Cleveland City Council

p. 172 REGULAR SESSION JULY 9, 2018 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JULY 9, 2018 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Vice Mayor Avery Johnson, Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball; Christy Brandon, Support Services Manager; Tommy Myers, Public Works Director; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Kris Miller, IT Director; Executive Secretary Beverley Lindsey; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Safety and Wellness; Bethany McCoy with Lee University; Brian Moran, Social Media; Ken Webb; Duane Schriver; Craig Mullinax, Tim Henderson and Tad Bacon with Cleveland Utilities; Chrissy Pugh; Alisha Fox and Bill Seymour with Cleveland State Community College; Linda Cash and Kyle Page with Bradley County School System; Dawn Robinson and Hal Taylor with Cleveland City Schools; Nicholas Lillios; Amy Card-Lillios; Doug Berry and Gary Farlow with the Chamber of Commerce; Pam Edgemon and Carl Lansden. Following the Pledge of Allegiance to the American Flag and prayer by Crissy Pugh, Director of Family Cornerstone Ministries, 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 June 25, 2018 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Chief Harrison introduced Pete Van Dusen who has been appointed Deputy Chief. Deputy Chief Van Dusen has been with the Cleveland Fire Department 20 years and brings a tremendous work ethic to the department. Marie Menier addressed the City Council concerning public transportation in the community. She stated sometimes the buses are late and not reliable for those that depend on transportation to school or work. Also, on the weekends the schedule should be extended. Citizens in the community use the public transportation and it needs to be reliable. Mayor Rowland stated he will relay her concerns to SETHRA at the next MPO meeting. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request from JTR Properties, LLC to rezone 1.97 acres located at 717 South Lee Hwy and 919 Beard Circle SW (Tax Map 057C Group B Parcel 020.00 from R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. Mr. Fivas gave an update on the Candy’s Creek Cherokee Elementary School bond. The date of sale is July 11, 2018 and the latest rates have no changes from previously reported. No further Council action is required and since all resolutions have been approved and the Mayor will sign the necessary documents on July 11. p. 173 REGULAR SESSION JULY 9, 2018 PAGE -173- MINUTE BOOK 29 Mr. Fivas then asked the Council to consider changing the motion from the last meeting extending the banking services 9-12 months, to get through the holidays and give staff a little more time to transfer things over if we change providers. It would also give flexibility on when is the right time to go to bid and we would get it done well before next July. Councilman May moved to extend the current banking service contract from six months to twelve months. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Zoning Ordinance No: 2018-18 – heretofore passed on first reading June 25, 2018 and found in Minute Book 29, Page 159; rezoning 6.3 acres, more or less, located on 11th St NE from (Tax Map 49L Group U Parcel 5.00 and Tax Map 49M Group J Parcel 5.00) from R5 High Rise Residential Zoning District and R3 Multi-Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2018-19 – heretofore passed on first reading June 25, 2018 and found in Minute Book 29, Page 160; rezoning .34 acres, more or less, located at 3920 North Ocoee St (Tax Map 42G Group D Parcel 28.00) R1 Single-family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved 9-0; subject to letter of opinion from George McCoin). • Final Passage - Zoning Ordinance No: 2018-21 – heretofore passed on first reading June 25, 2018 and found in Minute Book 29, Page 163; rezoning 3.2 acres, more or less, located at 209 Sunset Dr (Tax Map 42P Group J Parcels 5.00) from R2 Low Density Single and Multi-Family Residential Zoning District to Planned Unit Development (PUD19) (Planning Commission: Approved 8-0; 1 member absent). • Final Passage - Ordinance No: 2018-22 – heretofore passed on first reading June 25, 2018 and found in Minute Book 29, Page 168; amending Section 2.12.2 and Table 1 of the Zoning Ordinance to create provisions which allow for automobile sales within as a conditional use within the CBD Central Business Zoning District (Planning Commission: Approved 9-0). • Resolution No: 2018-69 – Authorizing participation in the U.S. Communities Government Purchasing Alliance. RESOLUTION NO: 2018-69 A RESOLUTION AUTHORIZING PARTICIPATION BY THE CITY OF CLEVELAND IN THE U. S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE WHEREAS, the City of Cleveland wishes to conserve resources and reduce the costs of procuring necessary equipment, supplies and services; and WHEREAS, the U. S. Communities Government Purchasing Alliance has been formed and supported by the National League of Cities, the U. S. Conference of Mayors, and other public interest groups to obtain the best prices on equipment, supplies, and services for its participating jurisdictions; and WHEREAS, the U. S. Communities Government Purchasing Alliance shares the City of Cleveland's desire to improve the efficiency, effectiveness and economy of the procurement of necessary products; and WHEREAS, the bidding and purchasing procedures used by the Lead Public Agencies of the U. S. Communities Government Purchasing Alliance, which are the local jurisdictions actually bidding and securing the program’s purchased goods and services, comply in every respect with p. 174 REGULAR SESSION JULY 9, 2018 PAGE -174- MINUTE BOOK 29 the purchasing requirements of Tennessee Code Annotated and the Charter and Ordinances of the City of Cleveland; and WHEREAS, the Tennessee Interlocal Cooperation Act (T.C.A. 12-9-101 through 12-9-109) authorizes the City of Cleveland to jointly exercise its purchasing powers with any jurisdiction in any state which also authorizes such interlocal agreements; and WHEREAS, the U. S. Communities Government Purchasing Alliance has existing contracts with national vendors which maintain local offices in or near the City of Cleveland facilitating the City's ability to take advantage of the competitive prices available through said contracts. NOW, THEREFORE, BE IT RESOLVED that the City of Cleveland is authorized to become a Participating Public Agency in the U. S. Communities Government Purchasing Alliance by agreeing to the Master Intergovernmental Purchasing Agreement that is the basis of participation in the organization, subject to continued compliance with all State and City statutes and ordinances, rules and regulations which may apply, as well as compliance with the rules and regulations of the U. S. Communities Government Purchasing Alliance. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman Estes; and upon roll call, the motion to approve the consent agenda was unanimously passed. UNFINISHED BUSINESS • Bid Report – Signage for Exit 25; if design submitted meets the approval of the City Council the recommendation is to accept the low bid from Ortwein Signs with a bid of $34,900.00. p. 175 REGULAR SESSION JULY 9, 2018 PAGE -175- MINUTE BOOK 29 Councilman Banks moved to approve the bid report for the low bidder Ortwein Signs. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 176 REGULAR SESSION JULY 9, 2018 PAGE -176- MINUTE BOOK 29 The following Ordinance was then presented in full: • Ordinance No: 2018-20 - To consider a contraction of the municipal boundaries from a portion of a piece of property (Map 42 Parcel 41.09) located at 1475 Stuart Rd NE (Planning Commission: Approved 6-3). ORDINANCE NO: 2018-20 AN ORDINANCE CONTRACTING THE CITY OF CLEVELAND, TENNESSEE WHEREAS, Tennessee Code Annotated 6-51-201 (b) (1) provides that any incorporated city or town may after notice and public hearing, contract its limits within any given territory upon its own initiative by ordinance when it appears in the best interest of the affected territory; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, as follows: Section 1. The territory, currently a part of the City of Cleveland shown on the attached map and further described below is hereby deleted from the City of Cleveland: Any area located within the boundaries of tax map 42 parcel 41.09 also described as lot 1 of Higgins Stuart Rd Property as shown in Plat Book 34 Page 66 in the Bradley County Register of Deeds Office. Section 2. This ordinance shall become effective upon passage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Mayor Rowland stated Ordinance No: 2018-20 dies for a lack of a motion. p. 177 REGULAR SESSION JULY 9, 2018 PAGE -177- MINUTE BOOK 29 REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland asked Chief Gibson how AT&T phone service was working with the new emergency service option. Chief Gibson stated yes, it’s First Net system and basically in a major event, or when people are using a lot of data, it allows First Responders phones at full data power so you don’t lose service during an emergency. We are still working out bugs and AT&T is still improving their towers and cell service as we move along. Councilman Cassada asked city staff to make a recommendation on how to improve the intersection on Paul Huff Parkway at the entrance to Target complex to make it safer for all residents. Councilman Hughes thanked Dr. Cash concerning the PIE project and their successful work. Secondly, he received a call from Dan Bowels who lives in Benjamin Crest who has concerns about the retention pond in front of the Wendy’s located on Paul Huff and Frontage Road, which doesn’t have a fence. Mr. Jobe stated a chain-link fence was originally on the plans, but it didn’t meet guidelines and our ordinances don’t address it because it is up to the individual due to insurance regulations. Councilman Hughes thanked Mr. Fivas on his project updates. He continued that previously he commented we should have a first class recreation complex and what staff has done by updating all the playgrounds, we are well on our way. Mr. Fivas stated yes, we felt we should take care of our existing things first before adding new stuff. We will have a plan at the next meeting on where we need to be in five to ten years concerning sports tourism. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution No: 2018-68 – Authorizing the contribution in the amount of $250,000 to Cleveland State Community College. RESOLUTION NO. 2018-68 RESOLUTION AUTHORIZING CONTRIBUTIONS FROM THE CITY OF CLEVELAND TOTALING TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO CLEVELAND STATE COMMUNITY COLLEGE (HEREINAFTER "CCSC") FOR PURPOSES OF CSCC SECURING THE TEN PERCENT MATCHING FUNDS REQUIRED TO OBTAIN TWENTY-FIVE MILLION DOLLARS ($25,000,000.00) IN STATE FUNDING FOR PROPOSED CAPITAL PROJECTS WHEREAS, the State of Tennessee has budgeted for twenty-five million dollars ($25,000,000.00) to be allocated in the 2018-19 state budget for capital projects at CSCC; and WHEREAS, the proposed capital projects include funding for a new Health & Sciences Building and renovation of the Mary T. Barker Humanities Building; and WHEREAS, in order to gain access to said proposed state funding allocated for these capital projects, CSCC must provide a ten (10) percent match of funds totaling $2.5 million dollars. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee, meeting in regular session on this 9th day of July, 2018, at Cleveland, Tennessee, that: p. 178 REGULAR SESSION JULY 9, 2018 PAGE -178- MINUTE BOOK 29 SECTION 1. The City of Cleveland commits to allocating funds to CSCC totaling Two Hundred Fifty Thousand Dollars ($250,000.00) over a three (3) year period. SECTION 2. The City of Cleveland will provide funding in the amount of eighty thousand dollars ($80,000) to CSCC on July 1, 2019; eighty thousand dollars ($80,000.00) to CSCC on July 1, 2020; and ninety thousand dollars ($90,000.00) to CSCC on July 1, 2021. SECTION 3. The City of Cleveland shall not provide any funding to CSCC until all funding of the total twenty-five million dollars ($25,000,000.00) is granted by the state and all funds from the City of Cleveland shall be used for only for matching funds for these capital projects. SECTION 4. The City of Cleveland match funds shall be used only for public infrastructure improvements that are directly related to the construction of the new Health & Sciences Building. These funds shall be used for public curb and gutter to control public stormwater, public drainage infrastructure that will benefit the public, any stormwater design costs, and any required stormwater retention or detention system for building and required parking lots. SECTION 5. CSCC shall also dedicate with a plaque within the new Health & Science Building a public room, area, or space for the City of Cleveland or representative of the City of Cleveland that honors this investment into this new building. SECTION 6. CSCC agrees to allow a member of the Cleveland City Council chosen by the City Council to be appointed to the CSCC advisory board overseeing the capital projects. SECTION 7. This Resolution shall be subject to and contingent upon available funding. ADOPTED this 9th day of July, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution No: 2018-68 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Councilman May moved to modify the Access to Active Built Environments Grant to move Pickleball Courts from Deer Park to Tinsley Park. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2018-70 – Authorizing the purchase of playground equipment for Deer Park. RESOLUTION NO: 2018-70 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE PLAYGROUND EQUIPMENT TO BE INSTALLED AT DEER PARK THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT #2017001134, AS AMENDED, WHICH IS ADMINISTERED BY U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE FOR CHARLOTTE, NORTH CAROLINA IN p. 179 REGULAR SESSION JULY 9, 2018 PAGE -179- MINUTE BOOK 29 AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY-ONE THOUSAND THREE HUNDRED THIRTY-FOUR AND 47/100 DOLLARS ($ 471,334.47). __________________________________________________________________ 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 playground equipment, surfacing, site furnishings and related products and services between PlayCore Wisconsin, Inc. dba GameTime (“Company”) and Charlotte, North Carolina (“Lead Public Agency”) in cooperation with U.S. Communities Government Purchasing Alliance on behalf of the Lead Public Agency and any Participating Public Agency, which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of playground equipment 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 Master Agreement and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and WHEREAS the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered on-line with U.S. Communities at www.uscommunities.org 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 #2017001134, as amended, held by Charlotte, North Carolina 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 playground equipment to be installed at Deer Park as a participating public agency under MICPA Contract #2017001134, as amended, held by Charlotte, North Carolina as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through the U.S. Communities Government Purchasing Alliance, for a total amount not to exceed $471,334.47 to be used by the Recreation Department for the City of Cleveland and its citizens. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2018-70 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 180 REGULAR SESSION JULY 9, 2018 PAGE -180- MINUTE BOOK 29 The following Ordinance was then presented in full: • Zoning Ordinance No: 2018-23 – Rezoning 1.97 acres located at 717 South Lee Hwy and 919 Beard Circle SW (Tax Map 057C Group B Parcel 020.00 from R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 member absent). Zoning Ordinance No: 2018-23 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District Approximately 1.97 acres, more or less, located at 717 South Lee Hwy and 919 Beard Circle as shown on the attached map and identified as Tax Map 57C Group B Parcel 20.00 and being lots 1 and 2 of JTR Properties Plat by Brown Surveying shown in Exhibit B, being the same property described in a Warranty as recorded in Bradley County Registers Deed Book 2325 pages 401. 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 Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 181 REGULAR SESSION JULY 9, 2018 PAGE -181- MINUTE BOOK 29 Exhibit B Councilman Hughes moved that Zoning Ordinance No: 2018-23 be voted for passage on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2018-24 – Amending Title 15, Chapter 6, Section 15-614 relative to parking restrictions for certain large vehicles and trailers on city streets in residential areas. ORDINANCE NO. 2018-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEVELAND AMENDING TITLE 15 CHAPTER 6, SECTION 15-614 RELATIVE TO PARKING RESTRICTIONS FOR CERTAIN LARGE VEHICLES AND TRAILERS ON CITY STREETS IN RESIDENTIAL AREAS WHEREAS, Title 15, Chapter 6 of the Cleveland Municipal Code sets forth the requirements, restrictions and penalties for parking of vehicles in the City of Cleveland; and WHEREAS, the requirements, restrictions and penalties for parking vehicles are set forth in the Cleveland Municipal Code to ensure the health, safety and welfare of the public; and WHEREAS, the long-term parking of large vehicles and trailers on city streets presents an on-going safety hazard to pedestrians, motorists and cyclists due to limiting sight-distance at driveways and intersections, presenting potential conflicts between vehicles on the roadway and pedestrians, motorists, and cyclists entering or crossing that roadway; and WHEREAS, the parking of large vehicles and trailers on city streets may impede the access of emergency response vehicles; and WHEREAS, members of the City Council have received complaints from residents involving the long- term parking of large vehicles and trailers on city streets; and WHEREAS, large vehicles and trailers, including recreational vehicles, may hold large quantities of gasoline and propane, thus posing a potentially highly volatile fire hazard; and WHEREAS, detached trailers parked on the street constitute a potential safety hazard as they are not required to have an independent braking system; and p. 182 REGULAR SESSION JULY 9, 2018 PAGE -182- MINUTE BOOK 29 WHEREAS, the City Council finds that there are negative aesthetic impacts of large parked vehicles and trailers in residential areas; and WHEREAS, the City Council finds that there is increased noise and noxious gases emitted from parked vehicle generators and engines, and odors emanating from engines and sewage holding tanks in some parked large vehicles and trailers, which can detract from the quality of life of City residents; and WHEREAS, owners of large vehicles and trailers should have the opportunity to have limited use of city streets for short periods of time to accomplish specific purposes; and WHEREAS, the City's current municipal code regulations in Section 15-614 are inadequate to address the impacts created by parking large vehicles and trailers on City streets in residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, IN REGULAR SESSION ASSEMBLED: SECTION 1. Recitals The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct. SECTION 2. Current Section 15-614 of the Cleveland Municipal Code is hereby deleted in its entirety and amended to read as follows: 15-614 Large Vehicle and Trailer Parking Restrictions in Residential Areas 15-614 (a) Definitions. For the purposes of this section the following words or phrases shall be defined as follows: Large Vehicle. “Large Vehicle” shall mean any motor vehicle, or a combination of connected vehicles and/or trailers, that exceeds twenty-five (25) feet in length or eighty (80) inches in width or eighty-two (82) inches in height. Large Vehicle shall also include any truck with three or more axels, or a bus or a van with a capacity of more than fifteen (15) passengers. Large Vehicle shall not mean or include pickup trucks or sport utility vehicles, which are less than twenty-five (25) feet in length and eighty-two (82) inches in height. Out-of-Town Visitor. “Out-of-Town Visitor” shall mean any natural person who does not reside in the City of Cleveland and who is temporarily visiting a resident of the City. Residential Areas. “Residential Areas” shall mean those areas of the City identified as residential zoning districts to include zones R-1, R-2 or R-3. Street. “Street” shall mean any public street, road, or highway within the corporate limits of the City of Cleveland. Trailer. “Trailer” shall mean any trailer, semitrailer, camp trailer (including tent trailers), unmounted camper, trailer coach, or fifth-wheel travel trailer. 15-614 (b) Large Vehicle and Trailer Parking Restrictions. Except as provided in sections 15-614(c) and 15-614 (d) of this code, no person may park or leave standing any large vehicle or trailer upon any street within a residential area of the City of Cleveland between the hours of 9:00 p.m. and 6:00 a.m. p. 183 REGULAR SESSION JULY 9, 2018 PAGE -183- MINUTE BOOK 29 15-614 (c) Exceptions. The prohibitions in section 15-614(b) shall not apply to: A. Any person who has been issued and is in possession of a current valid Oversized Vehicle Parking Permit pursuant to section 15-614(d); B. Any person while actually engaged in the loading or unloading of a large vehicle or trailer but only for a period of time not to exceed 24 hours; C. Any person while actually engaged in using a large vehicle or trailer between the hours of 9:00 p.m. and 6:00 a.m. in providing services to a residential building, including, but not limited to, cleaning services, residential repair services, and residential construction services; or D. Any properly authorized and licensed towing vehicle in the course of providing towing services; E. Any person while actually engaged in making emergency repairs to a large vehicle or trailer which preclude removal to a permitted parking area, but only for a period of time not to exceed 24 hours; F. Any public or private agency emergency response vehicle. 15-614 (d) Oversized Vehicle Parking Permit. An Oversized Vehicle Parking Permit shall be considered valid subject to the requirements and limitations set forth in this subsection. i. Purpose. The purpose of authorizing the issuance of Oversized Vehicle Parking Permits is to allow owners of oversize vehicles and trailers additional time to park their oversize vehicles and trailers on a public street near their residences for the purpose of loading or unloading such large vehicles and trailers, and to allow an out-of-town visitor to park on a street near the residence that the out of-town visitor is visiting for a limited time period. ii. Application. The Applicant shall file with the City Clerk's office a completed City application form providing all of the information requested. The application must include the following information: 1. The license plate number of the large vehicle or trailer; 2. The City of Cleveland residence address where the large vehicle or trailer will be parked or left; 3. Contact information, including a permanent address and phone number, of the City resident where the large vehicle or trailer will be parked or left; 4. The Applicant’s contact information, including permanent address and phone number; 5. The dates for which the permit is sought to be valid. The Applicant and owner of the residence that the large vehicle or trailer will be parked shall attest to the accuracy of the information contained in the permit under penalty of perjury. iii. Issuance. Oversized Vehicle Parking Permits shall be issued on a form approved by the City. The permit shall be issued and valid only for the specified parking use indicated on the permit. The permit must include the following: 1. The license plate number of the large vehicle or trailer; 2. The applicant’s name; 3. The address or location adjacent to which the large vehicle or trailer is approved to park; and 4. The date the permit was issued; 5. The date the permit expires; and 6. The dates that the permit is valid. iv. Display. All permits shall be placed in the lower driver’s side of the windshield of the large vehicle or trailer in a manner that is clearly visible from the exterior. If the large vehicle or trailer does not have a windshield, the Permit must be properly affixed to the outside of the large vehicle or trailer on the left side of the front of the vehicle. Failure to properly display the permit shall constitute a violation of this section. p. 184 REGULAR SESSION JULY 9, 2018 PAGE -184- MINUTE BOOK 29 v. Permitted Parking Location. A vehicle with a current and valid Oversized Vehicle Parking Permit shall only park on the public street immediately adjacent to the address noted on the issued permit and may not park adjacent to any address not indicated on the issued permit. vi. Duration; Expiration. City residents: A City resident may apply for an Oversized Vehicle Parking Permit, which shall be valid for two (2) specified periods not to exceed five (5) consecutive calendar days each, and shall expire at 11:59 p.m. on the expiration date indicated on the permit. After expiration, the Oversized Vehicle Parking Permit shall be invalid. A resident may apply for three (3) permits annually. Out of Town Visitors: Out of Town Visitors may park an oversized vehicle with a City issued parking permit for a period of seven days, with an option for a second seven day period, not to exceed fourteen (14) consecutive days. An out of town visitor may apply for three seven day permits annually. 15-614 (e) Enforcement. Enforcement actions may be taken as follows: A. Parking Violations. Any person who violates any provision of this section shall be subject to all of the enforcement provisions of Title 15, Chapter 7, Sections 15-701 through 15-707 of the Cleveland Municipal Code. In addition, if an oversized vehicle or trailer is left illegally parked or standing on a City street for five (5) consecutive days in violation of this section, the oversized vehicle or trailer is subject to removal under Section 15-705 of the Cleveland Municipal Code. B. Forged, Altered, or Counterfeit Permits. Any person who forges, alters, or counterfeits an Oversized Vehicle Parking Permit, or displays a forged, altered, or counterfeit Oversized Vehicle Parking Permit shall be guilty of a civil offense, and is subject to civil penalty of $50.00 plus court costs. SECTION 3. Severability If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof may be declared invalid or unconstitutional. SECTION 4. Effective Date This ordinance shall take effect on August 1, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Ordinance No: 2018-24 be approved for passage and making it effective August 1, 2018. The motion was seconded by Councilman Banks. Councilman McKenzie asked if the church down the street could still park their church bus across the street in the parking lot. Mayor Rowland stated they can park it on private property just not on a city street. City Attorney John Kimball clarified, as written, this only applies to residential zones. Councilman McKenzie stated we need to stop people from parking on all residential p. 185 REGULAR SESSION JULY 9, 2018 PAGE -185- MINUTE BOOK 29 streets. Mayor Rowland replied if you have a specific street you might want to discuss with Mr. Fivas and Chief Gibson. Upon roll call, the motion unanimously passed. Dr. Seymour thanked the City Council for their contribution and then announced because of it, they have fulfilled its responsibility to match the State to receive the $22.5 million grant for this community. There being no future business the meeting was adjourned at 3:36. _________________________________ ______________________________ Mayor City Clerk