Cleveland City Council

p. 440 REGULAR SESSION JANUARY 8, 2024 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, JANUARY 8, 2024 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, David May, Tom Cassada, 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; Interim Fire Chief Rock Eulo, Jonathan Jobe, Development and Engineering Department; Kris Miller, IT Director; Seth Sumner, Transportation Planner; Tommy Myers, Public Works Director; Robert Varnell, Planning and Community Development Director; Doug Berry with the Chamber of Commerce; Warbrit Lowery; Kimberly Lyon; Jodi Riggins; Tim Rader; David Goodwill with City Fields; Lawrence Armstrong 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 city employee Manuel Mowery who passed away, the following business was then entered into: Councilman Cassada stepped out of the meeting at 3:11. 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 December 11, 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 There were no special presentations and public comments. HEARING PETITIONS AND COMMUNICATIONS Councilman Cassada returned to the meeting at 3:16. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the City of Cleveland for consideration of an ordinance to amend section 3.8 accessory structures and provide parameters for accessory structures and accessory dwellings. Robert Varnell stated staff recommends a maximum square footage of 600 square feet, which is more restricted, but the Planning Commission recommended a maximum square footage as 750 square feet or no more than 40% of the primary structure. The ordinance has been presented as 600 square feet. 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. Kimberly Lyon stated she takes exception to the assumption that no one will charge family rent if they are living in an accessory structure. She understands this is designed so residents are not building secondary income property on their own property, which she takes exception to as well, but not everyone will build a structure to let people live in for free. Councilman May clarified you want a separate dwelling on an R1 zoned property to rent. Ms. Lyons stated yes, as you’d have to pay for the structure and taxes. Mayor Brooks declared the public hearing to be closed. p. 441 REGULAR SESSION JANUARY 8, 2024 PAGE -441- MINUTE BOOK 31 Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Larry Eskew for consideration of a Plan of Service, a resolution to annex, and an ordinance to zone about 23.54 acres, more or less, of property located at Waterlevel Highway from FAR to CH Highway Commercial and includes Tax Map 058J Group F Parcels 014.00, 014.02, and 014.03. Robert Varnell stated no imminent development is currently planned but will be in the future. Councilman Hughes asked if this could be a strip mall. Mr. Varnell stated it could be a component as it is 23 acres. As we continue to grow, there is a need for commercial development. 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 asked Mr. Fivas to review the Consent Agenda. Councilman Hughes 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 2023-57 – heretofore passed on first reading December 11, 2023 and found in Minute Book 31, page 435; zoning about 1.6 acres, more or less, of property located on Fair Street from CG General Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group C Parcels 027.00 (Planning Commission: Approved 8-0; 1 absent). b. Bid Summary – Inman Street Pavement Saw Cutting Project (To reject). TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: January 8, 2024 RE: Bid Summary – Inman Street Pavement Saw Cutting Project SUMMARY: The City advertised to accept sealed bids on December 19, 2023, for the Inman Street pavement saw cutting project. One bid was received and is listed below: • True Line Coring & Cutting of Chattanooga, LLC $27,220.00 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff recommends rejection of bid due to a change in the scope of work. c. Resolution 2024-01 – Authorizing the Health and Educational Facilities Board to negotiate and accept from Horizon Square, Preservation, LP a PILOT agreement. RESOLUTION 2024-01 A RESOLUTION CONSENTING TO THE HEALTH AND EDUCATIONAL FACILITIES BOARD OF THE CITY OF CLEVELAND NEGOTIATING AND ACCEPTING FROM HORIZON SQUARE PRESERVATION, L.P. PAYMENTS IN LIEU OF AD VALOREM TAX WITH RESPECT TO A LOW AND MODERATE- INCOME HOUSING FACILITY IN CLEVELAND, TENNESSEE, AND FINDING THAT SUCH PAYMENTS ARE DEEMED TO BE IN FURTHERANCE OF THE PUBLIC PURPOSES OF THE BOARD AS DEFINED IN TENNESSEE CODE ANNOTATED SECTION 48-101-312. p. 442 REGULAR SESSION JANUARY 8, 2024 PAGE -442- MINUTE BOOK 31 WHEREAS, the City Council (the "Governing Body") of the City of Cleveland, Tennessee (the "City") has met pursuant to proper notice; and WHEREAS, the City has previously authorized the incorporation of The Health and Educational Facilities Board of the City of Cleveland (the "Board") as a public nonprofit corporation duly organized and existing under the provisions of Chapter 101, Title 48 of the Tennessee Code Annotated; and WHEREAS, Horizon Square Preservation L.P. (the "Company") has requested the Board to hold ownership of certain land upon which a housing facility for low and moderate-income persons will be located in the City, along with the improvements and certain personal property to be located thereon (herein referred to as the "Project"); and WHEREAS, as a part of such discussions, the Company has requested that the Board own the Project and lease the same to the Company or any affiliate of the Company under an arrangement whereby the Company or any affiliate of the Company will make payments in lieu of ad valorem taxes; and WHEREAS, Tennessee Code Annotated Section 48-101-312 authorizes the City to delegate to the Board the authority to negotiate and accept from the lessees of the Board payments in lieu of ad valorem tax upon the finding that such payments are deemed to be in furtherance of the public purposes of the Board as defined in said Code Section; and WHEREAS, the Board, acting at its December 13, 2023 meeting, has unanimously approved a motion (i) recommending the Project’s request in accordance with the term hereinafter described and (ii) requesting consent of the Governing Body to the negotiation of such an agreement by the Board; and WHEREAS, the acquisition, rehabilitation and equipping of the Project would enhance the availability of affordable housing in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, as follows: 1. The Governing Body hereby finds that the negotiation and acceptance by the Board from the Company or any affiliate of the Company of payments in lieu of ad valorem taxes consistent with this resolution are deemed to be in furtherance of the public purposes of the Board as defined in Tennessee Code Annotated Section 48-101-301, and the City hereby consents to the Board negotiating and accepting such payments in lieu of ad valorem taxes from the Company with respect to ad valorem taxes that could be assessed on the tax credit received by the Company on the tax-credit housing project as defined by Tennessee Code Annotated Section 48-101-312(b)(4)(B) and to the Chairman of the Board executing such payment in lieu of tax agreements, leases and other documents to effectuate the payment in lieu of tax approval for the Company. 2. The terms of the agreement between the Board and the Company concerning payments in lieu of ad valorem taxes shall be determined by the Board, provided, however (i) the term of the payment in lieu of taxes shall not exceed twenty (20) years commencing upon the completion of the project and issuance of a certificate of occupancy; and (ii) the annual payment in lieu of taxes shall not be less than the ad valorem taxes that would be payable with respect to the Project if the value of federal low-income housing tax credits were not taken into account in determining ad valorem property taxes during the term of twenty (20) years following completion of the project and issuance of a certificate of occupancy; and (iii) the agreement shall provide that should the Project fall out of compliance with the terms of the low- income housing tax credit use restrictions the agreement shall terminate; and (iv) the agreement shall provide that the lease cannot be assigned by the Company to another party without the prior written consent of the governing body and the Board. 3. The Board's agreement with the Company concerning payments in lieu of ad valorem taxes may provide that any ad valorem taxes paid by the Lessee to any taxing jurisdiction with respect to its leasehold interest in the Project shall constitute a credit against the payments in lieu of ad valorem taxes due such taxing jurisdiction. 4. The Board's agreement with the Company concerning payments in lieu of ad valorem taxes may contain such administrative provisions not inconsistent with this resolution as the Board deems appropriate. p. 443 REGULAR SESSION JANUARY 8, 2024 PAGE -443- MINUTE BOOK 31 5. All other resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. Adopted and approved this 8th day of January, 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk d. Resolution 2024-02 – Approving an agreement with S&ME, Inc. for environmental services related to the City’s Stormwater MS4 Option 2 Monitoring Plan Development. RESOLUTION 2024-02 A RESOLUTION APPROVING OF A PROFESSIONAL SERVICES AGREEMENT WITH S&ME, INC. FOR MS4 OPTION 2 MONITORING PLAN DEVELOPMENT WHEREAS, the City Manager and the City’s Stormwater Program manager are recommending to the City Council that the City enter into a professional services agreement with S&ME, Inc. to provide for the development of an MS4 Monitoring Plan as described in the attached agreement with S&ME, Inc.; and WHEREAS, the City Council desires to approve the attached agreement with S&ME, Inc. and to authorize the Mayor to execute the attached professional services agreement on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Council does hereby approve of the attached agreement with S&ME, Inc. to provide professional services as described in the attached agreement, and the City Council further authorizes the Mayor to execute the agreement on behalf of the City. [on file in the City Clerk’s Office.] This 8th day of January 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk e. Motion – Approval to install and operate Law Enforcement Automated License Plate Recognition Cameras on State routes at specific locations. TO: Mayor and City Council FROM: Lt. Kody Fox- Cleveland Police Department DATE: January 4, 2024 RE: Vigilant License Plate Reader Locations SUMMARY: The Cleveland Police Department is purchasing Vigilant License Plate Readers for the City with the State of Tennessee’s Formula and Collaborative Grant project. The Excess Land Office of the Tennessee Department of Transportation p. 444 REGULAR SESSION JANUARY 8, 2024 PAGE -444- MINUTE BOOK 31 requires approval prior to placement of the license plate readers on state routes. As part of the approval process, they are requesting we have approval from our “legislative body” for the license plate readers and locations. Staff requests the City Council to approve the locations proposed for the license plate readers. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funded by Formula Based and Collaborative Grant through State of Tennessee Office of Criminal Justice Program. RECOMMENDATION: Staff recommends approval. f. Motion – Approval of the City Manager Employee Agreement. p. 445 REGULAR SESSION JANUARY 8, 2024 PAGE -445- MINUTE BOOK 31 p. 446 REGULAR SESSION JANUARY 8, 2024 PAGE -446- MINUTE BOOK 31 p. 447 REGULAR SESSION JANUARY 8, 2024 PAGE -447- MINUTE BOOK 31 g. Motion – Allocating funds to create a City Project account for the RAISE Grant Corridor Project/RCE Project from the General Fund balance. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilwoman McKenzie stated the has received several comments on how nice the Mouse Creek intersection project turned out and it has helped traffic congestion in the area. Councilman Estes reminded everyone of the Inman Street meeting on Tuesday, which should have great information. Also, the Chamber Morning Coffee held at the Library has taken off with a lot of great happenings. Councilman Cassada asked about the location for the Inman Street meeting. Mr. Fivas replied at the Museum at 4p.m. Councilman Cassada continued by asking if the lights at the soccer field are for all the fields or the main field. Mr. Fivas stated it is for lights at all of the soccer fields. Councilman May inquired about a timetable when the new landscaping crew would happen. Mr. Fivas replied they would like to propose something next month and have people ready to go in May or June. We really want to improve in this area, so before things get moving we want to have the people ready to go, starting in the downtown area. Councilman Hughes thanked Mr. Fivas for the project update report during today’s Work Session. He then asked about a timeline for Adkisson Drive project, which has been on the project list for several years and TDOT has delayed the project. It is an important road, as the p. 448 REGULAR SESSION JANUARY 8, 2024 PAGE -448- MINUTE BOOK 31 gateway to Cleveland State but dangerous road. Mr. Fivas stated half is done, in front of the college is completed. From the end of the completed section to Paul Huff we hope to have that done before Fall. Councilman Hughes then asked if funding was 80/20. Mr. Fivas stated no, it is 100% city funds. When we do the sidewalk projects, the State makes us do a lot of infrastructure, but we feel we can do most sidewalk projects less than the 20% in a State project and get it done seven years early. We took the sidewalks out of the State project and proceed. The State will come in and pave, which is 80/20. Councilman Webb asked if there were any plans to update the city’s website. He received a call over the holiday about garbage pickup. There was no notice and nothing about holiday office closures and after looking at the site, it just needs refreshed. Mr. Fivas responded it is not a question of freshening it up but we’re going to be hiring a Communications person full-time that will be solely dedicated to social media, announcements, etc. They will take what was formally Corey Divel’s position. We know that is an area of weakness and we want to get someone full- time that will handle social media, press releases and website updates. Vice Mayor Johnson had no report at this time. NEW BUSINESS AND ORDINANCES The following Ordinance was presented in full: a. Ordinance 2024-01 – Amending the Municipal Code Title 14, Chapter 2, Section 3.8 Accessory Structures and provide parameters for accessory structures and accessory dwellings. (Planning Commission: Approved 7-0; 2 absent). ORDINANCE 2024-01 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, AMEND CHAPTER 2 OF TITLE 14 ZONING AND LAND USE CONTROL, BY AMENDING SECTION 3.8 ACCESSORY STRUCTURES AND USES TO REMOVE ACCESSORY DWELLINGS AND DELINEATE BETWEEN MAJOR AND MINOR ACCESSORY STRUCTURES AND AMENDING TABLE 3 BUILDING SETBACKS, HEIGHTS, AND IMPERVIOUS SURFACES. WHEREAS, the City Council has determined that the existing Code should be revised to regulate accessory structures and remove accessory dwellings as an allowable use. WHEREAS, the requirements, restrictions, and permitting of accessory structures are set forth in The Cleveland Municipal Code to ensure the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Cleveland, Tennessee: Section 1: The Cleveland Municipal Code, Title 14 Zoning and Land Use Control, Chapter 2, Section 3.8 Accessory Structures and Uses is hereby amended: 3.8 Accessory Structures and Uses 3.8.1 General Provisions: A. Accessory uses and structures are permitted in conjunction with a permitted principal use. B. Accessory uses and structures are permitted by district as listed in table 1 in Subsection 2.1 Permitted Accessory Uses and Structures by Zoning District. C. Accessory uses and structures shall be subject to approval by the Department of Community Development. D. Accessory Dwellings are permitted under specific requirements listed in section 3.8.4. p. 449 REGULAR SESSION JANUARY 8, 2024 PAGE -449- MINUTE BOOK 31 3.8.2 Accessory Uses: A. Clearly incidental and subordinate to a permitted principal use in terms of area and function; B. Located on the same lot as the principal use; and C. Owned or operated by the same person as the principal use. 3.8.3 Major Accessory Structures: Accessory Structures such as large Storage buildings, Garages, Pool Houses without Bedrooms or Kitchens shall: A. Comply with the maximum number and setback of the principal structure in the applicable zoning district; B. Not be within platted or recorded easements or over underground utilities C. Have a building footprint no greater than 40% of the primary structure footprint; D. Have a maximum building square footage no greater than 40% of the primary structure with a maximum allowable amount up to 600 square feet; E. Not be located within platted or recorded easements or over underground utilities; F. Be subordinate in area and size to the principal building (except for agricultural structures approved by the Community Development Director on parcels larger than 2.5 acres); G. Meet all other applicable standards of this Ordinance when taken together with the principal building or use; and H. Not to be constructed prior to the time the principal building is constructed (except for community gardens and agricultural uses). I. May not be used as an accessory dwelling. 3.8.4 Accessory Dwellings: 1. Accessory Dwellings may be permitted in all residential zoning designations where lots meet or exceed 12,500 square feet and contain a single-family residence. Accessory Dwelling units may not be permitted in any other zoning designation or in addition to multifamily structures. 2. Accessory structures shall be used for human habitation as an extension of the residential use of the principal building for residential habitation, for clearly residential, non-income producing occupancy by a family member or temporary houseguest. The use of an accessory structure as a continually occupied, income producing, separate dwelling unit for lease, rent, or trade is strictly prohibited. 3. A maximum of one accessory dwelling is permitted on a lot. 4. May not be within platted or recorded easements or over underground utilities. 5. The detached accessory dwelling shall maintain a proportional mass, size, and height to ensure it is not taller than the principal structure on the lot. The detached accessory dwelling height shall not exceed the height of the principal structure as measured to the eave line. 6. Comply with the maximum number, setback, and height requirements of the principal structure in the applicable zoning district; 7. Have a maximum building square footage no greater than 40% of the primary structure with a maximum allowable amount of 600 square feet; 8. Accessory dwellings shall comply with the principal building type standards for materials, material changes, colors, and roof elements and must be placed on a permanent foundation. 9. Any dormers shall be set back a minimum of one foot from the exterior wall. 10. Exterior stairs, decks, entry doors, and major windows shall face the principal building, the alley, the street, or the interior of the lot, and away from adjacent properties. 11. Accessory dwellings may be converted from an existing accessory structure, as long as the conversion does not increase any dimensional nonconformity and meets all applicable codes. 12. Off-street parking shall be provided pursuant to Subsection 3.4.4 Table 5 “Minimum Parking Spaces.” 13. Parking spaces shall be included as part of the primary driveway unless alternate road frontage is utilized for a second driveway location to be approved through site review. The parking areas must be finished with concrete, asphalt, pavers, or other permanent surface. 14. Permitting is required with a full survey displaying primary structure, square footage, parking, impervious, and all other applicable requirements. 15. If the Accessory Dwelling Unit is co-located within or as a part of an Accessory Structure as defined in subsection 3.8.3, the maximum square footage shall apply as described for accessory dwellings for the entire structure. p. 450 REGULAR SESSION JANUARY 8, 2024 PAGE -450- MINUTE BOOK 31 3.8.5 Minor Accessory Structures: Minor accessory structures, such as storage or potting sheds, workshops, or greenhouses, shall: A. Comply with the maximum number and setback in the applicable zoning district for accessory structures; B. Have a building footprint of less than 200 square feet; C. Not be within platted or recorded easements or over underground utilities; D. Not to be constructed prior to the time the principal building is constructed (except for community gardens and agricultural uses). E. May not be used as an accessory dwelling. Section 2: The Cleveland Municipal Code, Title 14 Zoning and Land Use Control, Chapter 2, Table 3 Building Setbacks, Heights, and Impervious Surfaces is hereby amended: Table 3 Building Setbacks, Heights, and Impervious Surfaces Zoning Minimum Setbacks (feet) Maximu Minimum Maximum District m Green Impervious Buildin Space Surface Front Yard Side Rear g Yard Yard Height R-A 25 ft 10 ft 15 ft 35 feet 0.65 0.35 (principal, (principal, ADU & ADU & Major Major Accessory) Accessory) 5 ft (minor 5 ft ( Minor accessory) accessory) R-1 25 ft 10 ft 15 ft 35 feet 0.40 0.45 (principal, (principal, ADU & ADU and Major Major Accessory) Accessory) 5 ft (minor 5 ft (Minor accessory) accessory) R-2 25 ft 10 ft 15 ft 35 feet 0.40 0.50 (principal, (principal, ADU & ADU and Major Major Accessory) Accessory) 5 5 ft (minor ft ( Minor accessory) accessory) R-3 25 ft 10 ft 15 ft 70 feet 0.25 0.70 (principal) (principal, (principal, ADU & ADU & Major Major Accessory) Accessory) 5 5 ft (minor ft ( Minor accessory) accessory) R-4 Sec 4.6 Section 4.6 Section 4.6 Section Section 4.6 Section 4.6 4.6 p. 451 REGULAR SESSION JANUARY 8, 2024 PAGE -451- MINUTE BOOK 31 Section 3. This ordinance shall take effect immediately upon passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance 2024-01 be approved on first reading, including the amendment by Councilman Webb as follows: Section 3. Nothing in this Ordinance overrides existing subdivision restrictions and covenants concerning the number of structures allowed on any given parcel regardless of zoning classification. At the time an application for a permit is submitted for an accessory structure, permit applicants are required to certify the construction of an accessory building does not violate any subdivision restrictions in place at the location. The motion was seconded by Councilman Hughes. Mr. Fivas clarified if the Council was approving the maximum allowable amount of 600 square feet or 750 square feet. Councilman May stated 750 square feet and the amendment adding a new Section 3 to the Ordinance. Councilman Estes stated he feels it should be 600. Councilman May stated the Planning Commission recommended 750. Councilman Estes stated he likes it more restrictive, so he will withdraw his second. Councilman May stated his motion is 750 square feet and the amendment. The motion was seconded by Councilman Hughes. Councilman Webb stated they will have an option to building an addition to a house, so if we adopt 600 then they would have another option. Councilman Estes offered a substitute motion to adopt the ordinance as written with 600 square feet and include the new Section 3 amendment by Councilman Webb. The motion was seconded by Councilman May. Councilman Hughes asked if this was overruling Planning Commission. Mayor Brooks stated the Planning Commission recommend 750 square feet and staff recommends 600 square feet. Upon roll call, the motion was unanimously passed. The following Resolution was presented in full: b. Resolution 2024-03 - Concerning a request by Larry Eskew for consideration of a Plan of Service for about 23.54 acres, more or less, of property located at Waterlevel Highway and includes Tax Map 058J Group F Parcels 014.00, 014.02, and 014.03 (Planning Commission: Approved 7-0; 2 absent). RESOLUTION 2024-03 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT WATERLEVEL HWY AND DURKEE RD. (058J F 014.00, 014.02, 014.03) 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; p. 452 REGULAR SESSION JANUARY 8, 2024 PAGE -452- MINUTE BOOK 31 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 January 8, 2024, 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 CS Foundation Inc, as recorded in BCROD deed book 2395 page 704, said point being located in the western right of way of Durkee Road; thence with the southern line of CS Foundation Inc north 66 degrees 46 minutes west, 1015.2 feet to the southwest corner of the lands of CS Foundation Inc, said point also being the southeast corner Tract 1 of a second parcel of the lands of CS Foundation Inc as recorded in BCROD deed book 2395 page 639; thence with the southern line of the second parcel north 66degrees 46 minutes west, 702.6 feet to a point in the control access fence of APD 40; thence north 75 degrees 1 minute east, 192.2 feet to a point; thence north 51 degrees 17 minutes east, 545.2 feet to a point; thence south 76 degrees 59 minutes, 300 feet to the northeast corner of the second parcel, said point also being the northwest corner of the first parcel; thence with the northern line of the first parcel south 76 degrees 59 minutes east, 795.9 feet to appoint; thence south 29 degrees 34 minutes west, 200 feet to a point; thence south 78 degrees 32 minutes east, 302 feet to a point, said point being located the western right of way of Durkee Road; thence crossing Durkee Road south 78 degrees 32 minutes east, 50 feet, more or less, to a point in the eastern right of way of Durkee Road; thence following the eastern right of way of Durkee Road in a southerly direction 680 feet, more or less, to the northwest corner of the lands of Angela Wilson as recorded in BCROD deed book 2157 page 308; thence crossing Durkee Road on a westerly direction 50 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 p. 453 REGULAR SESSION JANUARY 8, 2024 PAGE -453- MINUTE BOOK 31 OCTOBER 17, 2023 WATERLEVEL HWY and DURKEE RD. (058J F 014.00, 014.02, 014.03) ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 23.54 acres located at Waterlevel Hwy and Durkee 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 2024. 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 time. The property is described as Tax Map 026G Group D Parcels 024.00 and 025.00. p. 454 REGULAR SESSION JANUARY 8, 2024 PAGE -454- MINUTE BOOK 31 Waterlevel Hwy Annexation Map Legal Description Beginning at the southeast corner of the lands of CS Foundation Inc, as recorded in BCROD deed book 2395 page 704, said point being located in the western right of way of Durkee Road; thence with the southern line of CS Foundation Inc north 66 degrees 46 minutes west, 1015.2 feet to the southwest corner of the lands of CS Foundation Inc, said point also being the southeast corner Tract 1 of a second parcel of the lands of CS Foundation Inc as recorded in BCROD deed book 2395 page 639; thence with the southern line of the second parcel north 66degrees 46 minutes west, 702.6 feet to a point in the control access fence of APD 40; thence north 75 degrees 1 minute east, 192.2 feet to a point; thence north 51 degrees 17 minutes east, 545.2 feet to a point; thence south 76 degrees 59 minutes, 300 feet to the northeast corner of the second parcel, said point also being the northwest corner of the first parcel; thence with the northern line of the first parcel south 76 degrees 59 minutes east, 795.9 feet to appoint; thence south 29 degrees 34 minutes west, 200 feet to a point; thence south 78 degrees 32 minutes east, 302 feet to a point, said point being located the western right of way of Durkee Road; thence crossing Durkee Road south 78 degrees 32 minutes east, 50 feet, more or less, to a point in the eastern right of way of Durkee Road; thence following the eastern right of way of Durkee Road in a southerly direction 680 feet, more or less, to the northwest corner of the lands of Angela Wilson as recorded in BCROD deed book 2157 page 308; thence crossing Durkee Road on a westerly direction 50 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. p. 455 REGULAR SESSION JANUARY 8, 2024 PAGE -455- MINUTE BOOK 31 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 Durkee Road. See Figure 1 – Water Service. B. Sanitary Sewer--- Plans of Service for the parcel at the southeast quadrant of the Waterlevel Highway and Durkee Rd intersection (Tax Parcel 058K-F-001.00) were prepared on July 3, 2023 and August 7, 2023. The plans of services for that parcel depicted an approximately 700 LF of 2” to 4” sewer force main is required to be installed, size to be determined by a consultant. The proposed fore main will connect into a future 8” gravity sewer main (currently under construction). To provide sewer service to the parcel (058K-F-001.00), the Opinion of Probable Cost is $129,200. For these three tax parcels (058J-F-014.00, 014.02, and 014.03), it is assumed that the sewer infrastructure described above has been constructed. To extend sewer infrastructure from the southeast quadrant of Durkee Road and Waterlevel Highway to the northeast quadrant of Tax Parcel 058J-F-014.03, approximately 600 LF of 2” to 4” sewer force main is required to be installed along Durkee Road. A road crossing of Durkee Road is required. It is assumed that this road crossing can be constructed by open cutting Durkee Road. To provide sewer service to the parcel (058K-F-001.00), the Opinion of Probable Cost is $49,750. The maximum capacity of the new force main will be 200 gpm across Waterlevel Highway. As was mentioned in the Plans of Service for the parcel at the southeast quadrant of the Waterlevel Highway and Durkee Road intersection (Tax Parcel 058K-F-001.00), the maximum flow is the maximum flow from all parcels south of Waterlevel Highway flowing into the existing gravity sewer mains along Durkee Road. The sewer main can be completed within 8 years. See Figure 2-Sewer Service. C. Fire Protection--- There is an existing fire hydrant on the northeast corner of Tax Parcel 058J-F-014.00, 250’ from Tax Parcel 058J-F-014.02, and 300’ north of Tax Parcel 058J-F-014.03. See Figure 1 – Water Service. SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection Waterlevel Hwy (058J-F- $0 $49,750 $0 $49,750 014.03) 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. 456 REGULAR SESSION JANUARY 8, 2024 PAGE -456- MINUTE BOOK 31 4. Electric Service Cleveland Utilities electric division has existing facilities in place to serve the proposed annexation with no issues. 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 p. 457 REGULAR SESSION JANUARY 8, 2024 PAGE -457- MINUTE BOOK 31 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. 6. Schools This annexation will not impact City School Systems. 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. p. 458 REGULAR SESSION JANUARY 8, 2024 PAGE -458- MINUTE BOOK 31 B. This property is currently FAR 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. 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 4th 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 $27,357.50 Councilman May moved that Resolution 2024-03 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. p. 459 REGULAR SESSION JANUARY 8, 2024 PAGE -459- MINUTE BOOK 31 The following Resolution was presented in full: c. Resolution 2024-04 - Concerning a request by Larry Eskew for consideration of a resolution to annex about 23.54 acres, more or less, of property located at Waterlevel Highway and includes Tax Map 058J Group F Parcels 014.00, 014.02, and 014.03 (Planning Commission: Approved 7-0; 2 absent). RESOLUTION 2024-04 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 WATERLEVEL HWY 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. 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 CS Foundation Inc, as recorded in BCROD deed book 2395 page 704, said point being located in the western right of way of Durkee Road; thence with the southern line of CS Foundation Inc north 66 degrees 46 minutes west, 1015.2 feet to the southwest corner of the lands of CS Foundation Inc, said point also being the southeast corner Tract 1 of a second parcel of the lands of CS Foundation Inc as recorded in BCROD deed book 2395 page 639; thence with the southern line of the second parcel north 66degrees 46 minutes west, 702.6 feet to a point in the control access fence of APD 40; thence north 75 degrees 1 minute east, 192.2 feet to a point; thence north 51 degrees 17 minutes east, 545.2 feet to a point; thence south 76 degrees 59 minutes, 300 feet to the northeast corner of the second parcel, said point also being the northwest corner of the first parcel; thence p. 460 REGULAR SESSION JANUARY 8, 2024 PAGE -460- MINUTE BOOK 31 with the northern line of the first parcel south 76 degrees 59 minutes east, 795.9 feet to appoint; thence south 29 degrees 34 minutes west, 200 feet to a point; thence south 78 degrees 32 minutes east, 302 feet to a point, said point being located the western right of way of Durkee Road; thence crossing Durkee Road south 78 degrees 32 minutes east, 50 feet, more or less, to a point in the eastern right of way of Durkee Road; thence following the eastern right of way of Durkee Road in a southerly direction 680 feet, more or less, to the northwest corner of the lands of Angela Wilson as recorded in BCROD deed book 2157 page 308; thence crossing Durkee Road on a westerly direction 50 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. 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 2024-04 be accepted as presented. The motion was seconded by Councilwoman McKenzie; and upon roll call, unanimously passed. The following Zoning Ordinance was presented in full: d. Zoning Ordinance 2024-02 – Zoning about 23.54 acres, more or less, of property located at Waterlevel Highway from FAR to CH Highway Commercial and includes Tax Map 058J Group F Parcels 014.00, 014.02, and 014.03 (Planning Commission: Approved 7-0; 2 absent). Zoning Ordinance 2024-02 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 FAR to CH Highway Commercial Zoning District. Approximately 23.64 acres, more or less, located at Waterlevel Hwy and Durkee Rd. as shown on the attached map. For reference, same property is being shown on Tax Map 058J Group F Parcels 014.00, 014.02 and 014.03, in the Assessor’s Office for Bradley County, Tennessee p. 461 REGULAR SESSION JANUARY 8, 2024 PAGE -461- MINUTE BOOK 31 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 2024-02 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Ordinance was presented in full: e. Ordinance 2024-03 – Amending the Municipal Code Title 20, Chapter 12, Section 20-1215 (11) concerning allowable charges for Wreckers and Towing Services operating on the City’s rotational call list. ORDINANCE 2024-03 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE BE AMENDED BY REVISING TITLE 20, CHAPTER 12, SECTION 20-1215 (11) CONCERNING ALLOWABLE CHARGES FOR WRECKERS AND TOWING SERVICES OPERATING ON THE CITY’S ROTATIONAL CALL LIST NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee: Section 1. That Title 20, Chapter 12, Sections 20-1215 (11) of the Code of Ordinances of the City of Cleveland, Tennessee, be amended as follows: Section 20-1215 (11) Maximum charges for non-consensual tows while operating on rotational call. The following charges are hereby established as the maximum charges for those non-consensual tows made by a wrecker permit holder while the permit holder is operating on the city’s rotational call list. p. 462 REGULAR SESSION JANUARY 8, 2024 PAGE -462- MINUTE BOOK 31 These maximum charges do not apply if the tow is consensual, or if the tow is made while the wrecker is not operating on the city's rotational call list. The maximum charge for non-consensual wrecker services while operating on the City’s rotational call list shall be as follows: A&D Class: The maximum tow rate is $225.00, plus any charges for winching, if applicable. This rate applies regardless of the time of day, or the day of the week. This rate also applies on weekends and holidays. There shall be no separate fuel charge. Winching may be charged only if the vehicle is off the road or is overturned. The maximum winching fee is $75.00 per half hour. Maximum storage rates shall be $35.00 per day for outside storage, and $50.00 per day for inside storage. Administration fees shall only apply after three days. The wrecker company is allowed to bill the customer for any postage expenses actually incurred by the wrecker company when the wrecker company is required by state law to send a notice by certified mail. The wrecker company must keep documentation of these actual certified mail expenses in order to bill the customer for these postage expenses. A gate fee may not be charged. However, vehicle owners are expected to retrieve their personal items from a vehicle located on a wrecker company’s lot within 30 minutes of the time the removal begins. A wrecker company is permitted to charge a fee to a customer when the retrieval of personal items by a customer takes more than 30 minutes. This fee may not exceed $25.00 per half hour. The wrecker company may not charge a fee for removal of personal items from a vehicle when the removal of items takes less than 30 minutes. The 30-minute time period begins when the vehicle owner starts to remove their personal items from a vehicle. Before this fee can be charged, the wrecker company must obtain a written acknowledgement form signed by the owner of the vehicle advising the owner that after 30 minutes they will be charged this additional fee. B Class : The maximum tow rate is $350.00 per hour from start to stop. This rate applies regardless of the time of day, or the day of the week. This rate also applies on weekends and holidays. There shall be no separate fuel charge. There shall be no separate winching fee. Maximum storage rates shall be $35.00 per day for outside storage, and $50.00 per day for inside storage, except for tractor trailers. For tractor trailers, the maximum storage rates shall be $50 per day for the tractor and $85 per day for the trailer. Administration fees shall only apply after three days. The wrecker company is allowed to bill the customer for any postage expenses actually incurred by the wrecker company when the wrecker company is required by state law to send a notice by certified mail. The wrecker company must keep documentation of these actual certified mail expenses in order to bill the customer for these postage expenses. A gate fee may not be charged. However, vehicle owners are expected to retrieve their personal items from a vehicle located on a wrecker company’s lot within 30 minutes of the time the removal begins. A wrecker company is permitted to charge a fee to a customer when the retrieval of personal items by a customer takes more than 30 minutes. This fee may not exceed $25.00 per half hour. The wrecker company may not charge a fee for removal of personal items from a vehicle when the removal of items takes less than 30 minutes. The 30-minute time period begins when the vehicle owner starts to remove their personal items from a vehicle. Before this fee can be charged, the wrecker company must obtain a written acknowledgement form signed by the owner of the vehicle advising the owner that after 30 minutes they will be charged this additional fee. C Class: The maximum tow rate is $650.00 per hour from start to stop. This rate applies regardless of the time of day, or the day of the week. This rate also applies on weekends and holidays. p. 463 REGULAR SESSION JANUARY 8, 2024 PAGE -463- MINUTE BOOK 31 There shall be no separate fuel charge. There shall be no separate winching fee. Maximum storage rates shall be $35.00 per day for outside storage, and $50.00 per day for inside storage, except for tractor trailers. For tractor trailers, the maximum storage rates shall be $50 per day for the tractor and $85 per day for the trailer. Administration fees shall only apply after three days. The wrecker company is allowed to bill the customer for any postage expenses actually incurred by the wrecker company when the wrecker company is required by state law to send a notice by certified mail. The wrecker company must keep documentation of these actual certified mail expenses in order to bill the customer for these postage expenses. A gate fee may not be charged. However, vehicle owners are expected to retrieve their personal items from a vehicle located on a wrecker company’s lot within 30 minutes of the time the removal begins. A wrecker company is permitted to charge a fee to a customer when the retrieval of personal items by a customer takes more than 30 minutes. This fee may not exceed $25.00 per half hour. The wrecker company may not charge a fee for removal of personal items from a vehicle when the removal of items takes less than 30 minutes. The 30-minute time period begins when the vehicle owner starts to remove their personal items from a vehicle. Before this fee can be charged, the wrecker company must obtain a written acknowledgement form signed by the owner of the vehicle advising the owner that after 30 minutes they will be charged this additional fee. The maximum charges set forth above for all classes of wreckers do not apply to: Consensual wrecker services provided by a towing company for a private individual or entity that chooses to enter into a private contract with the towing or wrecker company for service. (Owner’s request.) Non-consensual towing from private property that occurs when a private property owner hires or otherwise authorizes a wrecker or towing company to remove a vehicle from that owner’s private property. Any towing or wrecker services provided by a wrecker permit holder when that permit holder is not operating on the City’s rotational call list at the time the wrecker services are provided. Section 2. That this Ordinance shall be effective from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Johnson moved that Ordinance 2024-043 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. f. Resolution 2024-05 – To further consider the annexation by referendum and draft Plans of Service for the annexation of a total of 283.51 acres for parcels of property located on Frontage Road, Dry Valley Road and South Lee Highway. RESOLUTION 2024-05 A RESOLUTION TO FURTHER CONSIDER THE ANNEXATION BY REFERENDUM AND DRAFT PLANS OF SERVICE FOR THE ANNEXATION OF A TOTAL OF 283.51 ACRES FOR PARCELS OF PROPERTY LOCATED ON FRONTAGE ROAD, DRY VALLEY ROAD, AND SOUTH LEE HIGHWAY p. 464 REGULAR SESSION JANUARY 8, 2024 PAGE -464- MINUTE BOOK 31 WHEREAS, various property owners petitioned the Mayor and City Council of Cleveland, Tennessee (“City”), to annex 4 parcels, containing approximately 283.51 acres, outside the City limits and located outside the Cleveland Urban Growth Boundary (“UGB”); and WHEREAS, on December 11, 2023 the City Council passed Resolution 2023-120 initiating the consideration of the annexation process and draft Plans of Service for these parcels; and WHEREAS, at the Planning Commission meeting held on December 12, 2023, the Planning Commission considered the annexations of all these parcels and recommended that the City Council annex all of the parcels except the one on Frontage Road; and WHEREAS, a draft copy of the Planning Commission minutes from that meeting is attached to this Resolution; and WHEREAS, it is believed it is in the best interest of the City to further investigate and consider the areas petitioned to be annexed in order to consider the areas for future development in accordance with City standards; and WHEREAS, passage of this resolution shall not bind the City to later annex any of these parcels of property; and WHEREAS, Tennessee Code Annotated (T.C.A.) § 6-51-102, as amended, requires that a Plans of Service be adopted by a municipal governing body prior to the passage of an annexation resolution; and WHEREAS, the City Council desires to move forward with continuing the analysis of annexing one or all of these parcels and adopting their Plans of Service. NOW THEREFORE, BE IT RESOLVED BY MAYOR BROOKS AND THE CITY COUNCIL OF CLEVELAND, TENNESSEE, AS FOLLOWS: SECTION I. That the following parcels shall be further considered by the City Council for annexation by referendum with the City Council to decide at its next meeting on January 22, 2024 whether to adopt a resolution to annex and approve a final Plan of Service for each of the following parcels, which are shown on the Maps attached hereto as Exhibit A: Map-Parcel Acres Owner 014-051.00 4.93 Bank of Cleveland 028-048.00 113 Anna Suits 028-048.03 160 David Henry, Tonya Wilson, Tommy Haun, Mary Ann McCamey 056-092.00 5.58 Lynn Jones Total 283.51 SECTION II: That the draft Plans of Service attached hereto as Exhibit A shall provide guidance to Mayor Brooks and the City Council of Cleveland, Tennessee on how the properties would be served by City resources but is not binding on the Council’s final annexation decision. [Draft Plans of Service on file with original Resolution in the City Clerk’s Office.] SECTION III: The City Council will further consider the annexation of these parcels and their Plans of Service at its regular meeting on January 22, 2024. SECTION IV: BE IT RESOLVED by Mayor and City Council of Cleveland, Tennessee, that this Resolution shall take effect from and after its passage. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 465 REGULAR SESSION JANUARY 8, 2024 PAGE -465- MINUTE BOOK 31 Councilman May moved that Resolution 2024-03 be accepted as presented. The motion was seconded by Councilman Webb. Councilman Estes asked city staff, particularly on the Frontage Road property, to give a very strong yay or nay on a recommendation and how it benefits the city and where it does not. Councilman Cassada asked that the resolutions and plan of services be broken out individually moving forward. Mr. Fivas stated yes, we agree they need to be separate votes. Upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. City offices will be closed Monday, January 15 in observance of Martin Luther King Jr. Day. b. The next City Council meeting will be held on Monday, January 22, 2024. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:48 p.m. _________________________________ _________________________________ Mayor City Clerk