Cleveland City Council

p. 544 REGULAR SESSION JULY 22, 2019 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JULY 22, 2019 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson; Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Ken Webb. 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, Assistant City Clerk; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, Public Works Director; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Kim Spence, Human Resource Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Mike Griffin and Doug Berry with the Chamber of Commerce; Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Elizabeth Huard; Wayne Finnell; Candy Tapper and Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Wayne Finnell with Westwood Baptist Church 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 July 8, 2019 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 7.42 acres located at 1396 Lewis St NE and a resolution to adopt a Plan of Service for the annexation area. Corey Divel gave a brief staff report and stated the item was approved by the Planning Commission 8-0; with 1 member not sworn in. Mayor Brooks asked if anyone would like to speak in favor of the annexation and plan of service. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition of the annexation and plan of service. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the zoning of about 7.42 acres located at 1396 Lewis St NE from the unincorporated county to MU Mixed Use Zoning District. Corey Divel gave a brief staff report and stated the item was approved by the Planning Commission 8-0; with 1 member not sworn in. Mayor Brooks asked if anyone would like to speak in favor of the zoning. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition of the zoning. No one spoke. Mayor Brooks then declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Ordinance No: 2019-33 – heretofore passed on first reading July 8, 2019 and found in Minute Book 29, Page 536; amending PUD21 to allow for an amendment to the regulations governing ground signs at Bradley Square Mall (Planning Commission: Approved 7-0; 2 members absent). p. 545 REGULAR SESSION JULY 22, 2019 PAGE -545- MINUTE BOOK 29 • Final Passage - Zoning Ordinance No: 2019-34 – heretofore passed on first reading July 8, 2019 and found in Minute Book 29, Page 538; rezoning 1.31 acres located at 3450 Adkisson Dr NW (Tax Map 041D Group G Parcels 013.00) from R2 Low Density Single and Multi-Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved 7-0; 2 members absent). • Final Passage - Ordinance No: 2019-35 – heretofore passed on first reading July 8, 2019 and found in Minute Book 29, Page 539; amending Title 15, Chapter 1, Section 15-141 of the Municipal Code relative to the use of a wireless telecommunications device or a stand-alone electronic device while operating a motor vehicle. • Resolution No: 2019-69 – Authorizing the Mayor to sign an agreement with ESRI for the City’s GIS Software Licenses. RESOLUTION NO. 2019-69 WHEREAS, the City has received the attached license agreement from Environmental Systems Research Institute Inc., which license agreement is necessary for continued use and operation of the City’s GIS system; and WHEREAS, the City Council desires to enter into this license agreement with Environmental Systems Research Institute Inc., and to further authorize the Mayor to execute this agreement on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached license agreement with Environmental Systems Research Institute Inc. and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 22nd day of July, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-70 – Accepting Angie Lane as a city street. RESOLUTION NO: 2019-70 WHEREAS, Angie Lane is a street shown by a plat recorded on 07/17/2019 in Plat Book 36, page 20, in the Register of Deeds’ Office of Bradley County, Tennessee; and WHEREAS, Angie Lane is located inside the City limits of the City of Cleveland; and WHEREAS, the developer of Angie Lane has requested that the City accept Angie Lane as City street; and WHEREAS, City engineering staff have inspected Angie Lane to confirm that construction of this street is to City of Cleveland street construction standards; and WHEREAS, City engineering staff is now recommending that the City accept Angie Lane as a City street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Angie Lane as City Streets. p. 546 REGULAR SESSION JULY 22, 2019 PAGE -546- MINUTE BOOK 29 This 22nd day of July, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-71 – Authorizing the Mayor to sign an agreement with Cleveland Utilities relative to the installation of the pickleball courts at Tinsley Park. RESOLUTION NO. 2019-71 WHEREAS, the City is in the process of constructing Pickleball courts at Tinsley Park; and WHEREAS, in connection with this installation, representatives of the City and Cleveland Utilities have discussed the location of the courts in relation to a sewer main and desire to enter into an agreement to define the responsibilities of the parties concerning the installation and the possibility of future repair to the sewer main after the courts are installed; and WHEREAS, in connection with this installation the parties have prepared the attached agreement, and the City Council now desires to enter into the attached agreement with Cleveland Utilities, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached agreement with Cleveland Utilities, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 22nd day of July, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – Automotive Paint & Body Services AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: July 22, 2019 RE: Bid Summary – Automotive Paint & Body SUMMARY: Sealed bids were opened on July 16, 2019, for Automotive Paint & Body Service. Only one bid was received and is listed below: p. 547 REGULAR SESSION JULY 22, 2019 PAGE -547- MINUTE BOOK 29 Advanced Collision: • Body Labor $44.00/hr • Paint Labor $44.00/hr • Paint Supplies Labor $34.00/hr • Frame Work Labor $64.00/hr • Mechanical Labor $74.00/hr COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff is recommending award to Advanced Collision. The term of the contract will be for a one-year period beginning August 1, 2019. • Bid Report – Electrical Services AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: July 22, 2019 RE: Bid Summary – Electrical Service/Maintenance SUMMARY: Sealed bids were received on July 17, 2019, for Electrical Service/Maintenance. The bids are listed below: • Adman Electric $40.00/hr (Apprentice) Cleveland, TN $60.00/hr (Journeyman)_ • Conley Electric Cleveland, TN $32.00/hr _____ • Eaton McCaskill Electrical Contractors Charleston, TN $55.00/hr_____________ • Light’n Electric Cleveland, TN $48.00/hr_____________ • Massey Electric Cleveland, TN $45.00/hr_____________ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. p. 548 REGULAR SESSION JULY 22, 2019 PAGE -548- MINUTE BOOK 29 RECOMMENDATION: Staff is recommending award to Conley Electric. The term of the contract will be for a one-year period beginning August 1, 2019. • Bid Report – Plumbing Services AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: July 22, 2019 RE: Bid Summary – Plumbing Service/Maintenance SUMMARY: Sealed bids were received on July 17, 2019, for Plumbing Service /Maintenance. Only one bid was received and is listed below: • Goodaker Plumbing Cleveland, TN $55.00/hr _____ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff is recommending award to Goodaker Plumbing. The term of this contract will be for a one-year period beginning August 1, 2019. • Bid Report – HVAC Services AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: July 22, 2019 RE: Bid Summary – HVAC Service/Maintenance SUMMARY: The City of Cleveland advertised to accept sealed bids for HVAC Service/Maintenance on Wednesday, July 17, 2019, at 10:00 a.m.; however, no bids were received by the advertised bid date and time. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: None. p. 549 REGULAR SESSION JULY 22, 2019 PAGE -549- MINUTE BOOK 29 RECOMMENDATION: At this time staff will continue to use the current service provider. Staff will review bids specifications and discuss with area vendors. Service will be rebid in the future. • Appointment – Library Board – Amy Moore for a 3-year term to expire June 30, 2022. • Motion – Declaring the service weapon of Lieutenant Steve Tyson as surplus property and given to him as a token of the City’s appreciation for his dedicated years of service. The motion to approve the consent agenda was seconded by Councilman Webb; and upon roll call, the motion was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Webb asked for an update on the culvert project on 20th Street near Michigan Avenue. Mr. Fivas replied it is a state project, which was to be expedited. He will check with them and follow up with an email. Councilman Cassada stated it was brought to his attention that we are losing additional downtown parking. First Presbyterian Church is beginning their construction project and closing the lot along Central Avenue between Parker St. and Church St. today. Mayor Brooks stated during the break they were celebrating the 25th Anniversary and 50th Birthday of Derrick Kinsey with the Boys and Girls Club and they have inquired about a flashing yellow light, for the exit of their buses at Oak and 3rd Streets. He then thanked staff for their work on the Build Grant application. It had a lot of information and was done in a timely manner. Lastly, the thanked Tim Sinead with the Cleveland Daily Banner for the coverage about littering in Cleveland. The residents of Weeks Drive requested no littering signs, which were installed within a day of the request. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION NO: 2019-66 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT 1396 LEWIS ST 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 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 July 22, 2019 at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: p. 550 REGULAR SESSION JULY 22, 2019 PAGE -550- MINUTE BOOK 29 Beginning at a point in the easternmost right of way of Lewis Street, said point being marked by a fence corner at the southwesternmost corner of the herein conveyed tract, being recorded in BCROD deed book 1837 page 893; thence running with and along the aforementioned right of way of Lewis Street, North 22 degrees 26 minutes 01 second East, 165.26 feet to a point; thence North 20 degrees 07 minutes 18 seconds East, 39.80 feet to a point; thence North 40 degrees 36 minutes 35 seconds East, 96.74 feet to a point marked by a concrete right of way monument; thence North 29 degrees 10 minutes 35 seconds East, 110.29 feet to a point marked by a concrete right of way monument; thence South 82 degrees 45 minutes 55 seconds East, 184.51 feet to a point marked by a concrete right of way monument; thence South 75 degrees 01 minutes 44 seconds East, 130.77 feet to a point marked by a concrete right of way marker; thence South 19 degrees 27 minutes 41 seconds East, 445.18 feet to a point; thence South 78 degrees 31 minutes 44 seconds East; 244.89 feet to a point marked by a concrete right of way monument; thence with and along APD 40, R= 2376.48’ Arc= 268.16 feet to a point; said point being the northeasternmost corner of the lands of Dewitt Waters as conveyed in Book 1565, page 424; thence with and along the northernmost line of the aforementioned lands of Waters, North 65 degrees 20 minutes 51 seconds West, 1029.50 feet to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk MARCH 14, 2019 1396 LEWIS ST ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 7.42 acres located at 1396 Lewis St 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 2019. This report begins with a brief overview of the annexation process and the report then turns to a proposed Plan of Services (POS) for the annexation area. The services described are those that would be necessary for the City to provide under Tennessee law. This area is proposed to receive city services in accordance with the POS. p. 551 REGULAR SESSION JULY 22, 2019 PAGE -551- MINUTE BOOK 29 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. The subject parcel is not contiguous with the existing city limits and will require an agreement with Bradley County concerning services to the intervening properties. The property is situated along APD 40 which is a state route so minimal impact to the County is anticipated. The owner has requested MU Mixed Use as the post-annexation zoning however no end user has been identified. The property is described as Tax Map 58B Group C Parcel 11.00. 1396 Lewis St Legal Description Beginning at a point in the easternmost right of way of Lewis Street, said point being marked by a fence corner at the southwesternmost corner of the herein conveyed tract, being recorded in BCROD deed book 1837 page 893; thence running with and along the aforementioned right of way of Lewis Street, North 22 degrees 26 minutes 01 second East, 165.26 feet to a point; thence North 20 degrees 07 minutes 18 seconds East, 39.80 feet to a point; thence North 40 degrees 36 minutes 35 seconds East, 96.74 feet to a point marked by a concrete right of way monument; thence North 29 degrees 10 minutes 35 seconds East, 110.29 feet to a point marked by a concrete right of way monument; thence South 82 degrees 45 minutes 55 seconds East, 184.51 feet to a point marked by a concrete right of way monument; thence South 75 degrees 01 minutes 44 seconds East, 130.77 feet to a point marked by a concrete right of way marker; thence South 19 degrees 27 minutes 41 seconds East, 445.18 feet to a point; thence South 78 degrees 31 minutes 44 seconds East; 244.89 feet to a point marked by a concrete right of way monument; thence with and along APD 40, R= 2376.48’ Arc= 268.16 feet to a point; said point being the northeasternmost corner of the lands of Dewitt Waters as conveyed in Book 1565, page 424; thence with and along the northernmost line of the aforementioned lands of Waters, North 65 degrees 20 minutes 51 seconds West, 1029.50 feet to the point of beginning. p. 552 REGULAR SESSION JULY 22, 2019 PAGE -552- MINUTE BOOK 29 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 The Cleveland Fire Department could provide immediate service to this parcel from our current Station 3. Providing service to this parcel would have no budgetary impact on the Fire Department. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water service is available to this parcel. B. Sanitary Sewer--- Sanitary sewer facilities will need to be extended to serve this parcel. To provide sanitary sewer facilities, it is estimated to cost $40,000 and can be completed within eight (8) years after annexation. C. Fire Hydrants--- Fire protection is available to this parcel SUMMARY OF COSTS Water Sanitary Sewer Total 1396 Lewis Street Annexation Area $0 $40,000 $40,000 4. Electric Service This area is located within the Cleveland Utilities service area and there is presently a single phase line in front of this property on Lewis Street. A 3-Phase line on Benton Pike is also readily available. 5. Public Works A. Refuse Collection a. Current city policies regarding residential, commercial and industrial refuse will apply in all proposed areas per the terms of the City’s contract with Waste Connections of Tennessee, Inc. b. The City no longer provides curbside recycling and this service will not be provided in the proposed areas, unless the City Council initiates a program in the future. B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. p. 553 REGULAR SESSION JULY 22, 2019 PAGE -553- MINUTE BOOK 29 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 It is anticipated that the site would be predominantly developed for commercial use. If the site does develop residentially, the current cost to the school system is $976.59 per student per year. 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 C-2 General Commercial Zoning in the unincorporated County. The property is proposed for MU Mixed Use Zoning District as its post- annexation zoning. p. 554 REGULAR SESSION JULY 22, 2019 PAGE -554- MINUTE BOOK 29 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 2nd City Council District as it is currently used. 10. Stormwater a. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is billed on the Cleveland Utilities monthly water bill. The monthly fee will be $1.63. b. All new development will need to adhere to the City of Cleveland Stormwater Ordinance. c. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. Revenue The property is currently vacant with a total assessed value of $178,300. At the City’s current tax rate this would result in approximately $1,469.19 in annual property tax. Given the properties proximity along APD40, a reasonable estimate of a highest and best use scenario would result in property tax generation of approximately $8,500 per acre. This estimate is based on uses such as fuel service facilities, restaurants, retail sales or similar uses. Removing future right-of-way and infrastructure, approximately 6.5 acres of this site could reasonably be expected to be developed resulting in approximately $55,250 per year in property tax. Councilman May moved that Resolution No: 2019-66 be accepted as presented. The motion was seconded by Councilman Hughes. Councilman Estes inquired as to the costs and timeline to provide services, since it is not contiguous to the City. Mr. Divel stated water is already there and we would have eight years for sewer. Mr. Fivas stated mostly in mixed uses, the developer would add their own sewer line. Mr. Dival stated yes, if it is before the eight years, the developer will be responsible. Upon roll call the motion was unanimously passed. The Resolution was then presented in full: RESOLUTION NO: 2019-67 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 p. 555 REGULAR SESSION JULY 22, 2019 PAGE -555- MINUTE BOOK 29 1396 LEWIS ST ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and 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 July 22, 2019. 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 a point in the easternmost right of way of Lewis Street, said point being marked by a fence corner at the southwesternmost corner of the herein conveyed tract, being recorded in BCROD deed book 1837 page 893; thence running with and along the aforementioned right of way of Lewis Street, North 22 degrees 26 minutes 01 second East, 165.26 feet to a point; thence North 20 degrees 07 minutes 18 seconds East, 39.80 feet to a point; thence North 40 degrees 36 minutes 35 seconds East, 96.74 feet to a point marked by a concrete right of way monument; thence North 29 degrees 10 minutes 35 seconds East, 110.29 feet to a point marked by a concrete right of way monument; thence South 82 degrees 45 minutes 55 seconds East, 184.51 feet to a point marked by a concrete right of way monument; thence South 75 degrees 01 minutes 44 seconds East, 130.77 feet to a point marked by a concrete right of way marker; thence South 19 degrees 27 minutes 41 seconds East, 445.18 feet to a point; thence South 78 degrees 31 minutes 44 seconds East; 244.89 feet to a point marked by a concrete right of way monument; thence with and along APD 40, R= 2376.48’ Arc= 268.16 feet to a point; said point being the northeasternmost corner of the lands of Dewitt Waters as conveyed in Book 1565, page 424; thence with and along the northernmost line of the aforementioned lands of Waters, North 65 degrees 20 minutes 51 seconds West, 1029.50 feet to the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. 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. p. 556 REGULAR SESSION JULY 22, 2019 PAGE -556- MINUTE BOOK 29 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 Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution No: 2019-67 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ZONING ORDINANCE NO: 2019-36 AN ORDINANCE TO ZONE THE “1396 LEWIS ST ANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 8th day of April 2019 a notice thereof published in the Cleveland Daily Banner on March 24, 2019 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2019-66; and, WHEREAS, this property was annexed by Resolution No: 2019-67; 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 C2 General Commercial 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 557 REGULAR SESSION JULY 22, 2019 PAGE -557- MINUTE BOOK 29 Exhibit A Exhibit B Legal Description Beginning at a point in the easternmost right of way of Lewis Street, said point being marked by a fence corner at the southwesternmost corner of the herein conveyed tract, being recorded in BCROD deed book 1837 page 893; thence running with and along the aforementioned right of way of Lewis Street, North 22 degrees 26 minutes 01 second East, 165.26 feet to a point; thence North 20 degrees 07 minutes 18 seconds East, 39.80 feet to a point; thence North 40 degrees 36 minutes 35 seconds East, 96.74 feet to a point marked by a concrete right of way monument; thence North 29 degrees 10 minutes 35 seconds East, 110.29 feet to a point marked by a concrete right of way monument; thence South 82 degrees 45 minutes 55 seconds East, 184.51 feet to a point marked by a concrete right of way monument; thence South 75 degrees 01 minutes 44 seconds East, 130.77 feet to a point marked by a concrete right of way marker; thence South 19 degrees 27 minutes 41 seconds East, 445.18 feet to a point; thence South 78 degrees 31 minutes 44 seconds East; 244.89 feet to a point marked by a concrete right of way monument; thence with and along APD 40, R= 2376.48’ Arc= 268.16 feet to a point; said point being the northeasternmost corner of the lands of Dewitt Waters as conveyed in Book 1565, page 424; thence with and along the northernmost line of the aforementioned lands of Waters, North 65 degrees 20 minutes 51 seconds West, 1029.50 feet to the point of beginning. Councilman Webb moved that Zoning Ordinance No: 2019-36 be approved 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: 2019-68 WHEREAS, City representatives have been in discussion with Bradley County representatives concerning the attached Interlocal agreement between the City and the County in connection with the annexation of a parcel of property owned by James F. Williams, Diane Williams, Joseph Michael Montgomery and Leslie Montgomery which parcel is located at 1396 Lewis Street NE, and which is generally described as Tax Map 58B Group C Parcel 011.00 ; and WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting meeting on July 1, 2019; and p. 558 REGULAR SESSION JULY 22, 2019 PAGE -558- MINUTE BOOK 29 WHEREAS, the City Council desires to approve of this Interlocal Agreement with Bradley County; and WHEREAS, the City Council further desires to authorize the Mayor to execute the Interlocal agreement with Bradley County 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 Interlocal Agreement between the City of Cleveland and Bradley County. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Interlocal agreement on behalf of the City. This 22nd day of July, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Resolution No: 2019-68 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO. 2019-72 WHEREAS, the City of Cleveland and Greenstar, LLC. previously entered into a construction agreement dated July 15, 2019 for the following project: Project: Norman Chapel Road Improvements PIN: 114567.00 State Project Number: 06LPLM-F3-027 Federal Project Number: STP-M-9203(18) Contract Number: R-1-18 WHEREAS, the City has recently received the attached proposed change order #1 to the agreement with Greenstar, LLC., which would raise the total contract amount by $17,700.00; and WHEREAS, based upon the recommendation of City staff, the City Council desires to approve of this change order and to further authorize the Mayor to execute the supplemental agreement incorporating the change 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 change order #1 to the referenced agreement with Greenstar, LLC., and it further authorizes the Mayor to execute the supplemental agreement incorporating the change order on behalf of the City of Cleveland. This 22nd day of July, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 559 REGULAR SESSION JULY 22, 2019 PAGE -559- MINUTE BOOK 29 Vice Mayor Johnson moved that Resolution No: 2019-72 be accepted as presented. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Councilman Hughes moved to appoint Debbie Melton to the Cleveland Utility Board to fill the unexpired term of Chari Buckner, who resigned from the Board. The motion was seconded by Councilman May; and upon roll call, unanimously passed. There being no future business the meeting was adjourned at 3:19 p.m. _________________________________ ______________________________ Mayor City Clerk