Cleveland City Council

p. 633 REGULAR SESSION OCTOBER 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, OCTOBER 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; Christy Brandon, Support Services Manager; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Jeff Davis, Personnel Director, Executive Secretary Beverley Lindsey; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Brian Moran, Social Media Coordinator; Bethany McCoy with Lee University; City Reporter Randall Higgins; Tad Bacon with Cleveland Utilities; Gary Farlow and Doug Berry with the Chamber of Commerce; Verrill Norwood, Airport Authority Member; Sharon Marr with Mainstreet Cleveland; Charlotte Peak; Paul Rice; Mark Anderson; Phillip McManus; Kelvin Page; Lake Mantooth; Jeff McWhitter; Chad Dean; Max Phillips; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Kelvin Page with Westmore Church of God, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on September 25, 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 Mayor Rowland stated today’s meeting is 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 stated he represents the property owner Phillip McManus and this is a unique property where the front two acres are in the city and the back five acres are in the county. Originally, the developer asked for an R2 zoning but concerns from the Foxfire Subdivision residents. After meeting with the residents, hearing their concerns and trying to accommodate them, his client changed his request that the property be brought into the city zoned as R1. Mayor Rowland then asked if anyone would like to speak in opposition of 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 5.1 acres located at Michigan Ave Rd and Foxfire Rd NE 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 to the zoning. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 634 REGULAR SESSION OCTOBER 23, 2017 PAGE -2- MINUTE BOOK 28 CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Zoning Ordinance No: 2017-50 – heretofore approved on first reading September 25, 2017 and found in Minute Book 28, Page 629; rezoning .46 acres from PI Professional Institutional to R2 Low Density Single and Multi-Family for a property located at 3010 Henderson Ave NW (Planning Commission: Approved 8-0; 1 member absent). • Final Passage - Ordinance No: 2017-51 – heretofore approved on first reading September 25, 2017 and found in Minute Book 28, Page 629; amending Title 15, Chapter 1, Section 15-134(7) of the Municipal Code relative to wearing of seat belts and to provide an increased fine from $25 to $30 for a first offense as mandat3ed by State Law. • Resolution No: 2017-68 – Authorizing the Mayor to sign a supplemental agreement with Passpointe Engineering for Ocoee Greenway Connector design work. RESOLUTION NO. 2017-68 WHEREAS, the City of Cleveland and Passpointe Engineering, PLLC previously entered into a professional services agreement dated May 27, 2014 for Professional Engineering Services for the Ocoee Greenway Connector (Tinsley Park to Ocoee Street @ Ocoee Crossing); and WHEREAS, the City Council approved Supplement #1 to this agreement by Resolution 2015- 18 on March 9, 2015; and WHEREAS, the City has recently received the attached Supplemental Agreement #2 to the agreement with Passpointe Engineering, PLLC, which would raise the total contract amount by $1,827.21 to $71,716.21; and WHEREAS, based upon the recommendation of City staff, the City Council desires to approve of this Supplemental Agreement #2 and to further authorize the Mayor to execute the supplemental agreement #2 order on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached Supplemental Agreement #2 to the referenced agreement with Passpointe Engineering, PLLC, and it further authorizes the Mayor to execute the supplemental agreement on behalf of the City of Cleveland. This 23rd day of October, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-69 - Authorizing a loan agreement in the principal amount of not to exceed $430,000 for Water Facilities Project. p. 635 REGULAR SESSION OCTOBER 23, 2017 PAGE -3- MINUTE BOOK 28 AUTHORIZING RESOLUTION NO: 2017-69 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 2018-205 (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 FOUR HUNDRED THIRTY THOUSAND Dollars ($430,000) 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 FOUR HUNDRED THIRTY THOUSAND Dollars ($430,000) for the purpose of funding all or a portion of the total estimated cost of the Project ONE MILLION SIX HUNDRED TWENTY FIVE THOUSAND Dollars ($1,625,000), 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. p. 636 REGULAR SESSION OCTOBER 23, 2017 PAGE -4- MINUTE BOOK 28 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) • Resolution No: 2017-70 –Authorizing the Mayor to sign a grant application for the 2018 TML Safety Partners Matching Driver Safety Grant (50/50; city match $5,000). RESOLUTION NO: 2017-70 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE TML RISK MANAGEMENT POOL “DRIVER SAFETY” MATCHING GRANT PROGRAM WHEREAS, the safety and well being of the employees and citizens of the City of Cleveland, Tennessee are of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace and to increase safe driving practices for the City of Cleveland employees; and WHEREAS, the TML Risk Management Pool seeks to encourage a safe workplace and safe operation of motor vehicles by offering the “Driver Safety” Matching Grant Program; and, WHEREAS, the City of Cleveland previously participated in the program in prior years and now seeks to participate again in this important program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, THAT: The City of Cleveland is hereby authorized to submit an application for the above referenced program through the Loss Control Department of the Risk Management Pool for an award of $5,000. The City agrees that if the award is obtained, matching funds in an amount not to exceed $5,000 will be provided. p. 637 REGULAR SESSION OCTOBER 23, 2017 PAGE -5- MINUTE BOOK 28 Adopted this 23rd day of October, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-71 – Authorizing the application for the Pool’s Property Conservation matching grant program (50/50; city match $2,500). RESOLUTION NO: 2017-71 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE POOL’S “PROPERTY CONSERVATION" MATCHING GRANT PROGRAM WHEREAS, the citizens of the City of Cleveland have entrusted this administration with the care and custody of city-owned property; and WHEREAS, all efforts shall be made to protect city-owned property from various perils that may arise for the City of Cleveland; and WHEREAS, The Pool seeks to encourage members with property coverage to develop and implement a property conservation program by offering the Property Conservation Matching Grant Program; and WHEREAS, the City of Cleveland desires to participate in this important program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, THAT: The City of Cleveland is hereby authorized to submit an application for Property Conservation Matching Grant Program through the Loss Control Department of The Pool for an award of $5,000. The City agrees that if the award is obtained, matching funds in an amount not to exceed $5,000 will be provided. Adopted this 23rd day of October, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Street Light Recommendation – Larry Csehil at 1572 Redwood Drive NE (Cleveland Utilities recommends the addition of one 51-watt LED cobra fixture and tree trimming in the area, which will be conducted by City staff). • Street Light Recommendation – Deborah Laughlin at the intersection of Blackburn Road and Midfield Circle SE (Cleveland Utilities recommends the addition of a 51- watt LED cobra fixtures at the intersection of Blackburn Road and Midfield Circle and also one at Midfield Circle and Scenic Drive SE). p. 638 REGULAR SESSION OCTOBER 23, 2017 PAGE -6- MINUTE BOOK 28 • Surplus Property – Declaring a vehicle surplus property and to be sold on Govdeals.com for the Animal Control Department. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda Carroll DATE: October 17, 2017 SUBJECT: SURPLUS VEHICLE I respectfully request the City Council declare the following vehicle for Animal Control department surplus: • 2001 – 1500 Chevrolet Silverado 4 x 4 VIN# 1GCEK14V92Z158024 This vehicle will be placed on Govdeals.com with a minimum bid of $2,000. Councilman Banks moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Banks stated leaf collection is upon us and Public Works would start. Mr. Myers replied currently, there is a truck running the route. We officially begin November 1. Councilman May inquired about the new equipment. Mr. Myers stated they received three new leaf machines and anticipate them doing well this season. Councilman Hughes asked about the guidelines for leaves. Mr. Myers stated if you put them on the street don’t let them block traffic, don’t put them near catch basins, which could stop the flow of water and put them as close to the street curb as possible. Councilman Banks also asked for the link to Country Living magazine to be included in the minutes, which featured Cleveland as number 4 in its 15 Best Small Towns in Tennessee article. http://www.countryliving.com/life/travel/g4881/best-small-towns-in- tennessee/?src=socialflowFB Councilman Estes thanked Mr. Myers for the work on Centenary Avenue for October 31 and again request to close Harle up to Willow to 14th Street. It makes the area safer for the Block Party. Also, the new flag pole being installed at Arnold School by the Historic Neighborhood Association looks great and encourages everyone to take a look. Councilman Banks stated Lee University has made a big contribution to the flag pole as well. Councilman Estes then reminded everyone that Saturday at 4:00 p.m. is the Blythe Oldfield dedication. They are expecting at least 1,000 people. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION NO: 2017-72 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT MICHIGAN AVE-FOXFIRE RD NE ANNEXATION AREA p. 639 REGULAR SESSION OCTOBER 23, 2017 PAGE -7- 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 by owner consent; and WHEREAS, a Plan of Services for the territory proposed for annexation by owner consent has been reviewed by the Cleveland Municipal Planning Commission; and WHEREAS, the governing body desires to conduct a public hearing on the proposed annexation and plan of services; NOW THEREFORE BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That a public hearing is hereby held at 3:00 pm on October 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: Beginning in the eastern line of Michigan Avenue Road at the northwest corner of the lands of Phillip McManus, as recorded in BCROD deed book 1083 page 939; thence with the northern line of the lands of McManus in an easterly direction, 200 feet, to a point where the northern line of the lands of McManus intersects the existing City Limits, said point begin the true point of beginning; thence continuing with the northern line of the lands of McManus in an easterly direction, 490 feet, more or less, to the northwest corner of lot 4 of Foxfire Subdivision Section 1; thence following the westernmost lines of Lot 4, 3, 2, and 1 in the Foxfire Subdivision in a southwesterly direction, 552.51 feet, more or less, to the north line of Foxfire Road; thence with said line of Foxfire Road approximately North 64 degrees 3 minutes west, 374.52 feet to a point where the northern line of Foxfire Road intersects the existing City Limits; thence with the existing City Limits in a northerly direction 525 feet, more or less, to the true 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 640 REGULAR SESSION OCTOBER 23, 2017 PAGE -8- MINUTE BOOK 28 SEPTEMBER 17, 2017 MICHIGAN AVE RD- FOXFIRE RD NE ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 5.0 acres located at the intersection of Michigan Ave Rd and Foxfire 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 annexation would annex the remaining 5.0 acres of the parcel described as tax map 51 parcel 24.01. Approximately 2.4 acres is currently within the city and this annexation would result in the entire +/- 7.4 acres being within the corporate limits. The Plan of Services contemplates the impact of the area annexed as well as the impacts of the entire parcel being developed into a single family residential development. Michigan Ave Rd and Foxfire Dr NE p. 641 REGULAR SESSION OCTOBER 23, 2017 PAGE -9- MINUTE BOOK 28 Legal Description Beginning in the eastern line of Michigan Avenue Road at the northwest corner of the lands of Phillip McManus, as recorded in BCROD deed book 1083 page 939; thence with the northern line of the lands of McManus in an easterly direction, 200 feet, to a point where the northern line of the lands of McManus intersects the existing City Limits, said point begin the true point of beginning; thence continuing with the northern line of the lands of McManus in an easterly direction, 490 feet, more or less, to the northwest corner of lot 4 of Foxfire Subdivision Section 1; thence following the westernmost lines of Lot 4, 3, 2, and 1 in the Foxfire Subdivision in a southwesterly direction, 552.51 feet, more or less, to the north line of Foxfire Road; thence with said line of Foxfire Road approximately North 64 degrees 3 minutes west, 374.52 feet to a point where the northern line of Foxfire Road intersects the existing City Limits; thence with the existing City Limits in a northerly direction 525 feet, more or less, to the true 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 would be serviced by Cleveland Fire Department Station 2 immediately upon annexation without increased cost to the Fire Department. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants This parcel is currently served by sanitary sewer, along Michigan Avenue, and water, along Michigan Avenue and Foxfire Rd. Therefore, Cleveland Utilities has met its obligation to serve the proposed annexation area. A developer would have the option of constructing the gravity sanitary sewer or serving the development by the use of individual grinder pumps. In the use of individual grinder pumps, Cleveland Utilities would accept the operation and maintenance of the force main constructed in public right-of-way by the developer. The installation, operation, and maintenance of the individual grinder pumps would be the responsibility of the property owners. 4. Electric Service The proposed annexation area is currently within the Cleveland Utilities electric service area. No improvements or costs are expected as a result of this annexation. 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. p. 642 REGULAR SESSION OCTOBER 23, 2017 PAGE -10- MINUTE BOOK 28 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 would have marginal impacts on the City School system. If the entire site were to be developed to its maximum capacity and with the present rate of $976.59 per pupil the total impact would be approximately $4,394.66. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential in the unincorporated County. It is recommended the post-annexation zoning on this property be R1 Single Family Residential as is the property which is contiguous to this site. p. 643 REGULAR SESSION OCTOBER 23, 2017 PAGE -11- MINUTE BOOK 28 C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 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. If the additional 5 acres are developed to its R1 capacity, it would accommodate approximately 75 residents. Revenue The approximate property for the portion of this property currently located in the unincorporated County is 51,400. This would result in a total assessed value is $12,850. The property tax generated from this area in its current condition would be about $226.87 a year. The area is currently vacant and would not add any additional residents. In addition, there would be no stormwater fee associated with this property. The approximate revenue generated because of this annexation at the time of annexation would be about $226.87. This amount is expected to increase significantly if it developed as expected as it could accommodate approximately 30 residential units. If 30 single family homes were developed, with an average value of $150,000 per unit, on this site it would result in a total land and improvement value of $4,500,000. The assessed value would be $1,125,000 which would result in approximately $23,175 in annual property tax revenue. Councilman Cassada moved that Resolution No: 2017-72 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman May thanked the developer for working with the residents to find a good fit for the neighborhood. p. 644 REGULAR SESSION OCTOBER 23, 2017 PAGE -12- MINUTE BOOK 28 The following Resolution was then presented in full: RESOLUTION NO: 2017-73 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 MICHIGAN AVE RD-FOXFIRE DR NE AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on October 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 in the eastern line of Michigan Avenue Road at the northwest corner of the lands of Phillip McManus, as recorded in BCROD deed book 1083 page 939; thence with the northern line of the lands of McManus in an easterly direction, 200 feet, to a point where the northern line of the lands of McManus intersects the existing City Limits, said point begin the true point of beginning; thence continuing with the northern line of the lands of McManus in an easterly direction, 490 feet, more or less, to the northwest corner of lot 4 of Foxfire Subdivision Section 1; thence following the westernmost lines of Lot 4, 3, 2, and 1 in the Foxfire Subdivision in a southwesterly direction, 552.51 feet, more or less, to the north line of Foxfire Road; thence with said line of Foxfire Road approximately North 64 degrees 3 minutes west, 374.52 feet to a point where the northern line of Foxfire Road intersects the existing City Limits; thence with the existing City Limits in a northerly direction 525 feet, more or less, to the true point of beginning. p. 645 REGULAR SESSION OCTOBER 23, 2017 PAGE -13- MINUTE BOOK 28 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: 2017-73 be accepted as presented. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2017-74 WHEREAS, by Resolution 2008-37 passed on May 12, 2008, the City Council re-named a portion of 15th Street between North Ocoee Street and Parker Street NE as "Billy Graham Avenue" to honor the Reverend Doctor Billy Graham; and WHEREAS, the City Council now desires to extend Billy Graham Avenue from Parker Street NE to Magnolia Avenue NE, and to re-name the section of 15th Street NE between Parker Street NE and Magnolia Avenue NE as Billy Graham Avenue; and WHEREAS, Lee University is the owner of all of the parcels of land that adjoin the section of 15th Street between Parker Street NE and Magnolia Avenue NE, and Lee University is in support of this Resolution; and WHEREAS, from and after the passage of this Resolution, Billy Graham Avenue will extend from North Ocoee Street to Magnolia Avenue NE. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, in regular session assembled, that the City Council does hereby approve of the re-naming of 15th Street, NE, beginning at the intersection of Parker Street, NE and traveling in a generally easterly direction on 15th Street, NE to Magnolia Avenue NE. BE IT FURTHER RESOLVED that from and after the passage of this Resolution, that Billy Graham Avenue shall extend from North Ocoee Street to Magnolia Avenue NE. p. 646 REGULAR SESSION OCTOBER 23, 2017 PAGE -14- MINUTE BOOK 28 ADOPTED this 23rd day of October, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Johnson moved that Resolution No: 2017-74 be accepted as presented. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Mayor Rowland stated the ceremony is set for November 7, which is Mr. Graham’s birthday. He will let everyone know when the time is set. The following Ordinance was then presented in full: ORDINANCE NO: 2017-52 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING TITLE 11, CHAPTER 2, SECTION 11-202(h) OF THE CLEVELAND MUNICIPAL CODE WHEREAS, the Ocoee Region Builders Association presented a request to the City Council at its regular meeting that occurred on August 14, 2017; and WHEREAS, the request was that the City Council consider an amendment to Title 11, Chapter 2, Section 11-202(h) of the Cleveland Municipal Code; and WHEREAS, the City Council desires to amend this code section as requested by the Ocoee Region Builders Association. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 11, Chapter 2, Section 11-202 (h) of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following language: (h) Building operations. The erection (including excavation), demolition, alteration, or repair of any building in any residential area or section or the construction or repair of streets and highways in any residential area or section, other than between the hours of 6:00 A.M. and 10:00 P.M. on week days during daylight savings time, and between the hours of 7:00 A.M. and 9:00 P.M. on week days when daylight savings time is not in effect, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector granted for a period while the emergency continues, not to exceed thirty (30) days. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways between the hours of 10:00 P.M. and 6:00 A.M. on week days during daylight savings time, or between the hours of 9:00 P.M. and 7:00 A.M. on week days when daylight savings time is not in effect, and if he shall further determine that loss or inconvenience would result to any party in interest through delay, he may grant permission for such work to be done between the hours of 10:00 P.M. and 6:00 A.M. on week days during daylight savings time or on week p. 647 REGULAR SESSION OCTOBER 23, 2017 PAGE -15- MINUTE BOOK 28 days between the hours of 9:00 P.M. and 7:00 A.M. when daylight savings time is not in effect, upon application being made at the time the permit for the work is awarded or during the process of the work. Section 2. This ordinance shall take effect from and after its final passage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2017-52 be voted for passage on first reading. The motion was seconded by Councilman Estes. Upon roll call, Councilmen, May, Estes, Banks, McKenzie, Cassada and Hughes voted aye. Vice Mayor Johnson voted no. Councilman Banks moved to pass Ordinance No: 2017-53; increasing the number of Airport Authority Members from five to seven until November 27, 2017. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Councilman May stated he feels the Mayor should be on the Board and we should be better connected. Mayor Rowland stated he would serve once the Ordinance was approved. The following Zoning Ordinance was then presented in full: ZONING ORDINANCE NO: 2017-54 AN ORDINANCE TO ZONE THE “MICHIGAN AVENUE-FOXFIRE RD NE ANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 23rd day of October, 2017 and a notice thereof published in the Cleveland Daily Banner on October 8, 2017; and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution 2017-72; and, WHEREAS, this property was annexed by Resolution 2017-73; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, zoned from FAR Forestry/Agricultural/Residential within the unincorporated County to R1 Single Family Residential Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and 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. p. 648 REGULAR SESSION OCTOBER 23, 2017 PAGE -16- MINUTE BOOK 28 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B Legal Description Beginning in the eastern line of Michigan Avenue Road at the northwest corner of the lands of Phillip McManus, as recorded in BCROD deed book 1083 page 939; thence with the northern line of the lands of McManus in an easterly direction, 200 feet, to a point where the northern line of the lands of McManus intersects the existing City Limits, said point begin the true point of beginning; thence continuing with the northern line of the lands of McManus in an easterly direction, 490 feet, more or less, to the northwest corner of lot 4 of Foxfire Subdivision Section 1; thence following the westernmost lines of Lot 4, 3, 2, and 1 in the Foxfire Subdivision in a southwesterly direction, 552.51 feet, more or less, to the north line of Foxfire Road; thence with said line of Foxfire Road approximately North 64 degrees 3 minutes west, 374.52 feet to a point where the northern line of Foxfire Road intersects the existing City Limits; thence with the existing City Limits in a northerly direction 525 feet, more or less, to the true point of beginning. Councilman Cassada moved that Zoning Ordinance No: 2017-54 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2017-55 AN ORDINANCE OF THE CITY OF CLEVELAND AMENDING TITLE 12 OF THE CLEVELAND MUNICIPAL CODE TO ADD A NEW CHAPTER AND TO ADOPT THE INTERNATIONAL EXISTING BUILDING CODE, 2012 EDITION WHEREAS it is necessary for the City of Cleveland to regulate and govern the repair, alteration, change of occupancy, additions to and relocation of existing buildings, including historic buildings, and p. 649 REGULAR SESSION OCTOBER 23, 2017 PAGE -17- MINUTE BOOK 28 WHEREAS, the City Council desires to encourage the use and reuse of existing buildings that adequately protect public health, safety, welfare; provisions that do not necessarily increase construction costs; provisions that do not restrict the use of new materials, products or methods of construction; provisions that do not give preferential treatment of particular types or classes of materials, products, or methods of construction. WHEREAS, the City Council desires to adopt an existing building code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: TITLE 12, CHAPTER 14: INTERNATIONAL EXISTING BUILDING CODE Section 1. 12-1401: Adopted. Pursuant to the authority granted by Tennessee Code Annotated 6-54-502, a certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the International Existing Building Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Existing Building Code of the City of Cleveland, Tennessee for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as provided in said code; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Existing Building Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as is fully set out in this legislation, with the additions, insertions, deletions and changes prescribed below. The following sections are hereby revised: 1. Section 101.1 Insert "City of Cleveland Tennessee" in (Name of Jurisdiction) 2. Section 1401.2 Insert "November 13, 2017" in (Date in One Location) 12-1402: Available in Clerk's Office: Pursuant to the requirements of Tennessee Code Annotated 6-54-502, one (1) copy of the International Existing Building Code, 2012 edition, has been placed on file in the City Clerk's office and shall be kept there for the use and inspection of the public. Section 2. This Ordinance shall become effective upon final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Ordinance No: 2017-55 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO. 2017-75 p. 650 REGULAR SESSION OCTOBER 23, 2017 PAGE -18- MINUTE BOOK 28 WHEREAS, the Bradley County Commission has recently approved a Series VII-P-1 Loan agreement dated 10/1/2017 for the purposes of, among other things, constructing, improving, renovating and equipping of County schools and school facilities; and WHEREAS, in connection with this loan and the corresponding issuance of bonds, the County will cause 35.38% of each disbursement of bond proceeds, for a total of $5,477,098.92, plus interest earned thereon, to be paid to the City in satisfaction of the legal requirements of Tennessee Code Annotated 12-10-115(c) and Tennessee Code Annotated 49-3-1103; and WHEREAS, in connection with this loan agreement and the corresponding issuance of bonds, the County has provided the attached certificate to the City to be approved and executed by the City; and WHEREAS, the City Council of the City of Cleveland desires to approve of the Certificate, and to authorize the Mayor to execute the same on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the certificate and authorize the Mayor to execute the same on behalf of the City. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks stated the funds, which the School Board has agreed will be used for the new Candy’s Cherokee Elementary School. Mayor Rowland stated correct. Councilman Estes moved that Resolution No: 2017-75 be approved as presented. The motion was seconded by Councilman May; and upon call, unanimously passed. Councilman Cassada stated he would like to change his vote to a no for Ordinance No: 2017-52. Mayor Rowland stated you can change your vote on final reading at the next meeting. Mr. Fivas stated a selection committee has been appointed to select a consultant for downtown design work and at the next meeting on November 13 we will have some of the narrowed down presentations for the Council to consider. Councilman Banks stated he received a call from Joe Stamper, who was on the committee, and he wanted to know if this was going to be the same, get a study and not follow through. Mr. Fivas stated you have a downtown masterplan and this will actually give you specific pictures of the corridor and much more focused so, as a Council, this is what you will use to move forward to implement changes. Charlotte Jones stated she would like to thank Shawn McKay’s office for the great job on the city taxes and also, the monthly bank draft, which is incredibly helpful. She encouraged others to participate in the program. City Offices will be closed on Friday, November 10 in observation of Veteran’s Day. There being no future business the meeting was adjourned at 3:19 p.m. _________________________________ ______________________________ Mayor City Clerk