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Cleveland City Council

Regular Meeting

Cleveland, TN · March 11, 2024

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Minutes

p. 549 REGULAR SESSION MARCH 11, 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, MARCH 11, 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 David May, Tom Cassada, Dale Hughes, Ken Webb, and Councilwoman Marsha McKenzie. Councilman Bill Estes was absent. 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; Fire Chief Chris Bates; Development and Recreation; Chris Gaylor, Assistant 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; Sharon Marr with Mainstreet; Lucy Rymer with the Museum; Warbrit Lowery; Ben Berry with Berry Engineering; Hal Taylor; Jodi Riggins; Interim School Director Kelly Kiser; Charlie Boothe; Angela Mathis; Dewayne Belew; Lawrence Armstrong; Gracie Shamblin; and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Avery Johnson, and a moment of silence for Allen Murphy, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on February 26, 2024 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. Councilman Webb moved to excuse Councilman Estes from today’s meeting. The motion as seconded by Councilman May; and upon roll call, unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Councilman Webb stated today we have a proclamation recognizing the success of the American Cancer Society Relay for Life. After a brief video, Mayor Brooks presented the proclamation to Dewayne Belew and Angela Mathis. “AMERICAN CANCER SOCIETY” “RELAY FOR LIFE DAY” Whereas, for more than 10 decades, the American Society has been dedicated to pursuing better outcomes for every cancer, every life; and . . . . Whereas, the Cleveland Bradley Relay for Life started in 1993 to advance the mission of the American Cancer Society by allowing local volunteers, survivors, caregivers and supporters to raise funds to provide support and advance cancer research; and . . . . Whereas, the mission of the American Cancer Society is to improve the lives of people with cancer and their families through advocacy, research, and patient support, to ensure everyone has an opportunity to prevent, detect, treat, and survive cancer; and . . . . Whereas, the Cleveland Bradley Relay for Life has raised in excess of 3.5 million in 31 years; and . . . . Whereas, the American Cancer Society is proud to have contributed to the work that has resulted in a 33 percent drop in the overall cancer death rate in the United States. p. 550 REGULAR SESSION MARCH 11, 2024 PAGE -550- MINUTE BOOK 31 That drop equates to 3.1 million fewer cancer deaths between 1991 and 2023; and . . . . Whereas, the Cleveland Bradley Relay for Life in 2023 was chosen by the American Cancer Society as the number one Relay in Tennessee, the Southeast United States and the entire Nation, NOW THEREFORE, I, Kevin Brooks and the Cleveland City Council, do hereby declare April 20, 2024 as: “Relay for Life Day in Cleveland, Tennessee” Mr. Belew thanked the Council for their support over the years. This year we will again have the ice cream sandwich eating contest and Councilman Cassada agreed to participate again. He then asked for continued prayers for the right things to do and say to help fight cancer and secondly, they need survivors to register, free of charge, to walk the opening lap of the relay. He would like to see at least 100 cancer survivors join this year. Councilman Webb then presented Mr. Belew and Ms. Mathis with a sign for the group to use as they see fit during the next relay. Mr. Belew again thanked the Council for their continued support and for the upcoming Relay for Life on April 20. Lucy Rymer, Director of the Museum Center at 5ive Points addressed the City Council concerning upcoming events. March 23, it will be a family fun day, all about bugs. April 10-14 we will have a Stitches in Time Quilt Show, Tartan Day on April 4, with the Chattanooga Pipe Band and a Scottish theme buffet. April 20 will be the Keg, Cork & Barrel event, April 27 is Cleveland High prom and April 30 will be the Chattanooga Symphony. It is an amazing time to be a part of the Museum. Ms. Rymer continued that they are one of the recipients of the Downtown Improvement grant, which will provide new redesigned banners that include the Smithsonian designation. She thanked the Council for their continued support. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held to hear public comments concerning a request by Ryan Wampler for consideration of a Plan of Service, a resolution to annex, and an ordinance to zone about 17.5 acres, more or less, of property located at Buchanan Road from FAR/Unincorporated County to PUD 50 Planned Unit Development and includes Tax Map 065 Parcels 040.00 and 044.00. Mr. Varnell stated this will be single-family detached homes with some open space. Although the number is uncertain, we are at a max of 90 homes. At the moment, this is noncontiguous, and will require an Interlocal Agreement with Bradley County to proceed. The Planning Commission Approved 7-1 with 1 recusal. Councilman Webb asked about the minimum width of the lots. Mr. Varnell stated 5000 square feet, or 50x100. Mayor Brooks asked if anyone would like to speak in favor of the approval. Ben Berry with Berry Engineering stated this is a single-family site, with architecture standards like brick with open spaces. Councilman Webb inquired about the water/sewer lines. Mr. Berry stated the sewer is close and the developer is aware of the costs. Mayor Brooks asked if anyone would like to speak in opposition to the approval. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments pertaining to the 2024 Brownfield Redevelopment Area Grant project. Cathy Andrews, CDBG Coordinator addressed the Council concerning the Brownfield grant and steps to apply. The grant application will be due in April, so at the next meeting we will have a resolution authorizing the application. Mayor Brooks asked if anyone would like to speak concerning the project. No one spoke. Mayor Brooks declared the public hearing to be closed. p. 551 REGULAR SESSION MARCH 11, 2024 PAGE -551- MINUTE BOOK 31 CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented during the Work Session. Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, unanimously passed. a. Contract Extension – Laundry & Dry Cleaning Services one-year contract extension with Champion Cleaners. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: March 11, 2024 RE: Contract Extension – Laundry & Dry-Cleaning Service SUMMARY: Requesting an extension to the current Laundry & Dry-Cleaning contract with Champion Cleaners for an additional one-year term. COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: Recommendation is to approve a one-year contract extension beginning May 1, 2024. b. Resolution 2024-26 - Authorizing the City to purchase equipment for the Public Works Landscaping Division through the Master Intergovernmental Cooperative Purchasing Agreement #082923-DAC between Deere & Company and Sourcewell. RESOLUTION 2024-26 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE EQUIPMENT, PRODUCTS, OR SERVICES THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING CONTRACT #082923-DAC, AS AMENDED, WHICH IS ADMINISTERED BY SOURCEWELL, A STATE OF MINNESOTA LOCAL GOVERNMENT AGENCY AND SERVICE COOPERATIVE. __________________________________________________________________ WHEREAS Tennessee Code Annotated § 12-3-1205 provides that any municipality may participate in, sponsor, conduct, or administer a “cooperative purchasing agreement” for the procurement of any supplies, services, or construction with one (1) or more other local governments in accordance with an agreement entered into between the participants, including governmental entities outside this state; and WHEREAS, the Master Intergovernmental Cooperative Purchasing Agreement (“MICPA”) to provide equipment, products or services between Deere & Company. (“Company”) and Participating Entities in cooperation with Sourcewell, a State of Minnesota local government agency and service cooperative, on behalf of Participating Entities, which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of equipment, products or services pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative Purchasing Agreement provided that it adopts a resolution accepting the terms of the Contract and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and p. 552 REGULAR SESSION MARCH 11, 2024 PAGE -552- MINUTE BOOK 31 WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered with Sourcewell which allows the City of Cleveland to enter into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements and facilitate access to the Master Agreement and the Company under Contract #082923-DAC, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12- 3-1205 (a)(1). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the City of Cleveland be and is hereby authorized to purchase equipment, products or services as a participating public agency under MICPA Contract #082923-DAC, as amended, held by Sourcewell as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through Sourcewell to be used by the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk c. Motion – Staff to proceed with preservation of the Cherokee Chieftain. TO: Joe Fivas, City Manager FROM: C. Seth Sumner, Transportation Planner DATE: March 7, 2024 RE: Recommendation on Chieftain SUMMARY: Following the Council’s conversation about preserving the Cherokee Chieftain in November, as the weather is turning favorable for preservation efforts this spring, the time is nigh for action. Staff has researched best practices and products for preservation of the wood and has obtained costs from a local service provider. With the help of the service provider, staff has identified the following process: gently clean the existing surface, use Bora-Care for pest prevention, repair holes and cracks with wood-epoxy, and stain/seal the wood with a transparent and natural colored restoration product. This level of care should be provided annually or biennially to best protect and preserve the Chieftain. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: Staff have received a quote for services from a local vendor who has previously performed similar services for the City of Cleveland. Freddy Mora is available to provide services for $4,500. Attempts to obtain other quotes from qualified vendors have been futile as calls have not been returned. RECOMMENDATION: Staff recommends City Council approve funding the services of Mr. Freddy Mora and select the natural stain and sealer color to be used on the Chieftain. Staff further recommends that this process be considered as regular annual or biennial maintenance, as needed, for further protection and extending the life of the Chieftain. d. Resolution 2024-27 – Authorizing the Mayor to sign an agreement with Locality Media, Inc dba First Due for software to be used by the Cleveland Fire Department. p. 553 REGULAR SESSION MARCH 11, 2024 PAGE -553- MINUTE BOOK 31 RESOLUTION 2024-27 WHEREAS, the Cleveland Fire Department is requesting that the City Council approve of the attached software agreement between the City and Locality Media, Inc. doing business as First Due; and WHEREAS, the City Council now desires to accept the attached agreement with Locality Media, Inc., and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached agreement with Locality Media, Inc., and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 11th day of March 2024. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk UNFINISHED BUSINESS Mr. Fivas stated the Facility Use Agreement with Cleveland City Schools was on the agenda of the last meeting and since that time, there have been a few questions, so to make sure we get it right we have placed it back on today’s agenda if the Council wishes to modify the agreement. One main issue is the use of the tennis courts for practices. Cleveland High teams uses all seven courts during games and tryouts and the agreement was written that they have five out of the seven courts for practice. That allows two courts to be for public use during practice times. Mr. Hal Taylor stated he understands when teams practiced, they ran into issues with people trying to use the courts and he believes signage would help, identifying court practice times for the teams. He thought five courts for practice were okay, it was just the signage. Councilman Hughes asked if they were agreeable with five for practice and two for free play. Seven for games and tryouts. You will not need them after the tennis season is over in mid- April. Mr. Taylor stated he hasn’t spoken to the Athletic Director, but his understanding was needing signage for practice times. Councilman Hughes stated he spoke with the Athletic Director, who said they needed seven courts for practice, as they have 24 players and during the season he feels that is reasonable. Mr. Taylor stated yes, I’m sure we could use all seven but can live with five. Mr. Kimball stated if you want to modify the agreement you can do that by motion. Couniclwoman McKenzie asked about extending the practice hours for five courts. Mr. Kiser stated it would benefit our students to extend that time and seven courts. We are willing to work with the City with any number of courts you provide. This is a brief period during the Spring, and we are willing to work through any issues. Councilman Hughes moved to modify the agreement to allow for seven courts to be used during the practice times for the Tennis season. Mayor Brooks stated the motion dies for lack of a second. Councilman Cassada asked if this could be tabled to the next meeting to have the Athletic Director, Coaches and tennis community come in for additional discussion. Mayor Brooks stated this item will be added to the March 25 agenda. REPORTS OF COUNCIL MEMBERS Councilman Hughes had no report at this time. Councilman Webb had no report at this time. Vice Mayor Johnson had no report at this time. p. 554 REGULAR SESSION MARCH 11, 2024 PAGE -554- MINUTE BOOK 31 Councilwoman McKenzie had no report at this time. Councilman Cassada had no report at this time. Councilman May had no report at this time. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: a. Resolution 2024-24 - Concerning a request by Ryan Wampler for consideration of a Plan of Service for about 17.5 acres, more or less, of property located at Buchanan Road and includes Tax Map 065 Parcels 040.00 and 044.00 (Planning Commission: Approved 7-1; 1 recused). RESOLUTION 2024-24 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT BUCHANAN RD. (065 040.00 and 044.00) 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 March 11, 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 an iron pin located at the northeast corner of the lands of Ryan and Emily Wampler parcel 1, as recorded in BCRD deed book 2992 page 50, said point being located in the western right of way of Buchanan Road; thence with the eastern line of the lands of Wampler south 8 degrees 40 minutes west, 297.16 feet to a point, thence south 10 degrees 9 minutes west, 121.75 feet to a point; thence south 12 degrees 15 minutes west, 66.06 feet to a point; thence south 18 degrees 13 minutes west, 33.55 feet to appoint; thence south 23 degrees 34 minutes west, 40.14 feet to a point; thence south 28 degrees 7 minutes west, 56.74 feet to an iron pin, said point being the southeast corner of the lands of Wampler and the northeast corner of an unopened right of way; thence crossing the unopened right of way with western right of way of Buchanan Road 30 feet, more or less, to the southwest corner of Buchanan Road and the unopened right of way; thence with the southern edge of the unopened right of way in a northwesterly direction 708 feet, more or less, to the northeast corner of parcel 2 of the lands of Wampler; thence with the lands of Wampler south 26 degrees 53 minutes west, 145 feet, more or less, to the southwest corner of parcel 2 of Wampler; thence with the western line of parcel 2 of the lands of Wampler in a northeasterly direction 206 feet, more or less, to the northwest corner of parcel 2 of Wampler, said corner also being located in the southern line of the unopened right of way; thence following the southern line of the unopened right of way in an westerly direction 289 feet, more or less, to the southwestern corner of the unopened right of p. 555 REGULAR SESSION MARCH 11, 2024 PAGE -555- MINUTE BOOK 31 way; thence with the western line of the unopened right of way in a northerly direction 30 feet, more or less, to the northwest corner of the unopened right of way, said point also being the southeast corner of an unopened portion of A Street; thence with the southern right of way of the unopened portion of A street in a northwesterly direction 40 feet, more or less to the southwest corner of the unopened right of way of A Street; thence with the western line of the unopened right of way of A Street in a northeasterly direction 620 feet, more or less, to the southwest corner of the unopened right of way of A Street and 29th Street; thence with the southern right of way of 29th Street in a northwesterly direction 478 feet, more or less, to a point where the southern right of way of 29th Street intersect the existing City Limits; thence crossing 29th Street in a northeasterly direction with the existing City Limits 40 feet, more or less, to the a point where the existing City Limits intersects the northern right of way of 29th Street; thence following the northern right of way of 29th Street in an easterly direction 958 feet, more or less, to the northwest corner of the intersection of 29th Street and Bo Street; thence crossing the intersection in southwesterly direction 44 feet, more or less, to the southwest corner of the intersection of 29th Street and Bo Street, said point being located in the norther line of parcel 1 of Wampler; thence with the northern line of parcel 1 of Wampler in a southeasterly direction 924 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 FEBRUARY 20, 2024 BUCHANAN ROAD ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 17.5 acres located at Buchanan 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. p. 556 REGULAR SESSION MARCH 11, 2024 PAGE -556- MINUTE BOOK 31 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 17.5 acres total. The annexation would zone the property as PUD Planned Unit of Development. This is a vacant lot and a single family detached dwelling community is proposed. The property is described as Tax Map 065 Parcels 040.00 and 044.00. Buchanan Road Annexation Map p. 557 REGULAR SESSION MARCH 11, 2024 PAGE -557- MINUTE BOOK 31 Legal Description Beginning at an iron pin located at the northeast corner of the lands of Ryan and Emily Wampler parcel 1, as recorded in BCRD deed book 2992 page 50, said point being located in the western right of way of Buchanan Road; thence with the eastern line of the lands of Wampler south 8 degrees 40 minutes west, 297.16 feet to a point, thence south 10 degrees 9 minutes west, 121.75 feet to a point; thence south 12 degrees 15 minutes west, 66.06 feet to a point; thence south 18 degrees 13 minutes west, 33.55 feet to appoint; thence south 23 degrees 34 minutes west, 40.14 feet to a point; thence south 28 degrees 7 minutes west, 56.74 feet to an iron pin, said point being the southeast corner of the lands of Wampler and the northeast corner of an unopened right of way; thence crossing the unopened right of way with western right of way of Buchanan Road 30 feet, more or less, to the southwest corner of Buchanan Road and the unopened right of way; thence with the southern edge of the unopened right of way in a northwesterly direction 708 feet, more or less, to the northeast corner of parcel 2 of the lands of Wampler; thence with the lands of Wampler south 26 degrees 53 minutes west, 145 feet, more or less, to the southwest corner of parcel 2 of Wampler; thence with the western line of parcel 2 of the lands of Wampler in a northeasterly direction 206 feet, more or less, to the northwest corner of parcel 2 of Wampler, said corner also being located in the southern line of the unopened right of way; thence following the southern line of the unopened right of way in an westerly direction 289 feet, more or less, to the southwestern corner of the unopened right of way; thence with the western line of the unopened right of way in a northerly direction 30 feet, more or less, to the northwest corner of the unopened right of way, said point also being the southeast corner of an unopened portion of A Street; thence with the southern right of way of the unopened portion of A street in a northwesterly direction 40 feet, more or less to the southwest corner of the unopened right of way of A Street; thence with the western line of the unopened right of way of A Street in a northeasterly direction 620 feet, more or less, to the southwest corner of the unopened right of way of A Street and 29th Street; thence with the southern right of way of 29th Street in a northwesterly direction 478 feet, more or less, to a point where the southern right of way of 29th Street intersect the existing City Limits; thence crossing 29th Street in a northeasterly direction with the existing City Limits 40 feet, more or less, to the a point where the existing City Limits intersects the northern right of way of 29th Street; thence following the northern right of way of 29th Street in an easterly direction 958 feet, more or less, to the northwest corner of the intersection of 29th Street and Bo Street; thence crossing the intersection in southwesterly direction 44 feet, more or less, to the southwest corner of the intersection of 29th Street and Bo Street, said point being located in the norther line of parcel 1 of Wampler; thence with the northern line of parcel 1 of Wampler in a southeasterly direction 924 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. 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 2” water main along the east side of Buchanan Rd. To better serve future growth on this parcel, a new 2300 LF 6” DI water line must be constructed from the intersection of Buchanan Rd. and 27th p. 558 REGULAR SESSION MARCH 11, 2024 PAGE -558- MINUTE BOOK 31 Street to the intersection of Buchanan Rd. and Rosedale Dr, to create a loop with existing 6” waterlines. The Opinion of Probable Cost is $195,300¹. This work can be completed within 8 years. 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 700 LF of 8” gravity sewer main is required to be constructed. The new sewer main would begin at the existing sewer manhole at Holmes Dr. SE and 30th St. SE and extend along an unimproved right-of-way as shown on Plat Book 2, Page 166 to the western property line of the subject property. The Opinion of Probable Cost is $95,700¹. See Figure 2—Sewer Service. C. Fire Protection--- Fire protection is not presently available to this parcel. To provide fire protection to this parcel, fire hydrants are to be installed on the new 6” waterline described above. See Figure 1 – Water Service. SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection Buchanan Road SE (065 $195,300 $95,700 $0 $291,000 040.00 and 044.00) 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. p. 559 REGULAR SESSION MARCH 11, 2024 PAGE -559- MINUTE BOOK 31 4. Electric Service Cleveland Utilities Electric currently has facilities on three sides of the proposed property. Electric service to potential customers should not be an issue. 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. p. 560 REGULAR SESSION MARCH 11, 2024 PAGE -560- MINUTE BOOK 31 b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs, or street striping/painting is needed at this time for the proposed areas. D. Stormwater and Drainage Services Emergency drainage maintenance (i.e., cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e., street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. 6. Schools This annexation will cost Cleveland City Schools approximately $56,642.00 per year and add 58 school age children. 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 FAR in the unincorporated County. The property is proposed for a PUD Planned Unit of Development Zoning District as its post-annexation zoning. C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. p. 561 REGULAR SESSION MARCH 11, 2024 PAGE -561- 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 x residents to the 1st City Council District. 10. Stormwater I. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is billed on the Cleveland Utilities monthly water bill. For additional information or to view the Stormwater Utility Fee Credit and Adjustment Manual please visit our website at www.clevelandtn.gov/stormwater. II. All new developments will need to adhere to the City of Cleveland Stormwater Ordinance. It appears that there may be a stream located on this site. Please review the City of Cleveland stream buffer requirements for any new development. Any modifications to the stream will require an Aquatic Resource Alteration Permit (ARAP). This permit is issued by the Tennessee Department of Environment and Conservation. III. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. Revenue Total revenue generated by this annexation is approximately $79,425 per year Councilwoman McKenzie moved that Resolution 2024-24 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: b. Resolution 2024-25 - Concerning a request by Ryan Wampler for consideration of a resolution to annex about 17.5 acres, more or less, of property located at Buchanan Road and includes Tax Map 065 Parcels 040.00 and 044.00 (Planning Commission: Approved 7-1; 1 recused). RESOLUTION 2024-25 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 BUCHANAN ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and p. 562 REGULAR SESSION MARCH 11, 2024 PAGE -562- MINUTE BOOK 31 WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on March 11,2024. NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A.That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: Beginning at an iron pin located at the northeast corner of the lands of Ryan and Emily Wampler parcel 1, as recorded in BCRD deed book 2992 page 50, said point being located in the western right of way of Buchanan Road; thence with the eastern line of the lands of Wampler south 8 degrees 40 minutes west, 297.16 feet to a point, thence south 10 degrees 9 minutes west, 121.75 feet to a point; thence south 12 degrees 15 minutes west, 66.06 feet to a point; thence south 18 degrees 13 minutes west, 33.55 feet to appoint; thence south 23 degrees 34 minutes west, 40.14 feet to a point; thence south 28 degrees 7 minutes west, 56.74 feet to an iron pin, said point being the southeast corner of the lands of Wampler and the northeast corner of an unopened right of way; thence crossing the unopened right of way with western right of way of Buchanan Road 30 feet, more or less, to the southwest corner of Buchanan Road and the unopened right of way; thence with the southern edge of the unopened right of way in a northwesterly direction 708 feet, more or less, to the northeast corner of parcel 2 of the lands of Wampler; thence with the lands of Wampler south 26 degrees 53 minutes west, 145 feet, more or less, to the southwest corner of parcel 2 of Wampler; thence with the western line of parcel 2 of the lands of Wampler in a northeasterly direction 206 feet, more or less, to the northwest corner of parcel 2 of Wampler, said corner also being located in the southern line of the unopened right of way; thence following the southern line of the unopened right of way in an westerly direction 289 feet, more or less, to the southwestern corner of the unopened right of way; thence with the western line of the unopened right of way in a northerly direction 30 feet, more or less, to the northwest corner of the unopened right of way, said point also being the southeast corner of an unopened portion of A Street; thence with the southern right of way of the unopened portion of A street in a northwesterly direction 40 feet, more or less to the southwest corner of the unopened right of way of A Street; thence with the western line of the unopened right of way of A Street in a northeasterly direction 620 feet, more or less, to the southwest corner of the unopened right of way of A Street and 29th Street; thence with the southern right of way of 29th Street in a northwesterly direction 478 feet, more or less, to a point where the southern right of way of 29th Street intersect the existing City Limits; thence crossing 29th Street in a p. 563 REGULAR SESSION MARCH 11, 2024 PAGE -563- MINUTE BOOK 31 northeasterly direction with the existing City Limits 40 feet, more or less, to the a point where the existing City Limits intersects the northern right of way of 29th Street; thence following the northern right of way of 29th Street in an easterly direction 958 feet, more or less, to the northwest corner of the intersection of 29th Street and Bo Street; thence crossing the intersection in southwesterly direction 44 feet, more or less, to the southwest corner of the intersection of 29th Street and Bo Street, said point being located in the norther line of parcel 1 of Wampler; thence with the northern line of parcel 1 of Wampler in a southeasterly direction 924 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. [on file in the City Clerk’s Office,] 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 2024-25 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: c. Zoning Ordinance 2024-11 – Concerning a request by Ryan Wampler for consideration of an ordinance to zone about 17.5 acres, more or less, of property located at Buchanan Road from FAR/Unincorporated County to PUD 50 Planned Unit Development and includes Tax Map 065 Parcels 040.00 and 044.00 (Planning Commission: Approved 7-1; 1 recused). Ordinance 2024-11 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO ESTABLISH A PLANNED UNIT DEVELOPMENT (PUD) TO BE KNOWN AS BUCHANAN ROAD “PUD 50” ON PROPERTY DESCRIBED AS TAX PARCEL 065 044.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 50; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING LISTS OF PERMITTED USES AND PROHIBITED USES; ESTABLISHING DEVELOPMENT STANDARDS AND p. 564 REGULAR SESSION MARCH 11, 2024 PAGE -564- MINUTE BOOK 31 PROCESSES AND RELATED REQUIREMENTS; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; PROVIDING FOR ERRORS AND OMISSIONS AND POSSIBLE FUTURE REVISIONS TO THE PUD; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE WHEREAS the City of Cleveland, Tennessee, hereinafter “City”, desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter “PUD”, process as an alternative development standard whereby to accomplish such development; and whereas it is intended that the developers of the property or any subsequent owners, shall hereinafter be referred to as “Developers” and; and whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED: Section 1. ZONING PLAN AND MAP AMENDMENT. The zoning plan and map are hereby amended so as to zone the property described in Section 3 herein as “PUD 50” subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 50 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 50 district are those outlined in this ordinance, including requirements for plan approval, and compliance with applicable permitting requirements. Section 2. VIOLATIONS UNLAWFUL AND SUBJECT TO PENALTIES. Any development or use of the property described herein in a manner contrary to the terms of this ordinance is a zoning violation and is unlawful, subject to the penalties prescribed by the Cleveland Municipal Code and the laws of Tennessee. Section 3. PROPERTY DESCRIPTION. PUD 50, Buchanan Road (name may be revised during the plating process with approval of the Cleveland Municipal Planning) includes property generally identified as a portion of Tax Map 050 Parcels 058.00. Exhibit B illustrates the overall Buchanan Road Conceptual Plan for the subject property. Section 4. GENERAL PROJECT DESCRIPTION AND DEVELOPMENT DENSITY. This section is intended to provide a general description of the Buchanan Road Residential PUD. The project consists of townhomes, detached single family homes, and a clubhouse with a central amenity area. Exhibits B shows the general location of proposed infrastructure and common areas. In terms of total allowable density, the project shall not exceed 90 total units. The common open space designed within the development may include any permanent retention or detention pond areas or landscaped common area. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 50 Subdivision allows for the construction of up to 90 residential units without amending this ordinance. Single family detached dwellings are permitted. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 50 that would further restrict the allowable uses within a particular part of the development or from excluding a particular use from the development altogether through the operation of private restrictions or covenants. The location of particular residential uses within the Buchanan Road development will comport with the descriptions of the constituent parts of the development which are conceptually described within Exhibit B unless modified by agreement of the Cleveland p. 565 REGULAR SESSION MARCH 11, 2024 PAGE -565- MINUTE BOOK 31 Municipal Planning Commission. Home occupations permitted in Cleveland’s zoning ordinance are allowed unless prohibited by the Developer. There are no conditional uses within the PUD 50 district. Uses other than those described as permitted or allowed herein are prohibited. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibits B) for PUD50, Buchanan Road was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on February 20, 2024. The conceptual plan consists of a site plan for the overall development. However, additional drawings, documents, and permits routinely required for a subdivision are expected for review and approval prior to construction. All development within PUD50 must be consistent with this Conceptual Plan with regard to development standards and general layout unless subsequently modified by agreement of the Cleveland Municipal Planning Commission. Additional plans, plats, and other development-related documents and permits will be necessary to carry out the construction of this project. It is recognized that the plats and site plans for the Buchanan Road may ultimately reflect some alteration in the conceptual plan such as the exact location of each specific feature within the development. Other variations may include the width or alignment of streets, or the precise placement of buildings, but these will be generally consistent with the conceptual plan, mutually consistent with one another, and not violate any features of this ordinance as these relate to adjoining properties and infrastructure (e.g. external intersection locations and traffic improvements, buffers with external properties, etc.). 6.B. PLATS. One or more plats will be prepared for the PUD50 property by the Developer for approval in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will describe and dedicate public streets and any other public properties; identify lots; and identify easements that are necessary for various purposes within the development such as utilities, access, maintenance, and conservation, etc. These plats shall be consistent in general layout with the conceptual site plan. 6.C. PRIVATE DEVELOPMENT DOCUMENTS. The Developer shall prepare and implement such master covenants, restrictions, condominium association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 50 as envisioned herein. It is a requirement of this ordinance that such documents are in place and enforced by the Developer (or Developer’s heirs, successors, or assigns) to the extent necessary for PUD 50 to function as described herein. The City of Cleveland assumes no responsibility to review these documents, or to determine their adequacy to these purposes, or to enforce any of their provisions, or to otherwise be a party to them. Section 7. DEVELOPMENT STANDARDS The development standards for PUD50 shall be those established in this ordinance or incorporated herein. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R2 zone from the City of Cleveland’s zoning regulations and townhouse regulations from the subdivision ordinance. Requirements of the City’s adopted building codes, fire codes, stormwater regulations and other ordinances affecting the development, use, and maintenance of property shall apply. Single Family Detached Lots: p. 566 REGULAR SESSION MARCH 11, 2024 PAGE -566- MINUTE BOOK 31 Setbacks: Front: 25’ Side: 5’ Rear: 15’ Min Lot Width: 50’ Storage sheds and similar accessory structures, if allowed by the Development restrictions, shall be limited to yard areas behind the primary structure and are not to encroach within five feet of any property line. Covered porches, sunrooms, and other covered additions to the primary structure, if allowed by the development restrictions, are to maintain the required setbacks for the primary structure. Open patios and decks may extend to within 10 feet of a rear property line. The guidelines for approval of a minor encroachment as established within the Cleveland Zoning Ordinance may be utilized to establish variations in setbacks subsequent to any Planning Commission approvals. Section 7.B Sidewalks, Common Area, & Amenities 1. Sidewalks shall be provided on one side of all new streets 2. The community open space shall be a usable yet natural area. Community open space shall be provided in various areas as delineated on the proposed site plan. 3. A centralized cluster mailbox unit shall be provided, if required by the United States Postal service, and shall include a minimum of four off-street parking spaces. 4. A bus stop shelter shall be placed in cooperation with Cleveland City Schools. 7.C Miscellaneous Standards 1. The exterior front façades of all structures shall comprise brick, stone, wood, composite, or fiber cement board materials (no vinyl siding on primary/front elevation except for accents such as soffits & fascia). All other elevations may include Vinyl Siding. All foundations shall be brick or stone. 2. Residential buildings must incorporate a variety of building elements and treatments for single family detached and townhome style housing. Structures must include articulation, changes in materials or texture, windows, or other architectural features. 3. A minimum of two off-street parking spaces per dwelling unit is required. 4. A two-inch caliper hardwood shade tree which is determined acceptable to the City’s Urban Forester shall be installed in the front yard. 5. Attempts shall be made to preserve existing trees along the perimeter of the development and along any stream buffers, however, the city tree preservation requirements are not otherwise applicable. No buffers are required internally to the PUD area. 6. All utilities shall be placed outside of the street except for required crossings, any crossing shall be approved by the City. Section 8. COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS. The Developer, and its assigns or successors in title, is responsible for obtaining all federal, state, and local permits required for the construction of the proposed PUD50 Buchanan Road. The Developer and its assigns or successors in title shall carry out the construction on the project site in compliance with all applicable ordinances of the City of Cleveland, Tennessee, and also in compliance with applicable federal and state laws. Buildings shall be designed and constructed in accordance with adopted building codes p. 567 REGULAR SESSION MARCH 11, 2024 PAGE -567- MINUTE BOOK 31 and shall not be occupied until final inspections are complete and certificates of occupancy have been issued (permission for limited use of building after substantial completion by the City’s Building Official). Failure to develop, use, or maintain the subject property other than in conformity with all of the requirements of this ordinance is unlawful and shall be deemed a violation of the City’s zoning ordinance and a nuisance subject to the penalties described in the zoning ordinance and any increased fine as may be allowed by state law. Section 9. ERRORS, OMISSIONS, AND POSSIBLE FUTURE REVISIONS TO THE PUD. This ordinance may be amended from time to time as necessary after review by the Planning Commission and approval by the City Council subsequent to a public hearing. Where this ordinance contemplates the future approval of a site plan or the future approval of a plat by the Cleveland Municipal Planning Commission, and where this ordinance contemplates the future refinement of plans to conform with permitting requirements or conditions of approval necessitated by staff review, and where the Developer and the City of Cleveland may enter into future agreements regarding possible public facilities, infrastructure, and/or services within PUD50, an amendment to this ordinance is not required to implement such detailed block plan, site plan, plat, refinement to plans necessitated by permitting or review requirements, or agreement pertaining to public facilities, infrastructure, or services. If the overall development layout differs greater than 20% from the site plan shown in exhibit B then a revised conceptual plan must be reviewed by the Cleveland Municipal Planning Commission. Section 10. BINDING UPON OTHERS. This ordinance is a law and not a contract, and as such it is generally binding upon all development and use of property in the PUD50 zoning district and is binding upon City’s regulation of these activities in this location. Moreover, it shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term “Developer” is intended to encompass the current owner or any heirs, assigns, or successors in title, or any owners of record of the subject property as of the effective date of this ordinance and their heirs, assigns, or successors in title. The term “Developer” is also intended to include any holding company or other entity established for the ongoing operation and maintenance of the development of the subject property including, but not limited to, common areas, joint use or joint access areas, and undeveloped portions of the property that are intended for development. Section 11. CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Where this ordinance is in conflict with existing ordinances with respect to the development of this property the terms of this ordinance shall prevail unless stated otherwise herein. In the event that any portion of this ordinance is determined to be invalid by any court of competent jurisdiction, the remaining portions of this ordinance shall remain in full force and effect. This ordinance shall take effect upon after passage and upon the execution of the development order as described above, the public convenience and necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 568 REGULAR SESSION MARCH 11, 2024 PAGE -568- MINUTE BOOK 31 Exhibit B Conceptual Plan Couniclwoman McKenzie moved that Zoning Ordinance 2024-11 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 569 REGULAR SESSION MARCH 11, 2024 PAGE -569- MINUTE BOOK 31 Interim City School Director Kelly Kiser presented the following Resolution to the City Council concerning opposition to the concept of school system consolidation in Bradley County. p. 570 REGULAR SESSION MARCH 11, 2024 PAGE -570- MINUTE BOOK 31 Councilman Cassada then moved to support this resolution and to express opposition to consolidation of the school system with Bradley County. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman Hughes moved to appoint Councilman Tom Cassada to the Board of Zoning Appeals to fill the unexpired term of Ed Brown. The motion was seconded by Councilwoman McKenzie; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: a. The July 8 City Council Meeting will be cancelled. b. The next City Council meeting will be held on Monday, March 25, 2024. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 4:11 p.m. _________________________________ _________________________________ Mayor City Clerk

Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, March 11, 2024 2:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 2. CITY MANAGER REPORT a. Downtown Improvement Grant Awards b. Update on City Hall & Cherokee Hall c. Discussion on Cherokee Chieftain d. Mayor’s Tree Initiative e. Recognize 32 years of Tree City USA Award f. Sharp Park Design Review g. Amendments to Growth Plan 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman Hughes b. Councilman Webb c. Vice Mayor Johnson d. Councilwoman McKenzie e. Councilman Estes f. Councilman Cassada g. Councilman May 5. ANNOUNCEMENTS 6. ADJOURNMENT City Council 190 Church St., NE Cleveland, TN 37311 Regular Session www.clevelandtn.gov Agenda Monday, March 11, 2024 3:00 PM Municipal Building 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION 4. WAIVE READING OF MINUTES a. Regular Session – February 26, 2024 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Proclamation – 2023 American Cancer Society Relay for Life (Councilman Webb) 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning a request by Ryan Wampler for consideration of a Plan of Service, a resolution to annex, and an ordinance to zone about 17.5 acres, more or less, of property located at Buchanan Road from FAR/Unincorporated County to PUD 50 Planned Unit Development and includes Tax Map 065 Parcels 040.00 and 044.00 (Planning Commission: Approved 7-1; 1 recused) (p. 2-4). b. Public Hearing – To hear public comments pertaining to the 2024 Brownfield Redevelopment Area Grant project (p. 5-6). 7. CONSENT AGENDA a. Contract Extension – Laundry & Dry Cleaning Services one-year contract extension with Champion Cleaners (p. 7). b. Resolution 2024-26 - Authorizing the City to purchase equipment for the Public Works Landscaping Division through the Master Intergovernmental Cooperative Purchasing Agreement #082923-DAC between Deere & Company and Sourcewell (p. 8-15). c. Motion – Staff to proceed with preservation of the Cherokee Chieftain (p. 16). d. Resolution 2024-27 – Authorizing the Mayor to sign an agreement with Locality Media, Inc dba First Due for software to be used by the Cleveland Fire Department (p. 17-29). 8. UNFINISHED BUSINESS a. Discussion and potential modification to the Facility Use Agreement with Cleveland City Schools (p. 30-34). 9. REPORTS OF COUNCIL MEMBERS a. Councilman Hughes b. Councilman Webb c. Vice Mayor Johnson d. Councilwoman McKenzie e. Councilman Estes f. Councilman Cassada g. Councilman May 10. NEW BUSINESS AND ORDINANCES a. Resolution 2024-24 - Concerning a request by Ryan Wampler for consideration of a Plan of Service for about 17.5 acres, more or less, of property located at Buchanan Road and includes Tax Map 065 Parcels 040.00 and 044.00 (Planning Commission: Approved 7-1; 1 recused) (p. 35-45). b. Resolution 2024-25 - Concerning a request by Ryan Wampler for consideration of a resolution to annex about 17.5 acres, more or less, of property located at Buchanan Road and includes Tax Map 065 Parcels 040.00 and 044.00 (Planning Commission: Approved 7-1; 1 recused) (p. 46-56). c. Zoning Ordinance 2024-11 – Concerning a request by Ryan Wampler for consideration of an ordinance to zone about 17.5 acres, more or less, of property located at Buchanan Road from FAR/Unincorporated County to PUD 50 Planned Unit Development and includes Tax Map 065 Parcels 040.00 and 044.00 (Planning Commission: Approved 7-1; 1 recused) (p. 57-64). 11. ANNOUNCEMENTS a. The July 8 City Council Meeting will be cancelled. b. The next City Council meeting will be held on Monday, March 25, 2024. 12. ADJOURNMENT

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