Cleveland City Council

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, July 8, 2019 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 2. UPDATES FROM THE CITY MANAGER a. Discussion on Build Grant b. Update on Year End c. Update on Downtown Redevelopment Progress d. Council Discussion on Naming New Park behind Blythe Oldfield School 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Hughes c. Councilman Webb d. Vice Mayor Johnson e. Councilman McKenzie f. Councilman Estes g. Councilman Cassada 5. ANNOUNCEMENTS 6. ADJOURNMENT  City Council 190 Church St., NE Cleveland, TN 37312 Regular Session www.clevelandtn.gov Agenda Monday, July 8, 2019 3:00 PM Municipal Building ORDER OF BUSINESS 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION 4. WAIVE READING OF MINUTES a. Regular Session – June 24, 2019 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning an ordinance to amend PUD21 to allow for an amendment to the regulations governing ground signs at Bradley Square Mall (Planning Commission: Approved 7-0; 2 members absent) (p. 2-5). b. Public Hearing – To hear public comments concerning a request to rezone 1.31 acres located at 3450 Adkisson Dr NW (Tax Map 041D Group G Parcels 013.00) from R2 Low Density Single and Multi-Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 6-12. 7. CONSENT AGENDA a. Resolution No: 2019-63 – Increasing the Family Median Income limit for CDBG Down Payment Assistance Program from 50% to 80% to allow for more flexibility in the program (p. 13-15). b. Resolution No: 2019-64 – Authorizing the Mayor to sign an agreement with Apple, Inc. for use of the Apple Store for Cleveland@YourService App (p. 16-24). c. Change Order #1 – Re-roofing Fire Hall #4 (p. 25). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Councilman May b. Councilman Hughes c. Councilman Webb d. Vice Mayor Johnson e. Councilman McKenzie f. Councilman Estes g. Councilman Cassada 10. NEW BUSINESS AND ORDINANCES a. Ordinance No: 2019-33 – Amending PUD21 to allow for an amendment to the regulations governing ground signs at Bradley Square Mall (Planning Commission: Approved 7-0; 2 members absent) (p. 26-29). b. Zoning Ordinance No: 2019-34 – Rezoning 1.31 acres located at 3450 Adkisson Dr NW (Tax Map 041D Group G Parcels 013.00) from R2 Low Density Single and Multi- Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 30-32). c. Ordinance No: 2019-35 – Amending Title 15, Chapter 1, Section 15-141 of the Municipal Code relative to the use of a wireless telecommunications device or a stand-alone electronic device while operating a motor vehicle (p. 33-44). d. Resolution No: 2019-65 – Expressing willingness to apply and participate in Better Utilizing Investments to Leverage Development (Build) Grant (p. 45). e. Motion - Appointment to the WiFi Task Force 11. ANNOUNCEMENTS 12. ADJOURNMENT  -1- -A- I MOVE THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND WAIVE THE READING OF THE MINUTES OF THE E.EGULAR SESSION OF THE CITY COUNCIL HELD ON JUNE 24, 2019 AND APPROVE THEM AS WRITTEN. -2- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Jonathan Jobe, DES Director DATE: July 8, 2019 RE: Public Hearing - To hear public comments concerning an Ordinance to amend PUD 21 SUMMARY: Public Hearing - To hear public comments concerning an ordinance to amend PUD21 to allow for an amendment to the regulations governing ground signs at Bradley Square Mall. COMMITTEE FINDINGS: Ben Berry made a motion to amend PUD 21 and Clarke Taylor seconded the motion. FISCAL ANALYSIS: No impact RECOMMENDATION: A vote of 7-0 passed the motion. 7 -Approve 2 --Absent  -3- TODAY'S MEETING IS BEING HELD AS A PUBLIC HEARING TO HEAR PUBLIC COMMENTS: CONCERNING AN ORDINANCE TO AMEND PUD21 TO ALLOW FOR AN AMENDMENT TO THE REGULATIONS GOVERNING GROUND SIGNS AT BRADLEY SQUARE MALL. * WOULD ANYONE LIKE TO SPEAK IN FAVOR OF THE APPROVAL OF THE AMENDMENT? * WOULD ANYONE LIKE TO SPEAK IN OPPOSITION OF THE APPROVAL OF THE AMENDMENT? * DECLARATION OF THE CLOSURE OF THE PUBLIC HEARING. -4- Request to amend PUD 21 to amend the requirements for ground signs. The proposed amendment would amend only the section of PUD21 for the redevelopment of Bradley Square Mall which governs the establishment of outdoor ground signs. The amendment would establish the signs shown in the attached exhibit as the signage plan and would provide a mechanism for staff to approve minor future changes or for the Planning Commission to approve other changes without requiring Council approval.  -5- NOTICE OF PUBLIC HEARING The Cleveland City Council will hold a public hearing to hear public comments concerning an ordinance to amend PUD 21 to allow for an amendment to the regulations governing ground signs at Bradley Square Mall. The meeting will be at 3:00 PM on Monday, July 8,2019 in their regular meeting place, the 2nd floor council meeting room in the Cleveland Municipal Building, 190 Church Street NE. The hearing is open to the public. Attn: Legal Ad Dept. Please run one time by Sunday, June 23, 2019. Bill the City of Cleveland, Accounts Payable, Attn: Lavinia Johnson. -6- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Jonathan Jobe, DES Director DATE: July 8, 2019 RE: Public Hearing - To hear public comments concerning a request by Cleveland State Foundation to rezone 1.31 acres located at 3450 Adkisson Drive from R2 to Pl SUMMARY: Public Hearing - To hear public comments concerning a request by Cleveland State Foundation to rezone property at 3450 Adkisson Drive from R2 Low-density single- and multi-family residential to Pl Professional Institutional. The property comprises Tax Map 41 D Group G Parcels 13.00. The property contains approximately 1.31 acres, more or less. COMMITTEE FINDINGS: Jamie Creekmore made a motion to approve the request and Clarke Taylor seconded the motion FISCAL ANALYSIS: No impact RECOMMENDATION: Planning Commission: Approved 7-0; 2 members absent  -7- TODAY'S MEETING IS BEING HELD AS A PUBLIC HEARING TO HEAR PUBLIC COMMENTS: CONCERNING A REQUEST TO REZONE 1.31 ACRES LOCATED AT 3450 ADKISSON DRNW (TAX MAP 041D GROUP G PARCELS 013.00) FROM R2 LOW DENSITY SINGLE AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICT TO PI PROFESSIONAL INSTITUTIONAL ZONING DISTRICT. * WOULD ANYONE LIKE TO SPEAK IN FAVOR OF THE APPROVAL OF THE REZONING? * WOULD ANYONE LIKE TO SPEAK IN OPPOSITION OF THE APPROVAL OF THE REZONING? * DECLARATION OF THE CLOSURE OF THE PUBLIC HEARING. -8- Request by Cleveland State Foundation to rezone property at 3450 Adkisson Drive from R2 Low-density single- and multi-family residential to Pl Professional Institutional. The property comprises Tax Map 41 D Group G Parcels 13.00. The property contains approximately 1.31 acres, more or less. The Cleveland State Foundation has purchased the property and would like to develop the site into additional parking for the proposed Health Sciences Building located directly to the South. The Planning Commission recommended approval of the adjoining site and the rezoning has been approved by the City Council on its first reading. The subject property is adjoining the interstate to the east and multi-family residential to the north. Staff believes the proposed use is appropriate and consistent with the surrounding area. Furthermore, proposed improvements to Adkisson Dr will continue to support the proposed change. Staff recommends approval of the request.  -9- City of Cleveland Receipt Date: 0610512019 Receipt #: 19-291 Session ID: P060519 User Name: PEGGY Jurisdiction: 001 City of Cleveland Group: Taxpayer Name: REZONING Location Name: REZONING Pennlt: Tran# Id Loe# Name Code Amount Due 5747 999006 1 CLEVELAND STATE FOUNDATIO REZON $300.00 REZONING OF 3450 ADl<ISSON DRIVE r-tN FROM R2 TO Pl Check 5908 $300.00 Total Remitted $300.00 Total Due $300.00 Change $0.00 -10- City of Cleveland ' • Development & Engineeri ng Services . 185 2nd Street NE Cleve land, TN 37311 Phone: (423) 47!1•1!113 Fax: (423 ) 55!1-3373 WWV.' ClEVEIANOT~. GO\' REZONING PUD REZONING $500 for the first 3 acres, plus $50.00 for each additional acre or FEE: $300.00 f raction thereof. $2,000 maximum fee. Applicant Information Owner: c/e.0<::\r,0 r,) o-\-a·k FCl' i v"'l d n+ie.11. Phone#: L. , ) 6 I.. - <;;; 7 0 3 Address: _35 3 5 Ac\k ;5-..'.,c,,, D . UL1 c,,)5~ 1'\V--: c ,,i·V lll.1,;k+~~ -cc' e~tl Ema il : eo Bay,, ';-;5 7C <lr: 1::elc111d :3 i 31.c (!fv c,.,d D.Lu..:·,c•,\ n .,. P- c-, O f\. Location of Request Address : 3l(5"0 /~d k ,..'.)Sun Dr. Ah \ \ _ .:::;_...:..::._:::....__..:.:::~~= = '-'-_;;;:;_;_'-"~"'-!.<' - - - - -- ---------- Cleveland, TN Zip Code Tax ID: Map: CI-{ ! 0 Grou p : lJ Parce l: 0 f :l · CD 'J..3 - ? N'Jl..!..2 Request Ex isting Zoning: K 1_ Pro posed Zon ing : ---'-P - _T =-- -- - - Additio nal Inform ation: 1 ;...., F ,_,--u f'!:{t t +fc,·t J)..L. re. J¼S-LI_ I iv ,1 ::u:i E u n"{ u., , +~ -1-h~ ·,nte nf--1on 'it c.·,:,n, I,:;~, ~ U I" I l1 J ,1-'< r1u,.: /, ,1,_; ~c/.,d ; -,,.}" < or -1-i, , n c·,,•.., I C' g ,r; i,J)L\ O}\ APPLICANT SIGN1fTURE DATE -11- -12- NOTICE OF PUBLIC HEARING The City Council of Cleveland, Tennessee will hold a public hearing on Monday, July8, 2019 at 3 o'clock pm (local time) in their regular meeting place, the 2nd floor council meeting room, Cleveland Municipal Building at 190 Church Street NE to hear public comments concerning a request to rezone 1.31 acres, more or less, located at 3450 Adkisson Dr NW (Tax Map 41 D Group G Parcels 013.00) from R2 Low Density Single and Multi- Family Residential Zoning District to Pl Professional Institutional Zoning District. The hearing is open to the public. The attached map shows the approximate location of the property. Attn: Legal Ad Dept . Please run one time by Sunday, June 23, 2019 . Bill the City of Cleveland, Accounts Payable, Attn : Lavinia Johnson  -13- ~~EL.-J IC~ ··. 1 .. · c~ ·"" City Council 190 Church St., NE L :,~ Cleveland, TN 37312 -~~,~ .· -- ~ '\.• www.clevelandtn.gov ~ . .v:,;.. Yc.x'Y AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Cathy Andrews, Redevelopment Coordinator DATE: July 3, 2019 RE: Resolution for change in the CDBG Down Payment Assistance Program SUMMARY: The CDBG Down Payment Assistance Program was created by resolution in 2005 for increasing housing ownership opportunities for low income individuals and families in the CDBG Target Area. The initial resolution stated that it would be for homes developed by Habitat for Humanity and that qualifying income be at or below 50% of the Family Median Income for the area. Since the creation of City Fields, it has been found that an increase to 80% of the Family Median Income would allow for more flexibility in the program. COMMITTEE FINDINGS: FISCAL ANALYSIS: The down payment assistance amount will not increase. It will remain at $6,000. RECOMMENDATION: This approval of said resolution is recommended by Cathy Andrews, Redevelopment Coordinator. - 14 - RESOLUTION NO: 2019-63 WHEREAS, Community Development Block Grant Funds (CDBG) are used to serve individuals that are at or below 80% of Family Median Income or referred to as Low to Moderate Income; and WHEREAS, the City of Cleveland has partnered with HUD approved Community Development entities to increase affordable housing in the CDBG target area; and WHEREAS, Community Development Block Grant Program Down Payment Assistance Program has been in existence since 2005; and WHEREAS, the Down Payment Assistance Program currently serves individuals not exceeding 50% of the Area Median Income purchasing affordable housing constructed by HUD approved Community Development entities; and WHEREAS, the City of Cleveland is increasing the limit from 50% MFI to 80% MFI to allow for more flexibility in the DPA Program; and WHEREAS, said Down Payment Assistance funding can be applied to the down payment, closing costs and/or to reduce the principal balance of the loan. NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Cleveland hereby approves of the increase the income limits from 50% MFI to 80% MFI Down Payment Assistance Program. Kevin Brooks, Mayor Shawn McKay, City Clerk FY 2019 Income Limits Documentation System -- Summary for Bradley County, Tenness .. . Page 1 of 2 -15 - FY 2019 INCOME LIMITS DOCUMENTATION SYSTEM HUD.gov HUD User Home Data Sets Fair Market Rents Section 8 Income Limits MTSP Income Limits HUD LIHTC Database FY 2019 Income Limits Summary Selecting any of the buttons labeled "Explanation" will display detailed calculation steps for each of the various parameters. Median FY 2019 FY 2019 Persons in Fami ly Family Income Income Income Limit Limit Area ' 1 Category 1 2 3 4 5 6 7 8 I, ' Explanation I - - Very Low (50%) Income 20,200 23,100 26,000 28,850 31,200 33,500 35,800 38,100 Limits($) Explanation , Extremely Cleveland, Low Income $57,700 TN MSA Lim its($) * 12,490 16,910 21,330 25,750 30,170 33,500 * 35,800 * 38,100 * 1 Explanation '· Low (80%) Income Limits($) ·, 32',350 36,950 41,550 46,150 49,850 53,550 57,250 60,950 r : Explanation NOTE: Bradley County is part of the Cleveland, TN MSA, so all information presented here app lies to all of the Cleveland, TN MSA. The Cleveland, TN MSA contai ns the following areas: Bradley County, TN; and Polk County, TN. * T he FY 2014 Co nso li dated Appropriations Act changed the definition of extremely low-income to be the greater of 30/S0ths (60 percent) of the Section 8 very low - income limit or the poverty guideline as established by the Department of Health and Human Services (HHS), pr ovided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, t he extreme ly low income limits may equal the very low (50%) income limits . Income Limit areas are based on FY 2019 Fair Market Rent (FMR) areas . For information on FMRs, please see ou r associated FY 2019 Fair Market Rent documentation system. For last year's Median Family Income and Income Limits, please see here : i FY2018 Med ian Family Income and Income Limits for Cleveland , TN MSAJ I ] https://www.huduser.gov/portal/datasets/il/il2019/20 l 9summary .odn 6/28/2019 -16- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Brian Moran, Assistant to the City Manager/Communications Coord. DATE: 7/2/2019 RE: Apple Agreement Summary: Earlier this year Apple updated their policies that no longer allow third party companies to publish and own apps on the customer's behalf for the iTunes Store. Qscend Technologies, which developed the city's Cleveland at Your Service App, published and maintained the city's app . The city's app was flagged for removal on iTunes since it violated Apple's new App Developer policy. This change does not affect users that have already downloaded the app and does not affect the city's app in the Google Play Store. For the city's app to appear on iTunes, the city must become a designated App Developer and agree to Apple's Developer Agreement. Committee Findings: The current design is the final recommended by the committee. Fiscal Analysis: No impacts on the current fiscal year budget. Recommendation: City staff recommend approving the resolution authorizing the mayor to sign any contracts and documents that will allow the city of Cleveland to become an official App Developer to allow the city's app to be available for download on iTunes.  -17- RESOLUTION NO: 2019-64 WHEREAS, the City has received the attached agreement from Apple, Inc., which agreement is necessary if the City desires to continue using Apple's mobile request application which allows citizens to provide alerts to the City of Cleveland; and WHEREAS, the City Council desires to enter into this agreement with Apple, Inc. 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 Apple, Inc., and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 8th day of July, 2019. APPROVED AS TO FORM: John F. Kimball, City Attorney Kevin Brooks, Mayor Shawn McKay, City Clerk -18- This is a legal agreement between you and Apple. • Download PDF THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") STATING THE TERMS THAT GOVERN YOUR PARTICIPATION AS AN APPLE DEVELOPER. PLEASE READ THIS APPLE DEVELOPER AGREEMENT ("AGREEMENT") BEFORE PRESSING THE "AGREE" BUTTON AND CHECKING THE BOX AT THE BOTTOM OF THIS PAGE. BY PRESSING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS "CANCEL". Apple Developer Agreement 1. Relationship With Apple; Apple ID and Password. You understand and agree that by registering with Apple to become an Apple Developer ("Apple Developer''), no legal partnership or agency relationship is created between you and Apple. You agree not to represent otherwise. You also certify that you are at least thirteen years of age and you represent that you are legally permitted to register as an Apple Developer. This Agreement is void where prohibited by law and the right to register as an Apple Developer is not granted in such jurisdictions. Unless otherwise agreed or permitted by Apple in writing, you cannot share or transfer any benefits you receive from Apple in connection with being an Apple Developer. The Apple ID and password you use to log into your Apple Developer account cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your Apple ID and password and for any activity in connection with your account. 2. Developer Benefits. As an Apple Developer, you may have the opportunity to attend certain Apple developer conferences, technical talks, and other events (including online or electronic broadcasts of such events) ("Apple Events"). In addition, Apple may offer to provide you with certain services ("Services"), as described more fully herein and on the Apple Developer web pages ("Site"), solely for your own use in connection with your participation as an Apple Developer. Services may include, but not be limited to, any services Apple offers at Apple Events or on the Site as well as the offering of any content or materials displayed on the Site ("Content''). Apple may change, suspend or discontinue providing the Services, Site and Content to you at any time, and may impose limits on certain features and materials offered or restrict your access to parts or all of such materials without notice or liability. 3. Restrictions. You agree not to exploit the Site, or any Services, Apple Events or Content provided to you by Apple as an Apple Developer, in any unauthorized way, including but not limited to, by trespass, burdening network capacity or using the Services, Site or Content other than for authorized purposes. Copyright and other intellectual property laws protect the Site and Content provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with Apple, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale  -19- of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site, Content or Services. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services, Site, or Content (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by any licensing terms accompanying the foregoing). Use of the Site, Content or Services to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. Apple retains ownership of all its rights in the Site, Content, Apple Events and Services, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Apple intellectual property. 4. Confidentiality. Except as otherwise set forth herein, you agree that any Apple pre-release software, services, and/or hardware (including related documentation and materials) provided to you as an Apple Developer ("Pre-Release Materials")and any information disclosed by Apple to you in connection with Apple Events will be considered and referred to as "Apple Confidential Information". Notwithstanding the foregoing, Apple Confidential Information will not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by Apple; (c) information that is independently developed by you without the use of any Apple Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third party software and/or documentation provided to you by Apple and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation. Further, Apple agrees that you will not be bound by the foregoing confidentiality terms with regard to technical information about Apple pre-release software, services and/or hardware disclosed by Apple at WWDC (Apple's Worldwide Developers Conference), except that you may not post screen shots of, write public reviews of, or redistribute any such materials. 5. Nondisclosure and Nonuse of Apple Confidential Information. Unless otherwise expressly agreed or permitted in writing by Apple, you agree not to disclose, publish, or disseminate any Apple Confidential Information to anyone other than to other Apple Developers who are employees and contractors working for the same entity as you and then only to the extent that Apple does not otherwise prohibit such disclosure. Except for your authorized purposes as an Apple Developer or as otherwise expressly agreed or permitted by Apple in writing, you agree not to use Apple Confidential Information in any way, including, without limitation, for your own or any third party's benefit without the prior written approval of an authorized representative of Apple in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Apple Confidential Information. You acknowledge that unauthorized disclosure or use of Apple Confidential Information could cause irreparable harm and significant injury to Apple that may be difficult to ascertain. Accordingly, you agree that Apple will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and -20- remedies it may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Apple Confidential Information, you may make such disclosure, but only if you have notified Apple before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as Apple Confidential Information. 6. Confidential Pre-Release Materials License and Restrictions. If Apple provides you with Pre- Release Materials, then subject to your compliance with the terms and conditions of this Agreement, Apple hereby grants you a nonexclusive, nontransferable, right and license to use the Pre-Release Materials only for the limited purposes set forth in this Section 6; provided however that if such Pre- Release Materials are subject to a separate license agreement, you agree that the license agreement accompanying such materials in addition to Sections 4 and 5 of this Agreement shall also govern your use of the Pre-Release Materials. You further agree that in the event of any inconsistency between Section 4 and 5 of this Agreement and the confidentiality restrictions in the license agreement, the license agreement shall govern. You agree not to use the Pre-Release Materials for any purpose other than testing and/or development by you of a product designed to operate in combination with the same operating system for which the Pre-Release Materials are designed. This Agreement does not grant you any right or license to incorporate or make use of any Apple intellectual property (including for example and without limitation, trade secrets, patents, copyrights, trademarks and industrial designs) in any product. Except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Apple intellectual property. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-Release Materials to a human-perceivable form, and you will not modify, network, rent, lease, transmit, sell, or loan the Pre-Release Materials in whole or in part. 7. Developer Content License and Restrictions. As an Apple Developer, you may have access to certain proprietary content (including, without limitation, video presentations and audio recordings) that Apple may make available to you from time to time ("Content"). Content shall be considered Apple Confidential Information, unless otherwise agreed or permitted in writing by Apple. You may not share the Content with anyone, including, without limitation, employees and contractors working for the same entity as you, regardless of whether they are Apple Developers, unless otherwise expressly permitted by Apple. Subject to these terms and conditions, Apple grants you a personal and nontransferable license to access and use the Content for authorized purposes as an Apple Developer; provided that you may only download one (1) copy of the Content and such download must be completed within the time period specified by Apple for such download. Except as expressly permitted by Apple, you shall not modify, translate, reproduce, distribute, or create derivative works of the Content or any part thereof. You shall not rent, lease, loan, sell, sublicense, assign or otherwise transfer any rights in the Content. Apple and/or Apple's licensor(s) retain ownership of the Content itself and any copies or portions thereof. The Content is licensed, not sold, to you by Apple for use only under this Agreement, and Apple reserves all rights not expressly granted to you. Your rights under this license to use and access the Content will terminate automatically without notice from Apple if you fail to comply with any of these provisions.  -21- 8. Compatibility Labs; Developer Technical Support (DTS). As an Apple Developer, you may have access to Apple's software and/or hardware compatibility testing and development labs ("Labs") and/or developer technical support incidents ("DTS Services") that Apple may make available to you from time to time as an Apple developer benefit or for a separate fee. You agree that all use of such Labs and DTS Services will be in accordance with Apple's usage policies for such services, which are subject to change from time to time, with or without prior notice to you. Without limiting the foregoing, Apple may post on the Site and/or send an email to you with notices of such changes. It is your responsibility to review the Site and/or check your email address registered with Apple for any such notices. You agree that Apple shall not be liable to you or any third party for any modification or cessation of such services. As part of the DTS Services, Apple may supply you with certain code snippets, sample code, software, and other materials ("Materials"). You agree that any Materials that Apple provides as part of the DTS Services are licensed to you and shall be used by you only in accordance with the terms and conditions accompanying the Materials. Apple retains ownership of all of its right, title and interest in such Materials and no other rights or licenses are granted or to be implied under any Apple intellectual property. You have no right to copy, decompile, reverse engineer, sublicense or otherwise distribute such Materials, except as may be expressly provided in the terms and conditions accompanying the Materials. YOU AGREE THAT WHEN REQUESTING AND RECEIVING TECHNICAL SUPPORT FROM DTS SERVICES, YOU WILL NOT PROVIDE APPLE WITH ANY INFORMATION, INCLUDING THAT INCORPORATED IN YOUR SOFTWARE, THAT IS CONFIDENTIAL TO YOU OR ANY THIRD PARTY. YOU AGREE THAT ANY NOTICE, LEGEND, OR LABEL TO THE CONTRARY CONTAINED IN ANY SUCH MATERIALS PROVIDED BY YOU TO APPLE SHALL BE WITHOUT EFFECT. APPLE SHALL BE FREE TO USE ALL SUCH INFORMATION IT RECEIVES FROM YOU IN ANY MANNER IT DEEMS APPROPRIATE, SUBJECT TO ANY APPLICABLE PATENTS OR COPYRIGHTS. Apple reserves the right to reject a request for access to Labs or for DTS Services at any time and for any reason, in which event Apple may credit you for the rejected lab or support request. You shall be solely responsible for any restoration of lost or altered files, data, programs or other materials provided. 9. Amendment; Communication. Apple reserves the right, at its discretion, to modify this Agreement, including any rules and policies at any time. You will be responsible for reviewing and becoming familiar with any such modifications (including new terms, updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions)("Additional Terms") communicated to you by Apple. All Additional Terms are hereby incorporated into this Agreement by this reference and your continued use of the Site will indicate your acceptance of any Additional Terms. In addition, Apple may be sending communications to you from time to time. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to, membership information, marketing materials, technical information, and updates and/or changes regarding your participation as an Apple Developer. By agreeing to this Agreement, you consent that Apple may provide you with such communications. 10. Term and Termination. Apple may terminate or suspend you as a registered Apple Developer at any time in Apple's sole discretion. If Apple terminates you as a registered Apple Developer, Apple -22- reserves the right to deny your reapplication at any time in Apple's sole discretion. You may terminate your participation as a registered Apple Developer at any time, for any reason, by notifying Apple in writing of your intent to do so. Upon any termination or, at Apple's discretion, suspension, all rights and licenses granted to you by Apple will cease, including your right to access the Site, and you agree to destroy any and all Apple Confidential Information that is in your possession or control. At Apple's request, you agree to provide certification of such destruction to Apple. No refund or partial refund of any fees paid hereunder or any other fees will be made for any reason. Following termination of this Agreement, Sections 1, 3-5, 7 (but only for so long as the duration specified by Apple for such usage), 10-19 shall continue to bind the parties. 11. Apple Independent Development. Nothing in this Agreement will impair Apple's right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, Apple will be free to use any information, suggestions or recommendations you provide to Apple pursuant to this Agreement for any purpose, subject to any applicable patents or copyrights. 12. Use Of Apple Trademarks, Logos, etc. You agree to follow Apple's trademark and copyright guidelines as published at: www.apple.com/1egal/guidelinesfor3rdparties.htm1 ("Guidelines") and as may be modified from time to time. You agree not to use the marks "Apple," the Apple Logo, "Mac", "iPhone," "iPod touch" or any other marks belonging or licensed to Apple in any way except as expressly authorized in writing by Apple in each instance or as permitted in Apple's Guidelines. You agree that all goodwill arising out of your authorized use of Apple's marks shall inure to the benefit of and belong to Apple. 13. No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, "APPLE" FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER {COLLECTIVELY, THE "SERVICE" FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS- AVAILABLE" BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY  -23- THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE. 14. Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY, FOR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, FOR BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). 15. Third-Party Notices and Products. Third-party software provided by Apple to you as an Apple Developer may be accompanied by its own licensing terms, in which case such licensing terms will govern your use of that particular third-party software. Mention of third-parties and third-party products in any materials, documentation, advertising, or promotions provided to you as an Apple Developer is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Apple shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users. 16. Export Control. You may not use or otherwise export or re-export any Apple Confidential Information received from Apple except as authorized by United States law and the laws of the jurisdiction in which the Apple Confidential Information was obtained. In particular, but without limitation, the Apple Confidential Information may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List or any other restricted party lists. By becoming an Apple Developer or using any Apple Confidential Information, you represent -24- and warrant that you are not located in any such country or on any such list. You also agree that you will not use any Apple Confidential Information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons. 17. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, Santa Clara County Municipal Court, or any other forum in Santa Clara County, for any disputes arising out of this Agreement. 18. Government End Users. Certain Apple Confidential Information may be considered "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 19. Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Apple, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Apple. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Apple unless made in writing and signed by an authorized representative of Apple. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Les parties ont exige que le present contrat et taus Jes documents connexes soient rediges en anglais.  -25- City Council 190 Church St., NE Cleveland, TN 37311 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: July 8, 2019 RE: Change Order# 1 - Cleveland Roofing Company SUMMARY: The following items are not included in the original bid for the roof replacement at Fire Hall #4 and are needed to complete the project: • Guttering $8,850.00 • Wood Replacement $2,370.00 Original Bid $39,500.00 Change Order # 1 $11,220.00 Total $50,720.00 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff is recommending approval of this item. -26- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Jonathan Jobe, DES Director DATE: July 8, 2019 RE: Ordinance No. 2019-33 Amending PUD 21 SUMMARY: Ordinance No. 2019-33 -Amending PUD21 to allow for an amendment to the regulations governing ground signs at Bradley Square Mall. COMMITTEE FINDINGS: Ben Berry made a motion to amend PUD 21 and Clarke Taylor seconded the motion. FISCAL ANALYSIS: No impact RECOMMENDATION: A vote of 7-0 passed the motion. 7 -Approve 2 --Absent  -27- ORDINANCE NO 2019-33 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO AMEND THE PUD 21 ZONING DISTRICT ESTABLISHED BY ORDINANCE 2017-08 BY AMENDING THE PROVISIONS OF SECTION 12 REGULATING THE USE OF OUTDOOR SIGNS AND RETAINING ALL OTHER FEATURES OF ORDINANCE 2017-08 IN FULL FORCE AND EFFECT. WHEREAS the City of Cleveland, Tennessee, hereinafter "City", desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter "PUD", process as an alternative development standard whereby to accomplish such development; and WHEREAS the City zoned certain property as PUD11 by Ordinance 2017-08 which ordinance contains the zoning district and standards and conditions for the development, operation, and maintenance of the property; and WHEREAS the City amended the ordinance for PUD11 to be known as PUD21 by Ordinance 2019-09 and which ordinance did not change any of the standards or conditions for the development, operation, and maintenance of the property; and WHEREAS, at its meeting on June 18, 2019 the Cleveland Municipal Planning Commission recommended additional changes to Ordinance 2017-08 to address changes in PUDS sought by the current owner(s) regarding the allowance of outdoor signage, and the City Council desires to approve those changes. NOW THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, IN REGULAR SESSION ASSEMBLED. Section 1: Section 12 of Ordinance Number 2017-08, which established the standards for outdoor signage within what is now known as PUD21, are hereby replaced with the following language: Section 12. SIGNAGE. All future ground sounds must be consistent in size and scale with the plans shown in exhibit A. Any future changes to the signage plan may be approved by staff for any sign altered by no more than 20% of the proposed exhibit. Any additional changes may be approved by a simple vote of the Cleveland Municipal Planning Commission without further review by City Council. Any lighting of the aforementioned sign shall be installed so as to minimize glare and light on the surrounding roadway and other property. This does not preclude the installation of decorative features, such as decorative pillars, with small decorative signs of four square feet or less bearing the name or emblem of the -28- development. This also does not preclude informational kiosks or other small signs less than four square feet inside the development. No sign advertising a business shall be placed inside the development so as to be visible from outside the development, but this prohibition is not intended to preclude otherwise lawful real estate signs advertising the properties within the development. Wall signs shall not exceed 30% of the area of the fa9ade they are located on. Section 2: This Ordinance shall take effect on final reading , the public welfare requiring it. APPROVED AS TO FORM : Kevin Brooks, Mayor Shawn McKay, City Clerk  -29- Exhibit [~ l~y square sr..t 1 of 1 7 -.... -- :; ~ _-;-_ _ ~~w ,.,.. ::,"! ; "' ~ ~ 0 " 23'41/2.0AH. --' 39'-8~ 0.A.H. PYlON @ SITE PLAN - SIGNAGE LOCATIONS 40' O..A.H. PYLON ~ W-6.0AH . n:,,a("' ,,,"' /'.-- -~== ., ~ '\J 'L ··- - .. _ . . ··- ·- ··-··- :""I 8i ~ ,~ , ! ,;~&-, J.. ,' PAMJ:1.61.c,!I I • ! ,.;::::,t,, Ji\ ·-.. - ._j_ /i · ...J.... -- ARCHITECTURAL SITE PLAN NORTH $ -30- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Jonathan Jobe, DES Director DATE: July 8, 2019 RE: Ordinance No. 2019-34- Rezoning 1.31 acres located at 3450 Ad kiss on Drive NW from R2 to Pl SUMMARY: Ordinance No. 2019-34 Rezoning 1.31 acres located at 3450 Adkisson Dr NW (Tax Map 041 D Group G Parcels 013.00) from R2 Low Density Single and Multi-Family Residential Zoning District to Pl Professional Institutional Zoning District COMMITTEE FINDINGS: Jamie Creekmore made a motion to approve the request and Clarke Taylor seconded the motion FISCAL ANALYSIS: No impact RECOMMENDATION: Planning Commission: Approved 7-0; 2 members absent  -31- ZONING ORDINANCE NO: 2019-34 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 Pl Professional Institutional Zoning District. Approximately 5.5 acres, more or less, located on Norman Chapel Rd and Adkisson Dr NW as shown on the attached map. For reference, same property is being shown on Tax Map 41D Group G Parcels 14.00, 15.00, 16.00 & 17.00 in the Assessor's Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: Kevin Brooks, Mayor Shawn McKay, City Clerk -32- Exhibit  -33- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: July 8, 2019 RE: Wireless Communication Ordinance SUMMARY: The General Assembly passed Public Chapter 412 which expanded the prohibitions against using wireless telecommunications devices (which includes cell phones) and stand-alone electronic devices while driving. This new law became effective on July 1, 2019. The ordinance will bring our Municipal Code into compliance with State Law and allow it to be enforced in City Court. COMMITTEE FINDINGS: No Committee or Board action FISCAL ANALYSIS: No fiscal impact. RECOMMENDATION: City staff recommends approval of the Ordinance. -34- ORDINANCE NO: 2019-35 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, AMENDING TITLE 15, CHAPTER 1, SECTION 15-141 OF THE CLEVELAND MUNICIPAL CODE TO UPDATE THIS CLEVELAND MUNICIPAL CODE SECTION RELATIVE TO THE USE OF A WIRELESS TELECOMMUNICATIONS DEVICE OR A STAND-ALONE ELECTRONIC DEVICE WHILE OPERATING A MOTOR VEHICLE WHEREAS, Public Chapter 412 was signed by the Governor and became effective July 1, 2019; and WHEREAS, this Public Chapter amended Tennessee Code Annotated 55-8-199 relative to the use of wireless telecommunications devices and stand-alone electronic devices while operating a motor vehicle in Tennessee; and WHEREAS, in light of these changes in state law, the City Council now desires to amend Title 15, Chapter 1, Section 15-141 of the Cleveland Municipal Code to incorporate these recent changes in state law into the Cleveland Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1. That Title 15, Chapter 1, Section 15-141 of the Cleveland Municipal Code is hereby deleted in its entirety and replaced with the following: 15-141: USE OF WIRELESS TELECOMMUNICATIONS DEVICE OR STAND-ALONE ELECTRONIC DEVICE PROHIBITED WHILE DRIVING (a) As used in this section: ( 1) "Stand-alone electronic device" means a portable device other than a wireless telecommunications device that stores audio or video data files to be retrieved on demand by a user; (2) "Utility services" means electric, natural gas, water, waste-water, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure; and (3) "Wireless telecommunications device" means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. "Wireless telecommunications device" does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, autonomous technology, or remote diagnostics system.  -35- (b)(1) A person, while operating a motor vehicle on any street, road or highway within the corporate limits of the City of Cleveland, shall not: (A) Physically hold or support, with any part of the person's body, a: (i) Wireless telecommunications device. This subdivision (b)(l)(A)(i) does not prohibit a person eighteen (18) years of age or older from: (a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or (b) Using only one (1) button on a wireless telecommunications device to initiate or terminate a voice communication; or (ii) Stand-alone electronic device; (B) Write, send, or read any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(l)(B) does not apply to any person eighteen (18) years of age or older who uses such devices: (i) To automatically convert a voice-based communication to be sent as a message in a written form; or (ii) For navigation of the motor vehicle through use of a device's global positioning system; (C) Reach for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be: (i) In a seated driving position; or (ii) Properly restrained by a safety belt; (D) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; or (E) Record or broadcast video on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(l) does not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle. (2) Notwithstanding subdivisions (b)(l)(A) and (B), and in addition to the exceptions described in those subdivisions, a function or feature of a wireless telecommunications device or stand-alone electronic device may be activated or deactivated in a manner requiring the physical use of the driver's hand while the driver is operating a motor vehicle if: -36- (A) The wireless telecommunications device or stand-alone electronic device is mounted on the vehicle's windshield, dashboard, or center console in a manner that does not hinder the driver's view of the road; and (B) The driver's hand is used to activate or deactivate a feature or function of the wireless telecommunications device or stand-alone electronic device with the motion of one (1) swipe or tap of the driver's finger, and does not activate camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than features or functions related to the transportation of persons or property for compensation or payment of a fee. (c)(l) A violation of this section is a municipal ordinance violation, subject only to imposition of a civil penalty not to exceed fifty dollars ($50.00). Any person violating this section is subject to the imposition of court costs not to exceed ten dollars ($10.00), including, but not limited to, any statutory fees of officers. State and local litigation taxes are not applicable to a case under this section. (2) In lieu of any civil penalty imposed under subdivision (c)(l), a person who violates this section as a first offense may attend and complete a driver education course. (3) Each violation of this section constitutes a separate offense. (d) This section does not apply to the following persons: (1) Officers of this state or of any county, city, or town charged with the enforcement of the laws of this state, or federal law enforcement officers when in the actual discharge of their official duties; (2) Campus police officers and public safety officers, as defined by Tennessee Code Annotated 49-7-118, when in the actual discharge of their official duties; (3) Emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and career, when in the actual discharge of their official duties; (4) Emergency management agency officers of this state or of any county, city, or town, when in the actual discharge of their official duties; (5) Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property; (6) Employees or contractors of utility services providers acting within the scope of their employment; and (7) Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave standing their motor vehicles. (e) A traffic citation that is based solely upon a violation of this section is considered a moving traffic violation.  -37- Section 2. This Ordinance shall become effective upon final reading, the public welfare requiring it. Kevin Brooks, Mayor Shawn McKay, City Clerk -38- ~tat.e of 'Ql';ennes~.ee PUBLIC CHAPTER NO. 412 HOUSE BILL NO. 164 By Representatives Holsclaw, Freeman, Hazlewood, Powell, Dixie, Beck, Ramsey, Jernigan, Halford, Shaw, White, Hurt, Helton, Coley, Gant, Ogles Substituted for: Senate Bill No. 173 By Senators Swann, Jackson, Yarbro AN ACT to amend° Tennessee Code Annotated, Title 55, Chapter 10 and Title 55, Chapter 8, relative ~o traffic safety. BE IT ENACTED BY THE GENERAL ASSEMBL'( OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 55-8-199, Is amended by deleting the section and substllullng instead the following: (a) As used in this section: (1) "Stand-alone electronic device" means a portable device other than a wireless telecommunications device that stores audio or video data flies to be retrieved on demand by a user; (2) "Utility seivices" means electrlc, natural gas, water, waste-water, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maint~nance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure; and · (3) "Wireless telecommunications device" means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially · similar portable wireless device that Is used to Initiate or receive communication, Information, or data. "Wireless telecommunications device" does not lriclude a radio, cfllzens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or In-vehicle security, navigation, autonomous technology, or remote diagnostics system. · (b) (1) A person, whlle operating a motor vehlcle on any road or highway In this state, shall not: (A) Physically hold or support, with any part of the person's body, a: (i} Wireless telecommunicatlons device. This subdivision (b)(1}(A)(I) does not prohibit a person eighteen (18) years of age or older from: (a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or (b) Using only one (1) button on a wireless telecommunications device to Initiate or terminate a voice communication; or ·  -39- HB164 (ii) Stand-alone electronic device; (B) Write, send, or read any text-based communication, Including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device. This subdMsion (b){1)(B) does not apply to any person eighteen {18) years of age or older who uses such devices: (0 To automatically convert a \fOice-based communication to be sent as a message in a written form; or {ii) For navigation of the motor vehicle through use of a device's global positioning system; . . {C) Reach for a wireless telecommunications device or stand- alone electronic device in a manner that requires the driver to no longer -~ . . (i) In a seated driving position; or (II) Properly restrained by a safety belt; (D) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; or (E) Record or broadcast video on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1) does not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle. (2) Notwithstanding subdivisions (b)(1)(A) and (B), and in addition to the exceptions described in those subdivisions, a function or feature of a wireless telecommunications device or stand-alone electronic device may be activated or deactivated in a manner requiring the physical use of the driver's hand whlfe the driver Is operating a motor vehicle if: (A) The wireless telecommunications -device or stand-alone electronic device Is mounted on the vehicle's windshield, dashboard, or center console In a manner that does not hinder the driver's view of the road; and (B) The driver's hand is used to activate or deactivate a feature or function of the wireless telecommunications device or stand-alone elec;tronfc device with the motion of one (1) swipe or tap of the driver's finger, and does not activate camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than features or functions related to the transportation of persons or property for compensation or payment of a fee. (c) (1) A violation of !his section is a Class C misdemeanor, subject only to imposition of a fine not to exceed fifty dollars ($50.00). However, if the violation is the person's third or subsequent offense or if the violation results in an accident, the fine is one hundred dollars ($100); or if the violation occurs in a work zone when employees of the department of transportation· or construction workers are present or In a marked school zone when a warning flasher or flashers are in operation, the fine Is two hundred dollars ($200). Any person violating this section is subject to the Imposition of court costs riot to exceed ten dollars ($10.00), including, but not limited to, any statutory fees of officers. State and local litfgatfon taxes are not appffcable to a case prosecuted under this section. 2 -40- HB 164 . (2) In .lieu of any fine imposed under subdivision (c)(1), a person who violates this section as a first offense may attend and complete a driver education course pursuant to § 55-10-301. (3) E~ch vfolatlon of this section constitutes a separate offense . . (d) This section does not apply to the following persons: (1) Officers of this state or of any county·, city, or town charged with the enforcement of the laws of this state, or federal law enforcement officers when In the actual discharge of their official duties; (2) Campus police officers and public safety officers, as defined by § 49- 7-118, when In the actual discharge of their official duties; (3) Emergency medlcal technicians, emergency medical technician- paramedics, and firefighters, both· volunteer and career, when in the ·actual discharge of their official duties; (4) Emergency management agency officers of this state. or of any county, city, or town, when In the actual dlscharge of their official duties; (5) Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, If the use Is necessitated by a bona fide emergency, Including a natural or human occurrence that threatens human health, life, or property; (6) Employees or contractors of utility services providers acting within the scope of their employment; and (7) Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave standing their motor vehicles. (e) A traffic citation that Is based solely upon a violation of this section is considered a moving traffic violation. (f) The department of transportation Is directed to utlllze the department's permanent electronic overhead Informational displays located throughout this state to provide periodic messages to the motoring public as to this section. (g) The department of safety is directed to Include dlstrac:;ted driving as part of the Instructional Information used in driver education training. SECTION 2, Tennessee Code Annotated, Section 55-8-207, is amended by deleting the section In Its entirety. SECTION 3. This act shall take effect July 1, 2019, the public welfare requiring it. 3  -41- I. HOUSE.BILL NO. 164 PASSED: ______A..._p__ rl l.....3__.0...,. 1 2_.0..... 19__________ GLEN CASADA, SPEAKE HOUSE OF REPRESENTATIVES APPROVED this 2/ it of_M____..~411-=-·---- day 2019 BILL LEE, GOVERNOR  Tennessee General Assembly Legislation fIB O164 bylleffolsclaw (SB 0173) by*Swann Traffic Safety - As enacted, prohibits a person from physically holding or supporting, with any part of the person's body, a wireless telecommunications device or stand-alone electronic device while operating a motor vehicle; imposes other similar restrictions on activities such as texting; creates certain exceptions. - Amends TCA Title 55, Chapter 10 and Title 55, Chapter 8. . . . . HB0'164 has been assigned Public Chapter Number 412 by the Secretary of State. §:Summary FISCAL SUMMARY ·~----~-....,..- ...,,-----•-J•-..- - - ~ - - - - - - - - - - ~ - - - - - Not Available BILL SUMMARY ,..._.....,..,...,....,n.,, .. ,.,..,,.,.,...........,.•..,, _ _ _ _ _ _ N, _ _ _ _ _ _ _ _ _ _ _ _ _ ~•-•...-....--..-,.,...n..n••,_.•,_,...,,.,. _ _ _ _ _ _ _ ,~--.......-.•-•••-• Under present law, It is a Class C misdemeanor punishable only by a fine of up to $50.00, plus court costs not to exceed $10.00, for any person to knowingly operate a motor vehicle in any marked school zone in this state, when a warning flasher or flashers are in operation, and talk on a hand-held mobile telephone while the vehicle is in motion. A violation under present law Is a nonmovlng traffic violation and no points may be added to a driver record for the violation. Also, under present law, it is a delinquent act for a person under 18 years of age to knowingly operate a motor vehicle on any road or highway in Tennessee and talk on a mobile telephone that is equipped with a hands-free device while the vehicle is in motion. This bill makes the prohibition against operating a motor vehicle while talking on a hand-held mobile telephone for persons aged 18 years and older applicable on roads and highways in Tennessee while the vehicle is in motion. This bill clarifies that it is an offense for a perso_n less than 18 years of age to knowingly operate a motor vehicle on any road or highway in Tennessee and talk on a mobile telephone while the vehicle is in motion, regardless of whether a hands-free device is used. This bill Increases the maximum fine amount to $100, which may be increased to $200 If the violation results in an accident. This bill increases the maximum court ~sts for a violation to $50.00. This bill wapp.capitol.tn.gov/apps/BiDlnfo/OefaulLaspx?BUINumber-HB0164 1/3  7/1/2019 Tennessee General Assembly Legislation -43- changes the.nature of a violation from a nonmoving violation to a moving violation. Th is bill takes effect January 1, 2020. ON APRIL 17, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 164, AS AMENDED. AMENDMENT #1 rewrites this bill; and rewrites the present law provisions governing use of a mobile telephone or personal digital assistant to transmit or read written message while driving, use of hand-held mobile telephone in marked school zones, and prohibited use of mobile telephone with hands-free device by person under 18, so that the law will be as discussed below. Under this amendment, a person will be prohibited from doing the following while operating a motor vehicle on any road or highway in this state: (1) Physicafly holding or supporting, with any part of the person's body, a: (A) Wireless telecommunications device; however, a person 18 years of age or older may use an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; and may use a one button on a wireless telecommunications device to initiate or terminate a voice communication;.or (B) Stand-alone electronic device; (2) Writing, sending, or reading any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device; however a person 18 years of age or older may use such devices: to automatically convert a voice- . based communication to be sent as a message in a written f~rm; or for navigation of the motor vehicle through use of a device's global positioning system; · (3) Reaching for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be: in a seated driving position; or properly restrained by a safety belt; (4) Watching a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; and (5) Recording or broadcasting video on a wireless telecommunications device or stand-alone electronic device; however, this provision does not apply to electronic device~ used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle. In addition to the above-described exceptions to the prohibited conduct, the following will also be allowed under this amendment: a function or feature of a wireless telecommunications device or stand-alone electronic device may be activated or deactivated in a manner requiring the physical use of the driver's hand while the driver is operating a motor vehicle if: {A) The wireless telecommunications device or stand-alone electronic device is mounted on the vehicle's windshield, dashboard, or center console in a manner that does not hinder the driver's view of the road; and (B) The driver's hand is used to activate or deactivate a feature or function of the wireless telecommunications device or stand-alone electronic device with the motion of one swipe or tap of the driver's finger, and does not activate camera, video; or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than features or functions related to the transportation of persons or property for compensation or payment of a fee. · A violation of this amendment will be a Class C misdemeanor, subject only to imposition of a fine not to exceed $50.00. However, if the violation· is the person's third or subsequent offense or if the violation results in an accident, the fine will be $100; or if the violation occurs in a work zone when employees of the department of transportation or construction workers are present or in a marked school zone when a wapp.capitol.tn.gov/apps/Bllllnfo/Default.aspx?Bi11Number=HB0164 2/3  Tennessee General Assembly Legislation · warning flasher or flashers are in operation, the fine will be $200. A violator will be subject to the imposition of court costs not to exceed $10.00, including, but not limited to, any statutory fees of officers. State and local litigation taxes will not be applicable to a case prosecuted under this amendment. In lieu of any fine imposed, a first time offender may attend and complete a driver education course. This amendment does not apply to the following persons: (1) Officers of this state or of any county, city, or town charged with the enforcement of the laws of this state, or federal _law enforcement officers when in the actual discharge of their official duties; (2) Campus police officers and public safety officers when in the actual discharge of their official duties; (3) ~mergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and career, when in the a"ctual discharge of their official duties; _ (4) Emergency management agency officers of thi"s state or of any county, city, or town, when in the actual discharge of their official duties; (5) Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving ·a motor vehicle, if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property; (6) Employees or contractors of utility services providers acting within the scope of their employment; or (7) Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave standing their motor vehicles. A traffic citation that is based solely upon a violation of this amendment will be considered a moving traffic violation. · This amendment directs the department of safety to include distracted driving as part of the instructional information used in driver education training. This amendment changes the effective date to July 1, 2019. wapp.capitol.tn.govlapps!Billlnfo/Default.aspx?BillNumber=HB0164 3/3  -45- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM : Joe Fivas, City Manager DATE: July 8, 2019 RE: Build Grant SUMMARY: Staff has been working on the resolution to apply and participate in Better Utilizing Investments to Leverage Development (Build) Grant. We are anticipating numbers to be finalized by Friday, July 5. Once the numbers are finalized the resolution will be completed and distributed to the Council. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: Will be included in resolution. RECOMMENDATION: Staff recommends approval of this item.