Jan 27, 2022 Executive Meeting

[1) Presentation By Montgomery County Trustee, Kimberly Wiggins (Montgomery County Tax Collection Efforts)]

[00:00:13]

>> MA'AM TRUSTEE, WE WELCOME YOU TO THE CLARKSVILLE CITY COUNCIL.

THE FLOOR IS YOURS. WE WILL ASK YOU TO TURN YOUR MIC ON, THE BUTTON THAT SAYS ON AND OFF.

>> YA'LL ARE FANCY. WOW.

OKAY. >> MONTGOMERY IS TOO GOOD FOR

OUR TRUSTEE. >> THANK YOU, MAYOR.

AND TELL HELLO TO OUR HONORABLY COUNCIL.

I WANTED TO -- I KNOW WE HAVE NEW CITY COUNCIL MEN AND WOMEN AND WANTED TO GET OUT IN FRONT OF YOU MAKE SURE WE SHARE OUR EFFORTS AS WE WORK CLOSELY TOGETHER.

WANTED TO SHARE WITH YOU, ONE OF THE AREAS THAT IS VERY IMPORTANT IN REGARDS TO THE CITY GOVERNMENT IS OUR HOTEL/MOTEL OCCUPANCY TAX. I WANTED TO BRING YOU UP TO SPEED ON THAT. I HAVE MY CHIEF P DEPUTY AND STF ACCOUNTANT. THEY PUT THIS TOGETHER.

SO I'M VERY GRATEFUL. THE PURPOSE OF US AUDITING OUR HOTELS MOTELS, MAKE SURE THEY ARE PAYING WHAT THEY SAY IS DUE TO US, IT IS TIMELY AND ACCURATE MANNER.

UNLIKE MOST OF THE COUNTIES, ONE OF THREE WHERE THE TRUSTEE ACTUALLY COLLECTS THE HOTEL MOTEL OCCUPANCY TAX.

IT NORMALLY COMES THROUGH THE COUNTY CLERK'S OFFICE.

THAT'S A PRIVATE ACT OF 1979. WE USE AN AUDIT FIRM STONE, RUDOLPH AND HENRY, LOCAL TO CLARKSVILLE, YOU NEED TO BE AN ACCOUNTANT WITH THAT KIND OF BACKGROUND TO GO THROUGH THE FINANCES OF SOME OF OUR HOE HOT. ONE AREA WHERE YOU MAY BE CONCERNED, WHAT DOES THE TRUSTEE'S OFFICE DO IN GENERAL BESIDES COLLECT PROPERTY TAXES. WE INTERFACE WITH EVERY DEPARTMENT OF THE COUNTY AS WELL AS CITY OF CLARKSVILLE.

WE WORK AS COUNTY BANKER AND RISK MANAGEMENT COMPANY.

WE COLLECT THE REAL AND PERSONAL PROPERTY TAX, HOTEL MOTEL OCCUPANCY TAX AND PUBLIC UTILITY TAX.

WHEN THE SALES TAX IS PAID TODAY STATE, IT IS DISSEMINATED THROUGH OUR OFFICE ALONG WITH THE COAL AND MINERAL SEVERANCE TAX. WE AUDIT THE HOTELS, ADMINISTER THE TAX RELIEF AND TAX FREEZE PROGRAMS AND WE PARTNER WITH THE CITY OF CLARKSVILLE BECAUSE YOU ALSO ADMINISTER THE TAX REVILLE PROGRAM. TAX FREEZE PROGRAM IS ONE OF 39 COUNTIES WHO HAS THE FREEZE PROGRAM.

IT COMES THROUGH THE TRUSTEES OFFICE, MANAGED AT A LOCAL LEVEL OF THE THEN EFFECTIVE FEBRUARY 1ST OF 2021, THERE WAS AN INCREASE IN OUR WHEEL TAX AND WHAT THE COMMISSIONERS SAYS, WE WILL INCREASE THE TAX BUT WE HAVE TO LIFT THE BURDEN OFF OUR FOLKS WHO ARE UNDERPRIVILEGED. IF SOMEONE IS 65 OR OLDER, THEIR INCOME IS 25,000 OR LESS, THAT 25-DOLLAR INCREASE WILL BE REBATED BACK TO THEM THROUGH OUR OFFICE.

AND I THINK COUNC COUNCILWOMAN , WANTED TO MAKE IT EASY AND SUCCINCT. THERE IS HELP FOR THEM IN THIS ECONOMY WHERE INFLATION IS HEADED OUR WAY.

WANTED TO GIVE YOU AN UPDATE ON OUR LAST AUDIT.

WHAT WE FOUND OVER TIME IS THAT OUR HOTELS ISSUING US REPORTS, THEY ARE SPOT ON. AS YOU SEE, THEY ARE ACTUALLY ARE OVERPAYING IN SOME CASES. WE DO NOT SEND BACK PAYMENTS IN THE TRUSTEES OFFICE BUT WE WILL GIVE YOU CREDIT THE NEXT MONTH.

SO IN OUR LAST HOTEL/MOTEL AUDIT, WE HAVE FOUR HOTELS, NO FINDING, FIVE WHO HAD OVERPAID US AND THEN TWO WERE COLLECTING ADDITIONAL DOCUMENTATION. THERE'S A PANDEMIC, SO SOMETIMES THERE'S A LACK OF STAFFING TO GET THAT INFORMATION BUT ALL HOTELS, WE HAVE OVER 40 OF THEM, THEY ARE VERY RESPONSIVE AND THEY GIVE US WHAT WE NEED TO MAKE SURE THAT WE CAN COMPLETE OUR AUDITS PER OUR STATE MAN MANDATE.

OUR LAST AUDIT WE HAD A HOTEL WHO HAD AN OUTSTANDING BALANCE OF $202. THEY HAVE REMITTED THAT MONEY TO US. THEY COME IN PRETTY QUICKLY BECAUSE THEY DON'T WANT TO BE OUT OF COMPLIANCE WITH US.

WE REALLY APPRECIATE IT. THE NEXT QUESTION THAT WE USUALLY GET IS WHERE ARE WE AND HOW ARE WE DOING ON OUR STAYS IN MONTGOMERY COUNTY. SO I GAVE YOU A HISTORICAL SNAPSHOT FROM 2019 TO 20 TO 21. AS YOU CAN SEE ON THE BOTTOM LINE, 2019, WE WERE AT ABOUT $3.6 MILLION IN OCCUPANCY TAX.

2020, OF COURSE, TOOK A MILLION DOLLAR HIT.

[00:05:02]

ONE UPDATE THAT WE WANTED DESPERATELY, WE KNOW WE HAVE THE SHORT-TERM RENTALS WHO HAVE COME TO TOWN IN AND CLARKSVILLE HAS BECOME A POPULAR PLACE. WE HAD TO GO OUT AND FIND THE SHORT-TERM RENTALS AND FIGURE OUT WHO IS DOING WHAT, WHO IS RENTING THEIR HOME AND GET THEM TO REMIT THIS TAX.

SO JULY 15 OF 2020, GOVERNOR LEE SIGNED INTO LAW THAT ALL SHORT-TERM RENTAL COMPANIES MUST REMIT THAT THROUGH THE DEPARTMENT OF REVENUE. WE ARE GRATEFUL THIS HAS HAPPENED AND STARTED JANUARY OF 2021.

TRAINING SESSIONS, THEY WANT TO DO THE RIGHT THING WITH THE HOTEL MANAGERS. COMMON DEFICIENCY WERE THEM TRYING TO DECIDE WHAT PENALTY INTEREST THEY OWE US, HOW TO USE THE FORMS AND WHAT A 30-DAY OCCUPANT IS.

I WILL SHARE MORE ABOUT THAT IN A MINUTE.

SO I WANT TO SHOW YOU THE REVENUE.

THESE ARE JUST ON THE SHORT-TERM RENTALS.

OF COURSE, WENT INTO LAW IN JANUARY.

THE MONEY STARTS TO BE DISSEMINATED THROUGH THE DEPARTMENT OF REVENUE, MARCH WAS FIRST MONTH OF RECEIVING REVENUES. AS OF DECEMBER WE RECEIVED $166,000.743.7. $166,000.

>> THE PEOPLE WHO PAY THE TAX IS THOSE WHO COME AND STAY FROM OUT OF TOWN. THERE IS NO REFUND OF AN OCCUPANCY TAX EXCEPT ONCE SOMEONE STAYS LONG-TERM ON THE 31ST DAY, THEY DON'T CHECK OUT AND THEY STAY CONSECUTIVELY, THEY CAN RECEIVE A REFUND. BUT WE HAD TO HELP THE HOTELS BECAUSE SOME OF THEM DIDN'T HAVE A RULE IN PLACE OR HOW THEY WOULD HANDLE IT. WE HELPED THEM WITH THAT.

IT IS UP TO THEM. SOME PEOPLE GIVE A REFUND, SOME PEOPLE CREDIT TO THE ROOM. IT IS UP TO THEM.

WE NEED TO BE ABLE TO TRACK IT WHEN WE ARE AUDITING THEIR HOTEL. SO WE HELPED THEM WITH POLICY.

THEN THEY WANTED TO KNOW WHO IS EXEMPT FROM OCCUPANCY TAX.

NO ONE IS EXEMPT FROM OCCUPANCY TAX.

THEN THEY WANTED TO KNOW HOW MUCH DO WE COLLECT.

THAT IS IN OUR PRIVATE ACT AND THAT IS SOMETHING THAT IS GIVEN TO US FROM -- AT THE COUNTY LEVEL.

THE NEXT QUESTION BECOMES, WELL, HOW MUCH DOES A CITY GET.

WHO IS GETTING THE MONEY, WHERE DOES IT GO AND I COUL WHY DO YOU COLLECT IT? 12.5% CITY OF CLARKSVILLE GENERAL FUND, 37% TO TOURISM AND PROMOTION FUND.

50% TO MONTGOMERY COUNTY. 25 TO CLARKSVILLE, 50% TO THE PROMOTION AND TOURISM BOARD AND 25% TO MONTGOMERY COUNTY.

WE INCREASED THAT AMOUNT FROM THE DOCUMENTS THAT WE HAVE BECAUSE IT IS THEIR RESPONSIBILITY TO FILL THE BIDS IN MONTGOMERY COUNTY OF OUR HOTELS.

MOK. >> ANY QUESTIONS.

>> THE OCCUPANCY TAX, FOR THE SHORT-TERM RENTALS, I'M NOT USING THE RIGHT TERM, WHAT ARE YOU SEEING IN THE COUNTY AS WELL? DO YOU SEE MUCH FROM THE COUNTY.

>> SO WHAT HAPPENS RIGHT NOW, ALL OF THOSE FUNDS BYPASS MY OFFICE. AND THEY ARE BUNDLED LIKE SALES TAX INTO ONE PAYMENT. THE STATE TAKES A VERY SMALL PERCENTAGE OF THAT, OF REVENUE. THE GOOD NEWS IS WE WERE INITIALLY TRYING TO FIND HOTELS, SHORT-TERM RENTALS AND HOPING THAT WE FOUND THE RIGHT ONE. IT WAS, AS YOU KNOW, QUITE THE UNDERTAKING. WE DON'T HAVE TO DO THAT ANYMORE. IT IS ALL DUE TO THE GOVERNOR SIGNING IT INTO LAW. SO WHOEVER HAS A SHORT-TERM RENTAL, CITY OR COUNTY, THOSE FUNDS COME THROUGH THE DEPARTMENT OF REVENUE, DISSEMINATED ACCORDING TO THIS FORMULA THAT THE CITY AND COUNTY HAVE ESTABLISHED.

>> WHERE DO THEY REGISTER? I KNOW THAT WE HAVE A PROCESS BUT WHERE DO THEY -- OTHER -- NOW BECAUSE OF NEW LAW, THEY HAVE TO REGISTER ANYWHERE ELSE OTHER THAN WHAT WE ARE ASKING

THEM TO DO IN THE CITY? >> NO, MA'AM.

>> THANK YOU. >> OKAY, THANK YOU, ANY OTHER QUESTIONS? THANK YOU, MADAM TRUSTEE FOR BEING WITH US, TO SIDNEY AND JEFF.

AND TO THE OTHER HALF OF THE O O'NEAL WIGGINS FAMILY.

[2) PLANNING COMMISSION]

[00:10:01]

WE ARE ON ITEM 1. 1. ORDINANCE 71 -2021-22 (FIRST

READING) >> JUST AS A REMINDER, WHAT HAPPENED LAST MONTH, WE WEREN'T ABLE TO HAVE A FIRST HEARING ON ALL THE CASES FROM THE PLANNING COMMISSION AGENDA, ANYTHING THAT REQUIRED A PUBLIC HEARING WAS DEFERRED UNTIL THIS MONTH.

STATE LAW REQUIRES US AT LEAST 15 DAYS PRIORITY THAT MEETING TO HAVE AN AD IN THE PAPER OF WHEN THE PUBLIC HEARING WAS.

WE COULDN'T HAVE DONE THAT BY THE TIME YOU SCHEDULED YOUR SPECIAL CALL MEETING LAST MONTH. SO THERE WILL BE A DOUBLE DOSE THIS MONTH. GOOD NEWS, THERE IS NOT A LOT OF GOOD CASES. I WILL GO THROUGH ALL THE CASES FROM LAST MONTH BRIEFLY. IF YOU HAVE ADDITIONAL QUESTIONS, PLEASE BRING THEM UP. BUT FOR THE FIRST SEVERAL CASES, I'M JUST SHOWING YOU THE MAPS AND KIND OF REMINDING YOU WHAT IS ON THE AGENDA FOR NEXT WEEK. FIRST CASE IS ORDINANCE 71, APPLICATION OF BEN KIMBROUGH. ZONED C5 AND R2, REQUESTING R4.

AND 18.32 ACRES. I WILL PAUSE IF THERE ARE ANY

QUESTIONS. >> BECAUSE WE WENT OVER IT LAST MONTH. THERE IS AN ABBREVIATED PRESENTATION FOR THESE. ANY QUESTION ABOUT ORDINANCE 71? OKAY. ITEM 2, ORDINANCE 72, MR

MR. CONTINUEDALL. >> THIS IS REQUESTING R2 TO R6 OF HUNTER WINN, CODY HEGGIE. THEY LOSE PROPERTY TO FUTURE DRAINAGE THEY HAVE TO INSTALL. SEVERAL R6 LOTS CLUSTERED ON THE PROPERTY. BOTH PLANNING AND STAFF RECOMMENDED APPROVAL. I WOULD SAY OF THE LAST ONE, BOTH STAFF AND COMMISSION RECOMMENDED APPROVAL OF THAT

ONE. >> THANK, CO COUNCIL PERSON

REYNOLDS. >> IT IS A STEEP LARGE SINKHOLE.

BASICALLY WE WILL ALLOW THEM TO PUT MORE HOMES NEAR A FLOODPLAIN INSTEAD OF A FEW. WE TALK ABOUT DRAINAGE, WHEN I DRIVE BY THESE NEWER AREAS WE ARE BUILDING, IT IS LIKE BUILDING BIG HOLES IN THE GROUND WITH SOME SORT OF DRAIN.

WIDE OPEN, NOT VERY ATTRACTIVE. IS THAT THE KIND OF DRAINAGE THEY ARE GOING TO PUT IN THIS AREA IN.

>> I WILL TRY TO ANSWER AS BEST I CAN.

DRAINAGE IS HANDLED BY THE STREET DEPARTMENT.

BUT THAT HAS A DRY STREAM BED THAT RUNS THROUGH IT.

LIKELY PRESERVE THE STREAM BED, POSSIBLY ENHANCE IT, DEEPENING IT AND WIDEN IT, SO WHEN THERE IS AN EVENT, IT CAN HOLD A LITTLE MORE. WHAT YOU ARE SEEING IN OTHER PLACES, TENSION BASINS, FILLS OUT AND GOES OVER TIME THROUGH A CONTROL STRUCTURE THAT RELEASES IT AT A CERTAIN GALLONS PER MINUTE. IT IS DEFINITELY MORE THAN THAT, BUT IT IS CONTROLLED RATE, THAT CONTINUES WATER IN THE SAME DIRECTION. BUT IT HAS TO MATCH WHAT IS CURRENTLY COMING OFF THE PROPERTY.

SO THEY HAVE TO MAINTAIN THE SAME DRAINAGE.

THEY CAN'T INCREASE THE AMOUNT OF WATER OR RATE OF WATER OFF

THAT PROPERTY. >> AND WE DON'T HAVE ANYTHING IN WRITING THAT DESCRIBES WHAT THEY SHOULD LOOK LIKE, DEPENDING ON WHERE THEY ARE BUILDING THEM AND THE SAFETY.

>> NOT IN THE ZONING. WE HAVE STORM WATER MANUAL AND REGULATIONS CONTROLLED BY THE STREET DEPARTMENT.

I CAN'T REALLY DESCRIBE WHAT THEY MAY BE LOOKING FOR IN

ADDITION. >> IT IS FAIRLY EXTENSIVE IN WRITING, THE STORM WATER MANUAL THAT MR. TINDELL JUST DESCRIBED.

IT IS A COMPLICATED DOCUMENT THAT WE HOLD DEVELOPER'S FEET

TO. >> BUT NOT ATTRACTIVENESS.

>> WELL -- >> THANK YOU.

>> ANY OTHER QUESTIONS REGARDING THIS ORDINANCE 72? SEEING NONE, WE ARE ITEM 3, ORDINANCE 73, MR. TINDELL.

>> THIS IS THE APPLICATION OF CLARKLAND DEVELOPMENT.

BETTER SINGLETARY. CURRENTLY ZONED 01, REQUESTING TO R4. 01 USED TO ALLOW FOR MULTIFAMILY. IT WAS TAKEN OUT IN 201.

PLANNING AND COMMISSION STAFF RECOMMENDED APPROVAL.

>> COUNCILPERSON REYNOLDS YOU ARE RECOGNIZED.

>> I CAN'T REMEMBER WHETHER IT WAS AT THE PLANNING COMMISSION OR HERE THAT WE HAD PEOPLE SPEAK AGAINST THIS.

IT IS -- IF YOU DRIVE THIS AREA, WE IS, AGAIN, A MISSED

[00:15:02]

THIS WAS NEW ALMOST ALL NEW BUILDINGS AND WE STILL ONLY HAVE ONE ENTRANCE, ONE MAIN ENTRANCE WITH THE LIGHT ON IT IN AND OUT OF THIS AREA. THIS IS THE SAME ENTRANCE SHARED BY THE HOSPITAL. SO IT IS, WHEN THE RESIDENTS CAME AND SAID THERE WAS AN ACCESS ISSUE, THEY WERE NOT EXAGGERATING. WE CERTAINLY COULD HAVE DONE BETTER IN A BRAND NEW DEVELOPMENT THAN WE DID IN THIS AREA. I WAS DISAPPOINTED AND I DID SEE

EXACTLY THEIR POINT. >> ANY OTHER QUESTIONS REGARDING ORDINANCE 73. SEEING NONE, ORDINANCE NO. 74.

MR. TINDELL. >> THIS IS THE APPLICATION OF JJJOHNATHAN BLICK AND SEAN ROBERTSON.

STAFF RECOMMENDED APPROVAL. >> COUNCILPERSON REYNOLDS.

>> I DID RECEIVE EMAILS AS THE COUNCILPERSON FOR THIS DISTRICT.

IT IS EXTENDING FROM THE FRONT SIDE, ONE OF THE INDIVIDUALS THAT WROTE A NOTE TO ME WANTED ME TO RECOGNIZE, SAYING R2 BUT THERE IS ALREADY BUSINESSES THAT ARE NOT -- THAT ARE VAC VACANT N THE AREA. THE RITE RITE AID IS COMING BACK OPEN. ARE WE GOING TO DO MIXED USE OR USING THE C2 TO PUT IN APARTMENTS.

APARTMENTS DO NOT FIT INTO THIS DISTRICT.

IT IS AN HISTORICAL, MID CENTURY AREA.

THEY DONE WANT APARTMENTS THERE. >> THANK YOU.

ANY OTHER QUESTIONS REGARDING THIS ARR ORDINANCE.

SEEING NONE. READY FOR ORDINANCE 75.

MR. TINDELL. >> THIS IS ALSO CARRIED FROM LAST MONTH, APPLICATION BY J JOHNATHAN BLICK, REQUESTING FOGO GO TO A DUPLEX ZONE. COULD SUPPORT ONE OR TWO STRUCTURES. THIS IS THE TOE P TOPOGRAPHY LIO SHOW YOU THEY CAN'T GO DEEPER ON THE PROPERTY.

PLANNING COMMISSION AND STAFF RECOMMENDED APPROVAL OF THIS.

>> THANK YOU, MR. TINDELL, ANY QUESTIONS FROM COUNCIL? SEEING NONE, WE ARE READY FOR ITEM 6, ORDINANCE 76.

MR. TINDELL. >> ALSO A CARRY OVERFROM LAST MONTH, CURRENTLY ZONED R3, REQUESTING TO GO TO R4.

IT IS AN EXTENSION OF THE R4 IN THE AREA AS YOU SEE, AREA TO THE NORTH AND WEST IS R4. PLANNING COMMISSION AND STAFF

DID RECOMMEND APPROVAL OF THIS. >> THANK YOU, COUNCILPERSON REYNOLDS. YOU ARE RECOGNIZED.

>> I DROVE THIS AREA, THE ROAD WHERE YOU TURN OFF FROM THE MAIN ROAD, THAT IS VERY NARROW. FELT LIKE ONLY ONE CAR COULD PASS. AS I CAME DOWN THE ROAD DID WIDEN BUT YOU COULD NOT REALLY PASS TWO CARS.

THEN YOU COME DOWN TO WHERE THEY ARE PROPOSING TO BUILD AND IT IS VERY, VERY NARROW AGAIN. IT IS ONLY -- IT IS A VERY ONE AND A HALF CAR, VERY NARROW ROAD.

AND NOTICE BEHIND IT, I THINK IT IS ALL -- I MEAN, THAT WHOLE AREA IS WIDE OPEN TO BE DEVELOPED.

MY CONCERN IS TBHEERT PLANNING T PLANNING ON INFRASTRUCTURE DEVELOPMENT. THIS IS ONE LITTLE PIECE AS WE START MOVING FORWARD. THAT ROAD IS VERY NARROW.

IT IS A DISSERVICE TO OUR COMMUNITY IF WE BUILD ON THIS ROAD WITHOUT A PLAN TO WIDEN IT AND MAKE IT SAFER.

THERE'S NO COMMENTS FROM THE STREET DEPARTMENT.

I WILL BE VOTING NO UNLESS THERE IS A PRESENTABLE PLAN THAT WILL BRING MORE TRAFFIC IN AND OUT. BECAUSE IT IS GOING TO CONTINUE TO INFILL DOWN THERE. WE HAVE TO START SOMEWHERE FIXING THAT ROAD TO SUPPORT THE UPCOMING BUILDING.

>> ANYONE ELSE HAVE COMMENT OR QUESTION REGARDING THIS ORDINANCE 76? SEEING NONE, ITEM 7, ORDINANCE

77, MR. TINDELL. >> IN ADDITION, THIS IS A CARRY OVERFROM LAST MONTH. JRS AGENT OF REX HAWKINS, 4.91 ACRES, CURRENTLY ZONED R1,

[00:20:02]

APPROVAL. >> ANY QUESTIONS REGARDING ORDINANCE 77? ITEM 7? SEEING NONE, ITEM 8, ORDINANCE 82, MR. TINDELL.

>> THOUSAND WE ARE INTO THE NEW STUFF.

THE FIRST CASE TODAY IS PLANNING COMMISSION APPLICATION OF TERRANCE BERNIE AND MID STATES INVESTMENTS, CURRENTLY DON'T R3 REQUESTING TO GO TO R6. IT IS NOT AN EXTENSION OF THE R6. AS YOU CAN SEE ON THIS MAP IN THE BROWN AREA, R6 SCATTERED THROUGHOUT THE NEIGHBORHOOD.

GIVENS LANE AND DICE LANE. CITY COUNCIL WARD NO. 6.

REMEMBER, AS OF THIS MONTH, WE ARE USING THE NEW COUNCIL WARDS IN ALL THESE REPORTS. IT IS A DUAL FRONTAGE LOT, GENTLE SLOPE BETWEEN TWO NARROW RIGHTS OF WAY.

THE APPLICATION STATEMENT IS THE REZONING WILL PROVIDE THE BEST USE FOR AFFORDABLE SINGLE FAMILY HOMES ON VACANT INFILL LOT.

AND HERE IS -- OFF OF NATHANIAL STREET.

EACH HAS FOUR OR FIVE HOMES ON THEM TO BEGIN WITH.

BOTH CONSIDERED DEAD ENDS RIGHT NOW.

ONE OF THE STREET DEPARTMENT COMMENTS ARE OBVIOUSLY WITH R6, SIDEWALK IS REQUIRED. BUT GIVENS LANE AND DICE COURT, ROADWAY MAY NEED TO BE WIDENED. THIS WAS MENTIONED TO THE APPLICANT, SO THEY ARE AWARE OF IT.

THEY WILL HAVE TO ADDRESS THAT WHEN THEY COME INTO SUBDIVISION.

PROPERTY, CURRENTLY VACANT. HAD SOME STRUCTURES ON IT AT ONE POINT. LEVEL LAND, THE MAJORITY OF IT FACES GIVENS VERSUS DICE. THEY COULD HAVE ACCESS TO EITHER ROAD OUT THERE. IT MAY REQUIRE WATER UPGRADES.

NO OTHER COMMENTS OR CONCERNS. HISTORICAL ESTIMATES PUT THIS AT FIVE UNITS. LIKELY FOUR IF THEY HAVE TO DO THE CONNECTION OF THE ROADS. STAFF RECOMMENDS APPROVAL.

THE PROPOSED ZONING REQUEST IS CONSISTENT WITH THE LAND USE PLAN. PROPOSED R6 IS NOT OUT OF CHARACTER WITH SURROUNDING DEVELOPMENTS.

NO ADVERSE ENVIRONMENTAL ISSUES WERE IDENTIFIED.

PLANNING COMMISSION ALSO RECOMMENDS APPROVAL.

>> THANK YOU, MR. TINDELL. ANY QUESTIONS REGARDING ORDINANCE 83? ALL RIGHT, WE ARE NOW READY FOR ITEM 9 -- THAT WAS 82, EXCUSE ME.

THANK YOU. ITEM 9, ORDINANCE 83.

>> APPLICATION OF BIZHAN EBRAHIMI.

THIS IS NOT AN EXTENSION OF THE R2.

THIS IS GREEN WOOD AVENUE, AN AREA KNOWN AS FIVE POINTS.

THE ENTIRE PROPERTY INCLUDES EVERYTHING IN C1 RIGHT NOW BUT THEY JUST RECENTLY BROUGHT IN A SUBDIVISION PLAT TO SUBDIVIDE THIS OFF FROM THE GAS STATION, THE MAIN PORTION OF THE PRO PROPERTY. THE GAGS GAS STATION IS NOT PAF THE REQUEST. IT IS THE UNDEVELOPED LAND BEHIND IT. THE APPLICANT STATEMENT IS THAT CURRENT ZONING WOULD ALLOW FOR A COMMERCIAL-ONLY BUT NOT ANY RESIDENTIAL COMPONENT. THE INTENT IS TO BUILD SOME TYPE OF TOWN HOME MULTIFAMILY DEVELOPMENT.

AS WAS MENTIONED TO US, YOU WILL HEAR IN THE PUBLIC COMMENTS NEXT WEEK THAT THE APPLICANT IS GOING TO KIND OF WAIT AND SEE WHAT HAPPENS WITH THE CORNER STORE. THIS IS THE CORNER PROPERTY THAT'S NOT PART OF THE REZONING RIGHT NOW.

THERE IS FOOD TRUCKS THAT GET PARKED THERE.

THERE IS A RESTAURANT OR FOOD SERVICE OF SOME SORT AS WELL AS THE GAS STATION ON THE CORNER. THE GAS STATION IS UNDERGOING A RENOVATION. THEY WR WANT TO SEE HOW THAT TUS OUT. IF THEY WILL SUPPLEMENT WITH RESIDENTIAL AND COMMERCIAL OR JUST DO RESIDENTIAL OR COMMERCIAL. MORE A SPECULATIVE REZONING THAN WE TYPICALLY GET BUT IN AN AREA THAT IS REDEVELOPING.

[00:25:03]

THERE'S THE GAS STATION IN QUESTION.

THE TREE LINE, FENCE LINE IS THE DIVIDING LINE BETWEEN THE TWO PROPERTIES. COMMENTS FROM OTHER DEPARTMENTS, THE STREET DEPARTMENT JUST REMINDED THEM THEY MUST FOLLOW THE ACCESS ORDINANCE, ACCESS TO WOODMONT, YOU CAN SEE THE COMMENTS FROM THE SCHOOL SYSTEM REGARDING THE CAPACITY IF THIS WAS BUILT AS RESIDENTIAL PROPERTY.

HISTORIC ESTIMATES PUT THIS UP TO 36 UNITS IF IT IS ALL USED FOR RESIDENTIAL. STAFF RECOMMENDS APPROVAL.

THE REQUEST IS CONSISTENT WITH THE LAND USE PLAN.

C2 PERMITS THE OPPORTUNITY FOR GENERAL GOODS AND SERVICES WITH ADDITIONAL OPPORTUNITIES FOR MIXED USE RESIDENTIAL.

THE ADOPTIVE LAND USE PLAN STATES THAT MIXED USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT SHOULD BE ENCOURAGED. SOUTH CLARKSVILLE PLANNING AREA HAS SEEN AN INTEREST IN REDEVELOPMENT.

GREAT LINKAGE TO THE COMMUNITY AND INFILL SHOULD BE ENCOURAGED IN THIS AREA. ADEQUATE INFRASTRUCTURE SERVES THE SITE AND NO ADVERSE ENVIRONMENTAL ISSUES WERE IDENTIFIED. THE PLANNING COMMISSION

RECOMMENDS APPROVAL. >> COUNCILPERSON REYNOLDS.

>> IS THIS 83 AND 82, WE DIDN'T HAVE THE POPULATION, THE POSSIBLE POPULATION. I WAS WONDERING WHY THAT WAS

NOT. >> JUST AN OVERSIGHT.

IF YOU WANT TO MULTIPLY IT BY 2.75 AND COME UP WITH A NUMBER,

WE CAN BRING THOSE BACK TO YOU. >> THAT'S THE NUMBER, 2.75.

>> THAT'S THE NUMBER WE HAVE USED FROM THE PREVIOUS CENSUS.

WE DON'T HAVE THE UPDATED NUMBER.

>> OKAY. >> WE WILL HAVE A BETTER IDEA

WITH THE BREAKDOWN. >> ANY OTHER QUESTIONS REGARDING ORDINANCE 83? SEEING NONE, HEARING NONE, EYE

FITEMTEN, ORDINANCE 84. >> APPLICATION OF MOORE CONSTRUCTION GROUP. THIS IS .56 ACRES, A PORTION OF THIS PROPERTY, NOT THE ENTIRE PROPERTY, CURRENTLY ZONED M2 REQUESTING TO GO TO C2. PROPERTY HAS A MULTISTORY BUILDING ON SITE AS WELL AS CONSTRUCTION YARD AROUND IT.

THE APPLICANT STATEMENT FOR USE IS TO ALLOW FOR A MEDICAL OF OFFICE. YOU HAVE PASSED THIS BUILDING MANY TIMES, MOORE CONSTRUCTION COMPANY.

THEY ARE GOING TO RENOVATE THE INSIDE FOR A MEDICAL OFFICE OR OTHER OFFICES WHICH C2 DOES ALLOW.

THE PROPERTY TO THE LEFT THERE WAS RECENTLY REZONED AS WELL FROM M1 TO C2 FOR OFFICE USES AS WELL.

THIS AREA IS IN TRANSITION. WE HAVE HAD A LOT OF DIFFERENT COMMERCIAL AND THE INDUSTRIAL PROPERTIES HAVE BEEN SLOWLY CONVERTING OVER TO C5 AND C2 USES OUT THERE.

THERE WERE NO COMMENTS OR CONCERNS RECEIVED FROM THE OTHER DEPARTMENTS. THE PLANNING COMMISSION RECOMMENDS APPROVAL. CONSISTENT WITH THE LAND USE PLAN. C2 COMMERCIAL DISTRICT IS MORE COMPATIBLE WITH THE SURROUNDING USES THAN CURRENT M2.

THE EXISTING STRUCTURE DOES NOT LEND ITSELF TO INDUSTRIAL OPERATIONS. THIS ARETHE PLANNING COMMISSIONO

RECOMMENDING APPROVAL. >> THANK YOU, MR. TINDELL.

ANY COMMENT OR QUESTION REGARDING ORDINANCE 84?

>> SEEING NONE, HERE NONE, NOW READY FOR ITEM 11, ORDINANCE 78,

MR. TINDELL . >> THIS IS A CARRYOVER.

IT WASN'T A ZONING CASE FROM LAST MONTH.

ORDINANCE TO REAPPORTION WHAT WAS JUST ADOPTED BACK IN DECEMBER, THE NEW WARD SYSTEM. IT WAS AN ANNEXATION THAT CAME ON THE HEELS OF THIS. THIS IS TO ADD THE 12 ACRES WORD NO. 7. WILL NOT REQUIRE PUBLIC HEARING,

JUST TWO READINGS. >> ANY QUESTIONS OR COMMENTS REGARDING THIS ORDINANCE? SEEING NONE, HEARING NONE.

NOW READY FOR ITEM 12, RESOLUTION 39.

MR. TINDELL. >> 39 AND 40 ARE BOTH ON THIS SLIDE. WHEN WE DO ANNEXATIONS, SIX MONTHS AFTERWARD WE NEED TO DO A PLAN OF SERVICE UPDATE.

WE HAVE DONE THAT FOR THESE. IN RESOLUTION 39, THAT WAS THE LAND OFF OF SHAW DRIVE, THE PROGRESS REPORT HAS NOT BEEN COMPLETED YET. CDE IS STILL IN THE PROCESS OF NEXT 12 MONTHS GETTING ELECTRICITY AND BROADBAND OUT TO

[00:30:05]

LAW. >> ANY COMMENT OR QUESTION.

RESOLUTION 39 AND 40, CORRECT? >> TWO DIFFERENT PUBLIC HEARINGS

THOUGH. >> TWO DIFFERENT AREAS, TWO DIFFERENT PUBLIC HEARINGS. ANY COMMENT OR QUESTION REGARDING RESOLUTION 39 AND REGURESOLUTION 40?

ITEM 14, RESOLUTION 41 41. >> THIS IS A CARRY OVER, AN ALLEY PARALLEL TO WOODMONT BOULEVARD.

ONE OWNER HAS REQUESTED IT, TALKED TO THE OTHER PROPERTY OWNERS. NO OBJECTION.

NO ONE CAME TO THE PLANNING COMMISSION TO SPEAK ON THIS.

HOWEVER, IT DOES REQUIRE PUBLIC HEARING WHICH IS WHY IT WAS DELAYED. AND IT WOULD TURN ALL THAT PROPERTY OVER TO THE ADJACENT PROPERTY OWNERS OVER TIME AND ALLOW THEM TO INCORPORATE IT AS PART OF THEIR PROPERTIES.

NO UTILITIES IN THIS AREA. IT IS A NICE IMPROVEMENT OF AN

[3) CONSENT AGENDA]

ALLEY. >> ANY COMMENTS ON ITEM 14.

SEEING NONE, THANK YOU, SIR. >> I'M DONE.

>> MA'AM CLERK, WE ARE READY FOR THE CONSENT AGENDA.

ALL ITEMS IN THIS PORTION OF THE AGENDA ARE CONSIDERED TO BE ROUTINE AND NON-CONTROVERSIAL BY THE COUNCIL AND MAY BE APPROVED BY ONE MOTION; HOWEVER, A MEMBER OF THE COUNCIL MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION UNDER THE APPROPRIATE COMMITTEE REPORT: ORDINANCE 69-2021-22 (SECOND READING) AUTHORIZING THE DONATION OF SWAN LAKE TENNIS COURT LIGHTING TO THE CLARKSVILLE ACADEMY.

ORDINANCE 70-2021-22 (SECOND READING) AN ORDINANCE ACCEPTING THE DONATION OF CERTAIN REAL PROPERTY FROM JEFFERY D. BURKHART AND WILLIAM L. BELEW, JR. AND MICHELLE BELEW TO THE CITY OF CLARKSVILLE FOR RIGHT OF WAY AND EASEMENT PURPOSES FOR THE ALLEN ROAD INTERSECTION IMPROVEMENT PROJECT ADOPTION OF MINUTES: JANUARY 6, JANUARY 12

>> THANK YOU, MADAM CLERK. ANY QUESTIONS?

[4) FINANCE COMMITTEE]

YOU ARE RECOGNIZED. COUNCILPERSON STACEY STREETMAN RESOLUTION 42-2021-22 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $56,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS OF THE CITY OF CLARKSVILLE, TENNESSEE; MAKING PROVISION FOR THE ISSUANCE, SALE AND PAYMENT OF SAID BONDS; ESTABLISHING THE TERMS THEREOF AND THE DISPOSITION OF PROCEEDS THEREFROM; AND PROVIDING FOR THE LEVY OF TAXES FOR THE PAYMENT OF DEBT SERVICE ON THE BONDS. FINANCE COMMITTEE DID VOTE FOR

APPROVAL OF THIS RESOLUTION. >> ANY COMMENT OR QUESTION REGARDING THIS RESOLUTION? COUNCILPERSON BUTLER.

>> THANK YOU, MAYOR. CAN SOMEONE PUT THIS INTO NORMAL

PEOPLE'S TERMS FOR ME. >> ABSOLUTELY.

WE HAVE OUR CFO IN THE AUDIENCE. >> NO SHAME.

>> NORMAL PEOPLE TERMS. SO THIS IS AN INITIAL RESOLUTION IS WHAT WE NEED APPROVAL FROM YOU ALL IN ORDER TO GO TO MARKET TO ISSUE BONDS AND THAT WILL GIVE US THE REVENUES TO PAY FOR ALL OF THE CAPITAL PROJECTS THAT HAVE BEEN PREVIOUSLY APPROVED.

WE HAVE $85 MILLION OF AUTHORIZED BUT UNISSUED DEBT.

WE ONLY ISSUING IT AS WE NEED THE FUNDS TO PAY FOR PROJECTS.

OLDER PROJECTS, THESE ARE NOT THE MAYOR'S 2020 PLAN.

THEY ARE OLDER PROJECTS BACK FROM 2017 AND FORWARD.

>> ANY OF THEM SPECIFIC OFF THE TOP OF YOUR HEAD.

>> I CAN TELL YOU, YES. >> I WASN'T HERE THEN.

>> SO SOME OF THEM ARE LIKE THE FIRE MAINTENANCE FACILITY.

THAT'S ONE OF THEM. THE ATHLETIC COMPLEX IS ANOTHER.

THESE ARE PROJECTS THAT WERE APPROVED, PERFORMING ARTS CENTER BACK IN 2013. SOME OF THESE ARE VERY OLD PROJECTS THAT GOT A LITTLE MORE FUNDING AS THE TIME WENT ON.

IT WILL FUND SOME OF THE FROSTY MORN MONEY THAT WAS OLDER.

THE PEDESTRIAN BRIDGE, A LOT OF THAT WAS PAID FOR WITH A GRANT BUT THE MATCHING SHARE WOULD NOT BE.

PART OF THE WIT FIELD ROAD PROJECT, SAME THING WITH SPRING CREEK. OLD FUNDING APPROVED PREVIOUSLY.

NOT THE NEW FUNDING THAT'S IN THE TRAFFIC 2020.

SO IT IS QUITE A FEW. FIRE TRUCKS IN THERE.

QUITE A FEW THINGS. AND THIS 50 WHATEVER, THE TOTAL

[00:35:04]

SO ONE PIECE IS A REFUNDING. WE'RE GOING TO SAVE ABOUT A MILLION DOLLARS BY SOME CALLABLE DEBT AND REFUNDING IT.

IT IS LIKE REFINANCING YOUR MORTGAGE.

WE WILL SAVE ABOUT A MILLION DOLLARS THERE.

THAT'S A PORTION OF IT. THE OTHER PORTION 26 MILLION OF THE 50 MILLION IS GOING TO BE, AT SOME POINT, REPAID BY THE PARKING FUND BECAUSE THAT IS GOING TO BE FOR THE ENTERPRISE FUND BUT THEY CAN'T AFFORD TO ISSUE REVENUE BONDS YET.

SO WE'RE GOING TO DO IT FOR THEM AND THEY ARE GOING TO REPAY US LATER. WE WILL DO A FULL AMORTIZATION SCHEDULE WITH THE GARAGES ARE DOWN.

THE BALANCE OF THAT, $24 MILLION, WILL COVER THESE

CAPITAL PROJECTS. >> LIKE OUR --

>> STILL A MOUTHFUL. >> THANK YOU.

>> COUNCILPERSON REYNOLDS YOU CAN RECOGNIZED.

>> A LARGE PORTION OF THIS WILL BE USED TO BUILD A GARAGE BEHIND THE ROXY. I'M NOT EXACTLY SURE WHERE IT IS LOCATED. CONGRESS AND FRANKLIN AND THERE'S SUPPOSED TO BE A CROSSWALK BETWEEN THE GARAGE AND

FRANKLIN, STHEARK? IS THAT CORRECT?>> THAT'S CURREE

THAT IS PREFERRED. >> IT IS NOT COMMITTED TO.

>> NOT YET. >> WHEN WILL THAT BE COMMITTED?

>> VERY SOON WE HOPE. >> I WOULD LIKE TO SAY I APPRECIATE THAT AND THE CITY DOING THAT IN LIEU OF CONTRACTING IT OUT. THANK YOU.

I DO LIKE THAT. I TRY TO READ THROUGH THAT INFORMATION. IS THERE JUST A LIST OF OR A CHART OF THE MONEY? LIKE YOU GAVE SEVERAL EXAMPLES BUT IS THERE A LIST THAT I COULD SEE? OR COULD YOU SEND US A SPREADSHEET.

>> I COULD. BUT LET ME TELL YOU, WE TRY AND KEEP A LITTLE FLEXIBILITY. IF YOU READ THE RESOLUTION, I KNOW THERE'S A LOT OF WORDS IN THERE, BUT THE VERY BEGINNING OF THE RESOLUTION KIND OF LEAVES IT A LITTLE GENERIC.

IT WILL SAY FOR PUBLIC WORKS PROJECTS.

IT WILL A SAY FOR PUBLIC SAFETY PROJECTS.

IT GIVES US FLEXIBILITY TO MOVE THE FUNDS.

THE REASON WE DO THAT -- I DON'T WANT TO SAY THIS IS GOING TO PAY FOR FIVE ITEMS. BECAUSE IF THE STREET DEPARTMENT HITS A SNAG IN A CAPITAL PROJECT, WHICH WE KNOW HAS HAPPENED BEFORE, AND THEY CAN'T MOVE FORWARD, WE WANT TO BE ABLE TO TAKE THOSE FUNDS AND SPEND THEM OVER ON A DIFFERENT PROJECT THAT CAN MOVE FORWARD. BECAUSE WE ARE ALSO UNDER FEDERAL LAW TO SPEND THOSE FUNDS WITHIN THREE YEARS FROM THE DATE

OF ISSUANCE. >> AND I RESPECT THAT.

AND I THINK THAT THAT'S A GOOD THING.

I WOULD STILL LIKE TO KNOW WHAT OUR PLAN A IS BEFORE I APPROVE

THIS. >> ABSOLUTELY.

>> AND I UNDERSTAND THAT IT IS -- IT Q COULD BE FLUID, BUT I WOULD LIKE TO KNOW WHAT THE PLAN IS FOR THE AMOUNT OF MONEY.

>> SURE CAN. >> THANK YOU.

>> THANK, ANY OTHER QUESTIONS, COUNCILPERSON BUTLER.

>> THANKS MAYOR. NOT THAT ANYONE IS ASKING US, BUT I REALLY LIKE THAT SPOT FOR A PARKING GARAGE.

JUST TO THROW THAT OUT THERE. THANKS.

>> OKAY. THANK YOU.

ALL RIGHT, CHAIRPERSON STREETMAN, YOU ARE RECOGNIZED.

>> THANK YOU, MAYOR. ORDINANCE 80-2021-22 (FIRST READING) AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2022 FOR GOVERNMENTAL FUNDS, ORDINANCE 130-2021-22, TO CREATE AND ADD ADDITIONAL FUNDING FOR CAPITAL PROJECTS FOR A TOTAL OF $27,512,500

FINANCE COMMITTEE, APPROVAL. >> THANK YOU, WE HAVE HAD A REQUEST TO GET A LITTLE BIT MORE INFORMATION ABOUT EACH ONE OF THE CAPITAL PROJECTS IN THAT BUDGET AMENDMENT.

SO I HAVE ASKED SOME DEPARTMENT HEADS TO COME UP AND GIVE US JUST A BRIEF PRESENTATION, OR ACTUALLY JUST BRIEFLY DESCRIBE WHAT THAT IS. JOHN HILLBORN, PROJECT MANAGER WILL TAKE THE FIRST FOUR. AND, JOHN, I WON'T STEAL YOUR THUNDER, YOU WILL WALK US THROUGH THE FIRST FOUR CAPITAL

PROJECTS. >> OKAY.

THE FIRST ONE IS THE RECREATION CENTER.

PREVIOUSLY FUNDED ROOF REPAIRS AND THE ROOF REPAIRS WERE, THAT PORTION WAS COMPLETED AND WE HAVE ALSO, IN THE ROSS SESSION OF THAT DISCOVERED THERE ARE GUTTERING THAT WAS INAPPROPRIATELY SIZED. AND DAMAGE THAT HAS TO BE REPLACED. ALSO SOME PANELS THAT RUSTED THROUGH THAT NEED TO BE REPLACED.

THE CUMBERLAND GARAGE, WE WERE FORTUNATE THAT OUR ENGINEERING CAME BACK THAT WE COULD REOPEN THE GARAGE BUT IN THE COURSE OF THAT REPORT, THEY HAVE INDICATED THAT THERE'S SOME ADDITIONAL REPAIRS THAT WE NEED TO MAKE IN THE UPCOMING FUTURE TO PRESERVE IT AND HOPEFULLY GET ANOTHER 30 YEARS OUT OF IT.

[00:40:06]

>> ANY QUESTIONS ABOUT THOSE FOUR PROJECTS? COUNCILPERSON REYNOLDS, YOU ARE RECOGNIZED.

>> I'M SORRY, SO I CAN CONNECT THE DOTS, SO THIS ORDINANCE IS PART OF THE 56 MILLION OR IS THIS --

>> YES. >> THANK YOU.

>> COUNCILPERSON BUTLER, YOU ARE RECOGNIZED.

>> GOOD QUESTION, THANK YOU. DO WE DECIDE WHAT WE ARE DOING WITH FROSTY MORN AND I MISSED THAT?

>> WE ARE UNDERTAKING A PROGRAMMING HIGHEST AND BEST USE STUDY TO LOOK AT WHAT CAN BE DONE GIVEN THE NEIGHBORHOOD AND WHAT'S NEEDED OVER THERE. AND SO WE ARE SORT OF IN THE

MIDDLE THAT. >> OKAY.

YEAH, I KNOW WE WERE TAKING, LIKE, PUBLIC INPUT.

I KNOW I HAVE SENT EMAILS TO YOU GUYS ALL ABOUT THAT.

SO I WAS JUST CURIOUS IF THE DECISION HAS BEEN MADE.

>> WE HAVE NOT GOTTEN THERE YET. BUT THANK YOU FOR THE QUESTION.

ANY OTHER QUESTIONS REGARDING -- COUNCILPERSCOUNCILPERSON REDD, E

REHARECOGNIZED. >> THE SMITH TRAHERN, WE HAVE OWNED THAT A LONG TIME AND HAVE NOT BEEN GOOD STEWARDS.

IS THIS JUST TO PATCH, LIKE, WE HAVE ALWAYS DONE IN THE PAST?

>> THE FOCUS THAT WE ARE TRYING TO DO RIGHT NOW IS GET THE OUTSIDE ENVELOPE, MAKE SURE EVERYTHING IS WATERTIGHT AND DRAINING AND THEN WE WILL, IN THE FUTURE, WE WILL GO THROUGH AND LOOK AT TAKING CARE OF SOME OF THE INTERIOR STUFF, THE MECHANICAL AND ELECTRICAL SYSTEMS AND WHATNOT.

>> BUT IT WON'T RENOVATE THE WHOLE PLACE LIKE IT SHOULD BE.

>> NO, SIR, NO. >> I WILL THROW THE QUESTION OUT THERE, MAYBE WE SHOULD MAYBE LOOK AT LEASING IT TO SOMEBODY THAT WOULD TAKE CARE OF IT IN THE MANNER THAT IT SHOULD BE.

LIKE I SAID, WE HAVE OWNED THAT A LONG TIME AND WE HAVE NOT BEEN GOOD CARETAKERS OF IT. THAT IS NOT A CRITICISM OF ANYBODY. THAT GOES LONG BEFORE THIS BODY

GOT HERE. >> WE DO HAVE LEASE WITH A NONPROFIT ORGANIZATION THAT RENTS IT OUT, PAYS UTILITIES, BUT THEY ARE NOT REALLY IN A POSITION TO GENERATE ENOUGH INCOME TO DO WHAT NEEDS TO BE DONE.

THAT'S WHY IT HAS FALLEN INTO SUCH DISREPAIR.

THANK YOU FOR THE QUESTION. ANYTHING ELSE FOR JOHN? THANK YOU, JOHN. ONIONINGOUR CFO, LAURIE MADA WIK

ABOUT THE MULTIMOMODAL PROJECT. >> THIS PROJECT ACTUALLY STARTED HERE BEFORE ME. AND I WILL BE HERE ALMOST NINE YEARS. SO THEY STARTED, WITH OUR PROJECT MANAGER, THE MULTIMODAL PROJECTS WERE TO PUT BUS SHELTERS AND SIDEWALKS ON SOME OF OUR MAIN ROUTES.

IT WAS FROM CAVE STREET TO THE KENTUCKY STATE LINE ON 41A.

AND THERE'S ANOTHER ONE, TOO, ABOUT 7 MILES WORTH OF SIDEWALKS. AND THESE LITTLE BUS HOUSES.

SO IT WAS A GRANT THAT WE WERE PROVIDED.

AND WE STARTED THE PROJECT. EVERY TIME WE START THE PROJECT, WE WOULD HAVE TO ELIMINATE A SHELTER OR WE WOULD HAVE TO ELIMINATE SO MANY FEET OF SIDEWALKS.

AND IT GOT TO THE POINT WHERE WE COULDN'T MOVE THESE PROJECTS FORWARD. WE HAD TWO GRANTS AND THEY WERE NOT GOING ANYWHERE. THEY WERE FROM, I THINK, 2013 AND '14. WE WERE GOING BACK AND THE STATE FINALLY SAID, LOOK, EVERYBODY IS HAVING THIS PROBLEM.

WE'RE TAKING ALL THE PROJECTS ON.

WE WILL DO IT AS ONE BIG PROJECT AND WE THINK WE CAN GET IT DONE FOR A BETTER PRICE AND GET IT TAKEN CARE OF.

SO THEY SAID, YOU ARE DONE, YOUR COMMITMENT IS OVER, CLOSE YOUR PROJECTS. WE WILL TAKE IT OVER.

WHAT YOU PAID US IS ENOUGH. SO WE CLOSED THE PROJECTS.

SURE ENOUGH, WE GET A LETTER, THE MAYOR AND I GOT A LETTER, I THINK THE FIRST OF THE YEAR, END OF DECEMBER, WE GOT A LETTER THAT THE PROJECTS HAVE GONE OVER AND THEY NEED A LITTLE MORE FROM US. SO THE PART OF THE PROJECT THAT'S ASSOCIATED WITH THE CITY IS 2.5 -- ALMOST $2.6 MILLION, WHICH THEY PAY 95% OF THAT. WE ONLY HAVE A LITTLE 5% SHARE.

[00:45:04]

THEY WANT ANOTHER $14,000. I PUT A LITTLE EXTRA IN THE BUDGET AMENDMENT, THEY ARE NOT GOING TO COME BACK IN SIX MONTHS AND SAY OH, BY THE WAY, WE HAD A CHANGE ORDER AND NOW WE WANT A LITTLE BIT MORE. SO WE WON'T SPEND THE MONEY UNLESS WE GET ANOTHER BILL FROM THE STATE.

BUT THAT'S WHAT THAT ONE IS FOR. >> IF THEY DO, WE WILL BE VISITING WITH GOVERNOR LEE. ANY QUESTIONS REGARDING THE MULTIMODAL PROJECT. SEEING NONE, WE ARE READY FOR THE VISTA LANE REMODEL, CHIEF COCHRAL.

GOOD POLICE WORK, BY THE WAY, CHIEF.

>> THANK YOU. VISTA LANE WAS AN OLD UNIFORM FACTORY YEARS AGO. MAYBE 20 YEARS AGO WE MOVED IN THAT BUILDING AND ORIGINALLY IT WAS OUR UNDERCOVER AGENTS AND OUR PROCUREMENT AREA. IT IS A FREE SPAN BUILDING.

WE OWN IT BUT IT IS STILL LIKE A WAREHOUSE ATMOSPHERE.

SO OUR CAPITAL IMPROVEMENT PLAN WAS TO TRY TO BUILD INTO THAT VALUABLE SQUARE FEET. SO WHAT WE ARE DOING NOW IS A PROJECT, CAPITAL PROJECT, IN THE PROCUREMENT AREA TRYING TO BUILD SOME LEGITIMATE OFFICE SPACE FOR OUR PERSONNEL THAT ARE WORKING THERE INSTEAD OF WORKING IN A WAREHOUSE, IN THE HEAT OF AUGUST. WE ARE EXPANDING THAT.

GOING TO DI CONDITION IT AND MOE OUR UNIFORMS MORE INTO THAT BAY AND OVER THE YEARS OUR PLAN IS TO DO MORE OF THAT ACROSS THIS -- I DON'T KNOW, 50,000 SQUARE FOOT BUILDING.

IT IS A VERY LARGE BUILDING. THIS IS ONE PART OF THAT PLAN.

I ONLY NEED 2500 BUCKS, BY THE WAY, WHICH IS ON THAT LIST.

I'M HERE FOR $2,500. WE HAVE THE PROJECT THAT IS BID OUT BY CONTRACTOR, BUT BY WE HAVE A CITY VENDOR FOR THE IT PORTION OF THE WIRING. SO THIS IS JUST TO FINISH UP ROUGH-IN FOR THOSE CABLE DROPS FOR THIS PROJECT.

WITH MORE PROJECTS TO COME, TO STICK WITH US.

WE ARE TRYING TO FREE UP A LOT OF SPACE WITHIN THAT BUILDING AND THEN BUILD INTO IT AS WE EXPAND, USE THAT BUILDING A LITTLE MORE EFFICIENTLY. THIS IS KIND OF THE FIRST PROJECT OF MAYBE FOUR IN THAT BUILDING.

>> THANK YOU, CHIEF, ANY QUESTIONS OF THE CHIEF?

COUNCILPERSON BUTLER. >> IT IS A QUESTION FOR MR. BAKER, ACTUALLY, NOT THE CHIEF.

>> OKAY, MR. BAKER. >> YES, MA'AM.

>> CAN WE SPLIT THIS? IF HE IS SAYING 3500 BUCKS FOR THEM AND I WANT TO GIVE THEM THEIR 3500 BUCKS BUT GIVE THE MONEY TO SMITH TRAHREN, DO I HAVE TO SPLIT THE AMENDMENT?

>> YOU CAN SPLIT THE QUESTION. ANY OTHER QUESTIONS?

CHAIRPERSON STREETMAN. >> THAT IS ALL FROM OUR REPORT,

MAYOR. >> THANK YOU.

WE ARE READY FOR THE GAS AND WATER COMMITTEE REPORT.

>> I WILL HAVE A FULL REPORT NEXT WEEK.

>> IF I MAY. IT MAY BE EASIER TO OFFER AN

AMENDMENT. >> THANK YOU.

[6) NEIGHBORHOOD AND COMMUNITY SERVICES]

>> NEIGHBORHOOD AND SERVICES COMMITTEE, CHAIRPERSON

STREETMAN. >> I'M GOING TO READ THE REPORT THAT I HAD FOR EARLIER THIS MONTH, MR. NEW BURN WORKED WITH ME ON THIS. I WANT TO GET THE INFORMATION OUT TO EVERYONE. I WILL HAVE AN UPDATED REPORT NEXT WEEK. BUT FOR JANUARY 2022, LEAD BASED PAINT GRANT. ON DECEMBER 16TH, THE CITY NOTIFIED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT WE WERE AWARDED A GRANT IN THE AMOUNT OF 2,879,918 FOR OUR LEAD BASED PAINT H HAZARD REDUCTION GRANT APPLICATION.

THIS GRANT WILL PROTECT FAMILIES AND CHILDREN BY TARGETING FUNDING FOR SIGNIFICANT LEAD PAINT HAZARDS IN OVER 150 LOW INCOME HOMES HERE IN CLARKSVILLE.

THE FUNDS WILL ALLOW THE CITY TO PROVIDE GRANTS TO OWNER OCCUPIED AND RENTER OCCUPIED INCOME ELIGIBLE HOUSING UNITS BUILT PRIORITY 1978 THAT HAVE LEAD PAINTED SURFACES AND HAVE OCCUPANTS 18 YEARS OLD AND YOUNGER.

THERE'S ALSO A NEW LOGO AND NAME CHANGE.

I'M GOING TO GIVE A SCRIPG AS IN AS IT WAS GIVEN TO US.

OUR NEW LOGO IS A REPRESENTATION OF OUR VIBRANT CITY.

IT DISPLAYS WHERE WE ALL LIVE, WORSHIP, WORK, LEARN, ENTERTAIN, BANK AND MOST IMPORTANTLY WHERE WE THRIVE.

THE CIRCLE VISUALLY BRINGS FOCUS TO OUR FL FLOURISHING CITY BUT O

[00:50:04]

THE HOME IS PROMINENTLY PLACED IN THE FOREGROUND TO REPRESENT THE NEIGHBORHOODS AND COMMUNITIES THAT WE SERVE.

THE MOVEMENT OF THE RIVER SYMBOLIZING THE MOVEMENT AND PROGRESSION TO BE BETTER, SERVE THE COMMUNITY BETTER AND LIVE BETTER. THE NEW NAME CLARKSVILLE NEIGHBORHOOD AND COMMUNITY SERVICES AND REBRANDING OF OUR LOGO ARE INSPIRED TO BE A MORE APPROPRIATE PORTRAYAL OF WHAT OUR DEPARTMENT DOES FOR OUR COMMUNITY.

OUR FOCUS IS ASSISTING LOW TO MODERATE INCOME FAMILIES IN THEIR HOMES, NEIGHBORHOOD AND COMMUNITIES WHERE WE ALL LIVE.

THIS WAS FROM MS. TUCKER, PROJECT MANAGER.

YOU WILL SEE THE LOGO IS ON THE SCREEN FOR EVERYBODY TO LOOK AT.

ALSO, THE HISPANIC COMMUNITY TOWN HALL.

THE MEETING WAS HELD DECEMBER 6, 2021.

THE PURPOSE OF THIS GATHERING WAS TO DISCUSS BUILDING AND EFFECTIVE COMMUNITY PARTNERSHIP WITH THE HISPANIC COMMUNITY BY INCREASING AWARENESS AND THE EXPLORATION OF NEW AND IMPROVED WAYS TO COMMUNICATE EFFECTIVELY WITH HISPANIC RESIDENTS.

AS A DIRECT RESULT FROM THIS MEETING, NEW PROGRAMS ARE EMERGING FROM THE CITY TO BETTER MEET THE NEEDS OF THE SPANISH COMMUNITY, ENGLISH CLASSES, DIVERSITY TRAINING FOR DEPARTMENT HEADS AND CREATION OF MINORITY YOUTH CLUB.

FOLLOWUP MEETING HAS BEEN SCHEDULED FOR MARCH 2021.

2022. SPECIAL THANKS.

THAT'S THE END OF MY REPORT. >> ANY QUESTIONS, HEARING NONE, SEEING NONE. PARKS AND RECREATION COMMITTEE,

[8) PUBLIC SAFETY COMMITTEE]

COUNCILPERSON HOLLEMAN. >> I WILL HAVE A FULL REPORT

NEXT WEEK. >> AND PARKS AND R RECREATION.

>> THANK YOU, MAYOR. AMENDING THE OFFICIAL CODE OF THE CITY OF CLARKSVILLE, TENNESSEE RELATIVE TO ADOPTION OF AN UPDATED VERSION OF THE INTERNATIONAL FIRE CODE PUBLIC SAFETY COMMITTEE RECOMMENDATION: APPROVAL

>> ANY QUESTIONS OR COMMENTS REGARDING THE ORDINANCE.

WOULD WE WANT AN EXPLANATION? >> BASICALLY WHAT THIS DOES IS, OUR CURRENT CODE, AND CORRECT ME IF I AM WRONG THERE, CHIEF, CAME FROM 2012. THIS IS UPDATING IT TO THE 2018.

WE WAY BEHIND. THIS IS BRINGING US UP TO THE STANDARDS. BUILDINGS AND CODES ALREADY USES THE 2018. WHAT THIS DOES IS THIS IS MATCHING THE FIRE DEPARTMENT AND BUILDINGS AND CODES.

>> CHIEF MONTGOMERY? >> YES, BASICALLY, IT IS.

THE STATE REQUIRES US NOT TO GO BEYOND 7 YEARS OF THE LATEST CODE UPDATE. AND WE ARE OPERATING IN 2012.

2018 IS THE LATEST. SO THAT WILL MAKE US CURRENT.

ALL THE ENTITIES AROUND US, CITY, COUNTY, HAVE ALREADY UPDATED. WE ARE JUST TRYING TO GET THERE.

NO MAJOR CHANGES IN THERE. IT IS PRETTY CUT AND DRY.

WE HAVE GONE THROUGH THE PROCESS OF IDENTIFYING ANYTHING THAT MAY

BE. >> THANK YOU, CHIEF.

ANY QUESTIONS OF CHIEF MONTGOMERY? THANK YOU, SIR. CHAIRPERSON HOLLEMAN.

>> I WILL HAVE A FULL REPORT NEXT WEEK.

>> THANK YOU, SIR. TRANSPORTATION STREETS AND

[10) NEW BUSINESS]

NEW BUSINESS, ORDINANCE 81-2021-22 (FIRST READING) AN ORDINANCE AMENDING TITLE 5 OF THE OFFICIAL CITY CODE TO DELETE SUB-PARAGRAPHS (F) AND (J) UNDER SECTION 5-311 COUNCILPERSON BUTLER YOU ARE THE SPONSOR, YOU ARE RECOGNIZED.

>> THANKS MAYOR. MAYOR AND COLLEAGUES, WE HAVE HIT THE ONE-YEAR MARK SINCE I INTRODUCED A FULL REPEAL OF CHAPTER 3 OF THE SHORT-TERM RENTAL ORDINANCE.

THAT ORDINANCE -- THAT LAW WAS PUT IN ABOUT TWO OR SO MONTHS BEFORE THOSE OF US TO INCLUDE MYSELF WERE SWORN IN.

IN THE SPIRIT OF COMPROMISE, I HAVE ELECTED NOT TO ATTEMPT TO REMOVE THE ENTIRE CHAP THEY ARE CHAPTER THISYEAR BUT HAVE TWO A.

BOTH AMENDMENTS IN SECTION 5-311.

THAT RECOLLECTS OPERATIONAL REQUIREMENTS.

THE TWO SUBSECTIONS I'M ASKING YOU TO CONSIDER DELETING ARE F AND J. SUBSECTION F COVERS THE USE OF STR O FOR ON SITE OR COMMERCIAL BUSINESSES.

THINGS SUCH AS, SAY, A TUPPERWARE PARTY OR CANDLE LIGHT PARTY. MAYBE YOU'RE STAYING IN A SHORT-TERM RENTAL FOR A MONTH OR TWO AND YOU HAVE A FRIEND THAT HAS ONE OF THESE MLM AND YOU WANT TO HAVE A PARTY THERE, THAT'S SOMETHING THAT YOU WOULDN'T BE ALLOWED TO DO.

[00:55:03]

SO WE HAVE HEAVILY REGULATED THESE RENTALS ALREADY IN CHAPTER 3. IT IS APPROXIMATELY 12 PAGES WORTH. I'M ASKING THAT WE REMOVE SINGLE SENTENCE HERE AND THEN ANOTHER SINGLE SENTENCE.

SO TWO SENTENCES. SO THAT WE CAN EXHIBIT A MODACUM OF CONFIDENCE IN PROPERTY OWNERS THAT ARE CONFIDENT ENOUGH TO MAKE DECISIONS ABOUT WHAT HAPPENS INSIDE THEIR PROPERTY.

SUBSECTION J INCLUDES FOOD SERVICE BY THE OWNER.

I DISCUSSED THIS WITH MR. BAKER TODAY.

THE WAY THE SENTENCE IS WRITTEN, IT IS RELATIVELY RIGID AND IT WOULD INCLUDE, LIKE, EVEN IF I SET UP MY SHORT-TERM RENTAL, HAD PEOPLE COMING IN, I WANTED TO LEAVE OUT A SNACK BASKET FOR THEM. IT WOULD STILL, THE WAY IT IS WRITTEN, COVER THAT. TENNESSEE ALREADY HAS HEFTY HEALTH LAWS. I'M FOOD SAFE CERTIFIED AND WORKED IN FOOD SERVICE FOR A LONG TIME.

THE HEALTH CODE LAWS FROM FEDERAL TO STATE AND THEN ALSO OUR OWN HEALTH DEPARTMENT THAT GOES THROUGH STATE COVERS A LOT OF THAT. AND I FEEL LIKE THE ADDITION IS REDUNDANT AND NEEDLESSLY RESTRICTIVE.

I ASK THAT IN THE SPIRIT OF SUPPORTING CITIZENS THAT HAVE HISTORICALLY VOCALIZED OPPOSITION WE WOULD MAKE TWO SMALL CONCESSIONS TO RESPECT A BIT MORE OF THEIR FREEDOM AND AUTONOMY AS WELL AS LIGHTEN THE BURDEN WITH THE COPIOUS REGULATORY NATURE OF CHAPTER 3. THAT'S ALL I'VE GOT, THANK YOU.

>> COUNCILPERSON STREETMAN, YOU ARE RECOGNIZED.

>> THANK YOU, MAYOR. BEFORE I GET INTO ANY OF THE THINGS I WANT TO SAY ABOUT IT. I WANT TO CLARIFY, MR. BAKER, COULD YOU SPEAK TO THAT. YOU HAVE SAID NUMEROUS TIMES THAT THAT STATEMENT -- I KNOW THIS IS OUR THIRD TIME DISCUSSING THIS IN A YEAR. YOU HAVE SIDE NUMEROUS TIMES THAT THAT LINE WHERE IT SAYS, BY THE OWNER FOR ANY CONSIDERATION, YOU HAVE STRESSED THAT GREATLY A FEW TIMES THAT IT MEANT THAT IF THEY WERE GETTING PAID FOR THE FOOD.

SO I'M NOT QUITE SURE HOW, IF THEY WERE JUST LEAVING A FREE SENATE BASKET WOULD BE FOR ANY CONSIDERATION.

>> YES. SHE TALKED TO ME ABOUT IT THIS AFTERNOON, I TOL TOLD HER I NEEO LOOK AT IT AGAIN.

I DIDN'T REMEMBER WHAT IT SAID. >> IF YOU WILL, SPEAK TO THE

MICROPHONE. >> THAT'S -- WHAT'S THE SECTION?

>> THE SECTION IS -- 311-J. .

>> THAT MEANING IS FOR PROFIT. >> THAT MEANS IT WOULD BE

SELLING. >> NO FOOD SHALL BE PREPARED FOR OR SERVED TO THE TRANSIENT GUEST BY THE OWNER FOR ANY CONSIDERATION. CONSIDERATION COULD BE SOMETHING OTHER THAN JUST MONEY. IT COULD BE, LIKE, YOU CAN'T OFFER THEM FOOD IN EXCHANGE, THEY AGREE TO REMOVE SNOW FROM YOUR DRIVEWAY. CONSIDERATION MEANS YOU ARE EACH EXCHANGING EITHER A PROMISE OR SOMETHING OF VALUE.

NORMALLY IN MEANS MONEY. >> NOT JUST LEAVING A SNACK

BASKET THERE FOR THEM. >> NOTHING WRONG WITH YOU LEAVING FOOD AND EXPECTING NOTHING IN RETURN.

THAT'S NOT ILLEGAL. >> OKAY.

>> I JUST WANTED TO CLARIFY THAT.

YOU HAD STRESSED THAT SEVERAL TIMES.

I KNOW WE ARE TALKING ABOUT HOW -- IT WAS MENTIONED THAT THIS IS VERY ONEROUS ON THE SHORT-TERM RENTAL PROPERTIES.

I DO WANT TO BE CLEAR, AT THIS TIME WE HAVE 64 SHORT-TERM RENTALS THAT ARE PART OF THIS PROCESS BECAUSE, OBVIOUSLY, ANY OTHERS THAT CAME BEFORE IT, WE CAN'T ENFORCE ANYTHING ON THEM, ONLY THOSE THAT HAVE COME ABOUT SINCE THEN AND QUALIFIED FOR THIS. SO WE ARE TALKING ABOUT 49 SHOWER AN49SHORT-TERM RENTAL OW. WHEN YOU TAKE MOO CONSIDERATION THAT SOME OF THEM OWN MULTIPLE PROPERTIES.

IN REGARD TO THE FOOD SERVICE, JUST WHAT WE ARE TALKING ABOUT THAT ONE, I GUESS MY QUESTION WOULD BE TO THE SPONSOR FOR THAT

[01:00:03]

>> WHAT YOU ARE SAYING ABOUT THE FOOD STUFF, THE CONVERSATIONS WERE HAD BEFORE I GOT HERE. FOOD, AS FAR AS YOU'RE ASKING ABOUT FOOD SERVICES, KITCHENS, ET CETERA, ET CETERA, THIS GOES BACK TO A LOT OF THE THINGS THAT I HAVE SAID BEFORE, THAT'S ALREADY COVERED. YOU CAN'T JUST MAKE FOOD IN YOUR HOUSE AND SELL IT TO PEOPLE WITHOUT ALREADY BEING OUTSIDE OF COMPLIANCE WITH THE LOCAL HEALTH DEPARTMENT.

>> WELL, IF WE LIFTED THIS, WHY WOULDN'T THEY BE ABLE TO DO

THAT. >> IT IS ALREADY A LAW.

>> WHO IS GOING TO BE CHECKING THAT THEN? I GUESS THAT GOES BACK TO MY QUESTION OF THAT.

>> I WOULD -- IT IS KIND OF LIKE THE SAME PERSON THAT CHECKS ANYTHING ELSE. ANYONE SELLING SOMETHING, SAY, ON FACEBOOK, HEY, I GOT THESE CAKE BALLS I'M SELLING.

THAT IS ALREADY COVERED. >> OKAY, I GUESS -- OKAY.

I'M NOT REALLY GETTING AN ANSWER BUT THAT'S OKAY.

GOING ON UP THEN TO TALKING ABOUT NO TRANCE G TRANSIENT GUEY USE RENTAL FOR ON SITE BUSINESS PURPOSES.

BOWS OF BOTH OF THESE ARE FOR PC SAFETY.

SINCE THIS DIDN'T GO THROUGH THE PUBLIC SAFETY COMMITTEE, I WOULD LIKE TO ASK MR. DAVID SMITH, WOULD YOU MIND IF I COULD ASK

YOU A FEW QUESTIONS. >> MR. SMITH.

>> YES, MA'AM. >> THANK YOU, MR. SMITH.

I KNOW A COUPLE OF EXAMPLES WERE GIVEN, IF SOMEBODY WANTED TO HAVE A TUPPERWARE PARTY, WHAT WOULD BE SOME OTHER EXAMPLES OF COMMERCIAL -- I KNOW I HAVE HAD SOME WHEN WE FIRST CRAFTED THIS AS TO WHY IT WAS IN THERE. BUT COULD YOU GIVE EXAMPLES OF COMMERCIAL OPPORTUNITIES THAT THESE COULD BE USED FOR?

>> SURE. THE GENESIS OF THIS LANGUAGE WAS SOME OF THE EXPERIENCES OF OUR SURROUNDING COMMUNITIES HAD HAD WITH THESE PROPERTIES BEING USED FOR LARGE PARTI PARTIES.

SOME OF THE SURROUNDING COMMUNITIES, THEY WERE CHARGING ADMISSION, COMMERCIALLY SELLING FOOD, AND THEY WERE BECOMING RECURRING PROBLEMS IN SOME OF OUR SURROUNDING COMMUNITIES INCLUDING MONTGOMERY COUNTY. HUNDREDS OF PEOPLE OCCUPYING A HOME NOT DESIGNED FOR THAT VOLUME AND IN NEIGHBORHOODS DESIGNED FOR RESIDENTIAL OCCUPANCY.

SOMEBODY COMES FORWARD WITH A COMMERCIAL QUESTION, IN-HOME OCCUPATION, GO THROUGH THE BOARD OF ZONING APPEALS TO OPERATE THAT BUSINESS. YOU HAVE AN INFLUX OF TRAFFIC, INADEQUATE PARKING. THERE'S A LOT OF REASONS WHY PROPERTIES ZONED RESIDENTIAL AND THOSE USES CONFLICT.

MR. TINDELL CAN SPEAK TO ZONING AND OCCUPANCY CAN BE ANSWERED BY THE FIRE DEPARTMENT. WE SAT DOWN AND BRAINSTORMED, THAT WAS THE CONCERNS THAT WE HAD ABOUT HAVING COMMERCIAL ACTIVITIES. NOW, I TOTALLY UNDERSTAND SOME OF THOSE USES THAT WERE DESCRIBED ARE VERY DOCILE.

BUT IF WE REMOVE THAT ENTIRELY, YOU OPEN THE FLOOD GATES FOR ANY KIND OF COMMERCIAL ACTIVITY, WHICH IS KIND OF SCARY.

>> I KNOW SOME OF THE ISSUES THAT I HAD HEARD ABOUT WHEN WE WERE CRAFTING THIS, AND I BROUGHT TO OUR GROUP WHAT WE WERE FORMING IT, WAS THAT YOU HAD THE SITUATION WHERE PEOPLE WERE USING IT TO INTERVIEW FOR POSITIONS THEY NEEDED TO FILL FOR THEIR BUSINESS. SO THEY HAD HAD LARGE INFLUX OF TRAFFIC COMING IN AND OUT OF THEIR NEIGHBORHOOD FOR DAYS.

OTHER TIMES WHERE THERE WAS PEOPLE RENTING AND THERE WAS A LARGE AMOUNT OF DELIVERIES COMING IN, SEVERAL DAYS IN A ROW. THAT WAS CREATING A LOT OF COMMERCIAL TRAFFIC. I KNOW, MYSELF, CHECKED WITH CHIEF MONTGOMERY TO FIEND OUT FW IT LOOKED AS FAR AS THE TYPES OF SHORT-TERM RENTALS. MAJORITY ARE SINGLE FAMILY HOMES. WHICH MEANS THEY ARE IN RESIDENTIAL AREAS, NOT A C2 AREA THAT'S MORE OPEN THAT COMMERCIAL

TRAFFIC. >> SURE.

SOME OF THOSE, AGAIN, SEEM LIKE NOT MUCH OF AN ISSUE.

ESPECIALLY IF THAT IS A VARYING TRADE.

ONE WEEK, SOMEBODY IS RENTING THE FACILITY FOR ONE PERSON.

HOW DO YOU UNDERSTAND WHO IS SUPPOSED TO BE THERE, NOT SUPPOSED TO BE THERE, AND SOME OF THE TRAFFIC CAN GET SCARY TO

THE RESIDENTS. >> THAT WAS ALL.

I HAVE OTHER THINGS TO SAY. THAT'S ALL MY QUESTIONS FOR YOU.

I DON'T KNOW IF ANYONE ELSE. >> THANK YOU, MR. SMITH.

DON'T GO FAR. >> OKAY, WELL, MY CONCERN WITH LIFTING BOTH OF THESE IS, OF COURSE, AS WHAT WAS JUST DISCUSSED WITH OPENING UP TO HAVING A LOT OF COMMERCIAL

[01:05:02]

THIS IS NOT SOMETHING THAT'S REALLY NECESSARY.

IF SOMEONE NEEDS TO HAVE A SPACE FOR THEM TO BE ABLE TO INTERVIEW PEOPLE, THERE'S ACTUALLY PLACES THAT THEY CAN USE.

FOR ONE, WE HAVE GOT THE OFFICE NOW.

THEY ACTUALLY OFFER OFFICE MEMBERSHIPS WHERE YOU CAN PAY A MONTHLY MEMBERSHIP FEE, BE ABLE TO SHARE -- USE A SPACE THERE.

THERE'S OTHER SPACES AVAILABLE. ONE OF THE OPTIONS THAT'S BEEN TALKED ABOUT, WHETHER IT IS DECIDED UPON, BUT FOR THE FROSTY MORN LOCATION WAS HAVING SOME OFFICE SPACE IN THERE THAT SMALL BUSINESS OWNERS, IF THEY NEEDED TO RENT A SPACE, COULD.

THERE'S LOTS OF DIFFERENT OPPORTUNITIES OUT THERE.

IT IS NOT NECESSARY FOR SOMEONE TO HAVE TO RENT A HOUSE INSIDE A RESIDENTIAL NEIGHBORHOOD WHERE IT IS CREATING TRAFFIC WHERE YOU MAY HAVE NARROW ROADS AND RISKING DANGERS TO THE CITIZENS IN OUR COMMUNITY. ALSO, IN REGARD TO LIFTING THE FOOD FOR CONSIDERATION, THERE ARE SO MANY OPTIONS FOR FOOD OUT THERE. WE HAVE GOT FOOD DELIVERIES THAT YOU CAN GET. YOU HAVE GOT -- THAT'S TO INCLUDE COOKED FOOD AS WELL AS GROCERIES THAT YOU INTO HE HAD TO HAVE COME TO YOU. I DON'T SEE WHY WE WANT TO OPEN UP THAT TO PEOPLE THAT ARE VISITING OUR AREA, TO HAVE FOOD THAT IS GOING TO BE PREPARED AND COOKED FOR THEM IN A KITCHEN THAT'S NOT BEEN INSPECTED FOR THAT.

WHEREAS THOSE RESTAURANTS ALREADY HAVE THAT.

I WOULD THAT YOU ASK VOTE AGAINST THESE AMENDMENTS.

LET'S LET THIS ORDINANCE THAT WE HAVE HAD IN PLACE FOR NOW JUST A LITTLE OVER A YEAR, YEAR AND A HALF, ACTUALLY BE ABLE TO SIT LIKE IT IS FOR A WHILE AND LET IT DO ITS OWN WORK AND WHAT IT HAS BEEN CRAFTED TO DO. THERE WAS A LOT OF TIME SPENT IN DOING THAT. VOOFLININVOLVING A LOT OF DEPARS TO CREATE IT. THANK YOU.

>> COUNCILPERSON HOLLEMAN, YOU ARE RECOGNIZED.

>> I WILL HAVE TO DO MORE RESEARCH.

JUST A FRESH GLANCE LOOKING AT IT, AS FAR AS LIKE THE COMMERCIAL AND BUSINESS ASPECT, HOW WOULD WE REGULATE THIS? IF I WANT TO DO TAXES, I WANT TO DO PEOPLE'S TAXES OUT OF THE HOUSE. OR ANY TYPE OF BUSINESS, HOW DO YOU REGULATE THAT? I HAVE BEEN GETTING A TON OF COMPLAINTS ABOUT THE SHORT-TERM RENTALS, I WILL NOT SAY THE WORD, BUT IF YOU LOOK AT THIS, I DREW THIS BEAUTIFUL LOOKING MAP WITH THESE HOUSES. YEAH, I KNOW, I'M A PROFESSIONAL DRAWER THERE. BUT FOR EXAMPLE, LET'S JUST PRETEND THAT THIS BLACK DOT RIGHT HERE IS A HOUSE THAT IS A SHORT-TERM RENTAL. TRAFFIC COMING IN, COMING OUT.

THIS PERSON THAT OWNS THIS PROPERTY, MIGHT BE A LOCAL, MIGHT BE OUT OF STATE. WE DON'T KNOW.

WE ARE SEEING A LOT OF INVESTMENT COMPANIES COME INTO CLARKSVILLE FROM OUT OF STATE TO BUY THESE PROPERTIES AND TURN THEM INTO SHORT-TERM RENTALS. YOU ARE GOING TO MAKE THAT PERSON HAPPY. WHAT YOU ARE NOT GOING TO DO, YOU ARE NOT GOING TO MAKE ALL THESE PEOPLE HAPPY.

THAT'S -- SO YOU HAVE GOING TO MAKE ONE PERSON HAPPY OR YOU CAN MAKE ALL THE SURROUNDING PROPERTIES HAPPY.

THAT'S ALL I HAVE, THANK YOU. >> COUNCILPERSON REYNOLDS, YOU

ARE RECOGNIZED. >> YES, MINE MAY BE A QUESTION FOR MR. SMITH. DO WE NOT HAVE A STANDARD FOR WHAT BUSINESSES ARE ALLOWED IN OUR HOMES BEFORE THEY HAVE TO COME? AND WOULD THAT SUFFICE IF WE CHANGED THE LANGUAGE TO SAY, I'M JUST ASKING THE QUESTION, NO BUSINESS ALLOWED IN A SHORT-TERM RENTAL THAT IS NOT ALLOWED IN RESIDENTIAL BUSINESSES WITHOUT A VARIANCE.

>> THE LANGUAGE IN THE CODE IS RELATIVELY AMBIGUOUS, THAT'S WHY IT IS LEFT TO THE DECISION TO DETERMINE IF THE PROPOSED

BUSINESS WOULD BE IN CONFLICT. >> OKAY.

I WAS JUST LOOKING FOR MAYBE A COMPROMISE.

>> I WANT TO MAKE IT CLEAR, I THINK YOU UNDERSTAND THIS BY THE QUESTION YOU ASKED, I THINK YOU DO, BUT TO MAKE IT CLEAR, IF YOU DO AWAY WITH THE PROHIBITION IN THE SHORT-TERM RENTAL ORDINANCE ON CONDUCTING ANY KIND OF BUSINESS IN THE SHORT-TERM RENTAL PREMISES, THAT DOES NOT MEAN THAT, OH, THEY CAN DO WHATEVER THEY WANT BECAUSE THEY STILL HAVE TO COMPLY WITH THE ZONING LAW. AND UNDER THE ZONING LAW, TYPICALLY ANY KIND OF BUSINESS IS P PROHIBITED IN R1, R2, UNLES IT IS A CUSTOMARY HOME OCCUPATION OR IT IS SOMETHING THAT IS ALLOWED PERMITTED ON REVIEW OR PERMITTED WITH CONDITIONS. SO I JUST WANT TO MAKE IF CLEAR, YOU STILL HAVE THAT OTHER HURDLE OF YOU HAVE GOT TO BE IN COMPLIANCE WITH THE ZONING CODE EVEN IF THE SHORT-TERM RENTAL,

IF IT IS DELETED. >> SO BASICALLY OUR RESIDENTIAL -- THE BUSINESSES ALLOWED IN RESIDENTIAL IS NARROW

[01:10:04]

BOARD. >> ONE OF THE ORIGINAL VERSIONS OF THE ORDINANCE WAS CRAFTED THAT WAY.

BUT I WANT TO SAY ONE OF THE REVISIONS PULLED THAT OUT.

I'M NOT TOTALLY SURE. I FELT -- WAS THAT PULLED OUT OF THE ORIGINAL? I CAN HAVE THAT FOR YOU BY

THURSDAY. >> WE WILL LOOK INTO THAT.

JUST KNOW THAT, LIKE THE DEFAULT IS, I BELIEVE, GENERALLY YOU CAN'T DO BUSINESSES IN R1, R2 UNLESS IT IS PERMITTED ON REVIEW OR PERMITTED WITH CONDITIONS. THE CODE MAY ACTUALLY SAY THERE ARE SOME THINGS THAT ARE PERMITTED WITHOUT BEING ON REVIEW OR CONDITIONS. LIKE TYPICAL HOME OCCUPATIONS.

SOME OF THE THINGS WE TYPICALLY THINK OF --

>> LIKE A CHILD CARE CENTER. BEAUTY SHOP.

>> BUT A BEAUTY SHOP IS THE ONE THAT MOST READY COMES TO MIND.

>> DON'T YOU HAVE TO HAVE A PERMIT.

>> MAYBE A CPA. >> BUT DON'T YOU HAVE TO GO TO THE BOARD TO GET PERMISSION FOR A CHILD CARE IN YOUR RESIDENTIAL

AREA? >> I'M NOT CERTAIN OF THAT.

>> HE IS SHAKING HIS HEAD. >> ABSOLUTELY.

>> MR. SMITH, PLEASE STEP TO THE MIC.

>> WE HAVE A MEMBER PRESENT, ABSOLUTELY.

CUSTOMARY HOME OCCUPATIONS DO INCLUDE AT-HOME DAYCARES, THERE ARE PROVISIONS THAT THEY HAVE TO MEET TO INCLUDE THE AMOUNT OF PARKING THEY HAVE ON SITE, SO ON, NO MORE THAN A THIRD OF THE PROPERTY IS USED FOR THE AT-HOME BUSINESS AND SO ON.

YES, ABSOLUTELY. THEY HAVE TO COME THROUGH BSA.

>> BASICALLY, THIS STATEMENT IS JUST SAYING WHAT'S ALREADY THERE AND WE ARE JUST NOT ALLOWING THEM TO SAY, EXCEPT FOR MY SHORT-TERM RENTAL, I WANT TO COOK PEOPLE AND LET THEM HAVE A RESTAURANT OR BAR. THIS IS ALREADY THE RULE.

>> LET ME GET THAT ANSWERED DEFINITIVELY FOR YOU BEFORE THURSDAY. THE EARLIER VERSION SPECIFICALLY SPOKE TO ZONING. I BELIEVE THAT PART WAS CARVED OUT IN ONE OF THE AMENDMENTS PROPOSED AND PASSED.

I WILL GET THAT FOR YOU FOR THURSDAY.

>> OKAY. >> THANK YOU.

>> COUNCILPERSONREDD. >> I THINK IF YOU HAVE A CHILD CARE CENTER, YOU HAVE ONE OR TWO CHILDREN, YOU DON'T HAVE TO HAVE A LICENSE. IT GOES ALONG WITH THE NUMBER.

AND I WOULD LIKE TO CLARIFY AT THIS POINT.

I DON'T KNOW IF I HEARD RIGHT OR WRONG FROM LANCE, IF YOU LEAVE A FOOD BASKET, NO EXCHANGE OF ANY MONEY, THAT IS CURRENTLY THE WAY THE ORDINANCE IS OR THE LAW IS NOW, OKAY, CURRENTLY.

>> YES. THERE IS NO PROHIBITION ON YOU AS AN OWNER OF SHORT-TERM RENTAL, NO PROHIBITION ON YOU GIVING THEM A SAUSAGE BISCUIT IN THE MORNING OR A FEAST IN THE EVENING AS LONG AS YOU ARE NOT DOING IT FOR CONSIDERATION.

THAT IS IN EXCHANGE OF PROMISES, EITHER SOMETHING THAT YOU PROMISED TO DO IN THE FEW TORE REFRAIN FROM DOING OR IN

EXCHANGE OF ITEMS OF VALUE. >> THAT'S THE WAY THE LAW IS.

THE AMENDMENT WOULDN'T CHANGE THAT PART?

>> WELL, HER AMENDMENT WOULD JUST DELETE THAT SO YOU DO EVEN

FOR PROFIT. >> THAT'S WHAT SHE IS WANTING TO DO WITH THE AMENDMENT THEN. AND THERE ARE ZONING LAWS SOMEONE SPOKE OF, LIKE IF THERE IS A PARTY OR LOUD NICE OR SOMETHING LIKE THAT, I THINK WE ALREADY HAVE ON THE BOOKS, DO WE NOT, THAT IF YOU HAVE A CERTAIN DECIBEL UNDER THE NOISE ORDINANCE, WHETHER IT IS -- I MEAN, IT DOESN'T HAVE TO BE A SHORT-TERM RENTAL. DON'T PEOPLE SOMETIMES BREAK THE LAW AS FAR AS NOISE ORDINANCE WITHOUT IT BEING A REGULAR RESIDENTIAL HOUSE. A LAW ALREADY AGAINST IT, THAT WOULD STILL APPLY TO THE SHORT-TERM RENTALS, REGARDLESS

OF THIS AMENDMENT AS WELL. >> YOU ARE CORRECT.

>> COUNCILPERSON STREETMAN, YOU ARE RECOGNIZED.

>> TO THE COUNCIL PERSON THAT WAS JUST SPEAKING, WHAT WAS BEING REFERENCED WAS, IT WAS ABOUT HAVING PARTIES WHERE YOU ARE SELLING ADMISSION. FOR SOMEBODY TO BE ABLE TO COME IN. YES, THAT COULD OCCUR WITHOUT A SHORT-TERM RENTAL BUT WHAT WE WERE SEEING, ESPECIALLY A COUPLE YEARS AGO, WAS PEOPLE WERE RENTING OUT SHORT-TERM RENTALS IN ORDER TO BE ABLE TO HOST A PARTY BECAUSE IF YOU ARE GOING

[01:15:01]

I KNOW THERE WAS ALSO AN INSTANCE AT A HOUSE OUTSIDE OF THE CITY LIMITS THAT OCCURRED, IT WAS A VERY LARGE PARTY.

THIS HAPPENED IN THE COUNTY. WHERE IT CAUSED CONSIDERABLE DAMAGE TO THE HOUSE WHERE IT WAS HELD AND THERE WAS HUNDREDS OF PEOPLE THAT ATTENDED THAT. THAT WAS A PARTY WHERE THEY ARE SELLING ADMISSION. THERE WERE NUMEROUS COMPLAINTS OF THAT WHEN I WAS WORKING ON DEVELOPING THIS OF PARTIES HAPPENING. WHERE THE PARTY WOULD HAPPEN INTERESFROM ONE TO ANOTHER. IN REFERENCE TO TALKING ABOUT THAT WE ALREADY HAVE LAWS AS FAR AS ZONING AND NOT BEING ABLE TO HAVE BUSINESSES OPERATE WITHIN THE SHORT-TERM RENTALS, IT IS NOT NECESSARY TO HAVE THIS, MR. BAKER, I THINK YOU WERE THE ONE THAT REFERENCED IT, THEN WHAT DO THEY NEED DO WHEN THIS IS OCCURRING? BECAUSE, AGAIN, THAT WAS SOMETHING THAT WAS OCCURRING AND WHY IT WAS ONE OF THE REASONS WHY IT WAS DISCUSSED TO INCLUDE IT IN THERE.

SO IF THAT'S OCCURRING, WHAT IS IT THAT -- WHO IS IT THAT IS GOING TO HAVE TO DEAL WITH THAT ON A REGULAR BASIS WHEN THAT

HAPPENS? >> IS THAT A QUESTION FOR

MR. BAKER? >> YES, SIR.

>> I DON'T UNDERSTAND THE QUESTION.

>> YOU SAID WE ALREADY HAVE LAWS IN PLACE THAT PREVENT BUSINESS OCCUR IN THE RESIDENTIAL AREAS. THAT WAS OCCURRING.

SO IF WE JUST TAKE THIS AWAY, WHO IS GOING TO BE RESPONSIBLE

FOR DEALING WITH THAT? >> WHAT I WANT TO MAKE CLEAR, WHAT I AM SAYING IS, NO MATTER WHAT YOU SAY IN THE SHORT-TERM RENTAL ORDINANCE, WHETHER YOU ALLOW BUSINESS OR YOU DON'T ALLOW BUSINESS, YOU STILL -- A PROPERTY OWNER STILL HAS TO BE IN COMPLAININ COMPLIANCE WITH TG CODE.

IF YOU SAY, WELL, WE ARE GOING TO -- I WANT TO MAKE SURE I'M TRACKING WHAT HE SAID, WE WILL PASS HER AMENDMENT SO YOU CAN HAVE A BUSINESS, IS THAT WHAT YOU ARE ASKING?

>> YEAH. YOU SAID -- REALLY WE WOULDN'T HAVE TO HAVE THIS BECAUSE THERE'S ALREADY LAWS IN PLACE.

SO WHO IS GOING TO BE THE ONE -- >> THAT WOULD BE -- YOU WOULD FALL BACK SOLELY ON THE ZONING LAW TO GET AT IT, AND AS WE SEE, OR WE JUST HEARD, THE ZONING LAW WOULD ACTUALLY ALLOW SOME BUSINESSES IF THEY WENT THROUGH THE RIGHT LEGAL STEPS TO DO SO.

THAT WOULD BE UP TO THE BUILDING AND CODES DEPARTMENT TO ENFORCE THE ZONING CODE AND BASICALLY TELL THEM, YOU HAVE TO STOP DOING IT. IF THEY DON'T, WE TAKE THEM TO

COURT. >> SO ALREADY EXTREMELY BUILDING AND CODES DEPARTMENT WOULD NEED TO TAKE MORE ON THEIR PLATE

THEN. >> YEP.

>> OKAY, THANK YOU. >> COUNCILPERSON BUTLER.

>> THANK YOU, MAYOR. >> SO I WANT TO RESPOND TO STUFF SINCE THIS IS MY LAST BITE AT THE APPLE.

I GUESS -- I WANT TO ASK A QUESTION TO THE PREVIOUS SPEAKER FIRST, SO WHO IS DEALING WITH IT NOW? ALL OF THESE THINGS THAT -- ANY VIOLATIONS WITH THIS, WHO DEALS

WITH THAT NOW? >> COUNCILPERSON STREETMAN.

>> I HAVEN'T HEARD AS MANY ISSUES SINCE THIS HAS BEEN IN PLACE. SINCE THE SHORT-TERM RENTAL ORDINANCE WENT IN PLACE, I HAVE HEARING LESS COMPLAINTS ABOUT PROBLEMS GOING ON. I THINK IT HAS BROUGHT DIFFERENT THINGS TO ATTENTION BY HAVING THIS IN PLACE AND TRYING TO STOP

THESE DIFFERENT THINGS. >> BUT WHO DOES? IF SOMEONE DOES HAVE A COMPLAINT, WHO DEALS WITH THE

COMPLAINT RIGHT NOW? >> I WOULD IMAGINE WHOEVER THEY WOULD NEED TO CALL, ACOORDIACCORDING TOHIM.

BUT IF THE SHORT-TERM RENTAL LET THEM KNOW IN PURPOSE, COMMERCIAL PURPOSES AREN'T ALLOWED, THEN I ASSUME THAT WAS HAPPENING, THE SHORT-TERM RENTAL OPERATOR WOULD THOUGHT DO IT SO THEY DIDN'T RISK LOSING THEIR SHORT-TERM RENTAL PERMITS.

THEY CAN ONLY HAVE SO MANYVIOLATIONS.

>> SO THE PAPER PEOPLE. >> SHORT-TERM RENTAL OPERATORS

WOULD. >> SO -- OH, I'M SORRY, THIS PAY FOR PARTIES WITH FOOD, WAS THAT ACTUALLY SOMETHING -- THIS IS TO BOTH OF YOU, THAT WAS A BIG MAJOR PROBLEM OR WAS THIS JUST LIKE TWO OR THREE TIMES THAT THIS OCCURRED?

REALLY? >> THERE WAS A PROBLEM OF NUMEROUS CONTACT ME ABOUT IT IN NUMEROUS DIFFERENT AREAS.

THE ONE THAT I WAS TALKING ABOUT, THE ONE THAT CAUSED THE CONSIDERABLE DAMAGE, YES, THAT WAS ONE BUT THAT'S ONLY ONE THAT WE WERE AWARE OF. I HAVE HAD IT FROM ALL DIRNT DIT

AREAS OF CLARKSVILLE. >> UNDERSTOOD, THANK YOU.

>> COUNCILPERSON BUTLER. >> SO THE ISSUE IS THAT HAVING E

[01:20:04]

ALSO, MY ISSUE IS WITH THE DEFINITION.

THE DEFINITION THAT WE ARE CREATING UP HERE FOR THE WORD COMMERCIAL. A PREVIOUS SPEAKER ALSO MENTIONED THAT HE STILL GETS A LOT OF CALLS COMPLAINING ABOUT THE SHORT-TERM RENTALS AND THAT'S AFTER WE HAVE ALREADY HAD THIS LAW HAPPENING FOR A YEAR. WHEN WE TELL PEOPLE, YOU CAN GO, YOU CAN GET -- I DON'T WANT TO SPECIFY A SPECIFIC BUSINESS, BUT WE WERE UP HERE, A PREVIOUS SPEAKER DID SIT HERE AND SUGGEST OTHER BUSINESSES THAT PEOPLE COULD USE INSTEAD OF WHAT THEY WANT TO USE. I HAVE AN ISSUE WITH US ENDORSING SPECIFIC BUSINESSES. IT DOESN'T MATTER WHAT WE THINK UP HERE IS THE BEST WAY TO ACCOMPLISH SOMETHING.

PEOPLE HAVE THE RIGHT TO MAKE THEIR OWN CHOICES.

EI'M SKIPPING THROUGH HERE BECAUSE I ALREADY ASKED SOME OF THESE QUESTIONS. TO THE PREVIOUS SPEAKER WHO MENTIONED, WHO DREW A BEAUTIFUL ILLUSTRATION OF ONE HOUSE OUT OF 50 HOUSES, THE FACT OF THE MATTER IS, THE RIGHTS OF THE MANY DON'T TRUMP THE RIGHTS OF AN INDIVIDUAL.

THE INHERENT RIGHTS THAT AN INDIVIDUAL HAS.

BUT AGAIN, THE POINT WAS WELL TAKEN ABOUT THE FOOD.

I REMOVE THAT AS MY -- ONE OF MY EXAMPLES AS TO WHY WE SHOULD PULL THAT OFF. I UNDERSTAND WHAT YOU ARE SAYING. I WAS INCORRECT ABOUT THAT.

MY READING COMPREHENSION. BUT THOUGHT WITHSTANDING MY EXAMPLE, I STILL THAT I WOULD LIKE TO MOVE FORWARD WITH TAKING THAT OUT. HOWEVER, I DO WANT TO LET YOU GUYS KNOW IF, SAY, YOU AGREE WITH THE REMOVAL OF F BUT NOT THE REMOVAL OF J, I WOULD ASK YOU, OR I WILL MYSELF SPLIT THE QUESTION SO THAT WE CAN VOTE ON THEM SEPARATELY JUST SO THAT WE CAN CONSIDER THEM BOTH SEPARATELY IF THAT IS SOMETHING YOU ARE INTERESTED IN DOING. I GUESS MY LAST THING TO SAY, THIS GOES TO THE BEGINNING OF THE CONVERSATION THAT I WAS HAVING WITH MY COLLEAGUE, IS THAT CODES ARE STILL GOING TO DEAL WITH CODE VIOLATIONS. THE POLICE ARE STILL GOING TO DEAL WITH NOISE VIOLATIONS. THE HEALTH DEPARTMENT IS STILL GOING TO DEAL WITH FOOD VIOLATIONS.

JUST THE SAME AS THEY DO NOW. THANK YOU.

>> COUNCILPERSON LITTLE, YOU ARE RECOGNIZED.

>> A LOT OF MY POINTS WOULD BE THE SAME THING AS PREVIOUS SPEAKERS, PREVIOUS SPEAKER. A LOT OF THE THINGS I'M SEEING, IT IS KIND OF A REDUNDANCY, ESPECIALLY AT THE END.

LL SAYS COMPLIANCE WITH CLARKSVILLE CITY CODES.

WE HAVE THAT AS FAR AS COMPLIANCE WITH THAT.

AND THEN NOT ONLY THAT, BUT THERE ARE CERTAIN BUSINESSES THAT ARE ALLOWED TO -- OR ARE ALLOWED TO OPERATE OUT OF A RESIDENTIAL AREA. OBVIOUSLY PEOPLE, ESPECIALLY WITH CLARKSVILLE, THE WAY WE ARE DPROAG, GROWING, VIDEOOGRAPHER O COME IN AND USE A HOUSE FOR SOME KIND OF SERVICE WITH THAT, I FEEL LIKE CODES HAS ALREADY SAID IN PLACE WHAT CAN HAPPEN.

CODES ARE ALREADY PUT THINGS IN PLACE THAT CAN HAPPEN IN DIFFERENT ZONINGS. SO I SAY WE FALL BACK ON THAT INSTEAD OF ADDING IN MORE REDUNDANCIES ON WHAT YOU CAN DO AND WHAT YOU CAN'T DO AND STUFF LIKE THAT.

THAT'S WHY WE HAVE THE CODE BACKING THAT.

A LOT OF THINGS THAT GO ON FOOD-WISE, PEOPLE IN LARGE SCALE, PEOPLE WANT TO DO IT ON A MINOR SCALE JUST TO FEED THE PEOPLE WHO COME INTO THE AREA. I'M ON BOARD WITH VOTING FOR THESE AMENDMENTS TO THIS ORDINANCE.

THAT'S IT. >> COUNCILPERSON REDD,ER

RECOGNIZED. >> THANK YOU, MAYOR.

I STILL MAYBE -- OF THE FOOD PORTION THAT WE WAS TALKING ABOUT, ANY TIME SOMEBODY SAYS FOOD, I GUESS I START PAYING ATTENTION A LOT MORE. AND I GUESS I'VE GOT THIS RIGHT.

CURRENTLY, UNDER THE ORDINANCE, YOU CAN GIVED FOOD AWAY FOR FREE. AND THE PROPOSED AMENDMENT WOULD BE, THEN THE SAME OWNER OF THE BED AND BREAKFAST OR SHORT-TERM RENTAL WOULD WANT TO SELL THE FOOD.

I MEAN, AND THERE'S THE QUESTION OF ANOTHER SPEAKER, WHO IS GOING

[01:25:06]

>> IS THAT A QUESTION FOR MR. BAKER?

>> I MEAN, AND DO THEY ADVERTISE CURRENTLY THAT WAY?

>> IF THE PROVISION OF FOOD IS PART OF THE CONSIDERATION, YOU ARE GETTING TO STAY HERE OVERNIGHT AND YOU ARE ALSO GETTING SOME FOOD IN EXCHANGE FOR $500, THEN THAT WOULD BE A VIOLATION OF THE LAW AS IT IS NOW.

BUT IF YOU SAY, I'M GOING TO GIVE YOU -- YOU ARE GOING TO BE ABLE TO STAY HERE OVERNIGHT FOR $500 AND THEN THE NEXT MORNING YOU SERVE THEM A PLATE OF EGGS AND YOU SAY, IT IS ON THE HOUSE, IT'S FREE. THAT WOULD NOT BE A VIOLATION OF LAW AS IT IS NOW. IF YOU APPROVE HER DELETION OF THAT PROVISION, THEN THERE WOULD BE SIMPLY NO LAW THAT SPEAKS TO IT, WHICH MEANS THAT A SHORT-TERM RENTAL ORDINANCE OPERATOR COULD GIVE FOOD AWAY OR THEY COULD SELL IT.

EITHER WAY. >> OKAY, THANK YOU.

>> I WILL JUST SAY THIS, TOO. >> LET ME ADD.

IF YOU SELL IT, THOUGH, IT IS CERTAINLY TRUE THAT YOU ARE SUBJECT TO HEALTH REGULATIONS AND NEED TO BE INSPECTED.

IF YOU FAIL TO DO THAT, YOU COULD GET IN SOME TROUBLE, REAL TROUBLE FOR THAT. BUT THERE'S NO REQUIREMENT IF YOU ARE GIVING FOOD AWAY, AND IT IS NOT PART OF THE CONSIDERATION FOR RENTING THE PLACE, JUST OUT OF THE GOODNESS OF YOUR HEART, YOU WANT TO SHARE SOME OF MAMA'S GRAVY OR SOMETHING, THEN YOU CAN DO THAT AND NOT SUBJECT TO HEALTH INSPECTIONS.

>> AND ANOTHER MEMBER SHOWED A MAP WITH A SHORT-TERM RENTAL IN THE MIDDLE OF IT AND HOW THAT PARTICULAR PERSON WOULD BE HAPPY. BUT I REALLY THINK THAT IN ANY NEIGHBORHOOD, YOU COULD HAVE SOMEBODY LIVING ON THIS PORTION OF THE MAP THAT HAS FIVE TEENAGERS, LIKE I DID AT ONCE HAVE THREE, OR SOMEBODY THAT HAS LOUD MOTORCYCLES OR WHATNOT AS WELL, LIKE THE SPONSOR SAID, TOO, YOU JUST HAVE TO CALL THE APPROPRIATE DEPARTMENT. IT FALLS IN THERE IF IT IS A NEIGHBORHOOD, NO MATTER WHETHER IT IS SHORT-TERM RENTAL OR RESIDENTIAL RENTAL. THANK YOU.

>> THANK YOU. COUNCILPERSON LITTLE.

>> I JUST THOUGHT OF IT, DEALING WITH FOOD.

RECENTLY THERE WAS AN INCIDENT WHERE SOMEBODY WAS DOING SOME FOOD OUT OF THEIR HOUSE AND THE PROPER AUTHORITIES THAT WERE IN PLACE TO CONTROL THAT THING CAME OUT AND SHUT IT DOWN.

THEY ENDED UP HAVING TO FOLLOW OUR CITY CODES ANYWAYS.

SO WE ALREADY HAVE STUFF IN PLACE TO CONTROL WHAT CAN AND CAN'T HAPPEN INSIDE OF A RESIDENTIAL AREA, WHAT HAS TO BE COMMERCIAL. REDUNDANCY.

WE ARE NOT REALLY SPECIFYING EXACTLY -- WE HAVE A HOUSE RIGHT NEXT TO IT THAT IS APPROVED TO RUN A HAIR SALON OR SOMETHING LIKE THAT, BUT THEN THAT SAME SHORT-TERM RENTAL COMPANY CAPTAIN DO VIDEOGRAPHY OR, I DON'T KNOW, SOME KIND OF SMALL THING OUT OF IT ALSO, WE PUT IN HERE, NO, YOU CAN'T DO IT.

BUT THIS HOUSE NEXT CAN. THIS IS NOT SHORT-TERM RENTAL.

THAT'S IT. >> OKAY, WE ARE NOW READY FOR ITEM 2 UNDER THU BUSINESS. CHANGING THE NAME OF EXECUTIVE

SESSION, COUNCILPERSON BUTLER. >> HOPEFULLY THIS IS A LITTLE LESS CONTROVERSIAL. THANK YOU, MAYOR.

I'M IN MY SECOND ROUND OF M-TEST TESTING.

I'M MISSING MY LAST CLASS TO BE IN THE MEETING.

[01:30:01]

WE MISSED A LOT MORE OF THE MEETINGS BECAUSE OF BUDGETING.

AND IN MTAS, THEY TEACH US DIFFERENT THINGS.

SOMETHING THAT CONTINUOUSLY COMES UP, WITH NTAS DID A BRIEFING WITH US, THIS ALSO CAME UP.

WE REFER TO THIS MEETING THAT WE ARE CURRENTLY SITTING IN, WHICH IS OUR DISCUSSION MEETING, OUR WORKSHOP MEETING, OUR INFORMAL MEETING, THERE ARE A LOT OF DIFFERENT WORDS FOR IT, BUT WE CALL IT OUR EXECUTIVE SESSION. AND PER ROBERTS RULES AND TYPICAL STANDARDS ANYWHERE ELSE, THE TERM EXECUTIVE SESSION IS RESERVED FOR AN ATTORNEY/CLIENT SESSION.

SESSION THAT IS NOT PUBLICIZED OR PUBLIC BUT INVOLVES SENSITIVE TOPICS TO TALK ABOUT. SO I WANTED TO SEE IF EVERYONE WOULD CONSIDER THAT MAYBE WE RENAME EXECUTIVE SESSION TO MAYBE INFORMAL SESSION OR WORKSHOP SESSION OR SOMETHING TO THAT EFFECT. THAT'S REALLY ALL THIS BULLET

POINT WAS ABOUT. >> COUNCILPERSONROLEMAN.

>> I SEE THIS AS A WASTE OF TIME, THANK YOU.

>> MR. BAKER. >> IT IS THE TERM EXECUTIVE SESSION, I DON'T BELIEVE IS USED ANYWHERE IN THE CHARTER.

I SCANNED THROUGH IT BRIEFLY. I DON'T THINK IT IS.

IT IS MENTIONED, I BELIEVE, THREE TIMES IN THE CITY CODE UNDER THE SECTION HA DEALS WITH CITY COUNCIL PROCEDURE.

SO IF YOU ARE GOING TO CHANGE IT, YOU WOULD NEED TO AMEND THAT

ORDINANCE, CITY CODE SECTION. >> THANK YOU, COUNCILPERSON

STREETMAN. >> THANK YOU, MAYOR.

IN REFERENCE TO THAT, JUST BECAUSE OF THE FACT THAT WE CALL OURS REGULAR SESSION, MY THOUGHT WOULD THAT WOULD BE NONREGULAR SESSION, SO THAT IT IS THE WAY THE COUNTY HAS FORMAL AND INFORMAL. BUT THAT'S JUST MY THOUGHT

THERE. >> OR IRREGULAR.

COUNCILPERSON -- >> THEN IT WOULD COUNT FOR ALL OF THEM, MAYOR. AS FAR AS -- I GUESS TWO THINGS THAT I WANTED TO SAY SINCE THIS IS SUPPOSED TO BE LIKE A DISCUSSION. I ALSO WANTED TO THROW SOMETHING OUT THAT IS INVOLVED IN THIS. BUT IN REFERENCE TO SAYING THAT THIS IS A WASTE OF TIME, YEAH, YOU MIGHT FEEL THAT WAY, THAT IT IS A WASTE OF TIME. I GUESS BECAUSE I UNDERSTAND WHAT EXECUTIVE SESSION -- BEFORE I CAME TO CITY COUNCIL, BECAUSE I AM FAMILIAR WITH ROBERTS RULES, WHICH WE DO AGREE GOVERNS OUR MEETINGS, ROBERTS RULES HAS THE TERM, EXECUTIVE MEETING.

SO SOMEONE LIKE MORE OR MORE IMPORTANTLY SOMEBODY THIS THE PUBLIC WATCHING THIS, OR LOOKING ON THE CAL CALENDAR, THEY MIGHE EXECUTIVE SESSION AND THINK THAT IS A NONPUBLIC MEETING.

I WANT TO MITIGATE ANY OF THAT CONFUSION.

YEAH, GO AHEAD. >> I DO BELIEVE IT IS CORRECT, MOST CITIES AND TOWNS PROBABLY USE EXECUTIVE SESSION TO REFER TO AN ATTORNEY/CLIENT PRIVILEGE SESSION.

WITH REGARD TO YOUR ROBERTS RULES, THE VERY FIRST PARAGRAPH SAYS WE WILL USE ROBERTS RULES MOST RECENT EDITION TO GUIDE OUR PROCEDURE. BUT THEN IT SAYS SOMETHING FURTHER, LIKE, SUBJECT TO ANY CHANGES PASSED BY ORDINANCE BY THE CITY COUNCIL. AND OUR ORDINANCE DOES, IN FACT, REFER TO THESE MEETINGS AND EXECUTIVE SESSIONS.

BUT THAT CAN BE CHANGED. >> COUNCILPERSON BUTLER.

>> THANK YOU, MR. I CAN ABOUT AER.

BAKER.ALONG WITH USING THAT TERMINOLOGY, OFTENTIMES WE, SITTING UP HERE, FORGET WHAT THIS MEETING IS FOR.

THIS SHOULD BE OUR LONG MEETING WHERE WE DISCUSS AND WE VOLLEY THINGS BACK AND FORTH. I, MYSELF, HAVE BEEN ACCUSED OF USING QUESTIONABLE POLITICAL TACTICS UP HERE.

I WOULD SAY THAT ONE OF THE ONES THAT WE USE IS TO PUT OFF OUR COMMENTS DURING THIS, THE DISCUSSION MEETING, WHERE WE ARE SUPPOSED TO BE DISCUSSING, WE PUT SOME OF OUR COMMENTS OFF OR WITHHOLD THEM SO THAT WE CAN, YOU KNOW, STRONG ARM OR BLIND SIDE OUR COLLEAGUES UP HERE NEXT WEEK WHEN WE ARE ACTUALLY DOING THE VOTING AND THINGS ARE SUPPOSED TO BE A LITTLE MORE RIGID. AND, YOU KNOW, SIT THROUGH MTAS TREANG, ONE OF THINGS, THIS GETS THROWN IN MY FACE, I AM AN ARGUMENTATIVE PERSON, I ENJOY IT, IT IS A FUN THING FOR ME.

REALLY, WE SIT UP HERE AND WE ARE SUPPOSED TO BE DOING WHAT'S BEST FOR CLARKSVILLE. WHEN WE GET INTO THAT KIND OF STUFF AND JUST TRYING TO SMUFF EACH OTHER, YES, THAT'S A

[01:35:01]

THE PUBLIC MISSES OUT. IF WE ARE NOT DOING THE DISCUSSION WE NEED TO DO TONIGHT AT THE PRE-VOTING SESSION, THEN THEY DON'T KNOW WHAT TO E-MAIL US ABOUT IN THE NEXT WEEK WHILE WE ARE MAKING DECISIONS. I DON'T KNOW, I GUESS JUST KIND OF A NEW YEAR, NEW ME TYPE THING.

MAYBE WE COULD CHANGE OUR TRAJECTORY AND START AIMING TOWARD A LITTLE MORE COHESIVE OR THAT TYPE OF THING.

I'M DONE RUNNING MY MOUTH. I APPRECIATE YOU GUYS.

>> COUNCILPERSON STREETMAN, YOU ARE RECOGNIZED.

>> THANK YOU, MAYOR. I DON'T KNOW JUST HOLDING IT UNTIL THE FOLLOWING WEEK. IT IS NOT HOLDING IT.

GENERALLY, WE DON'T GET THE AGENDA UNTIL 24 HOURS BEFORE THE MEETING. SO WE DON'T NECESSARILY WHAT'S GOING TO BE ON THERE. AND SOMETIMES YOU HAVE DIFFERENT THOUGHTS IN THE SPAN OF A WEEK. YOU HAVE DIFFERENT PEOPLE THAT YOU HAVE TO TALK TO. I WOULDN'T THINK OF -- I DO AGREE A LOT OF DISCUSSION NEEDS TO BE HAD NOW, ABOUT YOU AS WE LOOK AROUND HERE, NOT EVERYBODY IS NECESSARILY HERE RIGHT NOW EITHER. SO IF YOU ARE WANTING TO GET YOUR POINT ACROSS TO EVERYBODY, THEY ARE DEFINITELY GOING TO BE HERE FOR THAT. I SEE WHERE YOU ARE COMING FROM, BUT ALSO UNDERSTAND THAT IT'S A TIME TO DO THE RESEARCH AND HAVE

YOUR TALKING POINTS PREPARED. >> OKAY, WE ARE NOW READY FOR

[11) MAYOR AND COUNCIL MEMBER COMMENTS]

ANY MEMBER OF COUNCIL HAVE A COMMENT?

COUNCILPERSON REYNOLDS. >> IN THE SPIRIT OF THE COMMENTS, I WOULD LIKE ASK THE MEMBERS AND DIRECTLY AT THE MAYOR, TO PLEASE REMEMBER AS WE ARE VOTING ON THESE INFILL DEVELOPMENTS, THERE ARE PEOPLE THAT HAVE BOUGHT PROPERTIES AND LIVED THERE FOR YEARS AND THIS IS A CHANGE IN THEIR LIVES.

AND MOST OF OUR ORDINANCES ARE WRITTEN AS WE SPRAWLED.

THEY NEED TO BE UPDATED, MAYOR, BECAUSE THEY ARE NOT REALLY ADDRESSING OUR INFILL. WE ALL RECEIVED THE EMAILS FROM POWELL LANE AND -- I MEAN ROSS FARMS, AND HOW THEY WANT TO PUT 900 NEW ROOFTOPS AND THEN ADD WHAT THEY ARE CALLING AN ACCESS ROAD WILL HAVE 160 DRIVEWAYS ON IT.

ONLY BY GIVING IT A LITTLE BIT MORE CEMENT AND A LINE DOWN THE MIDDLE OF IT, THEN IT IS OKAY, 900 ROOFTOPS, TO HAVE ONE ROAD THAT WILL TOUCH DUNBAR CAVE. MAYBE IT IS LEGAL, MAYBE IT IS NOT. BUT IT IS NOT IN THE BEST INTEREST OF OUR COMMUNITIES. JUST AS I BROUGHT UP FOR CEDAR COURT, SURE, IN THIS INSTANCE PUTTING IN A FEW HOUSES, BUT DIRECTLY BEHIND THAT IS A WHOLE LOT OF ACREAGE THAT WILL BE INFILLED. IF WE DON'T WIDEN THE ROAD NOW, WE ALLOW THE APARTMENTS TO BE BUILT UP TO THE ROAD, THE ONLY PLACE TO EXPAND THE ROAD WILL BE THE SINGLE HOMEOWNER WHO HAS BEEN THERE FOR YEARS ACROSS THE STREET.

THEN WE WILL HAVE TO GO AND TAKE HIS PROPERTY INSTEAD OF HAVING THE ROAD DONE OR HER PROPERTY, EXCUSE ME, HAVING THE ROAD DONE BEFORE WE GOT -- WE HAVE TO CONTINUE TO PREPARE FOR THE INFILL AND LOOK AT THE BIG PICTURE NOW.

BECAUSE THINGS HAVE CHANGED COMPARED TO EVEN FIVE YEARS AGO.

SO, MAYOR, I WOULD LIKE FOR YOU TO -- I MEAN, WE ARE ALL HEARING A LOT FROM OUR RESIDENTS AND I WOULD REALLY LIKE FOR YOU TO MAYBE TAKE A LOOK AT SOME OF OUR IN ORDER AORDINANCE, OR WHATEVE, I DON'T THINK THEY ARE COVER OUR INFILL, ROAD BUILDINGS AND REQUIREMENTS ARE NOT STRINGENT ENOUGH ANYMORE.

>> THANK YOU. COUNCILPERSON BUTLER, YOU HAD

COMMENTS IN. >> IT IS ME AGAIN, GUYS.

TO THE PREVIOUS SPEAKER, I PROMISE YOU I HAD WRITTEN DOWN SAY THIS BEFORE YOU SPOKE SO THIS IS ISN'T MEANT IN NO WAY, SHAPE OR FORM TO BE A RESPONSE TO WHAT YOU JUST SAID.

HOWEVER, I ALSO GOT -- WE HAVE DEALT WITH A LOT OF EMAILS THIS WEEK IN REGARD TO THE SUBDIVISION CASE THAT WAS GOING THROUGH THE RPC. IF YOU ARE ANYTHING LIKE ME, YOU WROTE THEM BACK AND SAY, I HEAR YOU, I CARE, BUT I DON'T HAVE ANY FURTHER VOTES ON THIS. THE THING THAT I KIND OF WANTED TO ADDRESS IS THAT WE ARE HAVING GROWING PAINS AND THERE IS A PERVASIVE IDEOLOGY WITHIN OUR COMMUNITY THAT IF WE SIMPLY STOP BUILDING PEOPLE WILL SIMPLY STOP COMING.

THAT HAS BEEN PROVEN TO NOT BE HOW THIS WORKS.

[01:40:01]

IT IS GROWING PAINS, PAINFUL. THIS DOES NOT FEEL GOOD, THIS IS NOT A FUN TIME. BUT THE FACT OF THE MATTER IS, IF YOU LIVE IN AN AREA THAT HAS A ROAD THAT HANDLES THE TRAFFIC FOR YOUR AREA, AND YOU ARE PAYING TAXES ON THAT AREA, YOU HAVE TO BUILD THE HOUSES TO GET THE TAX REVENUE TO UPDATE THE ROAD AND YOU HAVE TO HAVE THE HOUSES TO GO TH TO GET THE REVE.

I WANT TO TAKE A MINUTE AND LET THE PUBLIC KNOW, WE REALLY DO KNOW, WE SIT UP HERE AND MAKE THE DECISIONS THAT WE MAKE WITH THE INFORMATION THAT'S GIVEN TO US.

IT IS NOT ALWAYS FUN AND A LOT OF TIMES IT DOESN'T MAKE SENSE AND THEN WE GET THE EMAILS AND WE READ THEM AND, YOU KNOW, BUT THIS IS JUST THE SEASON THAT THE CITY OF CLARKSVILLE IS IN RIGHT NOW. IS HUGE BOOMING GROWTH AND WE ARE FIGURING OUT HOW TO DO IT. AND I APPRECIATE MR. TINDELL AND THE MAYOR AND ALL OF OUR SERVICE DEPARTMENTS AND THE POLICE DEPARTMENT. I COULD GO ON ALL DAY THANKING EVERYBODY FOR WHAT THEY DO IN THE CIRCUMSTANCES THAT WE CURRENTLY HAVE. YOU KNOW, THE FACT OF THE MATTER IS, IF WE GET ONE MORE OUTLET THAT POSTS ANOTHER THING ABOUT HOW GREAT CLARKSVILLE IS, WE JUST FEEL T THE IMPACT OF IT ALL OVER AGAIN. THAT'S ALL.

I APPRECIATE EVERYONE'S HARD WORK.

I WANT EVERYONE TO TRY AND STEP BACK AND TAKE A LOOK AT ALL OF THESE THINGS AFFECT EVE OTHER, WE ARE DOING THE BEST WE CAN WITH THE INFORMATION THAT WE HAVE AND THE CIRCUMSTANCES WE ARE IN. THANK YOU.

>> COUNCILPERSON RENTAL ORDINANCE NOCIALTIONDZ YOU AREC.

>> I WOULD LIKE TO INVITE MY COLLEAGUE TO GOOGLE PONDS ICE CREAM OF GROWTH. TAKE A LOOK AT THAT.

WE CAN'T EXPAND AND MAKE A ROAD IF WE BUILD A HOUSE ON IT FIRST.

THAT'S WHAT WE ARE DOING. >> WE ARE NOW READY FOR PUBLIC COMMENT. IF ANY MEMBER OF THE PUBLIC WISHES TO AT DR ADDRESS THE COU. ASK YOU TO ADDRESS THE WELL.

WE WILL HAVE FIVE MINUTES. SEEING NONE, WE ARE NOW READY

[13) QUARTERLY LEGAL UPDATE]

WE WILL ASK THE PUBLIC AND MARK, IF YOU WOULD, SHUT US OFF.

AND WHEN WE COME BACK, WE WILL

* This transcript was compiled from uncorrected Closed Captioning.