Cleveland City Council

p. 494 REGULAR SESSION DECEMBER 13, 2021 3:00 P.M. MINUTE BOOK 30 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, DECEMBER 13, 2021 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 Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb, and Councilwoman Marsha McKenzie. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Corey Divel, Assistant to the City Manager; Beverley Lindsey, Assistant to the City Manager; Sue Zius, Assistant to the Mayor; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Jonathan Jobe, DES Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Doug Berry with the Chamber of Commerce; Chris Townsend; Tim Rader; Dustin Tommey; Matt Coleman; Lake Mantooth; Dr. Russell Dyer; Dawn Robinson; Sharon Marr; Peggy Pesterfield; Rick Smith and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Webb, 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 8, 2021 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 awarded the following 2021 Service Awards: HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone .36 acres, more or less, located at 1120 Valley Head Rd NW (Tax Map 34I Group B Parcel 1.00) from PUD25 Panned Unit Development Zoning District to CH Commercial Highway Zoning District (Planning Commission: Denied 9-0). Corey Divel gave a brief summary of the request and stated it was denied by the Planning Commission. As he understands, the primary interest in the rezoning is to put a billboard on the property and we do not allow billboards in a PUD. Mayor Brooks asked if anyone would like to speak in favor of the rezoning request. Chris Townsend thanked the p. 495 REGULAR SESSION DECEMBER 13, 2021 PAGE -495- MINUTE BOOK 30 Council for the opportunity to speak. First, if he understood correctly, billboards are not allowed in a PUD. Mr. Divel stated they are only allowed in a PUD if the ordinance specifically allows them, which we have not. Mr. Townsend then asked why the billboard in front of Longhorn. The property was originally zoned PUD and later changed to CH. He then asked how the billboard was permitted. Councilman Hughes asked if the City had anything to do with the billboard permit. Mr. Jobe stated the State issued the permit as they have jurisdiction. The City did not issue a sign permit for that structure. Mr. Townsend stated their position is the City did have a lot to do with issuing the permit, as in 2010 the City petitioned the State to allow a billboard in the PUD zoning when the State otherwise would not recognize the PUD zone as a commercial zoning. The City advocated on behalf of the property owner. He then handed out a copy of the letter. At the end of the day, this has been requested several times. Their desire is to be treated no better than other property owners, but no less as well. We do ask that the City Council treat us in an equal manner and in that light, it appears that the precedence has been set and to advocate on their behalf for a billboard. Secondly, the map that was submitted on page 4 of your packet is different from the map that was voted on second reading on August 9th. The map has changed. On August 9, he asked this body if any of the property inside of the identified boundary, if all the property was PUD and if any of the property outside the boundary was PUD. He was told at that time no. No property outside that boundary was PUD. However, the parcel in question is clearly outside the PUD boundary that was voted on July 12 and August 9. The question is, why was the map changed and was the Council aware the map changed. Mr. Divel stated it is not the entire parcel, just the corner. The original map that rezoned it from R2 to PUD followed the way the tax lines were drawn on the tax record on our GIS, which follows the property lines. At some point in the previous months, for some reason the Tax Assessor cut out a notch at the corner of Peerless and Paul Huff and took that out of the parcel. He believes there was a sign easement recorded, which doesn’t give you a permit just an easement. That is why the little notch was left off the original map. The ordinance references the map and parcel, which reference the boundaries, so in his mind the entire parcel was changed but mapped incorrectly. The current map in the proposed rezoning we intentionally made sure we got what we believed to be the entire parcel. Councilman Hughes stated the State did approve the billboard in front of Longhorn and at that time he owned the property, but it was before he became a City Councilmember. Mr. Townsend stated on September 21 we tried to make that a sign parcel before the Planning Commission. The staff report to Planning Commission stated the property comprises of tax map 34I B 001.00 and contains 0.08 acres. The actual tax map 034I B 001.00 is 0.34 acres. Again, he is confused. He would like to be treated in a similar manner Mr. Hughes was treated in 2010-2011. We have offered to have a restricted viewing angle so no light pollution would affect the Tomahawk neighborhood. The Council was in favor of changed the PUD to CH for Holiday Inn Express and other properties in Cleveland. If proximity is an issue, those that have been rezoned CH don’t have neighboring CH properties. North Ocoee Street, 46th Street, Bradley Square Mall, 3898 Georgetown Road and one on Stuart Road, rezoned to CH in 2021. There is not PUD requirement for Stuart Road, but it is reasonable to assume that it could look like Paul Huff Parkway. The purpose of PUD zoning is to control access and development, he would like clarification on what and when PUD apply in terms of a commercial application. Councilman Estes stated there are other avenues for these types of questions. This is not an inquisition of city staff. If he wants to speak in favor of the rezoning, he can state his case and not demand answers. He feels we are out of order allowing it. Mr. Townsend thanked the Council for allowing him to be heard and would ask that those who voted in favor in 2011 of rezoning Holiday Inn Expressway from PUD to CH and those who received the benefit, he would expect similar treatment from the Council. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning request. No one spoke. Mayor Brooks 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 resolution to annex about 100.26 acres located on Michigan Ave Rd and Wilkinson Rd NE (Tax Map 43 a portion of Parcel 12.00) and a resolution to adopt a Plan of Service (POS) for the annexation area (Planning Commission: Approved 9-0). Corey Divel gave a brief summary of the request and stated the zoning ordinance would come at a later meeting once final details of the PUD are finalized. Mayor Brooks asked if anyone would like to speak in p. 496 REGULAR SESSION DECEMBER 13, 2021 PAGE -496- MINUTE BOOK 30 favor of the annexation and plan of service. Lake Mantooth stated their goal is to make this a nice neighborhood. We have proposed 277 lots on the 100 acres. They will have some changes once all the engineering and the TVA easements are complete. They have additional 30 acres that will hopefully be in the growth plan soon. At this time, they are only asking for the 100 acres to be annexed. Mayor Brooks asked if anyone would like to speak in opposition of the annexation and plan of service. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman May moved to approve the following item from the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the consent agenda was unanimously passed. • Final Passage – To DENY Zoning Ordinance 2021-31 – Heretofore denied on first reading November 8, 2021 and found in Minute Book 30, Page 487; Rezoning .67 acres, more or less, located 912 Fairmont Ave NW (Tax Map 49F Group H Parcel 28.03) from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District (Planning Commission: Denied 9-0). • Resolution 2021-96 – Authorizing the Mayor to sign contract amendment #5 with TDOT related to LIC North Pleasant Grove Church Road project. RESOLUTION 2021-96 WHEREAS, the City has received the attached Amendment #5 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: LIC North Pleasant Grove Church Road Contract Number: 100252 Project Identification Number (PIN): 114573.00 State Project Number: 06LPLM-S3-022 WHEREAS, the City Council desires to enter into the attached Amendment #5 with TDOT, 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 Amendment Number 5 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. This 13th day of December 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-97 – Authorizing an application to participate in the Public Entity Partners Property Conservation matching grant program. p. 497 REGULAR SESSION DECEMBER 13, 2021 PAGE -497- MINUTE BOOK 30 RESOLUTION 2021-97 AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE PUBLIC ENTITY PARTNERS “ PROPERTY CONSERVATION” MATCHING GRANT PROGRAM WHEREAS, the citizens of the City of Cleveland have entrusted this administration with the care and custody of city-owned property; and WHEREAS, all efforts have been made to protect city-owned property from various perils that may arise for the City of Cleveland, and WHEREAS, Public Entity Partners seek to encourage members with property coverage to develop and implement a property conservation program by offering the Property Conservation Matching Grant Program; and WHEREAS, the City of Cleveland desires to participate in this important program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE THAT: The City of Cleveland hereby authorized to submit an application for Property Conservation Matching Grant Program through Loss Control Department of Public Entity Partners. The City agrees that if the award is obtained, a matching sum for any moneys for this grant will be provided. Adopted this 13th day of December, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-98 – Authorizing the City to join the State of Tennessee and other local governments as participants in the Tennessee State Subdivision Opioid Abatement Agreement and approve the related settlement agreements. RESOLUTION 2021-98 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO JOIN THE STATE OF TENNESSEE AND OTHER LOCAL GOVERNMENTS AS PARTICIPANTS IN THE TENNESSEE STATE-SUBDIVISION OPIOID ABATEMENT AGREEMENT AND APPROVING THE RELATED SETTLEMENT AGREEMENTS WHEREAS, the opioid epidemic continues to impact communities in the United States, the State of Tennessee, and the City of Cleveland, Tennessee. WHEREAS, the City of Cleveland has suffered harm and will continue to suffer harm as a result of the opioid epidemic; and WHEREAS, the State of Tennessee and some Tennessee local governments have filed lawsuits against opioid manufacturers, distributors, and retailers, including many federal lawsuits by Tennessee counties and cities that are pending in the litigation captioned In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the MDL case is referred to as the “Opioid Litigation”); and p. 498 REGULAR SESSION DECEMBER 13, 2021 PAGE -498- MINUTE BOOK 30 WHEREAS, certain pharmaceutical distributors and a manufacturer have proposed settlements that the City of Cleveland find acceptable and in the best interest of the community; and WHEREAS, the Tennessee legislature enacted Public Chapter No. 491 during the 2021 Regular Session of the 112th Tennessee General Assembly and was signed into law by Governor Bill Lee on May 24, 2021, which addresses the allocation of funds from certain proposed opioid litigation settlements; and WHEREAS, the State of Tennessee, non-litigating counties, and representatives of various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of certain prospective settlement and bankruptcy funds from opioid related litigation (“Settlement Funds”); and WHEREAS, the Tennessee State-Subdivision Opioid Abatement Agreement (the “Tennessee Plan”), attached hereto as “Exhibit A,” sets forth a framework of a unified plan for the proposed allocation and use of the Settlement Funds; and WHEREAS, participation in the settlements and Tennessee Plan by a large majority of Tennessee cities and counties will materially increase the amount of settlement funds that Tennessee will receive from pending proposed opioid settlements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, Section 1. That the City of Cleveland finds that participation in the Tennessee Plan is in the best interest of the City of Cleveland and its citizens because such a plan would ensure an effective structure for the commitment of Settlement Funds to abate and seek to resolve the opioid epidemic. Section 2. That the City of Cleveland hereby expresses its support for a unified plan for the allocation and use of Settlement Funds as generally described in the Tennessee Plan. Section 3. That the Mayor of the City of Cleveland is hereby expressly authorized to execute the Tennessee Plan in substantially the form attached as Exhibit “A” and the Mayor of the City of Cleveland is hereby authorized to execute any formal agreements necessary to implement a unified plan for the allocation and use of Settlement Funds that is substantially consistent with the Tennessee Plan and this Resolution. Section 4. That the Mayor of the City of Cleveland is hereby expressly authorized to execute any formal agreement and related documents evidencing the City of Cleveland’s agreement to the settlement of claims [and litigation] specifically related to AmerisourceBergen Corporation, Cardinal Health, Inc, McKesson Corporation, Janssen Pharmaceuticals, Inc, and Johnson & Johnson. Section 5. That the Mayor of the City of Cleveland is authorized to take such other action as necessary and appropriate to effectuate the City of Cleveland’s participation in the Tennessee Plan and these settlements. Section 6. This Resolution is effective upon adoption, the welfare of the City of Cleveland, Tennessee requiring it. Adopted this the 13th day of December, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 499 REGULAR SESSION DECEMBER 13, 2021 PAGE -499- MINUTE BOOK 30 • Resolution 2021-99 – Authorizing the Mayor to sign a subrecipient agreement with the Community Foundation of Cleveland and Bradley County in connection with the CARES Act funding through the CDBG Program. RESOLUTION 2021-99 WHEREAS, the City has received CARESs Act funding through the Community Development Block Grant (CDBG) program to be used for activities eligible under the Housing and Community Development Act of 1974, as amended; and WHERAS, the City has funds remaining in the CDBG-Covid Allocation; and WHEREAS, the Community Foundation of Cleveland and Bradley County has partnered with various community partners to assist with the Cold Weather Centers for the homeless; and WHEREAS, the activity described herein has been determined to be an eligible CDBG activity under the CARES Act to respond to, prepare for, and aid the prevention of COVID 19; and WHERAS, the City of Cleveland will award up to $10,000 for the activity, and in connection with said funding, the City Council desires to authorize the Mayor to execute a Subrecipient Agreement with the Community Foundation of Cleveland and Bradley County, 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 the Community Foundation of Cleveland and Bradley County, which Agreement is attached hereto and incorporated herein by reference. This 13th day of December 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-100 – Authorizing the Mayor to sign amendment 1 with Kimley-Horn and Associates, Inc related to the 25th Street multi-use path between Georgetown Road to Peerless Rd. RESOLUTION 2021-100 WHEREAS, the City of Cleveland are parties to an existing agreement relating to the TDOT project generally identified as SR 60 from Georgetown Road to Peerless Road (TDOT PIN 130251.00); and WHEREAS, the City has received the attached Amendment #1 from Kimley-Horn and Associates, Inc. for the project; and WHEREAS, based on the recommendation of City staff, the City Council desires to enter into the attached Amendment #1 with Kimley-Horn and Associates, 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 p. 500 REGULAR SESSION DECEMBER 13, 2021 PAGE -500- MINUTE BOOK 30 attached Amendment Number 1 with Kimley-Horn and Associates, Inc. for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 13th day of December 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-101 – Supporting an application to TDOT for the 2022 Urban Transportation Planning Grant for the northeast connector corridor (Michigan Avenue Road/Dry Valley Road). RESOLUTION 2021-101 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION (TDOT) FOR AN URBAN TRANSPORTATION PLANNING GRANT FOR THE NORTHEAST CONNECTOR CORRIDOR WHEREAS, the Tennessee Department of Transportation (TDOT) has made available an Urban Transportation Planning Grant program to the various jurisdictions served by Tennessee’s Metropolitan Planning Organizations (MPOs); and WHEREAS, the City of Cleveland desires to obtain additional transportation planning assistance for a northeastern connector route around the more rapidly urbanizing area along the Michigan Avenue Road/Dry Valley Road; to explore possible general locations for a connector from Michigan Avenue Road/Dry Valley Road near the Cleveland Jet Port to US11 SR2 North Lee Highway Corridor; to support traffic flow, connectivity, and the safety and mobility of all users; and to serve the needs of economic growth, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application for Urban Transportation Planning Grant funds up to $200,000 is authorized along with required 10% local cash matching funds up to $20,000 if the grant is awarded; and the Mayor is authorized to sign any application documents. 2. A steering committee for the planning project is authorized to include transportation planning and engineering staff as may be designated by the City of Cleveland, Bradley County, TDOT, to work with the TDOT-selected consultants in producing the plan with input from the public, stakeholders, and elected officials. 3. As required by TDOT, once the plan is complete the City of Cleveland would adopt it by resolution and would support similar adoption by Bradley County. Approved this 13th day of December, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 501 REGULAR SESSION DECEMBER 13, 2021 PAGE -501- MINUTE BOOK 30 • Resolution 2021-102 – Authorizing the Mayor to sign an agreement with Wood Environment & Infrastructure Solutions, Inc., for CEI Services related to the LIC North Project. RESOLUTION 2021-102 A RESOLUTION APPROVING OF THE SELECTION OF WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC., TO PROVIDE PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE LIC NORTH PROJECT, AND APPROVING OF A PROFESSIONAL SERVICES AGREEMENT FOR THIS PROJECT WHEREAS, the City is proceeding with the LIC North Project; and WHEREAS, the City staff are recommending to the City Council that the City select Wood Environment & Infrastructure Solutions, Inc. to provide professional construction engineering and inspection (CEI) services for this project; and WHEREAS, the City Council desires to approve of the selection of Wood Environment & Infrastructure Solutions, Inc. for the professional services described herein, and to authorize the Mayor to execute the attached professional services agreement with Wood Environment & Infrastructure Solutions, Inc. on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Council does hereby approve of the selection of Wood Environment & Infrastructure Solutions, Inc. to provide professional services as described in the attached agreement, and the City Council further authorizes the Mayor to execute the agreement on behalf of the City. This 13th day of December 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – Guardrail Maintenance. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: December 13, 2021 RE: Bid Summary – Guardrail Maintenance SUMMARY: Sealed bids were received on November 18, 2021, for Guardrail Maintenance. One bid was received and is listed below: • Tennessee Guardrail, Inc. Knoxville, TN $1,752,907.50__ _____ p. 502 REGULAR SESSION DECEMBER 13, 2021 PAGE -502- MINUTE BOOK 30 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Recommendation is to award the contract to Tennessee Guardrail, Inc. The initial term of this contract will be for a two-year period beginning January 1, 2022 and ending December 31, 2023. • Bid Report – LIC North Construction. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: December 13, 2021 RE: Bid Summary – Local Interchange Connector (LIC) North SUMMARY: Sealed bids were received on December 6, 2021, for the Local Interchange Connector (LIC) North construction project. Bids are listed below: • Summers-Taylor, Inc. $2,154,193.68 _____ • Talley Construction Co., Inc. $2,334,573.77______ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends award to Summers-Taylor, Inc. contingent upon TDOT approval. • Bid Report – Raider Drive Bridge Repair. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: December 13, 2021 RE: Bid Summary – Raider Drive Bridge Repair SUMMARY: Sealed bids were received on December 7, 2021, for the Raider Drive Bridge Repair project. One bid was received and is listed below: • Wilson Construction Group $198,225.00 _____ p. 503 REGULAR SESSION DECEMBER 13, 2021 PAGE -503- MINUTE BOOK 30 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends award to Wilson Construction Group. • Reappointment – Airport Authority – Robbie Garrison for an additional 5-year term to expire September 2026. • Reappointment – Board of Zoning Appeals – Dan Moore for an additional 3-year term to expire November 2024. • Reappointment – Stormwater Board – Kent Berry for an additional 4-year term to expire December 2025. • Reappointment – Stormwater Board – Avery Johnson for an additional 4-year term to expire December 2025. • Street Light Recommendation – Norman Chapel Rd @ Peerless Rd NW (Cleveland Utilities states existing fixtures comply with the city’s street lighting guidelines. If desired, the existing 39-watt LED fixture on Norman Chapel Rd NW and the three existing 133-watt LED fixtures along Peerless Rd NW can be upgraded to the next size at a cost of $146.70 each). • Street Light Recommendation – 905 17th Street NW (Cleveland Utilities states existing fixtures comply with the city’s street lighting guidelines. If desired, the two existing 51-watt LED fixture can be upgraded to 133-watt LED fixtures at a cost of $146.70 each). UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Johnson stated he received a call from a resident off Michigan Avenue Road, which was recently annexed but have no street lights. The address is 3423 Fleeman Place Dr NE. Mr. Fivas stated staff will research but since it’s a new development the streets are probably still private roads and haven’t been released yet. Councilwoman McKenzie thanked staff for the paving on South Ocoee Street. It was greatly needed. Secondly, Keep America Beautiful is still hosting tire cleanup events. Also, the environmental class from Cleveland High School helped with the last one. They have had three events with over 1,900 tires cleaned up and hopefully in the future we can find a way to stop tire dumping. Councilman Estes asked if the monthly departmental reports would include code enforcement and building division, which have been missing in recent reports. He prefers a pdf via email so he can forward information along. Secondly, he thanked Mr. Fivas and staff with the help on the dumpster at First Street Square. Also, the fields at Avery Johnson Park, to be mindful of the grass along with the Blythe Oldfield School field that gets worn down as well. Deer Park has been overrun with people which is great to see. He then thanked Tommy Myers and staff for leaf collection. Lastly, the ARPA funding for City Fields and Habitat. These are things that change peoples lives and increases our tax base. We are excited to be doing this and it is rewarding. p. 504 REGULAR SESSION DECEMBER 13, 2021 PAGE -504- MINUTE BOOK 30 Councilman Cassada thanked Tommy Myers and staff for leaf collection as well. He then asked for an update on guardrails on Stuart Road. Mr. Myers stated they should be down now, as they were working on it Friday. He then asked when striping on Candies Lane would take place. Mr. Myers stated should be this Thursday. Councilman May stated he is still receiving several calls regarding Michigan Avenue Road. He feels it is extremely important to do something. We have several new developments and a lot of traffic on the road. Something needs to happen as quick as we can. Secondly, he wished everyone a Merry Christmas and Happy New Year. Councilman Hughes stated he received a call from the resident on Apache Trail who has noticed on several occasions dumping at 250 Sequoia Road, with trucks and trailers. It is not the people who live there. Mr. Myers stated they have asked Code Enforcement to look at the site, as it has been large construction debris and various rubbish. Councilman Hughes stated when the Assistant Commissioner from TDEC came and awarded the $500,000 grant for the park in the 3rd District, the Commissioner had several positive things to say about our program and wanted to thank Patti Petitt for her work in Parks & Recreation. Councilman Webb stated in addition to the striping on Candies Lane he asked for a request to be sent to Cleveland Utilities to look at the street lighting along Candies Lane. There are areas with gaps of lighting and with the moving of the pole at Inverness, that light is now back from the roadway. Have them look and make a recommendation for additional street lighting or even the possibility of upgrading the fixtures to LED. Mayor Brooks stated his granddaughter is involved in the Cleveland City Cheer Club at the Community Center. It is amazing the number of next generation Cleveland young ladies cheering a couple nights a week. It is a fantastic community opportunity. The Parks & Recreation team is doing a great job. Councilman Hughes asked if Sequoia Road would be receiving striping as well. Mr. Myers stated yes, along with South Ocoee and Parker Street. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2021-32 – Rezoning .36 acres, more or less, located at 1120 Valley Head Rd NW (Tax Map 34I Group B Parcel 1.00) from PUD25 Panned Unit Development Zoning District to CH Commercial Highway Zoning District (Planning Commission: Denied 9-0). ZONING ORDINANCE 2021-32 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 PUD25 Planned Unit Development District Zoning District to CH Commercial Highway Zoning District. Approximately .36 acres, more or less, located at 1120 Valley Head Rd NW as shown on the attached map. For reference, same property is being shown Tax Map 34I Group B Parcel 1.00, in the Assessor’s Office for Bradley County, Tennessee BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. p. 505 REGULAR SESSION DECEMBER 13, 2021 PAGE -505- MINUTE BOOK 30 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 A Councilman Cassada moved that Zoning Ordinance 2021-32 be denied on first reading. The motion was seconded by Vice Mayor Johnson. Councilman Estes stated he had a few comments. First, he is friends with Mr. Townsend. Secondly, to him each zoning issue brought before them is unique. Yes, there needs to be precedence but their also needs to be latitude. As we grow, neighborhoods and streets change. He is not concerned with the drawing of the map, as he felt staff was very clear. It was changed incorrectly. He was very clear on what was being voted on. At the end of the day, equity. That is number one, as everything is unique. This also speaks to Stuart Road. Certainly, city staff has had stronger eyes on certain things and what is acceptable. Councilman Cassada added he has been upfront from day 1 about signs for businesses and wants a better look city-wide. Upon roll call, the motion to deny the zoning ordinance unanimously passed. The following Resolution was then presented in full: • Resolution 2021-103 – Adopting a Plan of Service to annex about 100.26 acres located on Michigan Ave Rd and Wilkinson Rd NE (Tax Map 43 a portion of Parcel 12.00) (Planning Commission: Approved 9-0). RESOLUTION 2021-103 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT DECEMBER 13, 2021 MICHIGAN AVE RD & WILKINSON RD 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 p. 506 REGULAR SESSION DECEMBER 13, 2021 PAGE -506- MINUTE BOOK 30 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 13, 2021 at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: Beginning at an iron pin located at the northeast corner of Michigan Avenue Road and Wilkinson Road; thence with the eastern right of way of Michigan Avenue Road north 33 degrees 25 minutes 51 seconds east, 182.60 feet to an iron pin; thence north 32 degrees 26 minutes 00 seconds east, 956.35 feet to an iron pin; thence north 36 degrees 7 minutes 18 seconds east, 108.08 feet to an iron pin; thence leaving the right of way of Michigan Avenue Road, South 66 degrees 23 minutes 52 seconds east, 885.46 feet to an iron pin; thence south 65 degrees 47 minutes 00 seconds east, 2090.86 to an iron pin; thence south 24 degrees 13 minutes 00 seconds west, 1421.91 feet to an iron pin; thence north 71 degrees 10 minutes 33 seconds west, 41.34 feet to an iron pin; thence with a left handed curve D=10 degrees 25 minutes 29 seconds R=313.00 feet A=56.95 feet BN= 65 degrees 10 minutes 25 seconds west C=56.87 feet to an iron pin; thence north 70 degrees 23 minutes 8 seconds west, 115.38 feet to an iron pin; thence north 69 degrees 45 minutes 4 seconds west, 484.46 feet to an iron pin; thence north 71 degrees 19 minutes 21 seconds west, 401.35 feet to an iron pin; thence north 69 degrees 13 minutes 2 seconds west, 152.69 feet to an iron pin; thence in a southerly direction crossing the right of way of Wilkinson Road 42 feet, more or less, to a point in the southern right of way of Wilkinson Road, the previous line forming a perpendicular angle with the southern right of way of Wilkinson Road; thence with the southern right of way of Wilkinson Road in a northeasterly direction 1940 feet, more less, to the southeastern corner of the intersection of Wilkinson Road and Michigan Avenue Road, thence in a northeasterly direction with the eastern right of way of Michigan Avenue Road, 80 more or less, to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 507 REGULAR SESSION DECEMBER 13, 2021 PAGE -507- MINUTE BOOK 30 NOVEMBER 10, 2021 MICHIGAN AVE RD & WILKINSON RD PROPERTY ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 100 acres located on North Lee Hwy 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 2021. 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. The property consists of a portion of one parcel with the remainder of the parcel already within the corporate limits of the City of Cleveland. No changes to the site are anticipated at this time. The property is described as a portion of Tax Map 43 Parcel 12.00. MICHIGAN AVE RD & WILKINSON RD PROPERTY MAP p. 508 REGULAR SESSION DECEMBER 13, 2021 PAGE -508- MINUTE BOOK 30 Legal Description Beginning at an iron pin located at the northeast corner of Michigan Avenue Road and Wilkinson Road; thence with the eastern right of way of Michigan Avenue Road north 33 degrees 25 minutes 51 seconds east, 182.60 feet to an iron pin; thence north 32 degrees 26 minutes 00 seconds east, 956.35 feet to an iron pin; thence north 36 degrees 7 minutes 18 seconds east, 108.08 feet to an iron pin; thence leaving the right of way of Michigan Avenue Road, South 66 degrees 23 minutes 52 seconds east, 885.46 feet to an iron pin; thence south 65 degrees 47 minutes 00 seconds east, 2090.86 to an iron pin; thence south 24 degrees 13 minutes 00 seconds west, 1421.91 feet to an iron pin; thence north 71 degrees 10 minutes 33 seconds west, 41.34 feet to an iron pin; thence with a left handed curve D=10 degrees 25 minutes 29 seconds R=313.00 feet A=56.95 feet BN= 65 degrees 10 minutes 25 seconds west C=56.87 feet to an iron pin; thence north 70 degrees 23 minutes 8 seconds west, 115.38 feet to an iron pin; thence north 69 degrees 45 minutes 4 seconds west, 484.46 feet to an iron pin; thence north 71 degrees 19 minutes 21 seconds west, 401.35 feet to an iron pin; thence north 69 degrees 13 minutes 2 seconds west, 152.69 feet to an iron pin; thence in a southerly direction crossing the right of way of Wilkinson Road 42 feet, more or less, to a point in the southern right of way of Wilkinson Road, the previous line forming a perpendicular angle with the southern right of way of Wilkinson Road; thence with the southern right of way of Wilkinson Road in a northeasterly direction 1940 feet, more less, to the southeastern corner of the intersection of Wilkinson Road and Michigan Avenue Road, thence in a northeasterly direction with the eastern right of way of Michigan Avenue Road, 80 more or less, to the point of beginning. Plan of Services 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation. There is no additional cost expected from this annexation. 2. Fire Protection The Cleveland Fire Department could provide immediate service to this parcel from our current Station 2 located on Paul Huff Parkway. 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--- Domestic water service is available to this parcel. See Figure 1. Note that water can be provided via the water main along Wilkinson Road. Tapping the 20- inch diameter water main and crossing Michigan Avenue Road is not allowed. B. Sanitary Sewer--- This parcel is not presently served with sanitary sewer service. Sanitary sewer service is along the west side of Michigan Avenue Road. This site cannot be served by a gravity sewer main. A sewer force main (pressure pipe) will be provided that can be pumped into from the future site sewer infrastructure. Sewer service to this parcel would be provided via new sewer force main pipe beginning at the existing Chatata Creek Sewer Pump Station and thence running easterly with and along an existing sewer main to Michigan Avenue Road, then southerly along Michigan Avenue Road to the site, totaling approximately 1,900 linear feet. See Figure 2. To provide sewer service to this parcel, it is estimated to cost $237,500 (1,900 feet @ 125/ft) and can be completed within eight (8) years after annexation. p. 509 REGULAR SESSION DECEMBER 13, 2021 PAGE -509- MINUTE BOOK 30 C. Fire Protection--- If others require a fire hydrant to be located nearer the property boundary along Wilkinson Road, a fire hydrant can be installed at that location for a cost of $5,000 and can be completed within eight (8) years after annexation. SUMMARY OF COSTS Location Domestic Water Sanitary Sewer Fire Protection Total Michigan Avenue Rd $0 $237,500 $5,000 $242,500 @ Wilkinson Rd (Tax Map 043, 012.00) p. 510 REGULAR SESSION DECEMBER 13, 2021 PAGE -510- MINUTE BOOK 30 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 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. p. 511 REGULAR SESSION DECEMBER 13, 2021 PAGE -511- MINUTE BOOK 30 6. Schools Approximately 106 students would be expected to be added to the school system as a result of the development of this property within the City limits with an expected $103,886.04 annual education cost to city. 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 PUD Planned Unit Development Zoning District as its post-annexation zoning. 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. p. 512 REGULAR SESSION DECEMBER 13, 2021 PAGE -512- MINUTE BOOK 30 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 664 residents to the 4th 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 With approximately 277 homes developed on the site with a conservative estimated value of $250,000 each, property tax revenue would increase to approximately $353,175. With an estimated 664 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 $76,858. The annual stormwater fee for all homes on this site is estimated at $5,418. Total revenue generated as a result of this annexation after the subdivision is developed would be approximately $435,451. Councilman May moved that Resolution 2021-103 be accepted as presented. The motion was seconded by Councilman Webb. Councilman Estes inquired if the plan of service would change depending on what Planning Commission recommends the zoning to be. Mr. Jobe stated no, everyone reviews at the maximum density and the proposed zoning in the plan of service is PUD. Staff and the Planning Commission are still reviewing the zoning, which should come before us at the next meeting. Upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-104 – Annexing about 100.26 acres located on Michigan Ave Rd and Wilkinson Rd NE (Tax Map 43 a portion of Parcel 12.00) (Planning Commission: Approved 9-0). RESOLUTION 2021-104 A RESOLUTION TO ANNEX CERTAIN TERRITORY UPON WRITTEN CONSENT OF THE OWNERS AND TO INCORPORATE THE SAME WITHIN THE BOUNDARIES OF THE CITY OF CLEVELAND, TENNESSEE MICHIGAN AVE RD & WILKINSON RD PROPERTY ANNEXATION AREA p. 513 REGULAR SESSION DECEMBER 13, 2021 PAGE -513- MINUTE BOOK 30 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 December 13, 2021. NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A.That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: Beginning at an iron pin located at the northeast corner of Michigan Avenue Road and Wilkinson Road; thence with the eastern right of way of Michigan Avenue Road north 33 degrees 25 minutes 51 seconds east, 182.60 feet to an iron pin; thence north 32 degrees 26 minutes 00 seconds east, 956.35 feet to an iron pin; thence north 36 degrees 7 minutes 18 seconds east, 108.08 feet to an iron pin; thence leaving the right of way of Michigan Avenue Road, South 66 degrees 23 minutes 52 seconds east, 885.46 feet to an iron pin; thence south 65 degrees 47 minutes 00 seconds east, 2090.86 to an iron pin; thence south 24 degrees 13 minutes 00 seconds west, 1421.91 feet to an iron pin; thence north 71 degrees 10 minutes 33 seconds west, 41.34 feet to an iron pin; thence with a left handed curve D=10 degrees 25 minutes 29 seconds R=313.00 feet A=56.95 feet BN= 65 degrees 10 minutes 25 seconds west C=56.87 feet to an iron pin; thence north 70 degrees 23 minutes 8 seconds west, 115.38 feet to an iron pin; thence north 69 degrees 45 minutes 4 seconds west, 484.46 feet to an iron pin; thence north 71 degrees 19 minutes 21 seconds west, 401.35 feet to an iron pin; thence north 69 degrees 13 minutes 2 seconds west, 152.69 feet to an iron pin; thence in a southerly direction crossing the right of way of Wilkinson Road 42 feet, more or less, to a point in the southern right of way of Wilkinson Road, the previous line forming a perpendicular angle with the southern right of way of Wilkinson Road; thence with the southern right of way of Wilkinson Road in a northeasterly direction 1940 feet, more less, to the southeastern corner of the intersection of Wilkinson Road and Michigan Avenue Road, thence in a northeasterly direction with the eastern right of way of Michigan Avenue Road, 80 more or less, to the point of beginning. p. 514 REGULAR SESSION DECEMBER 13, 2021 PAGE -514- MINUTE BOOK 30 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 NOVEMBER 10, 2021 MICHIGAN AVE RD & WILKINSON RD PROPERTY ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 100 acres located on North Lee Hwy 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 2021. 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. p. 515 REGULAR SESSION DECEMBER 13, 2021 PAGE -515- MINUTE BOOK 30 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 a portion of one parcel with the remainder of the parcel already within the corporate limits of the City of Cleveland. No changes to the site are anticipated at this time. The property is described as a portion of Tax Map 43 Parcel 12.00. MICHIGAN AVE RD & WILKINSON RD PROPERTY MAP Legal Description Beginning at an iron pin located at the northeast corner of Michigan Avenue Road and Wilkinson Road; thence with the eastern right of way of Michigan Avenue Road north 33 degrees 25 minutes 51 seconds east, 182.60 feet to an iron pin; thence north 32 degrees 26 minutes 00 seconds east, 956.35 feet to an iron pin; thence north 36 degrees 7 minutes 18 seconds east, 108.08 feet to an iron pin; thence leaving the right of way of Michigan Avenue Road, South 66 degrees 23 minutes 52 seconds east, 885.46 feet to an iron pin; thence south 65 degrees 47 minutes 00 seconds east, 2090.86 to an iron pin; thence south 24 degrees 13 minutes 00 seconds west, 1421.91 feet to an iron pin; thence north 71 degrees 10 minutes 33 seconds west, 41.34 feet to an iron pin; thence with a left handed curve D=10 degrees 25 minutes 29 seconds R=313.00 feet A=56.95 feet BN= 65 degrees 10 minutes 25 seconds west C=56.87 feet to an iron pin; thence north 70 degrees 23 minutes 8 seconds west, 115.38 feet to an iron pin; thence north 69 degrees 45 minutes 4 seconds west, 484.46 feet to an iron pin; thence north 71 degrees 19 minutes 21 seconds west, 401.35 feet to an iron pin; thence north 69 degrees 13 minutes 2 seconds west, 152.69 feet to an iron pin; thence in a southerly direction crossing the right of way of Wilkinson Road 42 feet, more or less, to a point in the southern right of way of Wilkinson Road, the previous line forming a perpendicular angle with the southern right of way of Wilkinson Road; thence with the southern right of way of Wilkinson Road in a northeasterly direction 1940 feet, more less, to the southeastern corner of the intersection of Wilkinson Road and Michigan Avenue Road, thence in a northeasterly direction with the eastern right of way of Michigan Avenue Road, 80 more or less, to the point of beginning. p. 516 REGULAR SESSION DECEMBER 13, 2021 PAGE -516- MINUTE BOOK 30 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 2 located on Paul Huff Parkway. 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--- Domestic water service is available to this parcel. See Figure 1. Note that water can be provided via the water main along Wilkinson Road. Tapping the 20- inch diameter water main and crossing Michigan Avenue Road is not allowed. B. Sanitary Sewer--- This parcel is not presently served with sanitary sewer service. Sanitary sewer service is along the west side of Michigan Avenue Road. This site cannot be served by a gravity sewer main. A sewer force main (pressure pipe) will be provided that can be pumped into from the future site sewer infrastructure. Sewer service to this parcel would be provided via new sewer force main pipe beginning at the existing Chatata Creek Sewer Pump Station and thence running easterly with and along an existing sewer main to Michigan Avenue Road, then southerly along Michigan Avenue Road to the site, totaling approximately 1,900 linear feet. See Figure 2. To provide sewer service to this parcel, it is estimated to cost $237,500 (1,900 feet @ 125/ft) and can be completed within eight (8) years after annexation. C. Fire Protection--- If others require a fire hydrant to be located nearer the property boundary along Wilkinson Road, a fire hydrant can be installed at that location for a cost of $5,000 and can be completed within eight (8) years after annexation. SUMMARY OF COSTS Location Domestic Water Sanitary Sewer Fire Protection Total Michigan Avenue Rd $0 $237,500 $5,000 $242,500 @ Wilkinson Rd (Tax Map 043, 012.00) p. 517 REGULAR SESSION DECEMBER 13, 2021 PAGE -517- MINUTE BOOK 30 4. Electric Service This property is currently served by Cleveland Utilities Electric Division. No additional costs are anticipated. p. 518 REGULAR SESSION DECEMBER 13, 2021 PAGE -518- MINUTE BOOK 30 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. 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. e. 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. p. 519 REGULAR SESSION DECEMBER 13, 2021 PAGE -519- MINUTE BOOK 30 6. Schools Approximately 106 students would be expected to be added to the school system as a result of the development of this property within the City limits with an expected $103,886.04 annual education cost to city. 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 PUD Planned Unit Development Zoning District as its post-annexation zoning. 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. p. 520 REGULAR SESSION DECEMBER 13, 2021 PAGE -520- MINUTE BOOK 30 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 664 residents to the 4th 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 With approximately 277 homes developed on the site with a conservative estimated value of $250,000 each, property tax revenue would increase to approximately $353,175. With an estimated 664 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 $76,858. The annual stormwater fee for all homes on this site is estimated at $5,418. Total revenue generated as a result of this annexation after the subdivision is developed would be approximately $435,451. Councilman Estes moved that Resolution 2021-104 be accepted as presented. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-105 – Approving the Redistricting Map for the City of Cleveland as a result of the 2020 Census. RESOLUTION 2021-105 A RESOLUTION APPROVING THE REDISTRICTING MAP FOR THE CITY OF CLEVELAND AS A RESULT OF THE 2020 CENSUS WHEREAS, the five City Council members elected by districts, along with Chris Gaylor, City’s GIS Administrator and Fran Green, Bradley County Administrator of Elections have served as the Redistricting Committee for drawing the voting district lines for the City of Cleveland; WHEREAS, the Redistricting Committee, has met several times and developed a final Redistricting Map; p. 521 REGULAR SESSION DECEMBER 13, 2021 PAGE -521- MINUTE BOOK 30 BE IT THEREFORE RESOLVED, by the City Council of the City of Cleveland that the attached map entitled “Cleveland Council Redistricting Map Based on April 1, 2020 Census” dated December 2021 is hereby adopted by the City Council and said map shall be submitted to the Bradley County Election Commission. Adopted this 13th day of December, 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution 2021-105 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution 2021-106 – Approving the purchase of Hangar N-14 at the Cleveland Regional Jetport and for legal counsel to prepare a purchase and sale agreement. RESOLUTION 2021-106 WHEREAS, the Cleveland Municipal Airport Authority operates the Cleveland Regional Jetport; and WHEREAS, one of the hangars located at the Jetport which is currently subject to a long-term ground lease with the Cleveland Municipal Airport Authority is currently owned by Michael Quayle and is designated as Hangar N-14; and WHEREAS, Michael Quayle has offered to sell this hangar to the City of Cleveland for the sum of $250,000; and WHEREAS, Michael Quayle’s proposal to sell the hangar to the City is attached hereto; and p. 522 REGULAR SESSION DECEMBER 13, 2021 PAGE -522- MINUTE BOOK 30 WHEREAS, the City Council desires to authorize the City’s legal counsel to prepare a purchase and sale agreement in a form acceptable to both the City and the Seller to consummate the purchase of the hangar by the City for the sum of $250,000. 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 purchase of the hangar from Michael Quayle for the sum of $250,000. BE IT FURTHER RESOLVED that the City’s legal counsel is authorized to prepare a purchase and sale agreement in a form acceptable to both the City and the Seller to consummate the purchase of the hangar by the City for the sum of $250,000. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the purchase and sale agreement and any other documents which may be necessary or appropriate on behalf of the City of Cleveland in order to consummate the purchase of this hangar by the City. This 13th day of December 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution 2021-106 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following memo was presented: TO: Mayor & City Council FROM: Joe Fivas, City Manager DATE: December 13, 2021 RE: ARPA Affordable Housing SUMMARY: In November, the City and County had staff level discussions of partnering and coordinating an Affordable Housing Initiative utilizing APRA funds. Last week, the County Commission has begun the discussions on this Affordable Housing Initiative. This coordinated Affordable Housing Initiative would include granting, from both the City and the County, $400,000 for City Fields and $300,000 to the Habitat for Humanity of Cleveland. City Fields already has agreements in place to purchase approximately 15 rental homes, and then rehabilitation or rebuild homes on these lots that would be targeted to single family homeowners. The $400,000 would be used to make these initial purchases. The City would individually review each property purchase and allocate the funds individually after it has met our program standards. The City will contractually require that homes in Blythe Oldfield area and College Hill area be includes in these purchases. Habitat for Humanity will be constructing approximately 15 homes/townhomes for single family residents on land at the corner of Foster Lane and 20th Street that are primarily targeted as their first home purchase. The City will grant $300,000 to Habitat for Humanity of Cleveland for these project costs. The City is also contributing CDBG funds to assist with this development. Affordable housing is a critical area of investment for our community. With extremely high price inflation and housing competition there are many first time home buyers and low to p. 523 REGULAR SESSION DECEMBER 13, 2021 PAGE -523- MINUTE BOOK 30 moderate home purchasers that cannot afford the initial costs to purchase a home, even though they can afford the long-term mortgage payments. These programs also include possible down payment assistance and assistance on many other facets of owning a new home. For both of these projects, time is of the essence, and they are ready to move forward with these projects immediately upon approval. This is the City-County Partnership portion of this funding, and this does not preclude to adding additional funds in later years for this program. COMMITTEE FINDINGS: N/A FISCAL ANALYSIS: With this proposal, the City would take land and properties valued at approximately $600,000, and potentially increase the assessed value to approximately $3,000,000 for both the City and County tax base. RECOMMENDATION: City staff recommends approval of partnering with the County on this Affordable Housing Initiative with targeting $400,000 for City Fields, and $300,000 for Habitat for Humanity of Cleveland. The City will develop a grant agreement with both of these organizations to assure that all Federal, State, and Local guidelines are followed. Councilman Webb moved to approve a partnership with Bradley County on the Affordable Housing Initiative utilizing ARPA funds. The motion was seconded by Vice Mayor Johnson. Councilman Estes stated he is a Board Member of City Fields which does not affect his vote. Upon roll call, the motion was unanimously approved. The following memo was presented in full: TO: Mayor & City Council FROM: Joe Fivas, City Manager DATE: December 13, 2021 RE: 140 Inman Street Property Purchase SUMMARY: The City Council approved a purchase agreement on this property in November pending the City staff completing due diligence on the site. COMMITTEE FINDINGS: N/A FISCAL ANALYSIS: N/A RECOMMENDATION: After completion of our due diligence, City staff is recommending to not purchase the property at 140 Inman Street unless the purchase price is reduced. Councilman Webb moved to approve the memo and not move forward with the purchase of 140 Inman Street. The motion was seconded by Councilwoman McKenzie; and upon roll call, the motion was unanimously approved. p. 524 REGULAR SESSION DECEMBER 13, 2021 PAGE -524- MINUTE BOOK 30 Councilman Cassada read the following letter aloud from Mr. Ronald Barker: Councilman Cassada then moved to accept the donation of property from Ronald Barker to be used for the Jim Sharp Park with no other restrictions. This donation will serve the community well. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman Cassada stated the 775 Raider Drive building and property donation from Mr. Forrest Preston is the same as what we just approved, with no restrictions. He then moved to accept the donation of 775 Raider Drive from Mr. Preston with no restrictions. Long-term plans both City Hall and the Cleveland Police Department will have to have work done. This is an opportunity to capture a building and spend $5 million to renovate it. The city school system needs a new location as well. We can figure it out after the fact to see what the best use is, but this is an opportunity we should accept. Our building is dilapidated. We continue to grow, and we should use taxpayer money efficiently and plan for the future. Councilman Estes asked if we had a second on the motion to continue discussion. The motion was then seconded by Vice Mayor Johnson. Councilman May stated the letter we received was dated January 2020. Is that correct? Why is it so urgent that we do something in this meeting? Councilman Cassada stated we all know as we get older we get frail, as Mr. Preston is. If we do not accept this gift now, it p. 525 REGULAR SESSION DECEMBER 13, 2021 PAGE -525- MINUTE BOOK 30 will likely go into the Estate and the City will miss this opportunity all together. Councilman Webb stated recognizing the decision to accept or not accept the generous offer from Mr. Forrest Preston of the property located at 775 Raider Drive is an important decision for this Council and is potentially one with far reaching impacts to our City, he then made the following substitute motion. That this Council ask our very capable staff of engineers, architects, financial professionals and others to complete a thorough analysis of this offer from a financial and logistical standpoint, including, but not limited to the current structure, design and condition of the building and all its components and the potential uses of the building for government functions. The analysis will estimate the initial cost of preparing the building for use and an estimate of ongoing cost along with the allocation of those costs to various agencies identified in the analysis with an interest in potentially occupying the structure if the transaction is completed. The analysis will address the funding source and budget considerations for renovations and ongoing costs. The analysis will not include any consideration of the relocation of City Hall and those administrative operations of the City of Cleveland and the City Council from downtown Cleveland. Satellite operations of certain functions may be considered. The analysis will be prepared promptly and presented to the Council in February 2022, along with a minimum of 3 options for the Council to consider. The motion was seconded by Councilman Hughes. Councilwoman McKenzie stated we need a feasibility study, and it needs to be completed by the January 10 meeting. Councilman Hughes stated it is the holidays and staff would need at least until January 24. Councilman Webb amended his motion to reflect January 24. The amendment was seconded by Councilman Hughes. Upon roll call, Councilman Webb, Councilman Hughes, Councilman Estes, Councilman May voted aye. Councilman Cassada, Vice Mayor Johnson and Councilwoman McKenzie voted no. The motion passed 4:3. ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on Monday, January 10, 2022. • Holiday Schedule: City offices will be closed as follows: • Thursday, December 23 and Friday, December 24 for the Christmas Holiday (Due to the Christmas Holiday Week, the December 27th meeting will be cancelled.). • Friday, December 31 and Monday, January 3 for the New Year’s Holiday There being no future business the meeting was adjourned at 4:17 p.m. _________________________________ __________________________________ Mayor City Clerk