Cleveland City Council

p. 395 REGULAR SESSION NOVEMBER 13, 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, NOVEMBER 13, 2023 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, Dale Hughes, Ken Webb, and Councilwoman Marsha McKenzie. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Sue Zius, Administrative Coordinator; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Police Chief Mark Gibson; Assistant Fire Chief Pete VanDusen, Kris Miller, IT Director; Tommy Myers, Public Works Director; Patti Petitt, Parks and Recreation Director; Robert Varnell, Planning and Community Development Director; Gideon Ratcliff with Mix104.1; Cathy Andrews, CDBG Coordinator; Doug Berry with the Chamber of Commerce; Donald Humes; Kathryn Haley; Charlotte Timberlake; Allen Mincey; Ben Berry; Mitch McClure; Matt Wayne; Sharon Marr with Mainstreet Cleveland; Warbrit Lowery; Seth Sumner; Dustin Tommey and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Johnson, and a moment of silence for Bishop W.C. Ratchford, the following business was then entered into: Mayor Brooks thanked all involved in this year’s Veteran’s Day Ceremony. 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 October 23, 2023 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 asked if anyone would like to address the Council. No one spoke. 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 Big Buck Construction for consideration of an ordinance to zone about .52 acres, more or less, of property located on King Street from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 065D Group B Parcels 012.04. Robert Varnell stated this request is for future townhome development. The Planning Commission approved this item 7-0 with 2 absent members. Mayor Brooks asked if anyone would like to speak in favor of the approval of the request. No one spoke, Mayor Brooks asked if anyone would like to speak in opposition to the 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 request by Joan Darnell to zone about .52 acres, more or less, of property located on Old Chattanooga Pike from IL Light Industrial to R-2 Low Density Single and Multi-Family zoning and includes Tax Map 065B Group A Parcel 001.01. Robert Varnell stated there are existing homes on this property and the property needs to be zoned correctly. The Planning Commission approved this item 7-0 with 2 absent members. Mayor Brooks asked if anyone would like to speak in favor of the approval of the request. No one spoke, Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. p. 396 REGULAR SESSION NOVEMBER 13, 2023 PAGE -396- MINUTE BOOK 31 Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Duane Goff for consideration of a plan of service, a resolution to annex, and an ordinance to zone about 1.33 acres, more or less, of property located on Tennessee Nursery Road from unincorporated county to R-1 Single Family Residential and includes Tax Map 049H Group D Parcels 012.00 and 012.01. Robert Varnell stated R1 is the expected long-term use and they are looking to add on city services at this location. The Planning Commission approved this item 7-0 with 2 absent members. Mayor Brooks asked if anyone would like to speak in favor of the approval of the request. No one spoke, Mayor Brooks asked if anyone would like to speak in opposition to the 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 request by Bancroft Development Co. for consideration of a plan of service, a resolution to annex, and an ordinance to zone about 2.16 acres, more or less, of property located on Georgetown Rd from unincorporated county to CH Highway Commercial and includes Tax Map 026G Group D Parcels 024.00 and 025.00. Robert Varnell stated this a partial piece of property along Georgetown Road and will be a commercial use property, with no definitive plan at this time. The Planning Commission approved this item 7-0 with 2 absent members. Mayor Brooks asked if anyone would like to speak in favor of the approval of the request. No one spoke, Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented during the Work Session. Councilman May moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. a. Final Passage - Zoning Ordinance 2023-32 – heretofore passed on first reading August 14, 2023 and found in Minute Book 31, Page 276; Zoning about 13 acres more or less, located on Urbane Road from unincorporated county to PUD46 Planned Unit of Development Zoning District and includes a portion of Tax Map 042 Parcel 058.00 (Planning Commission: Approved 6-0; 1 recused, 2 absent). b. Final Passage - Ordinance 2023-44 – heretofore passed on first reading October 23, 2023 and found in Minute Book 31, Page 355; Amending the Cleveland Municipal Code Title 18, Chapter 1 relating to Sewers and Sewage Disposal. c. Final Passage - Zoning Ordinance 2023-45 – heretofore passed on first reading October 23, 2023 and found in Minute Book 31, Page 360; Zoning about 10.88 acres, more or less, of property located on Old Tasso Road from IL Light Industrial Zoning District to R-2 Low Density Single and Multi-family Zoning District and includes Tax Map 042 Parcels 026.00-028.00 and 022.05 (Planning Commission: Approved 7-0; 2 absent). d. Final Passage - Ordinance 2023-46 – heretofore passed on first reading October 23, 2023 and found in Minute Book 31, Page 361; Amending the Cleveland Municipal Code, Title 14 Zoning Ordinance, by adding Chapter 13 to Title 14 Zoning and Land Use Control, to provide regulations for short term rentals (Planning Commission: Approved 7-0; 2 absent). e. Final Passage - Zoning Ordinance 2023-48 – heretofore passed on first reading October 23, 2023 and found in Minute Book 31, Page 370; Zoning about .31 acres, more or less, of property located on Bible Street from IH Heavy Industrial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 057D Group E Parcels 016.00-018.00 (Planning Commission: Approved 7-0; 2 absent). p. 397 REGULAR SESSION NOVEMBER 13, 2023 PAGE -397- MINUTE BOOK 31 f. Final Passage - Zoning Ordinance 2023-49 – heretofore passed on first reading October 23, 2023 and found in Minute Book 31, Page 371; Zoning about 8.7 acres, more or less, of property located on North Lee Highway from R-2 Low Density Single and Multi-Family Residential Zoning District to CH Highway Commercial and includes Tax Map 034F Group E Parcel 001.00 and part of Tax Map 034 Parcel 020.01 (Planning Commission: Approved 7-0; 2 absent). g. Final Passage - Zoning Ordinance 2023-50 – heretofore passed on first reading October 23, 2023 and found in Minute Book 31, Page 387; Zoning about 28 acres more or less, of property located on Legacy Parkway from unincorporated county to PUD 47 and includes Tax Map 041 Parcel 005.30 (Planning Commission: Approved 7-0; 2 absent). h. Final Passage - Zoning Ordinance 2023-51 – heretofore passed on first reading October 23, 2023 and found in Minute Book 31, Page 392; Zoning about 2.25 acres more or less, of property located on Legacy Parkway from FAR zoning district to R-2 Zoning District and includes Tax Map 041 Parcel 005.03 and 005.29 (Planning Commission: Approved 7-0; 2 absent). i. Final Passage - Ordinance 2023-52 – heretofore passed on first reading October 23, 2023 and found in Minute Book 31, Page 392; Amending Title 9, Chapter 8 of the Municipal Code pertaining to Nightclubs to add a new Section 9-804; Unauthorized Nightclub Operation. j. Resolution 2023-116 – Authorizing the Mayor to sign a Sub-recipient agreement with Habitat for Humanity for Down Payment Assistance through CDBG. RESOLUTION 2023-116 WHEREAS, the City of Cleveland Community Development Block Grant Program includes funding within the budget for a Down Payment Assistance Program; WHEREAS, the Down Payment Assistance Program will assist eligible low-income families in the purchase of affordable housing within the CDBG target area to be constructed and financed by Habitat for Humanity of Cleveland; WHEREAS, said Down Payment Assistance funding can be applied to the down payment, closing costs and/or to reduce the principal balance of the loan; NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves the Sub- recipient agreement with Habitat for Humanity; BE IT FURTHER RESOLVED THAT the City Council hereby approves of the use of CDBG funds for Down Payment Assistance to qualified homebuyers for the amount of $24,000. This 13th day of November 2023. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk k. Motion – Authorizing the Mayor to sign an addendum with City Fields related to the ARP contract. l. Motion – Approving a Memorandum of Understanding with Bradley County Sheriff’s Office related to the Violent Crimes Intervention Grant. m. Motion – Authorizing the City Attorney to institute an action in Chancery Court for Declaratory Judgement and other relief pertaining to an alleyway on 9th Street SE. p. 398 REGULAR SESSION NOVEMBER 13, 2023 PAGE -398- MINUTE BOOK 31 UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman Hughes had no report at this time. Councilman Webb stated he has been a bit frustrated recently with our ability to address some code issues and asked if there was anything they could do to strengthen or revise our ordinances that might cut down on the time involved on addressing those in a more effective manner. Councilman May stated he has a similar problem and not sure if its communication. Sometimes in these meetings we vote and think things are going to happen and being taken care of, then we find out it somehow slipped through the cracks. He feels there could be a weak spot. Councilman Webb added we know we are required to follow the Tennessee Code but maybe we need to lobby the State Legislature for a change to free our hands. Mr. Fivas stated at the next meeting Robert Varnell and Jonathan Jobe can give a report and any suggested changes. Councilman May stated it would be good for Codes to come and give a presentation on the process. Councilman Webb stated secondly, he would like the assurance to be sure that we are not running into arbitrage issues with our bond issues or timing with he covid funds. Mr. McKay stated with the covid funds, we have a deadline for the money to be committed and spent and that has been communicated. We are moving forward with the Cherokee and if we get it occupied by December 31, 2026, we will be okay. Councilman Webb asked about the bond proceeds. Mr. McKay stated we probably need to take a look at the spend down schedule, but the timetable has been communicated. Councilman Webb stated we don’t want to be in a situation of arbitrage. Mr. McKay stated no we do not. Vice Mayor Johnson stated Donald Humes was speaking to him between the meetings and brought up a safety issue on East Inman Street, where Hwy 64 goes from four lanes to two lanes and kids walking. There is a lot of speeding traffic and no sidewalks. The area needs to be reviewed by staff for some way to slow traffic down. Mr. Humes added two people have been struck and the vehicles have driven off. Traffic needs to be slowed down. Also, let’s put some money into the east side of Cleveland, where Hwy 64 comes into Cleveland. It is embarrassing and it should be beautiful and safe when you come into our town. Councilman May stated other than sidewalks maybe a caution light. Mr. Humes stated a lot of kids walk to the store. We need sidewalks and patrol in the area. Mayor Brooks stated we are putting sidewalks to East Street. Mr. Humes stated they need to continue as far as they can. Mr. Fivas stated staff will take a look and come back with a plan. Councilwoman McKenzie had no report at this time. Councilman Estes had no report at this time. Councilman Cassada had no report at this time. Councilman May stated he received an email over the weekend concerning Blueberry Hill, west of Ocoee Street, that people think that road will take you to Keith Street and when they realize it does not, they turn around and speed down the hill. He requested a “no thru street” sign be installed at the entrance of Blueberry Hill. Also, it was asked that staff look at the first intersection [Blueberry Hill and Edgewood Circle] to see if we can install a four-way stop. The numbers will not call for it, but we have done it at other intersections due to safety. Secondly, we have discussed Julian Drive and installing a four-way stop. The numbers probably won’t call for it but again it is a safety factor to slow people down. Mr. Fivas stated David Sheely has spoken to the residents who requested a stop sign at Elm and Julian. Councilman May stated wherever is best, the residents know the traffic more than we do. He then asked about a timeframe. Mr. Myers stated he would think by the end of the week we should have something. Councilman May asked about the timeframe for Blueberry Hill. Mr. Fivas replied by Thanksgiving. Lastly, the new Pickleball Courts at Tinsley. People want to see dirt moving. Do p. 399 REGULAR SESSION NOVEMBER 13, 2023 PAGE -399- MINUTE BOOK 31 we have an update on the timeframe. Mr. Fivas stated the issue right now is we are waiting for the SWPP permit from the State to begin moving dirt. It was discussed this morning and any day we should receive it. Mayor Brooks stated he is appointing Ray Garner, Sr. to fill the term vacated by Dennis Epperson, to the Shade Tree Board for a two-year term. Also, he is appointing Councilwoman McKenzie as the Mayor’s proxy vote on the Greenway Board. Mr. Fivas gave an update on the Land Bank Authority appointments. We have not received authorization from the State to use the word bank in the title. Mr. Kimball stated yes, you cannot form a corporation or an LLC in Tennessee with the word bank in the title without authorization from the Department of Financial Institutions. They have to provide a letter to the Secretary of State saying they do not object to using the word bank. We are still waiting on that approval. Councilman Hughes stated he received a call from the Bradley County Schools Director, who is concerned about vaping at the middle and high schools. Mr. Kimball stated tobacco is heavily regulated by the State and the General Assembly basically preempted all local regulations of tobacco products. There are laws in the books that can be used by law enforcement. It is against the law for anyone under 21 to possess those products. They shouldn’t have them in schools, and it is an offense to provide them to a minor. Councilman Hughes stated the City Schools Director has also verified that they are having issues with vaping and dab pens. Vaping is treated like smoking in school, 5 days suspension, but dab pens, you are expelled. Mr. Kimball stated it is a juvenile offense and somehow, they are obtaining them easily. Chief Gibson stated the SROs are in every school and disciplinary action is through school policy internally. The dab pens are CBD type product and are regulated a bit more, but they are obtainable online which makes it difficult to regulate. It is an ongoing problem similar to other tobacco products. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: a. Zoning Ordinance 2023-53 – Zoning about .52 acres, more or less, of property located on King Street from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 065D Group B Parcels 012.04 (Planning Commission: Approved 7-0; 2 absent). Zoning Ordinance 2023-53 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, re-zoned from CH Highway Commercial to R2 Low Density Single and Multi-Family Zoning District. Approximately .52 acres, more or less, located at King Street SE as shown on the attached map. For reference, same property is being shown on Tax Map 065D Group B Parcels 012.04, 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. 400 REGULAR SESSION NOVEMBER 13, 2023 PAGE -400- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilwoman McKenzie moved that Zoning Ordinance 2023-53 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: b. Zoning Ordinance 2023-54 – Zoning about .52 acres, more or less, of property located on Old Chattanooga Pike from IL Light Industrial to R-2 Low Density Single and Multi-Family zoning and includes Tax Map 065B Group A Parcel 001.01 (Planning Commission: Approved 7-0; 2 absent). Zoning Ordinance 2023-54 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, re-zoned from IL Light Industrial to R2 Low Density Single and Multi-Family Zoning District. Approximately .52 acres, more or less, located at Old Chattanooga Pike as shown on the attached map. For reference, same property is being shown on Tax Map 065B Group A Parcels 001.01, 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. p. 401 REGULAR SESSION NOVEMBER 13, 2023 PAGE -401- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kein Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilwoman McKenzie moved that Zoning Ordinance 2023-54 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Resolution was then presented in full: c. Resolution 2023-112 - Concerning a request by Duane Goff for consideration of a plan of service for about 1.33 acres, more or less, for property located on Tennessee Nursery Road and includes Tax Map 049H Group D Parcels 012.00 and 012.01 (Planning Commission: Approved 7-0; 2 absent). RESOLUTION 2023-112 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT TENNESSEE NURSERY RD NW (049H D 012.00 012.01) 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: p. 402 REGULAR SESSION NOVEMBER 13, 2023 PAGE -402- MINUTE BOOK 31 A. That a public hearing is hereby held at 3:00 pm on November 13, 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 intersection of Tennessee Nursery Road and Martin Drive, said corner also being the northwest corner of the lands of CMG TN Holdings, LLC, as recorded in BCRD deed book 2664 page 613, said point also being located in the existing City Limits; thence with the southern right of way of Martin Drive south 73 degrees 57 minutes east, 160 feet to the northeast corner of the lands of CMG TN Holdings, LLC; thence leaving the existing City Limits south 15 degrees 48 minutes west, 220.8 feet to the southeast corner of the lands of CMG TN Holdings, LLC, said point also being the northeast corner of a second tract of CMG TN Holdings, LLC as recorded in BCRD deed book 2664 page 646; thence with the eastern line of the second tract of CMG TN Holdings, LLC in a southwesterly direction, 159.83 feet, more or less, to the southwest corner of the second tract of CMG TN Holdings, LLC; thence with the southern line of the second tract of CMG TN Holdings, LLC in a northeasterly direction 160.22 feet, more or less, to the southwest corner of the second tract of CMG TN Holdings, LLC, said point being located in the eastern right of way of Tennessee Nursery Road; thence with the eastern right of way of Tennessee Nursery Road in a northeasterly direction 396.7 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 OCTOBER 17, 2023 TENNESSEE NURSERY ROAD ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 1.33 acres located at 800 and 810 Tennessee Nursery Road as described in this report, along with a corresponding plan of service and zoning plan for the area. p. 403 REGULAR SESSION NOVEMBER 13, 2023 PAGE -403- MINUTE BOOK 31 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. 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 two parcels, approximately 1.33 acres total. The annexation would zone the property as R-1 Single Family Residential. There are two existing single-family homes, and no new development is proposed at this time. The property is described as Tax Map 049H Group D Parcels 012.00 and 012.01. Tennessee Nursery Road Annexation Map p. 404 REGULAR SESSION NOVEMBER 13, 2023 PAGE -404- MINUTE BOOK 31 Legal Description Beginning at the southeast corner of the intersection of Tennessee Nursery Road and Martin Drive, said corner also being the northwest corner of the lands of CMG TN Holdings, LLC, as recorded in BCRD deed book 2664 page 613, said point also being located in the existing City Limits; thence with the southern right of way of Martin Drive south 73 degrees 57 minutes east, 160 feet to the northeast corner of the lands of CMG TN Holdings, LLC; thence leaving the existing City Limits south 15 degrees 48 minutes west, 220.8 feet to the southeast corner of the lands of CMG TN Holdings, LLC, said point also being the northeast corner of a second tract of CMG TN Holdings, LLC as recorded in BCRD deed book 2664 page 646; thence with the eastern line of the second tract of CMG TN Holdings, LLC in a southwesterly direction, 159.83 feet, more or less, to the southwest corner of the second tract of CMG TN Holdings, LLC; thence with the southern line of the second tract of CMG TN Holdings, LLC in a northeasterly direction 160.22 feet, more or less, to the southwest corner of the second tract of CMG TN Holdings, LLC, said point being located in the eastern right of way of Tennessee Nursery Road; thence with the eastern right of way of Tennessee Nursery Road in a northeasterly direction 396.7 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 Station 1 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water---Domestic water service is presently available to these parcels via an 8” water main along the east side of Tennessee Nursery Road. See Figure 1—Water Service. B. Sanitary Sewer--- Sewer service is presently not available to these parcels. To provide sewer to these parcels, approximately 480 LF of 8” gravity sewer main is required to be constructed. The new sewer main would begin at an existing manhole near Heather Lane/Tennessee Nursery Road intersection and then north to the boundary of the parcels (049H D 012.01 and 049H D 012.00). Easements will need to be acquired or the sewer main would be installed in the road. To provide sewer service to the two parcels, the Opinion of Probable Cost is $86,0001. The sewer main can be completed within 8 years. See Figure 2—Sewer Service. C. Fire Protection--- There is an existing fire hydrant at the intersection of Martin Drive and Tennessee Nursery Road. p. 405 REGULAR SESSION NOVEMBER 13, 2023 PAGE -405- MINUTE BOOK 31 SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection 800 & 810 Tennessee Nursery Road $0 $86,0001 $0 $86,000 (049H D 012.01 & 012.00) 4. Electric Service Cleveland Utilities electric currently has existing facilities serving the two homes on the proposed lots. No work is required. p. 406 REGULAR SESSION NOVEMBER 13, 2023 PAGE -406- MINUTE BOOK 31 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 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. 407 REGULAR SESSION NOVEMBER 13, 2023 PAGE -407- MINUTE BOOK 31 6. Schools This annexation will cost Cleveland City Schools less than $750 per year. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential Zoning in the unincorporated County. The property is proposed for a R-1 Single Family Residential 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. 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 4 residents to the 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. p. 408 REGULAR SESSION NOVEMBER 13, 2023 PAGE -408- MINUTE BOOK 31 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 Total revenue generated by this annexation is approximately $1224.00. Councilman Hughes moved that Resolution 2023-112 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Resolution was then presented in full: d. Resolution 2023-113 - Concerning a request by Duane Goff for consideration of a resolution to annex about 1.33 acres, more or less, of property located on Tennessee Nursery Road and includes Tax Map 049H Group D Parcels 012.00 and 012.01 (Planning Commission: Approved 7-0; 2 absent). RESOLUTION 2023-113 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 TENNESSEE NURSERY ROAD NW ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on November 13, 2023. p. 409 REGULAR SESSION NOVEMBER 13, 2023 PAGE -409- MINUTE BOOK 31 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 intersection of Tennessee Nursery Road and Martin Drive, said corner also being the northwest corner of the lands of CMG TN Holdings, LLC, as recorded in BCRD deed book 2664 page 613, said point also being located in the existing City Limits; thence with the southern right of way of Martin Drive south 73 degrees 57 minutes east, 160 feet to the northeast corner of the lands of CMG TN Holdings, LLC; thence leaving the existing City Limits south 15 degrees 48 minutes west, 220.8 feet to the southeast corner of the lands of CMG TN Holdings, LLC, said point also being the northeast corner of a second tract of CMG TN Holdings, LLC as recorded in BCRD deed book 2664 page 646; thence with the eastern line of the second tract of CMG TN Holdings, LLC in a southwesterly direction, 159.83 feet, more or less, to the southwest corner of the second tract of CMG TN Holdings, LLC; thence with the southern line of the second tract of CMG TN Holdings, LLC in a northeasterly direction 160.22 feet, more or less, to the southwest corner of the second tract of CMG TN Holdings, LLC, said point being located in the eastern right of way of Tennessee Nursery Road; thence with the eastern right of way of Tennessee Nursery Road in a northeasterly direction 396.7 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. [Exhibit on file with original resolution] 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 Vice Mayor Johnson moved that Resolution 2023-113 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: e. Zoning Ordinance 2023-55 – Zoning about 1.33 acres, more or less, of property located on Tennessee Nursery Road from unincorporated county to R-1 Single Family Residential and includes Tax Map 049H Group D Parcels 012.00 and 012.01 (Planning Commission: Approved 7-0; 2 absent). p. 410 REGULAR SESSION NOVEMBER 13, 2023 PAGE -410- MINUTE BOOK 31 Zoning Ordinance 2023-55 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, re-zoned from County FAR Agriculture to R-1 Single Family Residential Zoning District. Approximately 1.33 acres, more or less, located at Tennessee Nursery Rd. as shown on the attached map. For reference, same property is being shown on Tax Map 049H Group D Parcels 012.00 and 012.01, 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 Exhibit A Councilman Hughes moved that Zoning Ordinance 2023-55 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Resolution was then presented in full: f. Resolution 2023-114 – Concerning a request by Bancroft Development Co. for consideration of a plan of service for about 2.16 acres, more or less, of property located on Georgetown Rd. and includes Tax Map 026G Group D Parcels 024.00 and 025.00 (Planning Commission: Approved 7-0; 2 absent). RESOLUTION 2023-114 p. 411 REGULAR SESSION NOVEMBER 13, 2023 PAGE -411- MINUTE BOOK 31 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT GEORGETOWN RD NW (026G D 024.00 025.00) 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 November 13, 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 a tract of the lands of Howard Hamilton as recorded in BCRD deed book 3013 page 757, said point being located in the western right of way of Freewill Road; thence with the southern line of the lands of Hamilton in a northwesterly direction 466.41 feet, more or less, to the southwest corner of said tract, said point also being the southeast corner of a second tract of Hamilton recorded in the same book and page; thence with the southern line of the seconds tract of Hamilton in a northwesterly direction 120.06 feet, more or less, to the southwest corner of the seconds tract of Hamilton; thence with the western line of the second tract of Hamilton in a northeasterly direction 356.8 feet, more or less, to the northwest corner of the seconds tract of Hamilton, said point being located in the southern right of way of Georgetown Road; thence crossing Georgetown Road in a northeasterly direction 130 feet, more or less, to the northwest corner of the lands of Paul & Keith Clark, also known as Tax Map 26G Group A Parcel 002.00 , as recorded in BCRD deed book 2981 page 528, said point being located in the northern right of way of Georgetown Road; thence with the western line of the lands of Clark and the northern right of way of Georgetown Road in a south easterly direction 150 feet, more or less, to the southwest corner of the tract of Clark, said point being located in the northern line of the lands of State of TN as recorded in BCROD deed book 2724 page 387; thence with the northern line of the lands of State of TN in a northwesterly direction 40 feet, more or less, to the northwest corner of the lands of State of TN; thence with the western line of the lands of State of TN in a southeasterly direction 250 feet, more or less, to the southern corner of the lands of State of TN, said point being the northwest corner of the intersection of Georgetown Road and Eureka Road; thence crossing Georgetown Road in a southwesterly direction 180 feet, more or less, to the northeast corner of the first referenced tract of Hamilton; thence with the eastern line of the first tract of Hamilton in a southwesterly direction 53 feet to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the p. 412 REGULAR SESSION NOVEMBER 13, 2023 PAGE -412- MINUTE BOOK 31 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 OCTOBER 17, 2023 5527 GEORGETOWN ROAD ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 2.16 acres located at 5527 Georgetown 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. 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 two parcels, approximately 2.16 acres total. The annexation would zone the property as CH Highway Commercial. There is an existing commercial building, and no new development is proposed at this p. 413 REGULAR SESSION NOVEMBER 13, 2023 PAGE -413- MINUTE BOOK 31 time. The property is described as Tax Map 026G Group D Parcels 024.00 and 025.00. Georgetown Road Annexation Map Legal Description Beginning at the southeast corner of a tract of the lands of Howard Hamilton as recorded in BCRD deed book 3013 page 757, said point being located in the western right of way of Freewill Road; thence with the southern line of the lands of Hamilton in a northwesterly direction 466.41 feet, more or less, to the southwest corner of said tract, said point also being the southeast corner of a second tract of Hamilton recorded in the same book and page; thence with the southern line of the seconds tract of Hamilton in a northwesterly direction 120.06 feet, more or less, to the southwest corner of the seconds tract of Hamilton; thence with the western line of the second tract of Hamilton in a northeasterly direction 356.8 feet, more or less, to the northwest corner of the seconds tract of Hamilton, said point being located in the southern right of way of Georgetown Road; thence crossing Georgetown Road in a northeasterly direction 130 feet, more or less, to the northwest corner of the lands of Paul & Keith Clark, also known as Tax Map 26G Group A Parcel 002.00 , as recorded in BCRD deed book 2981 page 528, said point being located in the northern right of way of Georgetown Road; thence with the western line of the lands of Clark and the northern right of way of Georgetown Road in a south easterly direction 150 feet, more or less, to the southwest corner of the tract of Clark, said point being located in the northern line of the lands of State of TN as recorded in BCROD deed book 2724 page 387; thence with the northern line of the lands of State of TN in a northwesterly direction 40 feet, more or less, to the northwest corner of the lands of State of TN; thence with the western line of the lands of State of TN in a southeasterly direction 250 feet, more or less, to the southern corner of the lands of State of TN, said point being the northwest corner of the intersection of Georgetown Road and Eureka Road; thence crossing Georgetown Road in a southwesterly direction 180 feet, more or less, to the northeast corner of the first referenced tract of Hamilton; thence with the eastern line of the first tract of Hamilton in a southwesterly direction 53 feet to the point of beginning. p. 414 REGULAR SESSION NOVEMBER 13, 2023 PAGE -414- MINUTE BOOK 31 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 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water---Domestic water service is presently available to these parcels via a 6” water main along the west side of Georgetown Road NW. See Figure 1—Water Service. B. Sanitary Sewer--- Sewer service is not presently available to the parcels. To provide sewer service to these parcels is approximately 1100 LF, more or less, of 4-inch sewer force main. The proposed force main will connect into an existing 4-inch sewer force main about 1,000 feet southwest of the intersection of Freewill Road NW and Georgetown Road NW. To provide sewer service to the parcels, the Opinion of Probable Cost is $90,750. The sewer force main can be completed within 8 years. See Figure 2—Sewer Service. C. Fire Protection--- There is an existing fire hydrant on the east corner of Georgetown Road NW and Eureka Road NW, and an existing fire hydrant 500 feet south of the parcels. See Figure 1—Water Service. SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection Georgetown Road NW (026G D $0 $90,750 $0 $90,750 024.00 & 025.00) 1The information provided represents a level of project definition of less than 2 percent, consistent with a Class 5 estimate as defined by the Association for the Advancement of Cost Engineering. A Class 5 estimate has an accuracy range of +100 percent to -50 percent. Year 2023 Dollars. p. 415 REGULAR SESSION NOVEMBER 13, 2023 PAGE -415- MINUTE BOOK 31 4. Electric Service Prior to providing service to these parcels, the annexation of the southeast corner (Georgetown_Eureka Rd) must take place. The following is required to provide electric service to this parcel (taken from Georgetown-Eureka Rd POS): 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 p. 416 REGULAR SESSION NOVEMBER 13, 2023 PAGE -416- MINUTE BOOK 31 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. Once this connection takes place, CU electric division can service 5527 Georgetown Rd. with little cost. 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. p. 417 REGULAR SESSION NOVEMBER 13, 2023 PAGE -417- MINUTE BOOK 31 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 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 annexation will cost Cleveland City Schools less than $750 per year. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently C-1 in the unincorporated County. The property is proposed for a CH Highway Commercial 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. p. 418 REGULAR SESSION NOVEMBER 13, 2023 PAGE -418- 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 0 residents to the 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 development 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 Total revenue generated by this annexation is approximately $1676.75. Councilman Webb moved that Resolution 2023-114 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: g. Resolution 2023-115 - Concerning a request by Bancroft Development Co. for consideration of a resolution to annex about 2.16 acres, more or less, of property located on Georgetown Rd. and includes Tax Map 026G Group D Parcels 024.00 and 025.00 (Planning Commission: Approved 7-0; 2 absent). RESOLUTION 2023-115 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 ROAD NW ANNEXATION AREA p. 419 REGULAR SESSION NOVEMBER 13, 2023 PAGE -419- MINUTE BOOK 31 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 November 13, 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 a tract of the lands of Howard Hamilton as recorded in BCRD deed book 3013 page 757, said point being located in the western right of way of Freewill Road; thence with the southern line of the lands of Hamilton in a northwesterly direction 466.41 feet, more or less, to the southwest corner of said tract, said point also being the southeast corner of a second tract of Hamilton recorded in the same book and page; thence with the southern line of the seconds tract of Hamilton in a northwesterly direction 120.06 feet, more or less, to the southwest corner of the seconds tract of Hamilton; thence with the western line of the second tract of Hamilton in a northeasterly direction 356.8 feet, more or less, to the northwest corner of the seconds tract of Hamilton, said point being located in the southern right of way of Georgetown Road; thence crossing Georgetown Road in a northeasterly direction 130 feet, more or less, to the northwest corner of the lands of Paul & Keith Clark, also known as Tax Map 26G Group A Parcel 002.00 , as recorded in BCRD deed book 2981 page 528, said point being located in the northern right of way of Georgetown Road; thence with the western line of the lands of Clark and the northern right of way of Georgetown Road in a south easterly direction 150 feet, more or less, to the southwest corner of the tract of Clark, said point being located in the northern line of the lands of State of TN as recorded in BCROD deed book 2724 page 387; thence with the northern line of the lands of State of TN in a northwesterly direction 40 feet, more or less, to the northwest corner of the lands of State of TN; thence with the western line of the lands of State of TN in a southeasterly direction 250 feet, more or less, to the southern corner of the lands of State of TN, said point being the northwest corner of the intersection of Georgetown Road and Eureka Road; thence crossing Georgetown Road in a southwesterly direction 180 feet, more or less, to the northeast corner of the first referenced tract of Hamilton; thence with the eastern line of the first tract of Hamilton in a southwesterly direction 53 feet to the point of beginning. p. 420 REGULAR SESSION NOVEMBER 13, 2023 PAGE -420- MINUTE BOOK 31 B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. [Exhibit on file with original resolution] C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning for the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution 2023-115 be accepted as presented. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: h. Zoning Ordinance 2023-56 – Zoning about 2.16 acres, more or less, of property located on Georgetown Rd. from unincorporated county to CH Highway Commercial and includes Tax Map 026G Group D Parcels 024.00 and 025.00 (Planning Commission: Approved 7-0; 2 absent). Zoning Ordinance 2023-56 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, re-zoned from County C-1 to CH Highway Commercial Zoning District. Approximately 2.16 acres, more or less, located at 5527 Georgetown Rd. as shown on the attached map. For reference, same property is being shown on Tax Map 026G Group D Parcels 024.00 and 025.00, 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. p. 421 REGULAR SESSION NOVEMBER 13, 2023 PAGE -421- MINUTE BOOK 31 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman May moved that Zoning Ordinance 2023-56 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman Webb moved that staff take immediate action to preserve the Cherokee Chieftain and begin the process of determining the future location and preservation efforts of the statue with a recommendation due back to the Council at the first meeting in February 2024. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman Webb moved that staff develop criteria to determine which capital project are such a necessity we use contactors as opposed to in-house personnel considering all the variables involved. This includes cost estimates, estimated time, all variables. The motion was seconded by Councilman May. Councilman Estes clarified staff gives us the variables and we decide? Councilman Webb stated staff would tell us what variables are involved and then we come up with some kind of decision as to which one they would actually follow on the larger projects. Councilman May stated we voted to borrow money at a low rate, to speed up some of the projects. We knew Public Works was loaded down. Councilman Webb stated one of the criteria’s they might develop is if it’s a project over $50,000 or $100,000 then we have an opportunity to listen to their recommendation on whether Public Works does it or we bid it out to use a contractor. Councilman Estes added he is not against it, just want some clarification. They bring us the criteria. Will they rank projects, like by quarter, monthly. Is each project standing on its own or compete against (others). The administration of this sounds like a nightmare. Is it annually, at our budget retreat, ranking for the year. Councilman Webb stated it can be project by project over a certain amount. Councilman Estes stated he feels we do that now. We say yes to a project, if it is a federal or state funds, we know we have to do x,y and z. Some, we have the option to do in-house for quite a bit more. The Greenway sits on Phase VI forever, waiting on the TA Grant. Central Avenue agreement, we have been through an entire election cycle. We promised Lee University when they finish Parker, we would do Central. Councilman Webb stated he is open to finetuning the motion. He is just trying to do something that will get some of our projects completed so our citizens can benefit from them. Councilman Estes asked for a list p. 422 REGULAR SESSION NOVEMBER 13, 2023 PAGE -422- MINUTE BOOK 31 of what the projects are. Maybe set the priorities at our annual budget retreat. He understands getting the most for the citizens and balancing the goals. Councilman Webb stated his intent was to ask them to come back with how they best think we can make this decision. There may be some projects we would like to use a contractor for that would actually take longer than it does for Public Works to do it because contractors are so busy. Councilman May add believes he is trying to speed up things. Councilman Webb stated at the end of the day, we know it would probably cost more money to have a contractor to do it but there is a time issue involved in getting some needed projects done. Councilman May stated we get grants, we are thrilled but from the time you get a grant and move dirt, sometimes it is too long. Any way we can help staff to move things on, he is for it. Councilman Cassada asked if we have a contract for concrete and asphalt work. Mr. Myers stated yes. Councilwoman McKenzie asked if it was project by project. Councilman Webb stated yes, he doesn’t know what we use now to determine in-house or bid but is asking staff to come back with a recommendation on how to best make a decision, whether it is completed in-house or by a contractor. His intent is to ask for a recommendation. Councilman Estes asked for the motion to include a process on how it fits into how we operate now. He now enjoys prioritizing projects with community meetings and annual retreats and staff fund them, he doesn’t want that jeopardized. Councilman Webb stated yes, it might even free up staff to do the much-needed smaller projects. He doesn’t want to spend more money but sometimes things become a necessity and if there is a better way to get it done then we need to look at it. Upon roll call, the motion unanimously passed. Councilman Hughes stated Cleveland and Bradley County are God-fearing people and the word of the Lord in Numbers says if you Bless Israel, you will be Blessed. Councilman Hughes then moved for the support of Israel in this time of conflict. The motion was seconded by Councilwoman McKenzie; Upon roll, Councilman Hughes, Councilwoman McKenzie, Councilman Webb, Vice Mayor Johnson, Councilman Cassada, Councilman May, and Councilman Estes, who stated he was voting for, specifically because of the declaration of the standards of Hamas and what they did in the past month, voted aye. The motion passed 7-0. ANNOUNCEMENTS Mayor Brooks announced the following: a. City Offices will be closed Thursday, November 23 and Friday, November 24 due to the Thanksgiving Holiday. b. The next City Council meeting will be held on Monday, November 27, 2023. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:56 p.m. _________________________________ _________________________________ Mayor City Clerk