESOLUTION NO: 2017-17 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 URBANE RD AND TILLIE RD NE AREA p. 380 REGULAR SESSION APRIL 10, 2017 PAGE -20- 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 April 10, 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 the southeast corner of the lands of Voice of Evangelism Outreach Ministries, Inc, as recorded in BCROD deed book 2238 page 425; thence north 66 degrees 5 minutes 23 seconds west, 2479.75 feet to an iron pin located at the southwest corner of the lands of Voice of Evangelism Outreach Ministries, Inc; thence continuing with the same heading 60 feet, more or less, to a point in the western right of way of Urbane Road; thence with the right of way of Urbane Road in the northerly direction, 245 feet, more or less, to the northwest corner of the intersection of Urbane Road and Tillie Drive; thence in a southeasterly direction with the northern right of way of Tillie Drive 1745 feet, more or less, to an iron pin located at the southwest corner of the lands of James Calfee, as recorded in BCROD PB 10 page 342; thence with the eastern line of the lands of Calfee, thence north 31 degrees 51 minutes 52 seconds east, 282.54 feet to an iron pin; thence north 63 degrees 19 minutes 46 seconds west, 386.37 feet to an iron pin; thence with a line of Voice of Evangelism Outreach Ministries, Inc North 25 degrees 54 minutes 25 seconds east, 528.73 feet to an iron pin; thence along Mulberry subdivision south 65 degrees 12 minutes 35 seconds east, 651 feet, more or less, to the southeast corner of lot 22 of Mulberry subdivision, as recorded in PB 11 page 88; thence in a northeasterly direction 412 feet ,more or less, to the northeast corner of lot 21 of Mulberry subdivision; thence in a south easterly direction 532 feet, more or less, to the southeast corner of lot 24 of Rolling Meadows Phase III Subdivision, as recorded in BCROD PB 11 page 49; thence crossing the railroad right of way with the same bearing 112 feet ,more or less, to a point in the eastern right p. 381 REGULAR SESSION APRIL 10, 2017 PAGE -21- MINUTE BOOK 28 of way of the railroad, said point being located in the existing right of way; thence in a southwesterly direction with the eastern line if the railroad right if way and the existing City Limits, 2295 feet, more or less, to a point where if the southern line of the lands of Voice of Evangelism Outreach Ministries, Inc were extend, it would intersect the eastern railroad right of way; thence leaving the railroad right of way and the existing City Limits north 66 degrees 5 minutes 23 seconds west, 112 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. [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. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Resolution No: 2017-17 be approved as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was the presented in full: ZONING ORDINANCE NO: 2017-15 AN ORDINANCE TO ZONE THE “URBANE RD AND TILLIE RD NE ANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 10th day of April 2017 a notice thereof published in the Cleveland Daily Banner on March 26, 2017 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by resolution 2017-16; and, WHEREAS, this property was annexed by resolution 2017-17; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: p. 382 REGULAR SESSION APRIL 10, 2017 PAGE -22- MINUTE BOOK 28 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 MU Mixed Use Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and shall be zoned in accordance with the legal description 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. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B Legal Description Beginning at an iron pin located the southeast corner of the lands of Voice of Evangelism Outreach Ministries, Inc, as recorded in BCROD deed book 2238 page 425; thence north 66 degrees 5 minutes 23 seconds west, 2479.75 feet to an iron pin located at the southwest corner of the lands of Voice of Evangelism Outreach Ministries, Inc; thence continuing with the same heading 60 feet, more or less, to a point in the western right of way of Urbane Road; thence with the right of way of Urbane Road in the northerly direction, 245 feet, more or less, to the northwest corner of the intersection of Urbane Road and Tillie Drive; thence in a southeasterly direction with the northern right of way of Tillie Drive 1745 feet, more or less, to an iron pin located at the southwest corner of the lands of James Calfee, as recorded in BCROD PB 10 page 342; thence with the eastern line of the lands of Calfee, thence north 31 degrees 51 minutes 52 seconds east, 282.54 feet to an iron pin; thence north 63 degrees 19 minutes 46 seconds west, 386.37 feet to an iron pin; thence with a line of Voice of Evangelism Outreach Ministries, Inc North 25 degrees 54 minutes 25 seconds east, 528.73 feet to an iron pin; thence along Mulberry subdivision south 65 degrees 12 minutes 35 seconds east, 651 feet, more or less, to the southeast corner of lot 22 of Mulberry subdivision, as recorded in PB 11 page 88; thence in a northeasterly direction 412 feet ,more or less, to the northeast corner of lot 21 of Mulberry subdivision; thence in a south easterly p. 383 REGULAR SESSION APRIL 10, 2017 PAGE -23- MINUTE BOOK 28 direction 532 feet, more or less, to the southeast corner of lot 24 of Rolling Meadows Phase III Subdivision, as recorded in BCROD PB 11 page 49; thence crossing the railroad right of way with the same bearing 112 feet ,more or less, to a point in the eastern right of way of the railroad, said point being located in the existing right of way; thence in a southwesterly direction with the eastern line if the railroad right if way and the existing City Limits, 2295 feet, more or less, to a point where if the southern line of the lands of Voice of Evangelism Outreach Ministries, Inc were extend, it would intersect the eastern railroad right of way; thence leaving the railroad right of way and the existing City Limits north 66 degrees 5 minutes 23 seconds west, 112 feet, more or less, to the point of beginning. Councilman May moved that Zoning Ordinance No: 2017-15 be voted for passage on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following Resolution was the presented in full: RESOLUTION NO: 2017-18 A RESOLUTION AUTHORIZING THE CLEVELAND CITY SCHOOLS TO PURCHASE ARTIFICIAL TURF FOR THE CLEVELAND HIGH SCHOOL FOOTBALL FIELD WHEREAS, the Cleveland City School Board has approved of the installation of artificial turf for the football field at Cleveland High School; and, WHEREAS, at its March 9, 2017 board meeting, the Cleveland City School Board approved of an agreement with Greenfields, an East Tennessee manufacturer of outdoor athletic field coverings, to install this turf for the football field at a significant discount; and WHEREAS, this agreement and purchase is further described in a letter dated April 6, 2017 from Attorney Charles W. Cagle, the attorney for the Cleveland City Schools Board of Education, to Dr. Russell Dyer, the Director of Schools; and WHEREAS, the letter dated April 6, 2017 from Attorney Charles W. Cagle to Dr. Russell Dyer is attached hereto and incorporated herein by reference to this Resolution; and WHEREAS, the agreement and purchase of the turf is for a total dollar amount of $774,628.00, which amount will be paid by the Cleveland City Schools to Greenfields out of the City schools' fund balance over the next three 3 years as follows: Payment 1 on or before June 30, 2017: $274,628.00 Payment 2 on or before June 30, 2018: $250,000.00 Payment 3 on or before June 30, 2019: $250,000.00 TOTAL $774,628.00 WHEREAS, the City Council of the City of Cleveland is required to approve of this purchase as the funding body for Cleveland City schools because installment payments create a contingent liability for the school system for which future budget appropriations will be required. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Cleveland, Tennessee that the Cleveland City Schools be authorized to enter into an agreement with Greenfields for the acquisition and installation of the turf for the Cleveland High School football field. p. 384 REGULAR SESSION APRIL 10, 2017 PAGE -24- MINUTE BOOK 28 Adopted this 10th day of April, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution No: 2017-18 be approved as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Mayor Rowland stated City Offices will be closed Friday, April 14 in observance of Good Friday. Also, the Old Timers Banquet will be held that same evening at 6:00 p.m. at the Museum. On May 8 at 11:30 a.m. there will be the joint City Council/County Commission meeting. There being no future business the meeting was adjourned at 3:56 p.m. _________________________________ ______________________________ Mayor City Clerk