Cleveland City Council

p. 701 REGULAR SESSION DECEMBER 9, 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, DECEMBER 9, 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., and Dale Hughes. Councilman Ken Webb 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 Melinda Carroll; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Jonathan Jobe, Director of Development and Engineering; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Pettit, Parks and Recreation Director; Fire Chief Ron Harrison; Sue Zius, Assistant to the Mayor/Legislative Liaison; Tad Bacon with Cleveland Utilities; Sharon Marr with Mainstreet Cleveland; Bethany McCoy with Lee University; Brian Hendrickson with the State of Tennessee Department of General Services; Dustin Tommey with City Fields; Sherry Brown; Jim Metzer; Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Jen Newell with First Cumberland Presbyterian 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 November 18, 2019 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Mayor Brooks distributed Service Awards to several employees with twenty plus years of service. Mayor Brooks then thanked each employee for their dedicated service. • 35 Years: Melinda Carroll - Administration Tommy Myers – Public Works • 30 Years: Roger Turpin – Fire • 25 Years: Amy Newman – Finance Robert Harbison – Police • 20 Years: Robert Chastain – Fleet Roy Stinnett – Public Works Mark Elrod – Public Works Cathy White – Public Works April Ratcliff – Police Thomas S. Smith - Police Josiah Shelton – Fire Gordon Ford - Fire Henley Ledford - Fire Jerry Vanderoef – Fire Jeremy Greenleaf - Fire Councilman Hughes moved to excuse Councilman Webb from today’s meeting. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 702 REGULAR SESSION DECEMBER 9, 2019 PAGE -702- MINUTE BOOK 29 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 5.85 acres located at 265 Tasso Ln NE and a resolution to adopt a Plan of Service (POS) for the annexation area. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 8-0 with 1 member absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the annexation and Plan of Service. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval 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 5.85 acres located at 265 Tasso Ln NE from the unincorporated county to R2 Low Density Single and Multi-family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 8-0 with 1 member absent. Mayor Brooks asked if anyone would like to speak in favor of the approval zoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the zoning. 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 a request to rezone 39.5 acres, more or less, located on the 1200 block of Stuart Rd and also known as 4100 Stephens Rd (Tax Map 42 Parcel 6.00) from R2 Low Density Single and Multi- Family Residential Zoning District and IL Light Industrial Zoning District to CH Commercial Highway Zoning District and CG General Commercial Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 8-0 with 1 member absent. Mayor Brooks asked if anyone would like to speak in favor of the approval rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning. No one spoke. Mayor Brooks then declared the public hearing to be closed. CONSENT AGENDA Councilman May moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2019-45 – heretofore passed on first reading November 18, 2019 and found in Minute Book 29, Page 683; zoning about 27.5 acres located at 2444 Hensley Rd NW from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 8:0; 1 member absent). • Final Passage - Ordinance No: 2019-46 – heretofore passed on first reading November 18, 2019 and found in Minute Book 29, Page 684; amending Title 20, Chapter 12, Sections 20-1201 through 20-1221 concerning Wreckers and Towing Service and new City Policy. • Resolution No: 2019-116 – Authorizing the Mayor to sign a subrecipient agreement with City Fields of Cleveland related to the CDBG Down Payment Assistance Program. RESOLUTION NO. 2019-116 WHEREAS, the City Council previously passed a Resolution approving the 2019-2020 Annual Action Plan for Community Development Block Grant (CDBG) funds; and WHEREAS, City Fields of Cleveland, Inc. is involved in CDBG eligible activities; and WHEREAS, in connection with said activities, City Fields of Cleveland, Inc. has requested $36,000 in funding for CDBG eligible activities (which funding will provide for increased housing opportunities for very-low income families by providing assistance in the form or down-payment assistance, closing p. 703 REGULAR SESSION DECEMBER 9, 2019 PAGE -703- MINUTE BOOK 29 costs, or principal reduction for up to $6,000 for a home to be purchased and financed through City Fields of Cleveland, Inc.); and WHEREAS, in connection with said funding, the City Council desires to authorize the Mayor to execute a Subrecipient Agreement with City Fields of Cleveland, Inc., relating to the CDBG eligible activities as described therein, which Agreement is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the Mayor is hereby authorized to execute the Subrecipient Agreement with City Fields of Cleveland, Inc., which Agreement is attached hereto and incorporated herein by reference. [On file in the City Clerk’s Office.] This 9th day of December 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-117 – Authorizing the Mayor to sign a subrecipient agreement with Habitat for Humanity related to the CDBG Down Payment Assistance Program. RESOLUTION NO. 2019-117 WHEREAS, the City Council previously passed a Resolution approving the 2019-2020 Annual Action Plan for Community Development Block Grant (CDBG) funds; and WHEREAS, Habitat for Humanity of Cleveland, Inc. is involved in CDBG eligible activities; and WHEREAS, in connection with said activities, Habitat for Humanity of Cleveland, Inc. has requested $18,000 in funding for CDBG eligible activities (which funding will provide for increased housing opportunities for very-low income families by providing assistance in the form or down-payment assistance, closing costs, or principal reduction for up to $6,000 for a home to be purchased and financed through Habitat for Humanity of Cleveland, Inc.); and WHEREAS, in connection with said funding, the City Council desires to authorize the Mayor to execute a Subrecipient Agreement with Habitat for Humanity of Cleveland, Inc., relating to the CDBG eligible activities as described therein, which Agreement is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the Mayor is hereby authorized to execute the Subrecipient Agreement with Habitat for Humanity of Cleveland, Inc., which Agreement is attached hereto and incorporated herein by reference. [On file in the City Clerk’s Office.] This 9th day of December 2019. p. 704 REGULAR SESSION DECEMBER 9, 2019 PAGE -704- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-118 – Approving a PILOT agreement with Mars Wrigley Confectionery US, LLC. RESOLUTION NO: 2019-118 A RESOLUTION APPROVING A PAYMENT-IN-LIEU-OF TAXES (PILOT) SCHEDULE AND DELEGATING AUTHORITY TO ENTER INTO A PILOT AGREEMENT WHEREAS, the Industrial Development Board of the County of Bradley and the City of Cleveland, Tennessee (the "Board") has recommended a Payment-In-Lieu-Of-Taxes ("PILOT") schedule for Mars Wrigley Confectionery US, LLC (the "Company") which has a planned expansion of existing operations within the City of Cleveland, Bradley County, Tennessee, the construction of real improvements thereon, and the acquisition and installation of certain machinery, equipment and other personal property for use as manufacturing, distribution, and related facilities in Bradley County, Tennessee with a total capital investment of approximately (but not limited to) $139,200,000.00 (the "Project"); WHEREAS, the Project is anticipated to result in the creation of 79 new full-time positions with weighted average hourly wage of $21.50 and a minimum hourly wage for production positions of $17.50. WHEREAS, the Company has requested that all real and personal property acquired in connection with the Project (collectively, the "Property") qualify for an arrangement (the "PILOT Arrangement") whereby the Property shall be exempt from all ad valorem property taxes otherwise due thereon (collectively, "property taxes"), and in lieu of the property taxes, the Companies shall be required to make annual payments in lieu of taxes equal to sixty-two and one-half percent (62.5%) of the property taxes otherwise due on the Property during the seven- year period commencing on January 1, 2020 and ending on December 31, 2026; WHEREAS, the Board has determined that, notwithstanding the PILOT Arrangement, the Project will result in the payment of in lieu of tax payments to the City of Cleveland, Tennessee in an estimated amount of $2,606,799.96 over the same seven-year period; and WHEREAS, the City of Cleveland, Tennessee (the "City") has determined that the proposed PILOT Arrangement is fair, reasonable, and necessary for the continued economic development of the City of Cleveland and that the payments in lieu of taxes derived from the PILOT Arrangement would be in furtherance of the Board’s purposes. NOW THEREFORE, BE IT RESOLVED by the City Council of Cleveland, Tennessee as follows: Section 1. The City hereby agrees to the PILOT Arrangement and hereby delegates the power and authority to the Board to negotiate a PILOT agreement with the Company to reflect the parties' respective rights and obligations in accordance with the PILOT Arrangement. Section 2. The City hereby authorizes the Mayor to execute any and all documents necessary for the successful completion of the Project, including but not limited to, all documents related to the PILOT Arrangement. Section 3. This Resolution shall become effective upon its adoption. p. 705 REGULAR SESSION DECEMBER 9, 2019 PAGE -705- MINUTE BOOK 29 Adopted this 9th day of December, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-119 – Approving the City’s ADA Self-Evaluation and Transition Plan. RESOLUTION NO. 2019-119 WHEREAS, the City's ADA Coordinator has presented the City Council with the City’s proposed ADA Self-Evaluation and Transition plan; and WHEREAS, a memorandum prepared by the City's ADA Director along with the proposed plan is attached to this Resolution and incorporated herein by reference; and WHEREAS, the City Council desires to approve of the proposed ADA Self-Evaluation and Transition plan. 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 proposed ADA Self-Evaluation and Transition plan as submitted to the City Council. [Plan on file in the Planning Department.] APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-122 – Authorizing the Mayor to sign an agreement with Acquisition Services to provide professional negotiation and relocations services in connection with the U.S. Army Corps of Engineers Flood Study Project. RESOLUTION NO. 2019-122 WHEREAS, the City has requested qualifications from qualified vendors for relocation services in connection with the U.S. Army Corps of Engineers Flood Study Project; and WHEREAS, in connection with said project, the City's development and engineering department is recommending that the City enter into the attached agreement with the Acquisition Services of Athens, Tennessee for these services; and WHEREAS, the City Council now desires to approve of the attached agreement with Acquisition Services for the referenced project, 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 Acquisition Services for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] p. 706 REGULAR SESSION DECEMBER 9, 2019 PAGE -706- MINUTE BOOK 29 This 9th day of December 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-123 – Authorizing the Mayor to sign an agreement with Southeast Tennessee Development District related to Greenway Phase 6 NEPA Environment Review Services. RESOLUTION NO. 2019-123 WHEREAS, the City’ development and engineering department has determined that it is necessary to obtain a contractor to perform certain technical or professional administrative services, specifically NEPA Environmental Review Requirements, as required by the funding agency (TDOT) for the City of Cleveland’s Phase VI Greenway Project; and WHEREAS, in connection with said project, the City's development and engineering department is recommending that the City enter into the attached agreement with the Southeast Tennessee Development District for these services; and WHEREAS, the City Council now desires to approve of the attached agreement with Southeast Tennessee Development District for the referenced project, 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 Southeast Tennessee Development District for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 9th day of December, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-124 – Authorizing the Mayor to sign change order #2 with TDOT and B&W Contractors for the Ocoee Greenway Connector project. RESOLUTION NO. 2019-124 WHEREAS, the City has received the attached Supplemental Agreement and/or Request for Construction Change Order Request Number 2 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Ocoee Greenway Connector Contract Number: 130195 Project Identification Number (PIN): 118516 State Project Number: 06LPLM-F3-044 Federal Project Number: TAP/STP-M-9203 (19) p. 707 REGULAR SESSION DECEMBER 9, 2019 PAGE -707- MINUTE BOOK 29 WHEREAS, the City Council desires to enter into the attached Change Order Request number 2 with TDOT in order to close out the project described herein as described in the amendment, 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 Supplemental Agreement and/or Request for Construction Change Order Request Number 2 from the Tennessee Department of Transportation for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 9th day of December 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-125 – Authorizing the Mayor to sign amendment #3 with TDOT related to the Norman Chapel Road project. RESOLUTION NO. 2019-125 WHEREAS, the City anticipates receiving a contract amendment number 3 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Norman Chapel Road from Adkisson Drive to Peerless Road Agreement Number: 100249 Project Identification Number: 114567.00 State Project Number: 06LPLM-F3-027 Federal Project Number: STP-M-9203 (18) WHEREAS, the purpose of the amendment is to extend the contract deadline; and WHEREAS, the City Council desires to enter into the contract amendment number 3 with TDOT for the project described herein and in the anticipated amendment, and to further authorize the Mayor to execute this contract amendment on behalf of the City of Cleveland once it is received from TDOT. 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 contract amendment number 3 with TDOT for the project described herein and in the amendment, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland once it is received from TDOT. [On file in the City Clerk’s Office.] This 9th day of December, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 708 REGULAR SESSION DECEMBER 9, 2019 PAGE -708- MINUTE BOOK 29 The motion to approve the consent agenda was seconded by Councilman Hughes. Councilman Estes stated he is on the City Fields Board, which does not affect his vote on Resolution 2019-116. Upon roll call, the motion was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May stated he is extremely fortunate to be connected to this group of people. We have the best employees and board members. He then wished everyone a Merry Christmas. City Manager Joe Fivas welcomed MTAS Consultant Honna Rodgers to today’s meeting. She is our go-to-person for help and knowledge on our research projects. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution No: 2019-120 – Adopting a Plan of Service (POS) for annexation of about 5.85 acres located at 265 Tasso Ln NE (Planning Commission: Approved 8-0; 1 member absent). RESOLUTION NO: 2019-120 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT 265 TASSO LN 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 December 9, 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: Beginning at an ion pin located at the intersection of the southeastern corner of the herein described lands and other property of Eldredge, said point being North 71 degrees 34 minutes West, 1013.9 feet to the intersection of Eldredge and the southeast corner of Clark; thence North 28 degrees 31 minutes 25 seconds East, 892.31 feet to an iron pin; thence south 61 degrees 28 minutes 35 seconds east, 300 feet to an iron pin; thence south 28 degrees 31 minutes 25 seconds west, 731.29 feet to an iron pin; thence along the right of way of Tasso Ln, North 70 degrees 43 minutes 7 seconds west, 19.56 feet to a point; thence along the curvature of Tasso Ln in a southerly direction Delta= 30 degrees 39 minutes 9 seconds on a radius of 424.91 feet along a tangent of 128.50 a distance of 264.25 feet to a point; thence south 75 degrees 37 minutes 44 seconds west, 63.78 feet to the iron pin making the point of beginning. p. 709 REGULAR SESSION DECEMBER 9, 2019 PAGE -709- MINUTE BOOK 29 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 NOVEMBER 13, 2019 265 TASSO LN ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 5.87 acres located at 265 Tasso Ln 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 be effective in 2020. 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. p. 710 REGULAR SESSION DECEMBER 9, 2019 PAGE -710- MINUTE BOOK 29 The property is proposed to be developed as a single and multi-family residential development with approximately 64 units. The property is described as Tax Map 34 Parcel 25.05 265 TASSO LN Legal Description Beginning at an ion pin located at the intersection of the southeastern corner of the herein described lands and other property of Eldredge, said point being North 71 degrees 34 minutes West, 1013.9 feet to the intersection of Eldredge and the southeast corner of Clark; thence North 28 degrees 31 minutes 25 seconds East, 892.31 feet to an iron pin; thence south 61 degrees 28 minutes 35 seconds east, 300 feet to an iron pin; thence south 28 degrees 31 minutes 25 seconds west, 731.29 feet to an iron pin; thence along the right of way of Tasso Ln, North 70 degrees 43 minutes 7 seconds west, 19.56 feet to a point; thence along the curvature of Tasso Ln in a southerly direction Delta= 30 degrees 39 minutes 9 seconds on a radius of 424.91 feet along a tangent of 128.50 a distance of 264.25 feet to a point; thence south 75 degrees 37 minutes 44 seconds west, 63.78 feet to the iron pin making 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 The Cleveland Fire Department could begin providing service to this area immediately from our current Station 2 without budgetary impact. However, it appears that the closest fire hydrant, based upon city GIS, is approximately 1500 feet away – to the west on Tasso Lane, with another approximately that same distance away from the property to the east. This distance to a water supply would be a concern in the event of further residential development of the site. p. 711 REGULAR SESSION DECEMBER 9, 2019 PAGE -711- MINUTE BOOK 29 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water service is available to this parcel via existing 18-inch water main along Tasso Lane. B. Sanitary Sewer--- This parcel is east of and adjacent to Heartland Subdivision. An existing manhole (MH 21 on the Heartland Subdivision drawings, MH 80-90 on CU- GIS) is located approximately 10 feet west of the western property boundary. Per the Heartland Subdivision drawings, an easement exists up to the property boundary. Sewer service exists to 265 Tasso Lane via this manhole. C. Fire Protection--- An existing fire hydrant is located approximately 1,100 feet west along Tasso Lane from the southwest corner of 265 Tasso Lane. If it is determined by others to be necessary to install a new fire hydrant nearer to 265 Tasso Lane, a new fire hydrant would be installed along the existing 18-inch water main in front of the parcel (north side of Tasso Lane). The fire hydrant installation is estimated to cost $25,000 (including tap, crossing of Tasso Lane, and fire hydrant) and would be available in eight (8) years. SUMMARY OF COSTS Location Domestic Sanitary Fire Total Water Sewer Protection 265 Tasso Lane $0 $0 $25,000 $25,000 4. Electric Service This parcel is currently being served by Volunteer Energy. Annexation will require Cleveland Utilities Electric to purchase some existing VEC facilities now serving this customer, along with paying them 25% of the total power sales for the next 10 years as per state law. Also, we will have some cost to extend our facilities to the point of tying in the existing VEC facilities. 1) Purchase estimate of VEC facilities = $19,441.85 2) Cost to extend CU facilities to tie into existing VEC facilities = $11,816.28 3) Revenue reimbursement to VEC for 25% of the power sales for 10 yrs. = $10,000.00 4) Total estimated cost to Cleveland Utilities Electric to annex this parcel/customer = $41,258.13 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 p. 712 REGULAR SESSION DECEMBER 9, 2019 PAGE -712- MINUTE BOOK 29 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 An annexation area supporting 64 residential units would generate approximately 25 school- age children with an impact on education of $24,414.75. 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. The property is proposed for R2 Single and Multi- Family Residential Zoning District as its post-annexation zoning. p. 713 REGULAR SESSION DECEMBER 9, 2019 PAGE -713- 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 147 residents to the 5th City Council District once developed to its capacity. 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. p. 714 REGULAR SESSION DECEMBER 9, 2019 PAGE -714- MINUTE BOOK 29 Revenue The property is currently assessed for $295,200 which would result in property tax revenue of approximately $1,520.28. This would result in a total assessed value is $1,437.50. If the site were developed with 64 units with a conservative value of $225,000 each it would result in approximately $74,160 in property tax revenue. With the state share appropriation of $115.75 per resident and an estimated 147 residents in the annexation area after being developed, the site would generate approximately $17,015.25. The stormwater fee for each unit will generate approximately $3.25 per month per unit which would result in approximately $2,496 annually. Total revenue generated as a result of this annexation after being developed with 64 residential units would be approximately $93,671.25. Councilman Cassada moved that Resolution No: 2019-120 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: 2019-121 – Annexing about 5.85 acres located at 265 Tasso Ln NE (Planning Commission: Approved 8-0; 1 member absent). RESOLUTION NO: 2019-121 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 265 TASSO LN 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 p. 715 REGULAR SESSION DECEMBER 9, 2019 PAGE -715- MINUTE BOOK 29 WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on December 9, 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 an ion pin located at the intersection of the southeastern corner of the herein described lands and other property of Eldredge, said point being North 71 degrees 34 minutes West, 1013.9 feet to the intersection of Eldredge and the southeast corner of Clark; thence North 28 degrees 31 minutes 25 seconds East, 892.31 feet to an iron pin; thence south 61 degrees 28 minutes 35 seconds east, 300 feet to an iron pin; thence south 28 degrees 31 minutes 25 seconds west, 731.29 feet to an iron pin; thence along the right of way of Tasso Ln, North 70 degrees 43 minutes 7 seconds west, 19.56 feet to a point; thence along the curvature of Tasso Ln in a southerly direction Delta= 30 degrees 39 minutes 9 seconds on a radius of 424.91 feet along a tangent of 128.50 a distance of 264.25 feet to a point; thence south 75 degrees 37 minutes 44 seconds west, 63.78 feet to the iron pin making the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. [on file in the City Clerk’s Office.] C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Resolution No: 2019-121 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-47 – Zoning of about 5.85 acres located at 265 Tasso Ln NE from the unincorporated county to R2 Low Density Single and Multi-family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent). p. 716 REGULAR SESSION DECEMBER 9, 2019 PAGE -716- MINUTE BOOK 29 ZONING ORDINANCE NO: 2019-47 AN ORDINANCE TO ZONE THE “265 TASSO LN NE AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 9th day of December 2019 a notice thereof published in the Cleveland Daily Banner on November 24, 2019 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No. 2019-120; and, WHEREAS, this property was annexed by Resolution No. 2019-121; 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 Zoning within the unincorporated County to R2 Low Density Single and Multi-Family Residential Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and 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 Exhibit A p. 717 REGULAR SESSION DECEMBER 9, 2019 PAGE -717- MINUTE BOOK 29 Exhibit B Legal Description Beginning at an ion pin located at the intersection of the southeastern corner of the herein described lands and other property of Eldredge, said point being North 71 degrees 34 minutes West, 1013.9 feet to the intersection of Eldredge and the southeast corner of Clark; thence North 28 degrees 31 minutes 25 seconds East, 892.31 feet to an iron pin; thence south 61 degrees 28 minutes 35 seconds east, 300 feet to an iron pin; thence south 28 degrees 31 minutes 25 seconds west, 731.29 feet to an iron pin; thence along the right of way of Tasso Ln, North 70 degrees 43 minutes 7 seconds west, 19.56 feet to a point; thence along the curvature of Tasso Ln in a southerly direction Delta= 30 degrees 39 minutes 9 seconds on a radius of 424.91 feet along a tangent of 128.50 a distance of 264.25 feet to a point; thence south 75 degrees 37 minutes 44 seconds west, 63.78 feet to the iron pin making the point of beginning. Councilman May moved that Zoning Ordinance No: 2019-47 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-48 – Rezoning 39.5 acres located on the 1200 block of Stuart Rd and also known as 4100 Stephens Rd (Tax Map 42 Parcel 6.00) from R2 Low Density Single and Multi- Family Residential Zoning District and IL Light Industrial Zoning District to CH Commercial Highway Zoning District and CG General Commercial Zoning District (Planning Commission: Approved 8-0; 1 member absent). ZONING ORDINANCE NO: 2019-48 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 R2 Low Density Single and Multi-family Residential Zoning District and IL Light Industrial Zoning District to CH Highway Commercial Zoning District. Approximately 19.75 acres, more or less, located on Stuart Rd NW as shown on the attached map. For reference, same property is being shown on Tax Map 42 a portion of Parcel 6.00, in the Assessor’s Office for Bradley County, Tennessee and described as Beginning at an iron pin located at the northeast corner of the lands of Amy Rodgers, as recorded in BCROD deed book 1506 page 637, said point being located in the southern right ow way of Stuart Road. Thence in a southwesterly direction south 23 degrees 57 minutes 23 seconds west, 667.07 feet to an iron pin; thence south 65 degrees 6 minutes 37 seconds east, 1312.26 feet to an iron pin; thence north 23 degrees 52 minutes 23 seconds east, 623.07 feet to an iron pin, said pin being located in the southern right of way of Stuart Road; thence with the southern right of way of Stuart Road north 65 degrees 6 minutes 37 seconds west, 965.07 feet to an iron pin; thence north 56 degrees 56 minutes 37 seconds west, 251.60 feet to the point of beginning. BE IT FURTHER t the property described herein be, and the same is hereby, re-zoned from R2 Low Density Single and Multi-family Residential Zoning District and IL Light Industrial Zoning District to CG General Commercial Zoning District. Approximately 19.75 acres, more or less, located on Stuart Rd NW as shown on the attached map. p. 718 REGULAR SESSION DECEMBER 9, 2019 PAGE -718- MINUTE BOOK 29 For reference, same property is being shown on Tax Map 42 a portion of Parcel 6.00, in the Assessor’s Office for Bradley County, Tennessee and described as Beginning at an iron pin located at the northeast corner of the lands of Amy Rodgers, as recorded in BCROD deed book 1506 page 637, said point being located in the southern right ow way of Stuart Road. Thence in a southwesterly direction south 23 degrees 57 minutes 23 seconds west, 667.07 feet to an iron pin that is the true point of beginning; thence south 23 degrees 57 minutes 23 seconds west, 656.08 to an iron pin; thence south 66 degrees 1 minute 37 seconds east, 1313.00 feet to an iron pin; thence north 23 degrees 52 minutes 23 seconds east, 635.08 feet to an iron pin; thence north 65 degree 6 minutes 37 seconds west, 1312.26 feet to the true point of beginning. 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman Hughes moved that Zoning Ordinance No: 2019-48 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 719 REGULAR SESSION DECEMBER 9, 2019 PAGE -719- MINUTE BOOK 29 The following Ordinance was then presented in full: • Ordinance No: 2019-49 – Amending Title 7, Chapter 2 of the Municipal Code to adopt the International Fire Code, 2018 Edition and Chapter 15 and 17 of the NFPA Life Safety Code 101, 2018 Edition. ORDINANCE NO: 2019-49 AN ORDINANCE OF THE CITY OF CLEVELAND TO AMEND TITLE 7, CHAPTER 2 OF THE CLEVELAND MUNICIPAL CODE TO ADOPT THE INTERNATIONAL FIRE CODE, 2018 EDITION, AND CHAPTERS 15 AND 17 AND THEIR REFERENCES OF THE NFPA LIFE SAFETY CODE 101, 2018 EDITION WHEREAS it is necessary for the City of Cleveland to update its adopted standard codes to be consistent with the laws of the State of Tennessee, and WHEREAS, the City Council desires to amend Title 7, Chapter 2 of the Cleveland Municipal Code as described herein. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 7, Chapter 2, Section 7-204 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: 7-204 Fire Code Adopted. Pursuant to authority granted by Tennessee Code Annotated 6- 54-502, the International Fire Code, 2018 Edition including Appendices A, B, D, E, F, G and I, is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city. Pursuant to the requirement of Tennessee Code Annotated 6-54-502, one (1) copy of this code, with the referenced appendices, has been filed with the city clerk and is available for public use and inspection. Any matters in said fire code which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. Section 2: Title 7, Chapter 2, Section 7-204 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: 7-204 NFPA Fire Code Adopted. The NFPA Life Safety Code 101, 2018 Edition, Chapters 15, 17 and their references, is hereby adopted and incorporated by reference as fully as if set out verbatim herein, and the provisions thereof shall be controlling within the corporate limits of the city. Pursuant to the requirement of Tennessee Code Annotated 6-54-502, one (1) copy of this code, has been filed with the city clerk and is available for public use and inspection. The Fire Chief of the Cleveland Fire Department, or the Fire Chief’s designee, is hereby designated as the authority having jurisdiction to enforce the provisions of this code. The building official and other properly certified persons designated by the building official shall have the authority to review and approve plans under this code in conjunction with appropriately designated fire department personnel. Any matters in said fire code which are contrary to the existing ordinances of the City of Cleveland, Tennessee shall prevail, any existing ordinances to the contrary are hereby repealed in that respect only. Section 3: BE IT FURTHER ORDAINED that within said codes, when reference is made to the duties of certain official named therein, that designated official of the City of Cleveland, Tennessee who has the duties corresponding to those of the named official in said codes shall be deemed to be the responsible official insofar as enforcing the provisions of said codes are concerned. p. 720 REGULAR SESSION DECEMBER 9, 2019 PAGE -720- MINUTE BOOK 29 Section 4: BE IT FURTHER ORDAINED that this ordinance shall become effective upon final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2019-49 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman May moved to install a 4-way stop at 8th Street and Highland. The motion was seconded by Councilman Cassada. Councilman Estes stated he has an indirect conflict of interest as he owns property at the corner of the intersection. Upon roll call, the motion unanimously passed. The following Ordinance was the presented in full: ORDINANCE NO: 2019-50 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING TITLE 9, CHAPTER 7, SECTION 9-719 (1) OF THE CLEVELAND MUNICIPAL CODE WHEREAS, the City Council desires to amend Title 9, Chapter 7, Section 9-719(1) of the Cleveland Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1. That Title 9, Chapter 7, Section 9-719(1) of the Cleveland Municipal Code is hereby amended to read as follows: 9-719 Term of Permit; design. (1) A taxicab driver permit shall be issued for a period of not more than one (1) year and shall continue in effect only through March 31 of the year within which it is issued, except that during March of any year, permits may be issued to be effective through March 31st of the next year. No pro-ration of the fee is allowed. Section 2. That this Ordinance shall become effective from and after its passage 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 Councilman May moved that Ordinance No: 2019-50 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 721 REGULAR SESSION DECEMBER 9, 2019 PAGE -721- MINUTE BOOK 29 Mayor Brooks announced City Offices will be closed on Monday, December 23, Tuesday, December 24 and Wednesday, December 25 for the Christmas Holiday. Also, City Offices will be closed Tuesday, December 31 and Wednesday, January 1 for the New Year’s Holiday. The December 23 City Council meeting will be cancelled. The next City Council meeting will be held on Monday, January 13, 2020. Mayor Brooks then wished everyone a Merry Christmas and a safe holiday. There being no future business the meeting was adjourned at 3:28 p.m. _________________________________ __________________________________ Mayor City Clerk