Cleveland City Council

p. 310 REGULAR SESSION SEPTEMBER 11, 2023 3:00 P.M. MINUTE BOOK 31 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, SEPTEMBER 11, 2023 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Vice Mayor Avery Johnson. Also present were Councilmen David May, Tom Cassada, Dale Hughes, Ken Webb, and Councilwoman Marsha McKenzie. Mayor Kevin Brooks and Councilman Bill Estes were absent from the meeting. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Sue Zius, Administrative Coordinator; Beverley Lindsey, Assistant to the City Manager; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Police Chief Mark Gibson; Interim Fire Chief Rock Eulo; Chris Gaylor, Assistant IT Director; Gideon Ratcliff with Mix104.1; Cathy Andrews, CDBG Coordinator; Doug Berry with the Chamber of Commerce; David Goodwill; RaSharon King; Michell Goldston; Jodi Riggins; Ben Berry with Berry Engineering; Dr. Jerry Bancroft; Nathan Cates and Tim Hayslett with Miller & Martin; Seth Sumner; Dustin Tommey and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Webb, who asked for a moment of silence in remembrance for the victims and families of the September 11, 2001, the following business was then entered into: WAIVE READING OF MINUTES Councilman May 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 August 28, 2023 and approve them as written. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Vice Mayor Johnson asked if anyone would like to address the Council. No one spoke. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning a request by Amaero Advanced Materials & Manufacturing Inc. for consideration of an ordinance to zone about 13.22 acres, more or less, of property located on Innovation Drive from IL Light Industrial Zoning District to IH Heavy Industrial Zoning District and includes Tax Map 055 Parcel 046.09 (Planning Commission: Approved 9-0). Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Amaero Advanced Materials & Manufacturing Inc. for consideration of an ordinance to zone about 13.22 acres, more or less, of property located on Innovation Drive from IL Light Industrial Zoning District to IH Heavy Industrial Zoning District and includes Tax Map 055 Parcel 046.09. Robert Varnell stated the future occupiers of the building would like the property zoned IH and staff is in support of the request. The Planning Commission approved this item 9-0. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the request. Doug Berry with the Chamber of Commerce stated the Industrial Development Board is in support of this request. Nathan Cates with Miller & Martin, PLLC stated they are in support of this request as well and excited about this project. Vice Mayor Johnson asked if anyone would like to speak in opposition of the request. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. p. 311 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -311- MINUTE BOOK 31 b. Public Hearing – To hear public comments concerning a request by Dean Custom Homes LLC for consideration of an ordinance to zoning about .13 acres, more or less, of property located on Pugh Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcel 013.00 (Planning Commission: Approved 9-0). Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Dean Custom Homes LLC for consideration of an ordinance to zoning about .13 acres, more or less, of property located on Pugh Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcel 013.00. Robert Varnell stated this area and neighborhood are residential uses and is the intended use of the property. The lot size can only be zoned R2 and a single-family structure. Staff is in support of the request and the Planning Commission approved this item 9-0. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the request. No one spoke. Vice Mayor Johnson asked if anyone would like to speak in opposition of the request. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. c. Public Hearing – To hear public comments concerning a request by Don Jacobsen for consideration of an ordinance to zone about .25 acres, more or less, of property located on Pugh Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcels 019.00 and 020.00 (Planning Commission: Approved 8-1). Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Don Jacobsen for consideration of an ordinance to zone about .25 acres, more or less, of property located on Pugh Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcels 019.00 and 020.00. Robert Varnell stated the intent of the owner is to build a single-family home on this property. Staff is in support of the request and the Planning Commission approved this item 9-0. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the request. No one spoke. Vice Mayor Johnson asked if anyone would like to speak in opposition of the request. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. d. Public Hearing – To hear public comments concerning a request by Don Jacobsen for consideration of an ordinance to zone about .26 acres, more or less, of property located on High Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcel 007.00 (Planning Commission: Approved 8-1). Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Don Jacobsen for consideration of an ordinance to zone about .26 acres, more or less, of property located on High Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcel 007.00. Robert Varnell stated the owner’s intent is to build a single-family structure on this property as well. Staff is in support of the request and the Planning Commission approved this item 9-0. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the request. No one spoke. Vice Mayor Johnson asked if anyone would like to speak in opposition of the request. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. e. Public Hearing – To hear public comments concerning a request by Larry and Nancy Eskew for consideration of a plan of service, a resolution to annex, and an ordinance to zone about 10 acres, more or less, for property located on the NE corner of Georgetown Rd. and Eureka Rd. from the unincorporated county to CH Highway Commercial Zoning District and includes Tax Map 026 Parcel 029.01 (Planning Commission: Approved 9-0). p. 312 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -312- MINUTE BOOK 31 Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Larry and Nancy Eskew for consideration of a plan of service, a resolution to annex, and an ordinance to zone about 10 acres, more or less, for property located on the NE corner of Georgetown Rd. and Eureka Rd. from the unincorporated county to CH Highway Commercial Zoning District and includes Tax Map 026 Parcel 029.01. Robert Varnell stated this hearing is for all components of the annexation and zoning. Final reading of the zoning ordinance will be after a interlocal agreement is presented to the Bradley County Commission concerning the roadway. Vice Mayor Johnon asked how long it will take to implement the plan of service. Mr. Varnell stated the applicant could decrease the timeframe in many ways if they chose but according to State Law, we have approximately seven years to provide some of the services, but most will begin immediately. Staff is in support of the request and the Planning Commission approved this item 9-0. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the request. Dr. Jerry Bancroft stated he has property across Georgetown Road and would like to discuss annexation of his property. Mr. Fivas stated yes, if this passes and goes into effect, staff will work with you specifically on your property. Vice Mayor Johnson asked if anyone would like to speak in opposition of the request. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. f. Public Hearing – To hear public comments concerning a request by the City of Cleveland to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3.0 Site Design Requirements for parking lots for commercial uses (Planning Commission: Approved 9-0). Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the City of Cleveland to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3.0 Site Design Requirements for parking lots for commercial uses. Robert Varnell stated this is clarifying our Code, to give options for solid parking lots. There are exceptions that allows the Planning Director to make in situations where an industrial site might need gravel for storage or excess parking. Staff is in support of the request and the Planning Commission approved this item 9-0. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the request. No one spoke. Vice Mayor Johnson asked if anyone would like to speak in opposition of the request. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. g. Public Hearing – To hear public comments concerning a request by City of Cleveland to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, sections APP-C-82 (I), 3.4.1 Drives, driveways, and sidewalks, APP-C-125(f), 3.1.F, 6.2.1, and 6.2.2 to remove reference to Public works director and replace with Planning Director or designee. (Planning Commission: Approved 9-0). Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning a request by City of Cleveland to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, sections APP-C-82 (I), 3.4.1 Drives, driveways, and sidewalks, APP- C-125(f), 3.1.F, 6.2.1, and 6.2.2 to remove reference to Public Works Director and replace with Planning Director or designee. Robert Varnell stated this is updating language to the Planning Director. Staff is in support of the request and the Planning Commission approved this item 9-0. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the request. No one spoke. Vice Mayor Johnson asked if anyone would like to speak in opposition of the request. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. h. Public Hearing – To hear public comments concerning the Consolidated Annual Performance Evaluation Report (CAPER) for the FY2022-2023 Community Development Block Grant Program (CDBG). Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning the Consolidated Annual Performance Evaluation Report (CAPER) for the FY2022-2023 Community Development Block Grant Program (CDBG). Cathy Andrews, p. 313 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -313- MINUTE BOOK 31 Redevelopment Coordinator stated she oversees the CDBG program and reviewed the following information: CDBG: City of Cleveland received Community Development Block Grant funding in the amount of $374,768 for the Program Year 2022-2023 Annual Allocation. The Consolidated Annual Performance Evaluation Report (CAPER) is for the period of July 1, 2022, through June 30, 2023, and is the 4th report for the City of Cleveland’s Five-Year Consolidated Planning period of 2019-2023. The projects proposed in the 2022 Action Plan were adhered to during 2022-2023 and were directly related to the priorities set forth in the Consolidated Plan/Action Plan. Priority needs and objectives identified in the Action Plan were: GOAL ACTIVITY BUDGET EXPENDITURE BALANCE Code Enforcement Code Enforcement $ 72,000.00 $ 55,501.88 $ 16,498.12 Administration Admin/Project Oversight $ 74,000.00 $ 74,000.00 $ - Public Facility 2022 Mosby Park $ 181,240.00 $ 181,240.00 $ - 2022 Down Payment Affordable Housing. $ 48,000.00 $ 18,000.00 $ 30,000.00 Assistance Public Facility 2021 Mosby Park $ 32,762.00 $ 32,762.00 $ - Affordable Housing 2021 DPA $ 6,000.00 $ 6,000.00 $ - Program and Project implementation and grant COVID Admin Allocation 2 $ 60,137.12 $ 12,560.28 $ 47,576.84 admin Program and Project COVID Allocation $ 4,537.66 $ 4,537.66 $ - Development COVID Cold Weather Shelter year 3 $ 10,000.00 $ 3,892.07 $ 6,107.93 2019 Down Payment Affordable Housing $ 24,000.00 $ 12,000.00 $ 12,000.00 Assistance Public Facilities 2018 Blythe Sidewalks $ 76,592.68 $ 21,675.02 $ 54,917.66 Grand Total $ 589,269.46 $ 422,168.91 $ 167,100.55 SUMMARY OF PROJECTS/ACTIVITIES CODES ENFORCEMENT • Code Enforcement Officer designated to CDBG target area to provide concentrated code enforcement of municipal codes. • Proactive code enforcement sweeps are performed on a weekly basis of the CDBG target area. • Officers help fight blight and housing deterioration in target area neighborhoods with entry level notices of violation for high grass, inoperable vehicles as well as trash and debris. • The Codes Division has a grand total of 876 cases for during the fiscal year. These numbers are comprised of: o High Grass and Weeds – 407 o Inoperable Vehicles – 52 o Improper Trash/Debris/Unsanitary Property – 94 o Structure Related – 6 o Condemnation: No Repair Possible – 5 o Stagnant Water – 2 o Swimming Pool Fence/Barrier – 1 o Abandoned/Unused Container – 69 o Appliances Not Allowed on Exterior Premises – 28 p. 314 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -314- MINUTE BOOK 31 o No Indoor Furniture on Exterior Premises – 41 o Sight Obstruction – 2 o Premises to be Kept Clean – 157 o Ready Removable – 5 o Facilities, Containers, and Collection – 7 • Education for property owners and landlords regarding health and safety issues, property maintenance and violations o Code enforcement website and Facebook page o Work with local community groups; Booths at public events to distribute brochures. • Public awareness of codes enforcement and lead based paint hazards by providing information to residents within the target area. • Current codes are assessable on City’s website as well as an avenue for citizen complaints. o Contacting the Codes office • Code Enforcement partners with organizations such as Coalition for Community Improvement, Keep America Beautiful, The Refuge, City Fields, neighborhood associations, local church groups and service organizations to utilize every resource available to improve the livability within the target area. City Fields provides support for elderly and handicap residents that need assistance with lawn mowing. Employees and volunteers of City Fields provided the service 11 times from April 1 through July 31. City Fields also mows two community gardens located in the Blythe Oldfield and College Hill communities. The service area for Code Enforcement is the CDBG target area which encompasses Census Tracts: 103, Block Group 1, 2; Tract 104, Block Group 1, 2; Tract 105, Block Group 2; Tract 107, Block Group 1, 2, 3, 4; and Tract 108, Block Group 1, 2, 3. PUBLIC FACILITY AND INFRASTRUCTURE IMPROVEMETS Mosby Park Mosby Park was completed in June 2023. Sidewalks Completion of Phase 3 of the Blythe-to-Blythe Sidewalk Project AFFORDABLE HOUSING Down Payment Assistance Down Payment Assistance in the amount of $6,000 per household was provided to six families purchasing affordable homes. One home was constructed by Habitat for Humanity of Cleveland. This property is located on Foster Lane, which is Census Tract 7, Block Group 2. Five homes were constructed by City Fields. One in the Blythe Community, three on Wilson Avenue, and one on 13th Street. PUBLIC SERVICES (CARES Act Funding) Cold Weather Shelter Program The City of Cleveland partnered with community organizations and provided $10,000. The program provided rooms for 34 nights to individuals experiencing homelessness during the months of November and December 2022 and January, February, and March 2023 when the temperature dropped below 32 degrees. FAIR HOUSING EFFORTS • Fair Housing Booklets are provided to all Habitat for Humanity clients. • Fair Housing Booklets are provided to all City Field clients. • The CDBG office displayed a Fair Housing Poster and handed out Fair Housing bracelets with Bradley County’s Health Department at the Fall Festival. p. 315 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -315- MINUTE BOOK 31 • Twenty letters containing a Fair Housing Booklet were sent to the owners of Cleveland rental properties. • A Fair Housing poster was on display in the Cleveland Municipal Building to promote Fair Housing Month in April. • Fair Housing was mentioned at Annual Action Plan public meetings–1/24/23, and 2/21/23. • Costs associated with any Fair Housing efforts were paid through Administration funds. • Fair Housing information is available on the City of Cleveland website. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the report. No one spoke. Vice Mayor Johnson asked if anyone would like to speak in opposition of the report. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. i. Public Hearing – To hear public comments concerning the FY2024-2025 Annual Action Plan for the Community Development Block Grant Program. Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2024-2025 Annual Action Plan for the Community Development Block Grant Program. Cathy Andrews, Redevelopment Coordinator stated this is for the upcoming CDBG Action Plan. We will begin working on our new 5-year plan in July 2024 and holding additional public hearings to develop a plan. Vice Mayor Johnson asked if anyone would like to speak concerning the action plan. No one spoke. Vice Mayor Johnson declared the public hearing to be closed. CONSENT AGENDA Vice Mayor Johnson stated the Consent Agenda was presented during the Work Session. Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, unanimously passed. a. Final Passage - Ordinance 2023-34 – heretofore passed on first reading August 28, 2023 and found in Minute Book 31, Page 303; Amending Title 13 of the Cleveland Municipal Code to create a new Chapter 5 titled Cleveland Land Bank Authority, which will create a Land Bank Corporation in accordance with TCA 13-30-101. b. Resolution 2023-94 – Authorizing the City to purchase of equipment for the Landscaping Department (Ventrac Tractor) through the Master Intergovernmental Cooperative Purchasing Agreement #031121-TTC. RESOLUTION 2023-94 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE EQUIPMENT, PRODUCTS, OR SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING CONTRACT #031121-TTC, AS AMENDED, WHICH IS ADMINISTERED BY SOURCEWELL, A STATE OF MINNESOTA LOCAL GOVERNMENT AGENCY AND SERVICE COOPERATIVE. __________________________________________________________________ WHEREAS Tennessee Code Annotated § 12-3-1205 provides that any municipality may participate in, sponsor, conduct, or administer a “cooperative purchasing agreement” for the procurement of any supplies, services, or construction with one (1) or more other local governments in accordance with an agreement entered into between the participants, including governmental entities outside this state; and WHEREAS, the Master Intergovernmental Cooperative Purchasing Agreement (“MICPA”) to provide equipment products or services between The Toro Company (“Company”) and Participating Entities in cooperation with Sourcewell, a State of Minnesota local government agency and service cooperative, on behalf of Participating Entities, which may include the City p. 316 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -316- MINUTE BOOK 31 of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of equipment, products or services pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code Annotated § 12-3- 1205; and WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative Purchasing Agreement provided that it adopts a resolution accepting the terms of the Contract and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered with Sourcewell which allows the City of Cleveland to enter into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements and facilitate access to the Master Agreement and the Company under Contract #031121-TTC, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12-3-1205 (a)(1). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the City of Cleveland be and is hereby authorized to purchase equipment, products or services as a participating public agency under MICPA Contract #031121-TTC, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12- 3-1205 (a)(1) through Sourcewell to be used by the Public Works Department for the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk c. Resolution 2023-95 - Approval of the FY2022-23 Consolidated Annual Performance Evaluation Report. RESOLUTION 2023-95 A RESOLUTION APPROVING THE 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City Council of the City of Cleveland, Tennessee passed a Resolution approving the 2022-2023 Annual Action Plan; and WHEREAS, the 2022-2023 Consolidated Annual Performance Evaluation Report (CAPER) has been prepared by City Staff and, and a summary of the same has been made available; and WHEREAS, the City Council desires to approve the 2022-2023 Consolidated Annual Performance Evaluation Report; and NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the 2022-2023 Consolidated Performance Evaluation Report (CAPER) and authorizes the submission to the United States Department of Housing and Urban Development (HUD) Approved 11th day of September 2023. APPROVED AS TO FORM: p. 317 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -317- MINUTE BOOK 31 /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Resolution 2023-96 - Approval of the addendum to the contract with Bradley Cleveland Community Services Agency pertaining to ARP Grant. RESOLUTION 2023-96 WHEREAS, the City has an existing agreement with the Bradley Cleveland Community Services Agency regarding American Rescue Plan Act Funds; and WHEREAS, the current agreement ends on September 30, 2023; and WHEREAS, the City and Bradley Cleveland Community Services Agency desire to extend the agreement to September 30, 2024; and WHEREAS, the City’s Redevelopment Coordinator has prepared the attached addendum to the existing agreement to extend the term of the agreement to September 30, 2024; and WHEREAS, the City Council desires to approve of the addendum extending the term until September 30, 2024, and to authorize the Mayor to sign the addendum on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the addendum to the existing agreement with the Bradley Cleveland Community Services Agency regarding American Rescue Plan Act Funds, and the Mayor is hereby authorized to execute the addendum on behalf of the City. This 11th day of September 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk e. Resolution 2023-97 - Approving the proposed Charter of the Cleveland Land Bank Authority, Inc., authorizing submission of the Charter to the Tennessee Secretary of State for Certificate of Incorporation by the City Manager and authorizing certain powers to the Cleveland Land Bank Authority, Inc. RESOLUTION 2023-97 A RESOLUTION APPROVING THE PROPOSED CHARTER OF THE CLEVELAND LAND BANK AUTHORITY, INC.; AUTHORIZING THE SUBMISSION OF SAID CHARTER TO THE TENNESSEE SECRETARY OF STATE FOR CERTIFICATE OF INCORPORATION BY THE CITY MANAGER; AND DELEGATING AND AUTHORIZING CERTAIN POWERS TO THE CLEVELAND LAND BANK AUTHORITY, INC. WHEREAS, the City of Cleveland, Tennessee meets the requirements set forth by Tennessee Code Annotated § 13-30-101 et seq. to establish a land bank program; and WHEREAS, the City Council passed Ordinance Number 2023-24 on final reading on September 11, 2023, creating the land bank program; and p. 318 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -318- MINUTE BOOK 31 WHEREAS, the City Council desires to pass this Resolution approving of the proposed Charter of the Cleveland Land Bank Authority, Inc. and to authorize the City Manager to act as the initial incorporator for the land bank authority and to submit the same to the Tennessee Secretary of State for filing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the proposed Charter of the Cleveland Land Bank Authority, Inc. which is attached hereto and incorporated herein by reference is hereby approved and the City Manager is hereby granted permission and authorized to make application to the Secretary of State of the State of Tennessee for a Certificate of Incorporation under the corporate name of “The Cleveland Land Bank Authority, Inc.” BE IT FURTHER RESOLVED that the Cleveland Land Bank Authority, Inc. is hereby created pursuant to the authority of the Tennessee Local Land Bank Program set forth in Tennessee Code Annotated § 13-30-101 et seq. By such statute, the Cleveland Land Bank Authority, Inc. has authority to create a land bank for real property located within the boundaries of the City of Cleveland. “Land Bank” means real property, however obtained, or acquired and held by the Cleveland Land Bank Authority, Inc. with the intent of acquiring and holding onto the real property so acquired until such time as the corporation is able to find a willing and able buyer to acquire the real property from the corporation, pursuant to Tennessee Code Annotated § 13-30-101 et seq. and § 13-30-107. BE IT FURTHER RESOLVED that the City Council delegates and authorizes the Cleveland Land Bank Authority, Inc. to have all powers set forth in said Charter and Tennessee Code Annotated § 13-30-101 et seq. BE IT FURTHER RESOLVED that by virtue of the authority set forth in Tennessee Code Annotated § 13-30-104, the Cleveland Land Bank Authority, Inc. is performing a public function on behalf of the City of Cleveland and is a public instrumentality of the City. Accordingly, the Cleveland Land Bank Authority, Inc., and all properties of the corporation, including all properties held in the name of the corporation in the land bank at any and all times owned by it, and the income and revenues from the properties, are exempt from all taxation in the State of Tennessee. This 11th day of September 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk f. RFP - Drug and Alcohol Testing Services. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: September 11, 2023 RE: Drug and Alcohol Testing Services RFP SUMMARY: The City advertised to accept proposals for Drug and Alcohol Testing Services on August 22, 2023. Proposals were received from the following: • Arc Point Labs • DSI Medical Services • Norton Medical Industries • Physician Services • Wolfe, Inc. p. 319 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -319- MINUTE BOOK 31 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff has evaluated the proposals and recommends award to Physician Services. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman Cassada had no report at this time. Councilman May had no report at this time. Councilman Hughes had no report at this time. Councilman Webb had no report at this time. Vice Mayor Johnson had no report at this time. Councilwoman McKenzie stated she visited the Civitan Park to see the progress. It is going to be a great park for the special needs children in our community. Thank you to all who are making the inclusive park possible. NEW BUSINESS AND ORDINANCES a. Zoning Ordinance 2023-37 – Concerning a request by Amaero Advanced Materials & Manufacturing Inc. for consideration of an ordinance to zone about 13.22 acres, more or less, of property located on Innovation Drive from IL Light Industrial Zoning District to IH Heavy Industrial Zoning District and includes Tax Map 055 Parcel 046.09 (Planning Commission: Approved 9-0). ZONING ORDINANCE 2023-37 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from IL Light Industrial Zoning District to IH Heavy Industrial Zoning District. Approximately 13.2 acres, more or less, located on Innovation Drive as shown on the attached map. For reference, the same property is being shown on a portion of Tax Map 055 Parcel 046.09, 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. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. p. 320 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -320- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman Webb moved that Zoning Ordinance 2023-37 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. b. Zoning Ordinance 2023-38 – Concerning a request by Dean Custom Homes LLC for consideration of an ordinance to zoning about .13 acres, more or less, of property located on Pugh Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcel 013.00 (Planning Commission: Approved 9-0). ZONING ORDINANCE 2023-38 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Residential Zoning District. Approximately 0.13 acres, more or less, located at 142 Pugh Street as shown on the attached map. For reference, the same property is being shown on a portion of Tax Map 058A Group Q Parcel 013.00, 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. 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 p. 321 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -321- MINUTE BOOK 31 Exhibit A Councilman May moved that Zoning Ordinance 2023-38 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. c. Zoning Ordinance 2023-39 – Concerning a request by Don Jacobsen for consideration of an ordinance to zone about .25 acres, more or less, of property located on Pugh Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcels 019.00 and 020.00 (Planning Commission: Approved 8-1). ZONING ORDINANCE 2023-39 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Residential Zoning District. Approximately 0.25 acres, more or less, located at 223 Pugh Street as shown on the attached map. For reference, the same property is being shown on a portion of Tax Map 058A Group Q Parcels 019.00 and 020.00, 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. 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 p. 322 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -322- MINUTE BOOK 31 Exhibit A Councilman May moved that Zoning Ordinance 2023-39 be voted for passage on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. d. Zoning Ordinance 2023-40 – Concerning a request by Don Jacobsen for consideration of an ordinance to zone about .26 acres, more or less, of property located on High Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058A Group Q Parcel 007.00 (Planning Commission: Approved 8-1). ZONING ORDINANCE 2023-40 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Residential Zoning District. Approximately 0.26 acres, more or less, located at 175 High Street as shown on the attached map. For reference, same property is being shown on a portion of Tax Map 058A Group Q Parcel 007.00, 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. 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 p. 323 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -323- MINUTE BOOK 31 Exhibit A Councilman May moved that Zoning Ordinance 2023-40 be voted for passage on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. e. Resolution 2023-98 - Concerning a request by Larry and Nancy Eskew for consideration of a plan of service for about 10 acres, more or less, for property located on the NE corner of Georgetown Rd. and Eureka Rd. and includes Tax Map 026 Parcel 029.01 (Planning Commission: Approved 9-0). RESOLUTION 2023-98 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT GEORGETOWN-EUREKA RD. (029.01.00) 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 September 11, 2023, 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 the southeast corner of the lands of Christopher and Elvie Cartee, as recorded in BCROD deed book 2477 page 200, said point being located in the western right of way of Georgetown Road; thence following the western right of way of Georgetown Road 3,600 feet, more or less, to the northwest corner of the intersection of Georgetown Road, Freewill Road, and Eureka Road; thence crossing Georgetown Road in a northeasterly direction 110 feet, more or less, to the northwest corner of the intersection of Georgetown Road, Freewill Road, and Eureka p. 324 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -324- MINUTE BOOK 31 Road; thence following the western right of way of Eureka Road 415 feet to a point; thence crossing Eureka Road in an easterly direction 57 feet, more or less, to a corner in the right of way of Eureka Road; thence following the right of way of Eureka Road in a southeasterly direction 175 feet more or less, to the northwest corner of the lands of Larry and Nancy Eskew, as recorded in BCROD deed book 2848 page 107; thence with the northern line of the lands of Eskew in a southeasterly direction 1508 feet, more or less, to the northeast corner of the lands of Eskew; thence with the lands of Eskew in a southeasterly direction 397 feet, more or less, to the southeast corner of the lands of Eskew, said point also being located in the eastern right of way of Georgetown Road; thence following the eastern right of way of Georgetown Road in a southerly direction 2295 feet, more or less, to the southeast corner of Georgetown Road and Gregory Lane, said point being located in the existing City Limits; thence following the existing City Limits in a northerly direction 254 feet, more or less, to a corner in the existing City Limits located within the Georgetown Road right of way; thence with the existing City Limits in a southwesterly direction 90 feet, 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 AUGUST 15, 2023 CORNER OF GEORGETOWN AND EUREKA RD. (026 029.01) ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 10 acres located on the corner of Georgetown Rd and Eureka 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 2023. This report begins with a brief overview of the annexation process and the report then turns to a proposed Plan of Services (POS) for the annexation area. The services described are those that would be necessary for the City to provide under Tennessee law. This area is proposed to receive city services in accordance with the POS. p. 325 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -325- MINUTE BOOK 31 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 includes “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 annexation consists of one parcel. The annexation would zone the property as CH Highway Commercial. The property is described as Tax Map 029 Parcel 001.00. Georgetown-Eureka Rd. Map Legal Description Beginning at the southeast corner of the lands of Christopher and Elvie Cartee, as recorded in BCROD deed book 2477 page 200, said point being located in the western right of way of Georgetown Road; thence following the western right of way of Georgetown Road 3,600 feet, more or less, to the northwest corner of the intersection of Georgetown Road, Freewill Road, and Eureka Road; thence crossing Georgetown Road in a northeasterly direction 110 feet, more or less, to the northwest corner of the intersection of Georgetown Road, Freewill Road, and Eureka Road; thence following the western right of way of Eureka Road 415 feet to a point; thence crossing Eureka Road in an easterly direction 57 feet, more or less, to a corner in the right of way of Eureka Road; p. 326 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -326- MINUTE BOOK 31 thence following the right of way of Eureka Road in a southeasterly direction 175 feet more or less, to the northwest corner of the lands of Larry and Nancy Eskew, as recorded in BCROD deed book 2848 page 107; thence with the northern line of the lands of Eskew in a southeasterly direction 1508 feet, more or less, to the northeast corner of the lands of Eskew; thence with the lands of Eskew in a southeasterly direction 397 feet, more or less, to the southeast corner of the lands of Eskew, said point also being located in the eastern right of way of Georgetown Road; thence following the eastern right of way of Georgetown Road in a southerly direction 2295 feet, more or less, to the southeast corner of Georgetown Road and Gregory Lane, said point being located in the existing City Limits; thence following the existing City Limits in a northerly direction 254 feet, more or less, to a corner in the existing City Limits located within the Georgetown Road right of way; thence with the existing City Limits in a southwesterly direction 90 feet, 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 service this area immediately with our existing Stations without any noticeable impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water---Domestic water service is presently available to this parcel via a 12” water main along the north side of Georgetown Road. See Figure 1 – Water Service. B. Sanitary Sewer—Sewer service is presently not available to this parcel. To provide sewer to this parcel, approximately 2,500 LF of 2” or 3” force sewer main needs to be installed (exact size to be determined) along the northeast side of Georgetown Road. Due to the existing utilities in the existing right-of-way, the proposed force main will likely need to be installed in acquired easements. Easement acquisition could be challenging due to the county residents/customers not being allowed to connect to the sewer infrastructure. The proposed force main will connect into an existing 8-inch gravity sewer main just north of the existing Dollar General store. The parcel has one existing single-family residence (potential sewer customer). To provide sewer service to the parcel, the Opinion of Probable Cost is $295,000. The sewer main can be completed within 8 years. See Figure 2 00 Sewer Service. C. Fire Protection—There are two existing fire hydrants along the parcel boundary with Georgetown Road. See Figure 1 – Water Service. p. 327 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -327- MINUTE BOOK 31 SUMMARY OF COSTS Domestic Sanitary Fire Location Total Water Sewer Protection Georgetown- Eureka Rd. $0 $295,000 $0 $295,000 (029 10.00) p. 328 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -328- MINUTE BOOK 31 4. Electric Service Our Engineering staff has looked at the annexation request for the property located on Eureka Rd. illustrated in the attached map. Cleveland Utilities Electric does not presently serve this area. Our service lines stop at the end of the existing City limits to the south as represented by the blue boundary shown in the attached map. Volunteer Energy presently serves this piece of property. For us to serve this property, Cleveland Utilities would have to build a 3-phase primary utility line from our existing dead-end pole across from the Dollar General Store going north 4,100 linear feet along the eastern side of the new highway. This line would require 17 – 50ft. steel poles with 3-primary conductors and guying as required to navigate the curvature of the roadway. This will put a pole line on both sides of the new highway with Volunteer Energy on the west side and Cleveland Utilities on the east side. The cost estimate to build this line would be approximately $184,000. Easements will also have to be purchased from the property owners along the route, which would add additional cost as well as having to cross existing Volunteer Energy lines which will require them to modify some of their facilities. We are assuming that the City will be requiring street lighting along the roadway which will add approximately $36,000 to the street lighting account resulting in $270.00 monthly facilities and $84.88 monthly energy charge to the City. The total cost of this project could easily approach $250,000. Depending on the present road construction conflicts, TDOT approval process, supply chain issues and possible difficulties in acquiring easements, serving this property might not be able to be completed till late 2024 or early 2025. If we placed an order for steel poles or transformers today, we are seeing 52-to-60-week delivery times being quoted. 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 the time of annexation. p. 329 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -329- MINUTE BOOK 31 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 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 This will have no impact on the school system. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned C-2 zoning in the unincorporated County. The property is proposed as CH Highway Commercial 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. p. 330 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -330- MINUTE BOOK 31 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 residents to the 0 3rd City Council District. 10. Stormwater I. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is billed on the Cleveland Utilities monthly water bill. For additional information or to view the Stormwater Utility Fee Credit and Adjustment Manual please visit our website at www.clevelandtn.gov/stormwater. II. All new developments will need to adhere to the City of Cleveland Stormwater Ordinance. It appears that there may be a stream located on this site. Please review the City of Cleveland stream buffer requirements for any new development. Any modifications to the stream will require an Aquatic Resource Alteration Permit (ARAP). This permit is issued by the Tennessee Department of Environment and Conservation. III. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. Revenue The total income from annexation would result in approximately $37,506.25 in property tax revenue. Councilman Cassada moved that Resolution 2023-98 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. f. Resolution 2023-99 – Concerning a request by Larry and Nancy Eskew for consideration of a resolution to annex about 10 acres, more or less, of property located on the NE corner of Georgetown Rd. and Eureka Rd. and includes Tax Map 026 Parcel 029.01 (Planning Commission: Approved 9-0). RESOLUTION 2023-99 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 GEORGETOWN-EUREKA RD. 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 p. 331 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -331- MINUTE BOOK 31 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 September 11, 2023. 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 southeast corner of the lands of Christopher and Elvie Cartee, as recorded in BCROD deed book 2477 page 200, said point being located in the western right of way of Georgetown Road; thence following the western right of way of Georgetown Road 3,600 feet, more or less, to the northwest corner of the intersection of Georgetown Road, Freewill Road, and Eureka Road; thence crossing Georgetown Road in a northeasterly direction 110 feet, more or less, to the northwest corner of the intersection of Georgetown Road, Freewill Road, and Eureka Road; thence following the western right of way of Eureka Road 415 feet to a point; thence crossing Eureka Road in an easterly direction 57 feet, more or less, to a corner in the right of way of Eureka Road; thence following the right of way of Eureka Road in a southeasterly direction 175 feet more or less, to the northwest corner of the lands of Larry and Nancy Eskew, as recorded in BCROD deed book 2848 page 107; thence with the northern line of the lands of Eskew in a southeasterly direction 1508 feet, more or less, to the northeast corner of the lands of Eskew; thence with the lands of Eskew in a southeasterly direction 397 feet, more or less, to the southeast corner of the lands of Eskew, said point also being located in the eastern right of way of Georgetown Road; thence following the eastern right of way of Georgetown Road in a southerly direction 2295 feet, more or less, to the southeast corner of Georgetown Road and Gregory Lane, said point being located in the existing City Limits; thence following the existing City Limits in a northerly direction 254 feet, more or less, to a corner in the existing City Limits located within the Georgetown Road right of way; thence with the existing City Limits in a southwesterly direction 90 feet, more or less, to the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. [with Resolution 2023-98] C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. p. 332 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -332- MINUTE BOOK 31 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 2023-99 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. g. Zoning Ordinance 2023-41 - Concerning a request by Larry and Nancy Eskew for consideration of an ordinance to zone about 10 acres more or less, of property located on the NE corner of Georgetown Rd. and Eureka Rd. from unincorporated county to CH Highway Commercial Zoning District and includes Tax Map 026 Parcel 029.01 (Planning Commission: Approved 9-0). ZONING ORDINANCE 2023-41 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from C-2 Zoning District in the unincorporated county to C-H Highway Commercial Zoning District. Approximately 10 acres, more or less, located on the corner of Georgetown Rd. and Eureka Rd. as shown on the attached map. For reference, the same property is being shown on a portion of Tax Map 026 Parcel 029.01, 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. 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 p. 333 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -333- MINUTE BOOK 31 Exhibit A Councilman Cassada moved that Zoning Ordinance 2023-41 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. h. Ordinance 2023-42 – Amending the Cleveland Municipal Code, Title 14, Zoning Ordinance, Chapter 2 Zoning Regulations, Section 3.4.4.E.18 to regulate surfacing of commercial parking lots (Planning Commission: Approved 9-0). ORDINANCE 2023-42 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 3.4.4.E TO REGULATE SURFACING OF COMMERCIAL PARKING LOTS; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the intent of the language in the existing zoning resolution concerning the surfacing of commercial parking lots; and WHEREAS, the current ordinance does not provide surfacing requirements; and WHEREAS the City Council has determined that the existing ordinance should be revised to regulate surfacing of commercial parking lots; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 3.4.4.E.18 to be added as follows: (18). The surface material for parking and loading areas that are located within CN, CH, CG, MU, PI, IL, IH and CBD zoning districts shall be asphalt, concrete, brick, stone, pavers, or an equivalent material and follow design standards outline in section 3.0. The following alternative may be approved by the Planning Director: a. Gravel parking areas in the IL or IH district for storage. Gravel parking shall not be permitted for any parking lot that is designated for public or employee parking. p. 334 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -334- MINUTE BOOK 31 Section 2. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 3. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Ordinance 2023-42 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. i. Ordinance 2023-43 – Amending the Cleveland Municipal Code, Title 14, Zoning Ordinance, Chapter 2, Zoning Regulations, Sections APP-C-82 (I), 3.4.1 Drives, driveways, and sidewalks, APP-C-125(f), 3.1.F, 6.2.1, and 6.2.2 to remove reference to Public works director and replace with Planning Director or designee. (Planning Commission: Approved 9-0). ORDINANCE 2023-43 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTIONS APP-C-82 (I), 3.4.1 DRIVES, DRIVEWAYS, AND SIDEWALKS, APP-C-125(F), 3.1.F, 6.2.1, AND 6.2.2 TO REMOVE REFERENCE TO PUBLIC WORKS DIRECTOR AND REPLACE WITH PLANNING DIRECTOR OR DESIGNEE; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the intent of the language in the existing zoning ordinance concerning the responsibility of the Planning Director versus the Public Works Director; and WHEREAS, the current reference to Public Works Director in certain sections is no longer in effect; and WHEREAS the City Council has determined that the existing ordinance should be revised to clarify the Planning Director or designee shall hold responsibility for enforcing certain requirements; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising section 3.2.I paragraph 3 to be read as follows: For development on an RA, R1, R2, or R3 lot under one acre that is not part of a special development (a cluster subdivision, townhome subdivision, PUD, infill development or other alternative design plan approved by the Planning Commission) the Community Development Director, in consultation with the Public Works Director, may approve a setback, greenspace, or impervious area limit deviation of up to one-half of the amount otherwise required if it is necessary to improve the design of the development to account for contingencies such as an oddly shaped lot, slopes, improved building orientation on the site, privacy and buffering, tree preservation, parking needs, better handicapped accessibility, consideration of cost constraints for low- and moderate-income affordable housing, protection of views, access protection, protection of streams, wetlands, etc. It is intended that a reasonable justification for the deviation is to be documented and that the deviation would be the minimum necessary to overcome the particular conditions described. It is further intended that the proposed design demonstrate some accommodation p. 335 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -335- MINUTE BOOK 31 to the site conditions to reach a reasonable solution that balances design constraints with the amount of deviation allowed. Where the lot falls within one of the aforementioned special development categories, the same process may be followed except that the deviation is limited to one-third of the amount of setback, greenspace, or impervious area limit otherwise required. In evaluating the extent of deviation(s) to be approved, proposed conditions may also be approved that would include innovations such as the use of porous paving materials, other innovative drainage and stormwater treatment features, additional landscaping and/or buffering, and the like. (as amended by Ord. #17, Oct. 2001, Ord. #2005-04, March 2005, Ord. #2005-15, May 2005, Ord. #2005-41, Nov. 2005, Ord. #2008-01, Jan. 2008, and Ord. #2009- 49, June 2009) Section 2. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 3.4.1.A be amended by removing Public Works Director and replacing with Planning Director or designee as follows: 3.4.1 Drives and Driveways (as amended by Ord. #2022-43, Nov. 2022) A. No driveway or other means of entrance to any lot, regardless of the district in which the said lot is located, shall be constructed without the written approval of the Planning Director or designee. Section 3. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 3.8.C.3.f be amended by removing Public Works Director and replacing with Planning Director or designee as follows: f) A wood, simulated wood, or masonry privacy fence not exceeding 8 feet in height is allowed on residentially zoned or residentially used property but any installation within 15 feet of a public street requires approval by the Planning Director or designee who will consider the impact on traffic safety, utilities, and utility easements when evaluating the proposed fence. Any such privacy fence must be located behind the front of the principal structure (see illustration). Where an historic preservation zoning district is in effect, no privacy fence shall be allowed except in compliance with the requirements of that historic preservation zoning district. Section 4. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 6.2.1 be amended by removing Public Works Director as follows: 6.2.1 Administrative Procedures. Site plans reviewed pursuant to this Subsection 6.2 shall be reviewed by a Site Plan Review Committee comprised of the Director of Community Development, the Building Official, the Traffic Engineer, the City Engineer, the Stormwater Engineer, the Urban Forester, and representatives of emergency services (Fire and Police) and the Public Works Director or his designee. The Site Plan Review Committee may seek input from other City departments and utility providers and governmental agencies, as it deems necessary. The Plan Review Committee shall review each month the site plans submitted by the last working day of the previous month. Six sets of the (one each for the city engineer, stormwater engineer, traffic engineer, building department/community development, fire department, urban forester) site plan is to be submitted for review to the Department of Community Development with a letter requesting site plan review. The Site Plan Review Committee will have thirty (30) days from the date of submittal to review each site plan submitted and provide comments. The Site Plan Review Committee will communicate the results of its review to the applicant in writing. The Director of Community Development shall be responsible for the day-to-day administration of the Site Plan Review Committees work. The site plan review will check for completeness according to the required site plan content in 6.2.3 below, for conformity with MS4 Phase I1 Stormwater requirements in conjunction with Title 18, Chapter 3, Sections 18-301 through 18-312, and for applicable planning, engineering, and safety standards, and for whether the site plan has fulfilled the purpose and intent of the site plan review process. Any site plan revisions required as a result of the site plan review must be addressed to the satisfaction of the Site Plan Review Committee prior to the issuance of a building permit. All revisions have a one (1) week (7- calendar days) review period from date of revision submission. In situations requiring site plan approval, developers are encouraged to submit preliminary site plans for comments by the Site Plan Review Committee. The Site Plan Review Committee will review the preliminary site plan within two weeks (14-calendar days) from the date of submittal and provide comments to the applicant. Section 5. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 6.2.2 be amended by removing Public Works Director as follows: p. 336 REGULAR SESSION SEPTEMBER 11, 2023 PAGE -336- MINUTE BOOK 31 Exemptions. Site plans for small additions to existing buildings may be exempted from review by the Site Plan Review Committee, by the Director of Community Development and the Public Works Director (or their designees) , when they determine that the purpose and intent of these regulations would not be adversely affected. Considerations for making such a determination would include, but not necessarily be limited to the following: whether the total square footage increase would be less than ten percent (10%) of the existing floor area, whether any driveway redesign is contemplated, whether a significant increase in traffic generation is expected, whether any utilities easements are impacted, the use of the proposed expansion area, and whether the proposed site improvements would otherwise generally conform to the zoning ordinance and other applicable city ordinances. Section 6. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 3.2.F be amended by removing Public Works Director and replacing with Planning Director or designee as follows: F. Limitation on Location of Accessory Structures Accessory structures shall in no way be located on any property so as to obstruct any utility or drainage easement, or so as to impair site distances for traffic ingress or egress on the same property or adjoining property as determined by the City's traffic engineer or Planning Director or designee. Section 7. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 8. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Ordinance 2023-43 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Mr. Fivas announced Chattanooga Gas would be conducting work at Paul Huff Parkway/Mouse Creek Road this week on Tuesday and Wednesday evenings, one lane will be shut down from 8 p.m. to 7 a.m. Mr. Fivas then announced the District 3 meeting will be this Thursday at Candy’s Creek Cherokee Elementary School at 5:30 p.m. Councilman Cassada moved to excuse Mayor Kevin Brooks and Councilman Bill Estes from today’s meeting. The motion was seconded by Councilman May; and upon roll call, unanimously passed. ANNOUNCEMENTS Vice Mayor Johnson announced the following: a. The next City Council meeting will be held on Monday, September 25, 2023. ADJOURNMENT There being no further business, Vice Mayor Johnosn adjourned the meeting at 3:40 p.m. _________________________________ _________________________________ Mayor City Clerk