Cleveland City Council

p. 764 REGULAR SESSION MARCH 9, 2020 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, MARCH 9, 2020 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 Melinda Carroll; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Jonathan Jobe, Director of Development and Engineering; Police Chief Mark Gibson; Fire Chief Ron Harrison; Mark Fidler, Jetport Director; Patti Pettit, Parks and Recreation Director; Tommy Myers, Director of Public Works; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kris Miller, IT Director; Beverley Lindsey, Assistant to the City Manager; Dan Hartman, Forestry/Landscaping; Tad Bacon with Cleveland Utilities, Martha Ledford; Morgan Jenney with Mix 104.1; Mike Griffin with the Chamber of Commerce; and Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Mayor Kevin Brooks, 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 February 24, 2020 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 No special presentations and public comments. 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 1.31 acres located on New Murraytown Rd NW (Tax Map 40 Parcel 24.13) and a resolution to adopt a Plan of Service for the annexation area. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 8-0 with 1 members absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the annexation. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the annexation. 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 1.31 acres located on New Murraytown Rd NW (Tax Map 40 Parcel 24.13) from the unincorporated county to R1 Single Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 8-0 with 1 members absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the 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. CONSENT AGENDA Councilman May moved to approve the following items from the Consent Agenda: • Resolution No: 2020-10 - Authorizing the Mayor to sign contract amendment #2 with TDOT for the 25th Street Corridor Area Multi-Modal Project. p. 765 REGULAR SESSION MARCH 9, 2020 PAGE -765- MINUTE BOOK 29 RESOLUTION NO. 2020-10 WHEREAS, the City has received the attached contract amendment #2 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: 25th Street Corridor Area Multi-Modal Project- Construction and reconstruction of sidewalks along 25th Street (SR-60) from Peerless Road to Keith Street (SR-2) and along Peerless Road from 25 Street (SR-60) to the Bradley County Nursing Home. Project also includes curb and gutter, guardrail, ADA upgrades, striping, landscaping, pedestrian amenities and a bus stop. Agreement Number: 180073 Project Identification Number: 125182.01 Federal Project #: TAP-9203(24) State Project #: 06LPLM-F3-060 WHEREAS, the City Council desires to enter into the attached contract amendment #2 with TDOT for the project described, and to further authorize the Mayor to execute this contract 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 contract amendment #2 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 9th day of March, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-13 - Authorizing the Mayor to sign an interlocal agreement with Bradley County for the 2019 Byrne Justice Assistance Grant (JAG) Program Award. RESOLUTION NO: 2020-13 WHEREAS, the Cleveland Police department has received notification from the United States Department of Justice, Office of Justice Programs that an Interlocal agreement needs to be executed between the City of Cleveland and Bradley County, Tennessee in connection with grant funds being provided from the 2019 Byrne Justice Assistance Grant (JAG) Program; and WHEREAS, the attached interlocal agreement has been prepared using a template provided by the United States Department of Justice, Office of Justice Programs; and WHEREAS, the City Council desires to enter into the attached interlocal agreement with Bradley County, Tennessee and to further authorize the Mayor to execute the 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 interlocal agreement with Bradley County, Tennessee, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. p. 766 REGULAR SESSION MARCH 9, 2020 PAGE -766- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – Laundry & Dry Cleaning. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: March 9, 2020 RE: Bid Summary – Laundry & Dry Cleaning SUMMARY: Sealed bids were received on March 3, 2020, for Laundry & Dry Cleaning Services. The bids are listed below: CHAMPION CLEANERS CLEVELAND, TN: DRESS PANT 2.75 SPORT COAT (CIVILIAN) 2.84 DRESS SHIRT 2.75 SUIT - 2 PIECES (CIVILIAN) 5.59 EISENHOWER JACKET 3.28 BLACK FATIGUES - 2 PIECES 5.50 SERVICE JACKET, FUR LINED 3.28 JEANS 2.75 DRESS SHIRT, LAUNDRY 1.37 SHORTS 2.75 KNIT SHIRT 2.00 DRESS 4.50 BROWN FATIGUES, LAUNDRY 2.75 BLOUSE 2.85 KNIT PULLOVER, LAUNDRY 2.75 RAINCOAT 2.75 TIES 0.00 SUIT JACKET 2.75 BULLET PROOF VEST (CARRIER) 1.00 VEST 1.00 SWEATER (CIVILIAN) 2.75 SEWING OF INSIGNIAS 3.00 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends award to Champion Cleaners. The term of this contract will be for a one-year period beginning April 1, 2020. • Motion – Requesting the Planning Commission to consider a Plan of Service and annexation of 3855 Dalton Pike (approximately 102.94 acres). p. 767 REGULAR SESSION MARCH 9, 2020 PAGE -767- MINUTE BOOK 29 AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: February 24, 2020 RE: Annexation of 3855 Dalton Pike SUMMARY: City staff has been researching options for the annexation of 3855 Dalton Pike (i.e. Waterville Golf Course) into the City. This is a 102.94 acre parcel. The property is already served with sewer and water for existing structures. The zoning would be professional & institutional (PI). The City is not intending for the expansion of current facilities on this property, and not allowed by zoning to construct any industrial, and/or single or multi-family homes. The first step in this process is for the City Council to begin the public process for this annexation request. COMMITTEE FINDINGS: None FISCAL ANALYSIS: None RECOMMENDATION: City staff’s recommendation is to approve this request to begin annexation process. • Motion – Approving the purchase real property for public purpose. p. 768 REGULAR SESSION MARCH 9, 2020 PAGE -768- MINUTE BOOK 29 • Motion – Authorizing the minimum bid and selling a portion of 655 Weeks Drive by public auction. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: March 9, 2020 RE: 655 Weeks Drive (Map 42O - Group E - Parcel 1.0) SUMMARY: I met with an auctioneer concerning this site, and in his opinion the spring that runs through the property would be considered a major liability to potential buyers. Due to this, he doesn’t feel it would meet the minimum bid of $100,000 previously set by Council. Staff believes it would be in the City’s best interest to subdivide the property and retain the approximately 1.7 acres on the west side that contains the spring and stream. The City would auction off the remaining property, approximately 1.5 acres, on the east side with a minimum bid of $55,000. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: No fiscal impact. RECOMMENDATION: Staff recommends approval of this item. p. 769 REGULAR SESSION MARCH 9, 2020 PAGE -769- MINUTE BOOK 29 The motion to approve the consent agenda was seconded by Councilman Hughes and upon roll call, the motion was unanimously passed. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May stated last week we discussed traffic and feels it would be wise money spent if we could improve the intersection at 20th Street and the roadway from the bypass to Tasso Road, so the traffic would move quicker and people would have a shortcut to the north end of the city coming from the eastside. Mr. Fivas replied he has asked for staff to development an alignment to see what it could look like and to know how much right-of way it would be. They anticipate something will be brought before the Council in the future. Councilman Hughes thanked city staff for expediting the Indian Hills project. Also, thanks to Chief Gibson for the appointment of Assistant Chief Stacy Smith. Councilman McKenzie inquired when the 20th Street bridge repair at Barney Lane would be completed. Mr. Jobe stated he would check but approximately 4-5 months before completion. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution No: 2020-11 – Adopting a Plan of Service for the annexation of about 1.31 acres located on New Murraytown Rd NW (Tax Map 40 Parcel 24.13) (Planning Commission: Approved 8-0; 1 member absent). RESOLUTION NO: 2020-11 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT NEW MURRAYTOWN RD MARTIN BROWN CONSTRUCTION PROPERTY 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 March 9, 2020 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. 770 REGULAR SESSION MARCH 9, 2020 PAGE -770- MINUTE BOOK 29 Beginning at the Northeast corner of the gates, in the West lien of Murraytown Road; running in a northerly direction with and along the West line of Murraytown Road, 171 feet, more or less, to the Southeast corner of Harden and running in a Westerly direction, on a line parallel with Gates, 360 feet to established marker and running in a Southerly direction, 191 feet more or less to established marker in the North line of Gates and running in an Easterly direction, 40 feet to a state, then south 20 feet to a stake marker, running in a Easterly direction along the North line of Gates, 320 feet to the point of beginning bounded on the North by Harden and the lands of Gary Murray. 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 FEBRUARY 11, 2020 NEW MURRARYTOWN RD- MARTIN BROWN CONSTRUCTION PROPERTY ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 1.31 acres located on New Murraytown Rd 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 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 p. 771 REGULAR SESSION MARCH 9, 2020 PAGE -771- MINUTE BOOK 29 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 property consists of one vacant parcel. Three new residential dwellings are anticipated post annexation. The property is described as Tax Map 40 Parcel 24.13. New Murraytown Rd Legal Description Beginning at the Northeast corner of the gates, in the West line of Murraytown Road; running in a northerly direction with and along the West line of Murraytown Road, 171 feet, more or less, to the Southeast corner of Harden and running in a Westerly direction, on a line parallel with Gates, 360 feet to established marker and running in a Southerly direction, 191 feet more or less to established marker in the North line of Gates and running in an Easterly direction, 40 feet to a state, then south 20 feet to a stake marker, running in a Easterly direction along the North line of Gates, 320 feet to the point of beginning bounded on the North by Harden and the lands of Gary Murray. 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. p. 772 REGULAR SESSION MARCH 9, 2020 PAGE -772- MINUTE BOOK 29 2. Fire Protection The Cleveland Fire Department could provide immediate service to this parcel from our current Station 5 on Freewill Rd. 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 via existing 4-inch water main along New Murraytown Road. B. Sanitary Sewer--- This parcel is east of and adjacent to Stone Creek Subdivision. It appears this lot can be served by gravity sewer. Approximately 470 feet of 8-inch gravity sewer can be installed from an existing manhole (MH 187-35) south along the west side of New Murraytown Road. The gravity sewer main is estimated to cost $56,400 and would be available in eight (8) years. C. Fire Protection--- A fire hydrant is located just north of this parcel along New Murraytown Road at the entrance to Stone Creek Subdivision approximately 550 feet north of this parcel. If it is determined that a fire hydrant is needed closer to this parcel, approximately 365 feet of 8-inch diameter water main is proposed along with a new fire hydrant along New Murraytown Road in front of the parcel. It is estimated to cost $23,000 and would be available in eight (8) years. SUMMARY OF COSTS Location Domestic Sanitary Fire Total Water Sewer Protection New Murraytown Road $0 $56,400 $23,000 $79,400 4. Electric Service This property is currently served by Cleveland Utilities Electric Division. No additional costs are anticipated. 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 p. 773 REGULAR SESSION MARCH 9, 2020 PAGE -773- MINUTE BOOK 29 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 current cost to the school system is $976.59 per student per year. It is estimated that one additional student would be added to the school system enrollment as a result of this annexation. 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 Zoning in the unincorporated County. The property is proposed for R1 Single Family Residential Zoning District as its post-annexation zoning. p. 774 REGULAR SESSION MARCH 9, 2020 PAGE -774- 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 is expected to add approximately 8 residents to the 3rd City Council District. 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 p. 775 REGULAR SESSION MARCH 9, 2020 PAGE -775- MINUTE BOOK 29 The property is currently vacant with a total assessed value of $32,300. At the City’s current tax rate this would result in approximately $166.35 in annual property tax. With the expected three new homes on the site conservatively estimated at a value of $225,000 each, property tax revenue would increase to approximately 3,476.25. With an estimated 8 additional residents in the annexation area after being developed and a current state shared appropriation per person of $115.75 the property would generate approximately $926. Total revenue generated as a result of this annexation after being developed with three new homes would be approximately $4,402.25. Councilman Cassada moved that Resolution No: 2020-11 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2020-12 – Annexing about 1.31 acres located on New Murraytown Rd NW (Tax Map 40 Parcel 24.13) (Planning Commission: Approved 8-0; 1 member absent). RESOLUTION NO: 2020-12 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 NEW MURRAYTOWN RD- MARTIN BROWN CONSTRUCTION PROPERTY 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. 776 REGULAR SESSION MARCH 9, 2020 PAGE -776- MINUTE BOOK 29 WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on March 9, 2020. 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 the Northeast corner of the gates, in the West line of Murraytown Road; running in a northerly direction with and along the West line of Murraytown Road, 171 feet, more or less, to the Southeast corner of Harden and running in a Westerly direction, on a line parallel with Gates, 360 feet to established marker and running in a Southerly direction, 191 feet more or less to established marker in the North line of Gates and running in an Easterly direction, 40 feet to a state, then south 20 feet to a stake marker, running in a Easterly direction along the North line of Gates, 320 feet to the point of beginning bounded on the North by Harden and the lands of Gary Murray. 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. 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 for 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: 2020-12 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: 2020-08 – Zoning of about 1.31 acres located on New Murraytown Rd NW (Tax Map 40 Parcel 24.13) from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent). p. 777 REGULAR SESSION MARCH 9, 2020 PAGE -777- MINUTE BOOK 29 Zoning Ordinance No: 2020-08 AN ORDINANCE TO ZONE THE “NEW MURRAYTOWN RD- MARTIN BROWN CONSTRUCTION PROPERTY ANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 9th day of March 2020 a notice thereof published in the Cleveland Daily Banner on February 23, 2020 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2020-11; and, WHEREAS, this property was annexed by Resolution No: 2020-12; 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 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 778 REGULAR SESSION MARCH 9, 2020 PAGE -778- MINUTE BOOK 29 Exhibit B Legal Description Beginning at the Northeast corner of the gates, in the West line of Murraytown Road; running in a northerly direction with and along the West line of Murraytown Road, 171 feet, more or less, to the Southeast corner of Harden and running in a Westerly direction, on a line parallel with Gates, 360 feet to established marker and running in a Southerly direction, 191 feet more or less to established marker in the North line of Gates and running in an Easterly direction, 40 feet to a state, then south 20 feet to a stake marker, running in a Easterly direction along the North line of Gates, 320 feet to the point of beginning bounded on the North by Harden and the lands of Gary Murray. Councilman Cassada moved that Zoning Ordinance No: 2020-08 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2020-14 – Requesting TDOT to partner with the City for widening of 25th Street and N. Ocoee Intersection. RESOLUTION NO: 2020-14 RESOLUTION TO REQUEST THAT THE TENNESSEE DEPARTMENT OF TRANSPORTATION (TDOT) FUND AND CONSTRUCT NEEDED IMPROVEMENTS TO THE INTERSECTION OF 25TH STREET (SR 60) AND OCOEE STREET (SR 74) WHEREAS, the 25th Street (SR 60) and Ocoee Street (SR 74) intersection is extremely over capacity causing roadway congestion and excessive delays for drivers; and WHEREAS, the problems of congestion and driver delay have been exacerbated by continued growth and development in Bradley County and the City of Cleveland which has brought and will continue to bring increasing amounts of traffic to the intersection; and WHEREAS, the unexpected cost of the project caused the City of Cleveland to determine in 2013 that it lacked the fiscal capacity, among other local obstacles, to advance the project in cooperation with TDOT and to ask TDOT to build the needed improvements to these two intersecting state routes at TDOT expense. WHEREAS, under any matrix these two state maintained roads are functionally failing, causing safety concerns for the community, and significantly delaying commerce of our region. The City stands prepared and ready to partner with TDOT on these improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Authorizes the Mayor & City Council to renew its request in writing to TDOT for TDOT funding and construction of needed improvements to the 25th Street (SR 60) and Ocoee Street (SR 74) intersection. 2. Authorizes City staff to seek a determination of the needed design, project costs, and project schedule from State officials, and to report the same to the City Council for further consideration. 3. Authorizes City staff to work with the TDOT on project funding match, if necessary. Approved this 9th day of March, 2020. p. 779 REGULAR SESSION MARCH 9, 2020 PAGE -779- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Resolution No: 2020-14 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman May moved to reappoint Scott Taylor to the Industrial Development Board for a new term to expire March 2026. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced City Offices will be closed on Monday, May 25th in observance of Memorial Day. Also, the May 25th 3:00 p.m. Regular Session Council meeting will be held on Tuesday, May 26th due to the Memorial Day Holiday. (No Work Session) Councilman Estes asked when stop signs are placed in the Historic District in the future, they be the black post and base models. Vice Mayor Johnson stated behind the old Mayfield School along 15th and Peoples Street have a four-way stop sign installed. Mr. Fivas stated staff would study the area. Councilman Hughes stated this Friday the Lady Flames will be playing in a conference this weekend in town, which includes several surrounding states. He has a bias interest in number 12. The first basketball game will be at 5:00 on Friday. There being no future business the meeting was adjourned at 3:22 p.m. _________________________________ __________________________________ Mayor City Clerk