Cleveland City Council

p. 672 REGULAR SESSION NOVEMBER 18, 2019 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, NOVEMBER 18, 2019 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 Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Ken Webb. 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 Melinda Carroll; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Jonathan Jobe, Director of Development and Engineering; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Pettit, Parks and Recreation Director; Fire Chief Ron Harrison; Sue Zius, Assistant to the Mayor/Legislative Liaison; Craig Mullinax, Greg Clark and Tad Bacon with Cleveland Utilities; Hal Taylor with Cleveland City Schools; Sherry Brown; Sharon Marr with Mainstreet Cleveland; Bethany McCoy with Lee University; Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Kay Horner with Awakening America Alliance, 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 October 28, 2019 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS There were no special presentation and public comments. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 27.5 acres located at 2444 Hensley Rd NW and a resolution to adopt a Plan of Service for the annexation area. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 8-0, 1 member absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the annexation and Plan of Service. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the annexation and Plan of Service. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning the zoning of about 27.5 acres located at 2444 Hensley Rd NW from the unincorporated county to R1 Single Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 8-0, 1 member absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the zoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the zoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks announced he is reappointing Jerry Bohannon and Ed Lay to the Cleveland Housing Authority for additional 5-year terms to expire November, 2024. p. 673 REGULAR SESSION NOVEMBER 18, 2019 PAGE -673- MINUTE BOOK 29 CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2019-43 – heretofore passed on first reading October 28, 2019 and found in Minute Book 29, Page 666; zoning about 1.00 acres located at 192 Finnell Rd NW from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 7-0-1-1; 1 recused, 1 member absent). • Final Passage - Ordinance No: 2019-44 – heretofore passed on first reading October 28, 2019 and found in Minute Book 29, Page 668; amending the City Code Title 12, Chapter 10, to delete certain sections pertaining to the Mechanical Code. • Resolution No: 2019-109 – Granting approval to the Board of Public Utilities to institute eminent domain proceedings to acquire an easement. RESOLUTION NO. 2019-109 WHEREAS, the Board of Public Utilities of the City of Cleveland is in the process of installing a 12” Sewer Main from Wildwood Avenue SE to 9th Street (CU Project No. S-7020- X); and WHEREAS, a portion of the 12” Sewer Main crosses the property currently owned by Peter Ivan Bodnariouk, Trustee of the Peter Bodnaruk Irrevocable Trust dated May 24, 2019 (Deed Book 2597, Page 725) (Tax Map 057E, Group B, Parcel 11.00); and WHEREAS, a sewer easement across the referenced parcel is needed for the completion of this sewer line project; and WHEREAS, the property owner has failed to respond to numerous contacts by Cleveland Utilities regarding purchase of this easement; and WHEREAS, pursuant to Section 2-304(b) of the Cleveland Municipal Code, the Board of Public Utilities has the right to exercise the rights of eminent domain, in the name of the City of Cleveland, by and with the consent of the City Council; and WHEREAS, the City Council of the City of Cleveland desires to grant its consent to and approve of eminent domain proceedings against the property owner(s) listed herein by the Board of Public Utilities in order to obtain the easement described herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City Council hereby consents to and grants approval to the Board of Public Utilities to institute eminent domain proceedings against the property owner(s) listed herein in order to acquire the easements described herein. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized to institute eminent domain proceedings in order to acquire the easement described herein. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-110 - Authorizing the Mayor to sign a contract with Southeast Tennessee Development District to prepare and submit the Environmental Review Document for the 5-year Consolidated Plan. p. 674 REGULAR SESSION NOVEMBER 18, 2019 PAGE -674- MINUTE BOOK 29 RESOLUTION NO. 2019-110 WHEREAS, the City has received the attached agreement for NEPA Environmental Review Services between the City and the Southeast Tennessee Development District for the City of Cleveland’s 5-year Consolidated Plan; and WHEREAS, the City Council desires to enter into the attached agreement with the Southeast Tennessee Development District and to further authorize the Mayor to execute this agreement 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 the Southeast Tennessee Development District and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 18th day of November, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-111 – Authorizing the Mayor to sign an agreement with S&ME for professional services to perform a biological stream sampling in connection with the City’s MS4 Stormwater Management Program. RESOLUTION NO. 2019-111 WHEREAS, the City’ stormwater department has determined that it is necessary to obtain professional services to perform biological stream sampling services in connection with the City’s MS4 Stormwater Management Program; and WHEREAS, in connection with said project, the City's stormwater department is recommending that the City enter into the attached professional services agreement with S&ME, Inc. for these services; and WHEREAS, the City Council now desires to accept the attached agreement with S&ME, Inc. for the referenced project, 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 S&ME, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 18th day of November, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 675 REGULAR SESSION NOVEMBER 18, 2019 PAGE -675- MINUTE BOOK 29 • Resolution No: 2019-114 – Authorizing the Mayor to sign a lease agreement with Southeastern Business Machines, Inc., for the lease of a KIP 600K Print, Copy and Scan System to be used by Development and Engineering. RESOLUTION NO. 2019-114 WHEREAS, the City’s Development and Engineering Department has determined that it is necessary to lease a KIP 660K Print, Copy and Scan System to be used by the City’s Development and Engineering Department; and WHEREAS, in connection with said purchase, the City's Development and Engineering Department is recommending that the City enter a lease agreement with Southeastern Business Machines, Inc. for this purchase; and WHEREAS, the lease agreement has been reviewed by the City Attorney and certain changes have been requested to be made by Southeastern Business Machines, Inc.; and WHEREAS, the City Council now desires to approve of the lease agreement with Southeastern Business Machines, Inc. for the referenced equipment, once the lease has been modified to include the requested changes, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland once the changes have been made. 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 a lease agreement with Southeastern Business Machines, Inc. for the referenced equipment, and it further authorizes the Mayor to execute the lease agreement on behalf of the City of Cleveland, once the requested changes have been made. This 18th day of November, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Street Light Recommendation – Phyllis Bradley at 4075 Forest View Drive NW (Cleveland Utilities recommends no additional lighting; meet’s city street lighting guidelines. Upgrade two 175-watt mercury vapor cobra fixtures to 45-watt LED fixtures). • Street Light Recommendation – Dianna Calfee at 1132 Maple Drive NW (Cleveland Utilities recommends no additional lighting; meet’s city street lighting guidelines. Existing 100-watt sodium fixture to be upgraded to 45-watt LED fixture at a cost of $162.83). • Reappointment – Board of Zoning Appeals - Charlotte Peak-Jones for an additional 3- year term to expire November, 2022. The motion to approve the consent agenda was seconded by Councilman Webb; and upon roll call, unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May complimented the 911 Service, Cleveland Fire Department and Ambulance Service who helped him when he had his accident. All the first responders were very courteous and professional. p. 676 REGULAR SESSION NOVEMBER 18, 2019 PAGE -676- MINUTE BOOK 29 Councilman Hughes welcomed Councilman May and glad to see he is recovering well. Councilman Webb asked that additional information be sent out to our citizens making them fully aware of our contract with Life Force (AirMed Care). It is a great benefit for our citizens. Vice Mayor Johnson complimented the Police Department and 911 Services for their work on calls in Cleveland and how they handle the different situations that arise. Councilman Estes thanked staff for their work with the Halloween Block Party and the events downtown. As usual, the streets and security was well handled. Several events will be happening downtown as the Christmas season approaches. Lastly, a lot of good things happening at the Northeast Recreation Center, as well as at Deer Park, which all the parking full. The need for additional sidewalks in the area is great. Several people have mentioned to him they are enjoying the park. Councilman Cassada said he is glad Councilman May is back and doing well. Mayor Brooks announced city offices would be closed on December 23 as well, to give staff three complete days off for the Christmas Holiday. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution No: 2019-112 – Adopting a Plan of Service for the annexation of about 27.5 acres located at 2444 Hensley Rd NW (Planning Commission: Approved 8:0; 1 member absent). RESOLUTION NO: 2019-112 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT 2444 HENSLEY RD ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries by owner consent; and WHEREAS, a Plan of Services for the territory proposed for annexation by owner consent has been reviewed by the Cleveland Municipal Planning Commission; and WHEREAS, the governing body desires to conduct a public hearing on the proposed annexation and plan of services; NOW THEREFORE BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That a public hearing is hereby held at 3:00 pm on November 18, 2019 at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: Beginning at the southeast corner of the lands of Greer, as recorded in the BCROD deed book 1323 page 240, said point lying in the northern ROW of Hensley Rd; thence in a south easterly direction with the northern ROW of Hensley Rd 906.5 feet, more or less, to an iron pin located at the southwest corner of p. 677 REGULAR SESSION NOVEMBER 18, 2019 PAGE -677- MINUTE BOOK 29 lot 1 of the Garner Hensley Road Property Plat, as recorded in BCROD plat book 37 page 5; thence north 16 degrees 0 minutes 14 seconds east, 260.82 feet to an iron pin; thence north 12 degrees 23 minutes 5 seconds east, 200.97 feet to an iron pin; thence south 65 degrees 23 minutes 37 seconds east, 279.06 feet to an iron pin; thence in a northerly direction with the western lines Mooneyham (Book 2407 page 808), Mooneyham (book 2704 page 806), and Bebb ( book 1490 page 513) 843 feet, more or less, to the northwest corner of the lands of Bebb; thence in a northwesterly direction with the southern line of the lands of Tinsely (book 2286 page 795) and Smith (book 2390 page 71), 873 feet, more or less, to the north east corner of the lands of Greer; thence with the lands of Greer in a southerly direction 670.14 feet to a point; thence in a westerly direction with the lands of Greer 217 feet to a point; thence in a southerly direction with the lands of Greer 669.7 feet to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the 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 SEPTEMBER 27, 2019 2444 HENSLEY RD ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 27.5 acres located at 2444 Hensley 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) but not adjoining the existing City limits. The proposed annexation is proposed to occur in 2019. 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 p. 678 REGULAR SESSION NOVEMBER 18, 2019 PAGE -678- MINUTE BOOK 29 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 is currently vacant but is expected to be developed with approximately 112 residential dwellings are anticipated post annexation. The property is described as Tax Map 41 Parcel 55.01. 2444 Hensley Rd NW Legal Description Beginning at the southeast corner of the lands of Greer, as recorded in the BCROD deed book 1323 page 240, said point lying in the northern ROW of Hensley Rd; thence in a south easterly direction with the northern ROW of Hensley Rd 906.5 feet, more or less, to an iron pin located at the southwest corner of lot 1 of the Garner Hensley Road Property Plat, as recorded in BCROD plat book 37 page 5; thence north 16 degrees 0 minutes 14 seconds east, 260.82 feet to an iron pin; thence north 12 degrees 23 minutes 5 seconds east, 200.97 feet to an iron pin; thence south 65 degrees 23 minutes 37 seconds east, 279.06 feet to an iron pin; thence in a northerly direction with the western lines Mooneyham (Book 2407 page 808), Mooneyham (book 2704 page 806), and Bebb ( book 1490 page 513) 843 feet, more or less, to the northwest corner of the lands of Bebb; thence in a northwesterly direction with the southern line of the lands of Tinsely (book 2286 page 795) and Smith (book 2390 page 71), 873 feet, more or less, to the north east corner of the lands of Greer; thence with the lands of Greer in a southerly direction 670.14 feet to a point; thence in a westerly direction with the lands of Greer 217 feet to a point; thence in a southerly direction with the lands of Greer 669.7 feet to the point of beginning. Plan of Services p. 679 REGULAR SESSION NOVEMBER 18, 2019 PAGE -679- MINUTE BOOK 29 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation. There is no additional cost expected from this annexation. 2. Fire Protection The Cleveland Fire Department could provide immediate service to this parcel from our current station (Station 5) on Freewill Rd. Providing service to this parcel would have no budgetary impact on the Fire Department. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water service is available to this parcel via existing 4-inch water mains. B. Sanitary Sewer--- This parcel is not in a drainage area currently served by gravity collection sewers. To provide sewer service to 2444 Hensley Road, a 12-inch and 8-inch gravity sewer mains (exact size to be determined) are proposed to be constructed from the Candies Creek Interceptor. The proposed gravity sewer main would parallel an unnamed tributary to Candies Creek and include approximately 3,800 feet of pipe and approximately 10 easements located outside of the municipal boundary. The proposed gravity sewer main would cross Candies Creek as well as Interstate 75. It is estimated to cost approximately $1,270,000. C. Fire Protection--- The existing water mains in the area are not sufficient to provide fire protection. To provide fire protection to 2444 Hensley Road, an 8-inch water main must be extended along Freewill Road from near 22nd Street. The required length is approximately 3,400 linear feet. One fire hydrant is needed at 2444 Hensley Road. It is estimated to cost approximately $160,000. SUMMARY OF COSTS Location Domestic Sanitary Fire Total Water Sewer Hydrants 2444 Hensley Road $0 $1,270,000 $160,000 $1,430,000 4. Electric Service This property is currently served by Cleveland Utilities Electric Division. No additional costs are anticipated. 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. p. 680 REGULAR SESSION NOVEMBER 18, 2019 PAGE -680- MINUTE BOOK 29 B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs or street striping/painting is needed at this time for the proposed areas. D. Stormwater and Drainage Services No major drainage problems were identified in these areas. 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 neighborhood would have approximately 45 school-age children at a cost to the city of $43,946.55. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential Zoning in the unincorporated County. The property is proposed as R1 Single Family Residential Zoning District as its post-annexation zoning. p. 681 REGULAR SESSION NOVEMBER 18, 2019 PAGE -681- MINUTE BOOK 29 C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 9. Voting Rights and City Elections A. If an eligible voter’s permanent place of residence is located in an annexed area, that voter is automatically eligible to vote in City elections. B. If an eligible voter is in the category of a property rights voter then that voter must register at the Election Commission Office prior to voting in a City election. C. This annexation is expected to add approximately 258 residents to the 3rd City Council District once the site is fully developed. 10. Stormwater a. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is billed on the Cleveland Utilities monthly water bill. The monthly fee will be $1.63. b. All new development will need to adhere to the City of Cleveland Stormwater Ordinance. c. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. Revenue The property currently is vacant with an approximate value of $278,951. At the City’s current tax rate this would result in approximately $1,436.59 in annual property tax. p. 682 REGULAR SESSION NOVEMBER 18, 2019 PAGE -682- MINUTE BOOK 29 The site will be developed with approximately 112 new residential units on the site. With the units realistically estimated at a value of $250,000 each, property tax revenue will increase to approximately $144,200. With the state share appropriation of $115.75 per resident and an estimated 258 residents in the annexation area after being developed, this site would generate approximately $29,863.50. The stormwater fee for each unit will generate approximately $3.25 per month per unit which would result in approximately $4,368 annually. Total revenue generated as a result of this annexation after being developed with 112 residential units would be approximately $178,431.50. Councilman May moved that Resolution No: 2019-112 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2019-113 – Annexing about 27.5 acres located at 2444 Hensley Rd NW (Planning Commission: Approved 8:0; 1 member absent). RESOLUTION NO: 2019-113 A RESOLUTION TO ANNEX CERTAIN TERRITORY UPON WRITTEN CONSENT OF THE OWNERS AND TO INCORPORATE THE SAME WITHIN THE BOUNDARIES OF THE CITY OF CLEVELAND, TENNESSEE 2444 HENSLEY RD NW ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on November 18, 2019. p. 683 REGULAR SESSION NOVEMBER 18, 2019 PAGE -683- MINUTE BOOK 29 NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A.That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: Beginning at the southeast corner of the lands of Greer, as recorded in the BCROD deed book 1323 page 240, said point lying in the northern ROW of Hensley Rd; thence in a south easterly direction with the northern ROW of Hensley Rd 906.5 feet, more or less, to an iron pin located at the southwest corner of lot 1 of the Garner Hensley Road Property Plat, as recorded in BCROD plat book 37 page 5; thence north 16 degrees 0 minutes 14 seconds east, 260.82 feet to an iron pin; thence north 12 degrees 23 minutes 5 seconds east, 200.97 feet to an iron pin; thence south 65 degrees 23 minutes 37 seconds east, 279.06 feet to an iron pin; thence in a northerly direction with the western lines Mooneyham (Book 2407 page 808), Mooneyham (book 2704 page 806), and Bebb ( book 1490 page 513) 843 feet, more or less, to the northwest corner of the lands of Bebb; thence in a northwesterly direction with the southern line of the lands of Tinsely (book 2286 page 795) and Smith (book 2390 page 71), 873 feet, more or less, to the north east corner of the lands of Greer; thence with the lands of Greer in a southerly direction 670.14 feet to a point; thence in a westerly direction with the lands of Greer 217 feet to a point; thence in a southerly direction with the lands of Greer 669.7 feet to the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning for the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Johnson moved that Resolution No: 2019-113 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-45 – Zoning about 27.5 acres located at 2444 Hensley Rd NW from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 8:0; 1 member absent). p. 684 REGULAR SESSION NOVEMBER 18, 2019 PAGE -684- MINUTE BOOK 29 ZONING ORDINANCE NO: 2019-45 AN ORDINANCE TO ZONE THE “2444 HENSLEY RD NW AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 18th day of November 2019 a notice thereof published in the Cleveland Daily Banner on October 25, 2019 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2019-112; and, WHEREAS, this property was annexed by Resolution No: 2019-113; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. 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, zoned from FAR Forestry/Agricultural/Residential Zoning within the unincorporated County to R1 Single Family Residential Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and shall be zoned in accordance with the legal description described in Exhibit “B”, attached hereto and made a part hereof by reference, upon the effective date of this ordinance. Section 3. Be it further ordained that this Ordinance shall take effect immediately on final reading the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B Legal Description Beginning at the southeast corner of the lands of Greer, as recorded in the BCROD deed book 1323 page 240, said point lying in the northern ROW of Hensley Rd; thence in a south easterly direction with the p. 685 REGULAR SESSION NOVEMBER 18, 2019 PAGE -685- MINUTE BOOK 29 northern ROW of Hensley Rd 906.5 feet, more or less, to an iron pin located at the southwest corner of lot 1 of the Garner Hensley Road Property Plat, as recorded in BCROD plat book 37 page 5; thence north 16 degrees 0 minutes 14 seconds east, 260.82 feet to an iron pin; thence north 12 degrees 23 minutes 5 seconds east, 200.97 feet to an iron pin; thence south 65 degrees 23 minutes 37 seconds east, 279.06 feet to an iron pin; thence in a northerly direction with the western lines Mooneyham (Book 2407 page 808), Mooneyham (book 2704 page 806), and Bebb ( book 1490 page 513) 843 feet, more or less, to the northwest corner of the lands of Bebb; thence in a northwesterly direction with the southern line of the lands of Tinsely (book 2286 page 795) and Smith (book 2390 page 71), 873 feet, more or less, to the north east corner of the lands of Greer; thence with the lands of Greer in a southerly direction 670.14 feet to a point; thence in a westerly direction with the lands of Greer 217 feet to a point; thence in a southerly direction with the lands of Greer 669.7 feet to the point of beginning. Councilman Hughes moved that Zoning Ordinance No: 2019-45 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2019-46 – Amending Title 20, Chapter 12, Sections 20-1201 through 20- 1221 concerning Wreckers and Towing Service and new City Policy. ORDINANCE NO: 2019-46 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE BE AMENDED BY REVISING TITLE 20, CHAPTER 12, SECTIONS 20-1201 THROUGH 20-1221, CONCERNING WRECKERS AND TOWING SERVICES NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee: Section 1. That Title 20, Chapter 12, Sections 20-1201 through 20-1221 of the Code of Ordinances of the City of Cleveland, Tennessee, be amended by deleting the current Sections 20-1201 through 20-1221, and replacing those sections with the following: Title 20, Chapter 12. Wreckers and Towing Services Table of Contents Section 20-1201 Purpose Section 20-1202 Scope of Chapter Section 20-1203 Définitions Section 20-1204 Establishment of Wrecker Class System and Criteria for Each Class Section 20-1205 Permit required. Section 20-1206 Application for Permits. Section 20-1207 Application and Investigation Fees, Annual Permit Fees, Annual Wrecker permit fees, expiration date and renewal of permits. Section 20-1208 Investigation of Permit Applicant and Wreckers Section 20-1209 Issuance of Permits. Section 20-1210 Revocation or Suspension of Permit. p. 686 REGULAR SESSION NOVEMBER 18, 2019 PAGE -686- MINUTE BOOK 29 Section 20-1211 Required equipment and standards for all wreckers. Section 20-1212 Required storage facilities and procedures for wreckers. Section 20-1213 Notification(s) given by wrecker permit holders. Section 20-1214 Insurance. Section 20-1215 Statement of charges for wreckers; written notice to vehicle owners and operators; maximum charges for non-consensual tows while operating on rotational call list. Section 20-1216 Additional Rules and Regulations for Wrecker Permit Holders. Section 20-1217 Vehicles to be towed to place designated by owner or operator of vehicle. Section 20-1218 Rotational Call List- Wreckers to go to scene of accident on call of dispatcher or owner/operator only. Section 20-1219 Emergency towing and storage. Section 20-1220 Severability Section 20-1201 Purpose The purpose of this Chapter is to establish rules, regulations, standards and procedures for wrecker operators who elect to apply to the City of Cleveland and receive a permit and who are placed on a rotational call list to remove wrecked, disabled or immobilized vehicles at the request or call of the Cleveland Police Department or other department of the City. Section 20-1202 Scope of Chapter The provisions of this Chapter apply to all towing or wrecker services provided by permit holders within the corporate limits of the City of Cleveland when the wrecker is responding to calls for service while on the rotational call list described in this Chapter. The provisions of this Chapter do not apply to wrecker or towing services provided to the City of Cleveland for the towing of City owned vehicles. Nothing contained in this Chapter is intended to require any wrecker operator who is otherwise lawfully doing business within the City of Cleveland to apply for a permit under the provisions of this Chapter. Application to the City for a permit under this Chapter by a wrecker operator is voluntary. A permit granted to a wrecker company to be placed on the City’s rotational call list is considered a privilege and not a right. No wrecker operator shall be issued a permit and placed on the rotational call list described under this Chapter unless the wrecker operator applies to the City for a permit and agrees to be bound by and comply with the terms and conditions of this Chapter and any rules, policies or procedures established by the Cleveland Police Department. Section 20-1203 Definitions For purposes of this Chapter the following words and phrases shall have the following meanings: (1) “Inside storage”. The storing of a motor vehicle within an enclosed building being used by the wrecker or towing operator as a place of business. (2) “Normal business hours”. The hours from 9:00 a.m. to 5:00 p.m. except Saturdays, Sundays, and the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. p. 687 REGULAR SESSION NOVEMBER 18, 2019 PAGE -687- MINUTE BOOK 29 (3) "Owner's request"- The right of the owner or person in charge of any disabled or inoperative vehicle to request some responsible and reasonable person, gratuitous bailee, or a bailee for hire of his or her choosing to take charge and care of said vehicle. (4) “Outside storage”. The storing of a motor vehicle within a lot or premises being used by the wrecker or towing operator as a place of business, but not inside storage as described above. (5) “Wrecker operator, permit holder or towing operator”. Any person or entity engaged in the business of, or offering the services of, a wrecker or towing service to remove wrecked or disabled vehicles under a rotational call system at the request or call of the City Police Department or any other department of the City, whereby motor vehicles (except those owned by the City of Cleveland) are or may be towed or otherwise removed from one place to another by the use of a motor vehicle adapted to and designed for that purpose. Wrecker operator, permit holder, or towing operator includes all wrecker or towing operators and vehicles permitted by the city under this chapter who qualify to be placed on the rotation call list to respond to requests for towing of vehicles and who are responding under the rotational call list. Section 20-1204 Establishment of Wrecker Class System and Criteria for Each Class Four (4) distinct wrecker classes have been established. Each towing vehicle shall only be listed in one (1) class, and the following criteria must be met for each class for inclusion on the rotational call list: (1) CLASS A. For towing passenger cars, pick-up trucks, small trailers, etc. This classification also includes “wheel lift” type vehicle transporters. (a) The tow truck chassis shall have a minimum manufacturer’s capacity of fourteen thousand pounds (14,000 lbs. GVWR); (b) Individual boom capacity of not less than four (4) tons; (c) Individual power winch pulling capacity of not less than four (4) tons; (d) A minimum of one hundred (100) feet of 3/8 inch, or larger, cable on each drum; (e) Wheel lift capable of picking up a passenger car or pick-up truck; (f) Belt-type cradle tow plate or tow sling to pick up vehicles, and cradle or tow plate to be equipped with safety chain; (g) Dollies are suggested, but not required; and (h) Wheel Lift: wreckers possessing equipment capable of lifting the vehicle by the wheels only, with nothing touching the vehicle body. (i) Wheel lift wreckers shall meet all Class A requirements, excluding the belt-type cradle tow plate or tow sling. (ii) Safety restraint straps (nylon straps with ratchets or the equivalent), shall be provided to secure the towed vehicle’s tires into the wheel lift forks. (2) CLASS B. For towing medium size trucks, trailers, etc. (a) The tow truck chassis shall have a minimum manufacturer’s capacity of twenty-six thousand pounds (26,000 GVWR); p. 688 REGULAR SESSION NOVEMBER 18, 2019 PAGE -688- MINUTE BOOK 29 (b) Boom Specifications: (i) Double boom so constructed as to permit splitting; each boom to operate independently or jointly; individual boom capacity of no less than eight (8) tons and individual power winch pulling capacity of not less than eight (8) tons; or (ii) Single boom with no less than a sixteen (16) ton capacity and a power winch pulling capacity of no less than sixteen (16) tons; (c) Two hundred feet (200'), or more of seven-sixteenths inch (7/16"), or larger, cable on each drum; (d) Cradle tow plate or tow sling to pick up vehicle; cradle of tow plate to be equipped with safety chain. (3) CLASS C. For towing large trucks, road tractors and trailers. (a) The tow truck chassis shall have a minimum manufacturers’ capacity of not less than thirty-five thousand pounds (35,000 GVWR); (b) Boom Specifications: (i) Double boom so constructed as to permit splitting; each boom to operate independently or jointly; individual boom capacity of no less than twelve and one-half (12-1/2) tons; or (ii) Single boom with no less than a twenty-five (25) ton capacity and a power winch pulling capacity of no less than twenty-five (25) tons; (iii) Two hundred feet (200') or more of nine-sixteenths inch (9/16'), or larger, cable on each drum; (c) Air brakes so constructed as to lock wheels automatically upon failure; (d) Only tandem axle trucks with two (2) live drive axles will be accepted as Class C; and (e) An under-reach capable of towing an eighty thousand pound (80,000 lb.) tractor trailer combination. (4) CLASS D. Vehicle transporters designed to tow or carry passenger cars, pick-up trucks, small trailers, etc. This classification includes “car carrier” or “rollback” type vehicle transporters. (a) Car carrier vehicle transporters: (1) The truck chassis shall have minimum manufacturer’s capacity of fourteen thousand pounds (14,000 lbs. GVWR); (2) Lift cylinders: Two (2) with a minimum of three (3) inch bore each; or One (1) with a minimum of five and one-half (5-1/2) inch bore; (3) Individual power winch pulling capacity of not less than four (4) tons; (4) Fifty feet (50') or more of three-eights inch (3/8") or larger cable on winch drum; (5) Two (2) safety chains for securing vehicle to carrier bed; (6) Carrier bed shall be a minimum of sixteen feet (16') in length and a minimum of eighty-four inches (84") in width inside side rails; p. 689 REGULAR SESSION NOVEMBER 18, 2019 PAGE -689- MINUTE BOOK 29 (7) Cab protector, constructed of solid steel or aluminum, that extends to a height of four (4) feet above the floor or to a height at which it blocks the forward movement of the bumper of the vehicle being towed; and (8) Straps with ratcheting capability that provide for the transporting of motorcycles. Section 20-1205 Permit required. No person or entity shall be placed on the rotational call list established under this chapter and engage in the business of, or offer the services of, a wrecker under the terms of this chapter without first applying for and receiving a permit from the City of Cleveland. Each permit holder meeting the requirements of this chapter shall receive one general permit for their wrecker business and a separate permit for each wrecker used by that business according to the class of wrecker set forth in Section 20-1204. Section 20-1206 Application for Permits. (a) Any person or entity desiring to obtain a wrecker permit under this chapter shall file with the Cleveland Police Department an application setting out, among other things, the following: (1) Name and address of the person or entity desiring the permit. (2) The location and full description of all property to be utilized in connection with the business, including tax parcel numbers and zoning of this property. (3) The number of wreckers or towing vehicles owned or available for use by the applicant and a full description of the wreckers sufficient to determine a proper classification under Section 20-1204. (4) A statement that all wreckers are properly equipped for the applicable classification set forth in Section 20-1204 and contain the required equipment set out in Sections 20-1204 and 20-1211, and that all wreckers meet applicable State and Federal regulations. (5) A statement that the wrecker or towing operator will accept responsibility for any and all personal property left in towed or stored vehicles. (6) A statement setting forth and describing available space including inside storage, if available, for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they had been disabled. (7) A statement that the applicant will provide twenty-four (24) hour service, including holidays, and that the applicant will have a qualified operator on duty at all times for each wrecker location permitted hereunder. (8) A statement that the wrecker or towing operator will not release any vehicles impounded by the city without authorization by the police department, that a file will be maintained on all vehicle release forms and that this file will be made available for police inspection upon request. (9) An assurance that the applicant will maintain a minimum of one (1) properly equipped and operable wrecker throughout the year for which application is being made. (10) A Tennessee Bureau of investigation criminal history check will be provided by the wrecker or towing operator for all employees that will be operating a wrecker for the company. (11) A certified driving history from the Tennessee Department of Safety and Homeland Security will be provided by the wrecker or towing operator for all employees that will be operating a wrecker for the company. Section 20-1207 Application and Investigation Fees, Annual Permit Fees, Annual Wrecker permit fees, expiration date and renewal of permits. p. 690 REGULAR SESSION NOVEMBER 18, 2019 PAGE -690- MINUTE BOOK 29 (1) Application and Investigation Fees. (i)New Applicants. Any new applicant for a wrecker permit under this chapter shall be charged an application and investigation fee of two hundred dollars ($200.00) to cover the expense of investigating the new applicant, the place of business, and the wreckers and equipment. However, if a wrecker company is already approved by the State of Tennessee Department of Safety and Homeland Security (Tennessee Highway Patrol), and if all paperwork that is filed with the State is provided by the wrecker company to the Cleveland Police Department, then the inspection and the fee may be waived. (ii)Existing permit holders. Wrecker operators already permitted under this chapter shall not be charged an application or investigation fee unless the permit holder changes their business location. In that event, there shall be a supplemental investigation fee of one hundred dollars ($100.00) paid by the permit holder to cover the cost of the investigation of the new business location. However, if a wrecker company is already approved by the State of Tennessee Department of Safety and Homeland Security (Tennessee Highway Patrol), and if all paperwork that is filed with the State is provided by the wrecker company to the Cleveland Police Department, then the inspection and the fee may be waived. All current permit holders will be required to pay the annual permit and wrecker permit fees established under this section. (2)Annual Permit Fee All current permit holders will be required to pay the annual permit established under this section. All permit holders shall pay an annual permit fee of fifty dollars ($50.00) per wrecker business to cover the cost of the processing and the issuance of an annual permit. (3) Annual Wrecker Permit Fee In addition to the Annual permit fee described above, all permit holders shall pay an annual fee of $50.00 per wrecker permitted under this chapter to cover the cost of the Cleveland Police Department performing an annual inspection of each wrecker permitted under this chapter. However, the annual wrecker permit fee of $50.00 shall be waived for any wrecker that has a current inspection sticker issued by the State of Tennessee Department of Safety and Homeland Security (Tennessee Highway Patrol.) The annual permit fee and the annual wrecker fee(s) shall be paid by the permit holder to the City prior to the issuance of the annual permit and the annual wrecker permit. (4) Expiration date and renewal of permits. All permits shall expire March 31. Applications for renewal shall be filed by February 28th of each year. Late applications for renewal will be considered in due course, but the applicant will not be privileged to operate from March 31 until a renewal is approved. Section 20-1208 Investigation of Permit Applicant and Wreckers The Cleveland Police Department shall investigate each applicant for a wrecker permit under this chapter and the policies, rules, and regulations adopted by the Cleveland Police Department to determine whether or not the applicant has the necessary equipment and facilities to qualify as a wrecker operator under the provisions of this chapter and the police department’s policies, rules, and regulations. Section 20-1209 Issuance of Permits. Every applicant and each wrecker of each permit applicant determined by the Cleveland Police Department to be qualified under this chapter to receive a permit shall be issued a permit by the City. A p. 691 REGULAR SESSION NOVEMBER 18, 2019 PAGE -691- MINUTE BOOK 29 separate permit shall be issued for each wrecker approved by the Cleveland Police Department, which permit shall at all times be kept with each wrecker. Such permit shall have printed thereon the year for which it is valid. Section 20-1210 Revocation or Suspension of Permit. The Chief of Police of the Cleveland Police Department may suspend or revoke the permit of any permit holder or the permit issued to any individual wrecker on any of the following grounds: (1) If a permit was procured by fraudulent conduct or false statement of a material fact or a material fact concerning the applicant which was not disclosed at the time of the application that would have constituted just cause for refusing to issue a permit; or (2) Failure of a wrecker permit holder to have an operable and properly equipped wrecker and qualified operator on duty at all times or to promptly respond to police calls while on call; or (3) A violation of any provision or requirement set forth in this chapter, or the violation of any rule or regulation or policy adopted by the Cleveland Police Department, or the violation of a state or federal statute; (4) If a wrecker does not meet all applicable state and federal regulations or any of the provisions or requirements of this chapter or any rule, policy or regulation of the Cleveland Police Department; or The Chief of Police of the Cleveland Police Department may also suspend or revoke a permit in his discretion for any good cause not otherwise specified herein. A suspension or revocation shall terminate all authority and permission granted by such permit to the permit holder. Any permit holder whose permit is suspended or revoked by the Chief of Police may appeal the decision to a court of competent jurisdiction by common law certiorari as provided in Tennessee Code Annotated 27-8-101. Section 20-1211 Required equipment and standards for all wreckers. In addition to the equipment required under the applicable wrecker classifications set forth in Section 20- 1204, all wreckers shall have and maintain additional equipment and standards as follows: (1) The following additional equipment is required: (a) At least one (1) heavy-duty push broom; (b) Flood lights mounted at a height sufficient to illuminate the scene at night; (c) One (1) shovel; (d) A minimum of one (1) fully charged twenty pound (20 lb.), or two (2) fully charged ten pound (10lb.), fire extinguisher(s) having an Underwriter’s Laboratory rating of four (4) A:B:C: or more. The fire extinguisher(s) must be securely mounted on the towing vehicle; (e) One (1) axe; (f) One (1) set of bolt cutters; (g) One (1) pinch bar, pry bar or crow bar; (h) A minimum of one (1) fifty pound (50 lb.) bag of fluid absorption compound; (i) Three (3) red emergency reflectors. (j) One (1) light bar. The towed vehicle must be capable of displaying all lights on the rear of the vehicle, while in tow. When this is not possible, a light bar must be attached to the rear most vehicle while in tow. The bar must consist of two (2) tail lamps, two (2) stop lamps, and two (2) turn signals. p. 692 REGULAR SESSION NOVEMBER 18, 2019 PAGE -692- MINUTE BOOK 29 All lights on the light bar must be fully operational. (2) The appearance of all wreckers shall be reasonably good with equipment painted. (3) All wreckers shall display the firm's name, address and phone number. Such information shall be painted on or permanently affixed on both sides. Such lettering shall be at least three inches (3”) high. Magnetic signs will not be permitted as a substitute. (4) In accordance with Tennessee Code Annotated 55-8-170 (c), it is the responsibility of the wrecker operator to have equipment for removing glass and other debris from the accident scene and to remove such debris from the highway. The wrecker operator shall be responsible for removing all glass and other debris from the street or highway. Failure to do so may result in suspension or revocation of the wrecker operator’s permit. Section 20-1212 Required storage facilities and procedures for wreckers. Permit holders must provide proper storage facilities and procedures as follows: (1) Permit holders must be equipped to provide an adequate storage lot or building for proper, safe and secure storage of all vehicles towed. (2) The permit holder shall provide a properly zoned (or lawful nonconforming use) fenced lot or building for proper and safe storage. Such lot for storage shall be located on the same property as the wrecker service or in close proximity thereto. If the storage lot is not located on the same property as the wrecker operator’s place of business, the towing company storage facility must be identified with a highly visible sign that has the towing company’s name, address and phone number thereon. (3) A storage lot fence shall be a minimum of six feet (6’) high, constructed of chain-link security fencing, lumber, or other material which will serve as a significant deterrent to unauthorized entry. The fencing shall be equipped with gates capable of being locked, which shall be locked at all times when the storage facility is unattended. There shall be room to store at least ten (10) cars within the fenced lot. Class C operators shall additionally have room to store a minimum of one (1) tractor and trailer within the fenced lot. (4) A wrecker permit holder shall be responsible for storing, safekeeping and preventing vandalism of all towed vehicles and their contents. (5) A wrecker permit holder’s place of business shall be staffed between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding legal holidays. The wrecker permit holder’s storage facility, if not located on the same property as the permit holder’s place of business, shall be readily available for access to customers and members of the Cleveland Police Department between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding legal holidays. (6) Records of the vehicles towed and charges of tows from calls received from the city rotation list shall be maintained for at least two (2) years and shall be open for inspection by the Cleveland Police Department and the owner of any vehicle towed or his agent. (7) The Cleveland Police Department may inspect any wrecker permit holder at any time during normal business hours. (8) All vehicles towed under the rotation call list provided for by this chapter shall be stored inside a building or inside the fenced storage facility described above unless an authorization to do otherwise is obtained from the vehicle's owner. (9) In accordance with any notice provisions applicable to wrecker operators as set out in state law, the wrecker service shall notify the registered owners and lien holders of the location of the stored vehicles and the costs of securing possession of the towed and stored vehicle. The City of Cleveland Police Department is hereby authorized, but is not required to, provide registration information to the wrecker permit holder to assist the permit holder in giving any required notice(s) under state law. Wrecker permit holders may also wish to contact the Bradley County Clerk’s office to obtain registration information on vehicles. p. 693 REGULAR SESSION NOVEMBER 18, 2019 PAGE -693- MINUTE BOOK 29 Section 20-1213 Notification(s) given by wrecker permit holders. State law imposes certain notice requirements on wrecker permit holders. All wrecker permit holders on the rotational call list shall comply with all of these notice provisions. Section 20-1214 Insurance. (1) Each wrecker permit holder assumes the liability for personal injury or property damage resulting from a permit holder’s or their employee’s intentional or negligent act(s) from the time contact is made with any vehicle to be towed. Each wrecker permit holder assumes full liability for all items of value in the towed vehicle. (2) Each wrecker permit holder shall maintain the following policies of insurance according to the minimum limits set forth in this section. Each policy shall be in the name of the wrecker permit holder and shall include coverage for towing and storage. The policy shall be effective for a minimum of a six (6) month period. It is not the intent of the City of Cleveland to limit the wrecker permit holder to the type and amount of insurance required herein. The wrecker permit holder may choose to purchase more or additional coverage than specified herein. The types of coverage and the limits set forth herein are the minimum limits necessary to be eligible to be placed on the City’s rotational call list. (a) Any wrecker service on the rotational call list utilized by the City of Cleveland shall be properly licensed and insured. (b) Insurance must be sufficient to compensate for any loss of or damage to property entrusted to the wrecker company. (c) A certificate of insurance shall be filed with the Cleveland Police Department before a towing company may be placed on the rotational call list. Certificates of insurance must be itemized to indicate the amounts of liability, garage keepers and on-hook coverage. The policy must also disclose all of the towing vehicles that are covered under the policy. (d) For purposes of this section, the following definitions shall apply: (i) Vehicle liability. Insurance that pays for damages due to bodily injury and property damage for others for which the towing company is responsible. (ii) Garage keepers liability. Insurance that protects a garage keeper against liability for damage to vehicles in his/her care, custody or control. (iii) On-hook coverage. Insurance that will normally pay to repair or replace a vehicle that the towing company did not own if it is damaged by a collision, fire, theft, explosion, or vandalism while it is being towed or hauled. (3) Liability coverage must be equal to or greater than the minimum amounts specified in this section. Insurance coverage may be provided in a single policy or separate split policies. Regardless of the type of policy or policies, the total amount of coverage must equal those amounts listed below, per incident. (a) Minimum vehicle liability amounts: (i) Class A and D $300,000 (ii) Class B $500,000 (iii) Class C $750,000 (b) Minimum garage keepers liability policy: (i) Class A and D $75,000 (ii) Class B $150,000 (iii) Class C $200,000 p. 694 REGULAR SESSION NOVEMBER 18, 2019 PAGE -694- MINUTE BOOK 29 (c) Minimum “on-hook” coverage: (i) Class A and D $75,000 (ii) Class B $150,000 (iii) Class C $200,000 (d) Wrecker companies “on-hook” coverage may be included in the garage keepers liability policy. It may also be provided as a separate policy, dependent upon the underwriter. In any event, both garage keeper’s liability and “on-hook” insurance coverage must be carried by the wrecker permit holder. The minimum rates established by this section are in no way intended to limit the amount of coverage deemed appropriate by a wrecker permit holder. (4) Renewal certificates of insurance must be submitted to the Cleveland Police Department thirty (30) days prior to the expiration date of the current certificates of insurance. (5) Wrecker permit holders shall notify the City of Cleveland immediately in writing if a policy is canceled or non-renewed. This written notice shall be sent within forty-eight (48) hours of the time and date that the wrecker permit holder is notified that a policy will be canceled or non-renewed. (6) The wrecker permit holder shall also notify the City of Cleveland in writing of any other changes in insurance coverage (i.e., changing companies, vehicles, etc.). This notice shall be sent at least ten (10) days prior to any change. (7) All wrecker and storage facilities shall be inspected by the Cleveland Police Department and a certificate of insurance filed with the Cleveland Police Department before a wrecker permit holder is placed on the rotational call list. This certificate of insurance shall include an endorsement providing a minimum of thirty (30) working days' notice to the City of Cleveland in the event of a cancellation or non-renewal of a policy. However, if a wrecker company is pre-approved by the State of Tennessee Department of Safety and Homeland Security (Tennessee Highway Patrol), and if all paperwork that is filed with the State is provided by the wrecker company to the Cleveland Police Department, then the inspection may be waived. (8) Violation of any of the above insurance requirements or regulations shall be cause for immediate suspension or removal from the rotational call list. Section 20-1215 Statement of charges for wreckers; written notice to vehicle owners and operators; maximum charges for non-consensual tows while operating on rotational call list. (1) All permit holders and wrecker operators shall be subject to all of the requirements set forth herein as to charges for any call from the police department or the city referred to the wrecker operator under the city’s call rotation system established herein. In addition, all permit holders and wrecker operators shall be subject to disclosure requirements as to charges for any call from the police department or the city referred to the wrecker operator under the city’s call rotation system established herein. (2) Current tow and storage rates shall be posted in a conspicuous place at the wrecker permit holder’s business office. In addition, the wrecker permit holder shall file a copy of the company’s current tow and storage rates with the Cleveland Police Department. (3) A chronological record of towed vehicles and the charges billed as a result of the services provided by a wrecker company pursuant to calls on the rotation call list shall be maintained and available for inspection by the Cleveland Police Department upon request. These records shall be kept by the wrecker company for at least a two (2) year period. (4) All permit holders and wrecker operators shall have statements with the name, address and telephone number of the permit holder’s place of business printed thereon. p. 695 REGULAR SESSION NOVEMBER 18, 2019 PAGE -695- MINUTE BOOK 29 (5) Before towing a disabled vehicle away from a scene, the wrecker operator shall present a statement to the owner or operator of the disabled vehicle or his authorized representative, unless the owner or operator is under arrest or incapacitated. This statement may be prepared on a pre-printed form which shall contain, at a minimum, the following information: (a) The name and address of the owner or operator of the vehicle being towed. (b) The state and license number of the vehicle. (c) Storage rates per day or part thereof. (d) A schedule of charges for towing and all other services that may be provided by the wrecker operator. (e) The name of the wrecker operator. (f) The following language must be contained on the statement: “The charges set forth herein are determined by the wrecker company and not the City of Cleveland.” The statement shall be retained by the permit holder for a period of two (2) years and shall be subject to inspection by the Cleveland Police Department at any time during regular business hours. (6) Storage rates begin twenty-four (24) hours after a vehicle is towed. (7) There will be no charge for “hook-up.” (8) There shall be no charge for normal street or highway cleanup. A normal cleanup includes, but is not limited to, removal of glass, vehicle body parts, vehicle fluids, etc. Cleanups requiring additional/specialized equipment and/or resources, such as diesel spills, Haz-mat, etc., may result in additional charges being levied against the liable party(s) by the towing companies and/or other state or local regulatory or governmental agencies. (9) There shall be no charge for certain types of equipment, e.g., dollies, and fire extinguishers. (10) If the off-loading of cargo is required, each towing company providing these services shall list the names, addresses, and telephone numbers of each person hired to off-load cargo. This list shall be provided to the Cleveland Police Department upon request. (11) Maximum charges for non-consensual tows while operating on rotational call. The following charges are hereby established as the maximum charges for those non-consensual tows made by a wrecker permit holder while the permit holder is operating on the city’s rotational call list. These maximum charges do not apply if the tow is consensual, or if the tow is made while the wrecker is not operating on the city's rotational call list. The maximum charge for non-consensual wrecker services while operating on the City’s rotational call list shall be as follows: A&D Class: The maximum tow rate is $225.00, plus any charges for winching, if applicable. This rate applies regardless of the time of day, or the day of the week. This rate also applies on weekends and holidays. There shall be no separate fuel charge. Winching may be charged only if the vehicle is off the road or is overturned. The maximum winching fee is $75.00 per half hour. Maximum storage rates shall be $35.00 per day for outside storage, and $50.00 per day for inside storage. Administration fees shall only apply after three days. B Class : The maximum tow rate is $350.00 per hour from start to stop. This rate applies regardless of the time of day, or the day of the week. This rate also applies on weekends and holidays. There shall be no separate fuel charge. p. 696 REGULAR SESSION NOVEMBER 18, 2019 PAGE -696- MINUTE BOOK 29 There shall be no separate winching fee. Maximum storage rates shall be $35.00 per day for outside storage, and $50.00 per day for inside storage, except for tractor trailers. For tractor trailers, the maximum storage rates shall be $50 per day for the tractor and $85 per day for the trailer. Administration fees shall only apply after three days. C Class: The maximum tow rate is $650.00 per hour from start to stop. This rate applies regardless of the time of day, or the day of the week. This rate also applies on weekends and holidays. There shall be no separate fuel charge. There shall be no separate winching fee. Maximum storage rates shall be $35.00 per day for outside storage, and $50.00 per day for inside storage, except for tractor trailers. For tractor trailers, the maximum storage rates shall be $50 per day for the tractor and $85 per day for the trailer. Administration fees shall only apply after three days. The maximum charges set forth above for all classes of wreckers do not apply to: Consensual wrecker services provided by a towing company for a private individual or entity that chooses to enter into a private contract with the towing or wrecker company for service. (Owner’s request.) Non-consensual towing from private property that occurs when a private property owner hires or otherwise authorizes a wrecker or towing company to remove a vehicle from that owner’s private property. Any towing or wrecker services provided by a wrecker permit holder when that permit holder is not operating on the City’s rotational call list at the time the wrecker services are provided. Section 20-1216 Additional Rules and Regulations for Wrecker Permit Holders. (1) All operators shall respond to a wreck within a reasonable time after being called, and except for exigent or unusual circumstances a response must be made within thirty (30) minutes after the dispatch request is made to the wrecker operator. If the wrecker is engaged elsewhere or for any reason the wrecker operator cannot reasonably expect to respond within thirty (30) minutes, it shall be the duty of the wrecker operator to so advise the police department and decline to accept the call whereupon the next wrecker operator on rotation shall be called. Class C wreckers and recovery class wreckers shall be granted an additional fifteen (15) minutes to respond to a tow for a large truck, road tractor and trailers. (2) No wrecker operator shall refer or delegate police calls to other wrecker companies. (3) No answering service, paging service or similar service or procedure may be used to forward a call to an owner or employee of the wrecker service between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding legal holidays. The wrecker permit holder may provide for an after-hours number which shall be provided to the Cleveland Police Department. (4) The first wrecker operator at the scene shall tow the vehicle causing the greatest hazard as directed by the investigating police officer. (5) A wrecker operator may accept a dispatch of more than one (1) wrecker only if qualified wreckers and operators are available within the time limits specified above. p. 697 REGULAR SESSION NOVEMBER 18, 2019 PAGE -697- MINUTE BOOK 29 (6) All permit holders shall file with the Cleveland Police Department a photocopy of a current operator's license for each employee authorized to operate a wrecker for the permit holder. The photocopy of any new operator's license shall be filed within ten (10) days following employment or renewal of the operator's license. (7) All permits holders shall immediately notify the Cleveland Police Department, in writing, of any driver’s license changes or any actions committed by a driver which would cause that operator’s driver’s license to be suspended, revoked, or cancelled. (8) All permits holders shall immediately notify the Cleveland Police Department, in writing, of any arrest or conviction of any driver or operator working for the wrecker company. Section 20-1217 Vehicles to be towed to place designated by owner or operator of vehicle. The wrecker operator may tow the wrecked or disabled vehicle to the operator's place of business; provided, if the owner or agent of the wrecked or disabled vehicle pays or secures the towing charges, then the wrecker operator shall pull the vehicle to any place designated by such owner or agent. It shall be unlawful for the wrecker owner, or an agent, employee or representative of the wrecker owner to high- pressure or otherwise coerce any owner of a wrecked or disabled vehicle to sign a work order or agreement at the scene of an accident for any repairs to be made on such wrecked or disabled vehicle. Section 20-1218 Rotational Call List- Wreckers to go to scene of accident on call of dispatcher or owner/operator only. When a member of the Cleveland Police Department is dispatched to an accident, or is involved in other matters which may require wrecker assistance, the investigating officer, after making a determination of the need for a wrecker, will generally offer "owner's request" to the registered owner, driver, or any competent occupant, except in those situations where, in the officer's opinion, an emergency exists, or where the immediate clearing of a public thoroughfare mandates that a tow operator be requested on an expedited basis, or when the occupants have been physically arrested. If the registered owner, driver or other competent adult does not exercise the owner's request, or if the officer determines that the owner's request is not warranted, then that officer shall then call the dispatcher. The dispatcher will notify the next scheduled wrecker on the rotational call list to respond. The investigating officer will normally follow the set rotational list except in situations where the wrecker on the rotational call list indicates an inability to respond in a timely manner or other weather or emergency situations which the officer deems it necessary to dispatch the closest available wrecker or if a specialized service is deemed to be needed, or if the wrecker on the rotational call list cannot be reached for some reason. It shall be unlawful for any wrecker operator, or his agent or representative, to go to any place where an accident has occurred unless called by the dispatcher or unless called directly by the owner or operator of a motor vehicle. Under either circumstance, the wrecker operator shall clear with the dispatcher before going to the accident scene. It shall be unlawful for the owner of any wrecker, or his agent or representative, to go to the place of a wreck by reason of information received by shortwave radio, police radio or scanner. A wrecker operator operating under this chapter shall not proceed to the scene of a disabled motor vehicle without having been requested or notified to do so, as provided in this section. Responding to a call upon notice from gas station attendants, taxicab drivers or other unauthorized persons shall be considered a violation of this chapter. Section 20-1219 Emergency towing and storage. Whenever any police officer finds a vehicle standing upon any street or highway and the vehicle constitutes a hazard to the safe movement of traffic along such street, or when the towing of such vehicle is otherwise permitted by the Cleveland Municipal Code or other applicable law, the officer shall: (1) Notify the police dispatcher, who shall call the wrecker having the class of wrecker necessary. p. 698 REGULAR SESSION NOVEMBER 18, 2019 PAGE -698- MINUTE BOOK 29 (2) The wrecker shall tow the wrecker or disabled motor vehicle in the manner and procedures as provided in this chapter; and (3) The wrecker shall be entitled to recover any unpaid charges for towing and storage in accordance with Title 55, Chapter 16, Tennessee Code Annotated, "Unclaimed or Abandoned Vehicles." Section 20-1220 Severability The provisions of this Ordinance are declared to be severable. If any provision of this chapter is determined to be unenforceable or invalid, such determination will not affect the validity of the other provisions contained in this article. Failure to enforce any provision of this chapter does not affect the rights of the parties to enforce such provision in another circumstance, nor does it affect the rights of the parties to enforce any other provision of this article at any time. Section 2. That this Ordinance shall be effective from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Ordinance No: 2019-46 be approved on first reading and to also approve the new city policy which is located within the Cleveland Police Department’s Departmental Policies. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Mr. Fivas stated we have a chance to submit preliminary ideas to the Appalachian Regional Commission to potentially apply in the future for a grant related to a downtown events center. No action is necessary at this time but wanted to make the Council aware. Councilman May moved to authorize staff to move forward to submit preliminary ideas to the Appalachian Regional Commission. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2019-115 WHEREAS, City representatives have been in discussion with Bradley County representatives concerning the attached Interlocal agreement between the City and the County in connection with the annexation of a parcel of property owned by Deborah Crittenden which parcel is located at 2444 Hensley Road NW, and which is generally described as Tax Map 41 Parcel 055.01; and WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting meeting on November 4, 2019; and WHEREAS, the City Council desires to approve of this Interlocal Agreement with Bradley County; and WHEREAS, the City Council further desires to authorize the Mayor to execute the Interlocal agreement with Bradley County 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 Interlocal Agreement between the City of Cleveland and Bradley County. p. 699 REGULAR SESSION NOVEMBER 18, 2019 PAGE -699- MINUTE BOOK 29 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Interlocal agreement on behalf of the City. [on file in the City Clerk’s Office.] This 18th day of November, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Resolution No: 2019-115 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Councilman Cassada moved that staff prepare an RFP for a consultant for the NEPA phase pertaining to the BUILD Grant. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Mr. Fivas reported that the RFP, which a draft was distributed to the City Council previously for comments and changes, for the acquisition and renovation for the Cherokee Hotel, was being finalized and would be released soon. It would be due back to us by 2:00 p.m. on February 21, 2020. This will be an intensive process, possibly with 5 or 6 development groups. When the proposals are received back, we will have an initial committee review and develop a report to the City Council and decide on the best scenario for the building. The Council will have to work through the best proposals and best financial terms that are developed for the City. Councilman Estes stated he likes the proposal and we have unknowns at this time. Councilman May stated he likes that we can negotiate. Mr. Fivas agreed and stated we can establish prohibited uses and City incentives for consideration. A brief discussion took place on suggestion changes. Councilman Estes moved for staff to move forward with the RFP for the Cherokee Hotel with changes and recommendations by Mr. Fivas. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Mayor Brooks announced due to the Christmas Holiday Week, the December 23 City Council meeting will be cancelled. The next City Council meeting will be held on Monday, December 9. Also, it was discussed earlier, we have added the additional day off of December 23, which will be listed on the December 9 agenda. Councilman Estes thanked Tommy Myers and Public Works for picking up leaves off schedule. Secondly, he would like in 2020 the City Council receive no birthday cakes. He would like for each Department Heads to get cakes rather than the City Council. There being no future business the meeting was adjourned at 3:39 p.m. _________________________________ __________________________________ Mayor City Clerk