Jul 28, 2022 Executive Meeting

[1) PLANNING COMMISSION]

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>>> WELCOME TO THE JULY 28TH, 2022 EXECUTIVE SESSION OF THE CLARKSVILLE CITY COUNCIL.

WE HAVE FIRST ON OUR AGENDA THE PLANNING COMMISSION REPORT. MR. TYNDALL IF YOU WOULD PLEASE COME FORWARD, SIR AND WE'LL DISCUSS ITEM 1 ORDINANCE 12-2022-23. MR. TYNDALL.

>> GOOD AFTERNOON, CITY COUNCIL, A COUPLE ZONING CASES TO GO THROUGH TODAY. FIRST APPLICATION THAT THE MAYOR MENTIONED IS PLANNING COMMISSION APPLICATION OF AVA HOMES LLC THE AGENT IS BRYAN GERWITZ.

I'LL SAY THAT THIS APPLICATION AND THE NEXT ONE ARE TWO DOORS AWAY SO THE SLIDES LOOK VERY SIMILAR AND THE PICTURES DO, TOO. THIS IS A .6 ACRE PARCEL CURRENTLY ZONED R-2 REQUESTING TO GO TO R-6.

IT IS NOT AN EXTENSION OF R-6 THOUGH IT IS IN THE NEIGHBORHOOD. PROPERTY FRONTS THE SOUTH FRONTAGE OF CALDWELL LANE APPROXIMATELY 384 FEET FROM CALDWELL LANE ROBERT STREET INTERSECTION.

THIS IS IN CITY COUNCIL BOARD WARD NUMBER 7.

IT'S CURRENTLY A VACANT RESIDENTIAL LOT AND THE APPLICANT STATES IT'S MORE DEVELOPMENT OF THE PARCEL INTO AFFORDABLE HOUSING LOTS.

THIS IS THE LOT IN QUESTION. JUST AN OVERGROWN VACANT LOT.

THERE'S CALDWELL LANE LOOKING BACK UP FROM THE PROPERTY. THEN BACK IN THE OTHER DIRECTION. COMMENTS RECEIVED FROM THE DEPARTMENT STREET DEPARTMENT INDICATED SIDEWALK WOULD BE REQUIRED BUT IT MAY BE DIFFICULT TO TIE INTO THE EXISTING SIDEWALK DUE TO TOPOGRAPHY BUT WE'LL ADDRESS THAT AT THE SUBDIVISION PHASE AND THE SCHOOL SYSTEM COMMENTS LISTED. HISTORICAL ESTIMATES WOULD BE FIVE LOTS. STAFF RECOMMENDS APPROVAL PROPOSED ZONING CASE IS CONSISTENT WITH THE LAND USE PLAN. THE PROPOSED R-6 RESIDENTIAL ZONING IS NOT OUT OF CHARACTER WITH THE SURROUNDING DEVELOPMENT PATTERN.

ADEQUATE INFRASTRUCTURE SERVES THE SITE INCLUDING RESIDENTIAL SUPPORTIVE USES SUCH AS MASS TRANSIT AND RETAIL IN THE AREA. R-4 AND R-6 EXIST ON THE SAME STREET AND THEY PROVIDE A SIMILAR DENSITY TO PLANNING COMMISSION ALSO RECOMMENDED APPROVAL.

>> THANK YOU, MR. TYNDALL. COUNCIL PERSON REYNOLDS YOU

ARE RECOGNIZE RECOGNIZED. >> I GOT R-4 YOU SAID THERE ISN'T R-6 INITIALLY I THOUGHT YOU SAID THERE WAS NO R-6 IN THE AREA. I DID MISS THAT?

>> NOT ADJACENT. IT'S IN THE AREA.

>> SO MY QUESTION IS LIKE WHEN, WHEN WE'RE INFILLING, WHEN WILL R-2A VERSUS R-6 IS THIS WHERE IT'S NOT NECESSARILY IN THE AREA BUT WE WANT TO DO A LITTLE BIT MORE DENSITY? WHEN WOULD R-2A BE A BETTER

CHOICE THAN R-6. >> PROBABLY IN MORE OF YOUR SUBURBAN AREAS NOT NECESSARILY YOUR REDEVELOPING DOWNTOWN ADJACENT NEIGHBORHOODS.

R-2A IS AN OPTION SO IS R-6 AS WELL THAT'S A JUDGMENT CALL BY THE DEVELOPER OF WHAT THEY INTEND AND WANT TO

DO. >> OKAY, THANK YOU.

>> COUNCIL PERSON SMITH YOU ARE RECOGNIZED.

>> THANK YOU, MAYOR. THAT WAS A GOOD QUESTION FROM MY COUNTERPART THERE. LOOKING AT R-2A WE KNOW THAT WE VOTED TO BRING IT DOWN TO 5,000 SQUARE FEET FROM 6,000 IT LOOKED LIKE THAT WOULD BE A BETTER CHOICE.

BUT IT'S NOT IN MY WARD I JUST THINK WE'RE ABOUT TO OVERINFILL NEXT TO THESE PROJECTS WHICH IS ALREADY A PROBLEM WHEN YOU HAVE A HIGH DENSITY LIKE THAT.

THERE'S NOWHERE TO PLAY FOR THESE CHILDREN.

SO I RODE THROUGH THERE AND THE LOT IS SMALL.

I JUST THINK IT'S NOT GOING TO BE A GOOD IDEA FOR THAT AREA GOING IN THAT CIRCLE IT'S A DEAD-END.

I KNOW IT'S NOT IN MY WARD BUT STILL I HAVE A CONCERN ABOUT THE LOW INCOME PEOPLE. I JUST THINK THAT WE NEED TO START INFILLING WITH R-2A. THANK YOU.

>> ANY OTHER COMMENT OR QUESTION? READY FOR ITEM 2. ORDINANCE 13-2022-23.

MR. TYNDALL PLEASE, SIR. >> THANK YOU, MAYOR THIS IS PLANNING COMMISSION CASE Z-532022 APPLICATION OF AVA HOMES, BRYAN GERWITZ THIS IS TWO DOORS TO THE WEST OF THE PREVIOUS APPLICATION. IT'S AT THE CORNER OF CALDWELL LANE AND ROBERT STREET WARD 7.

THEIR APPLICATION STATEMENT IS FOR REDEVELOPMENT OF THE LARGER PARCEL INTO AFFORDABLE HOUSING LOTS.

IN THIS CASE HERE'S THE CORNER THE VACANT CORNER NEXT TO THE EXISTING HOUSE THERE.

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STAFF RECOMMENDS APPROVAL. THE PROPOSED CASE IS CONSISTENT WITH THE LAND USE PLAN.

R-6 IS NOT OUT OF CHARACTER WITH THE SURROUNDING PAT PERSON AND ADEQUATE INFRASTRUCTURE.

R-4 AND R-6 EXIST ON THE SAME STREET AND PROVIDE SIMILAR DENSITIES AND ADEQUATE INFRASTRUCTURE SERVES THE SITE NO ADVERSE ENVIRONMENTAL ISSUES AND PLANNING COMMISSION ALSO RECOMMENDED APPROVAL ON THIS

ONE. >> THANK YOU, MR. TYNDALL.

ANY COMMENT OR QUESTION REGARDING ORDINANCE 13.

WE ARE READY FOR I.T. 3. MR. TYNDALL.

>> PLANNING COMMISSION PANDEMIC OF MID-STATE PROPERTIES. KOLT MILAM IS THE AGENT THIS IS .3 ACRES REQUESTING TO GO TO R-6 IT'S NOT AN EXTENSION OF THE R-6. YOU WILL SEE THE MAP IN A SECOND. IT'S ON THE SOUTH FRONT OF LYNES STREET, 240 FEET WEST OF GREENWOOD AVENUE INTERSECTION IN -- A PORTION OF THIS IS A RESIDENTIAL LOT AND THE APPLICANT STATEMENT IS I WANT TO CREATE AN AFFORDABLE SINGLE FAMILY LOT.

>> YOU CAN SEE THE OTHER BROWN R-6 ZONES IN THE AREA.

HERE'S THE ADJACENT PROPERTY, A RECENTLY BUILT TRIPLEX ON AN R-3 LOT. THEN YOU WILL SEE THAT BLUE BUILDING TO THE RIGHT THAT'S THE PROPERTY IN QUESTION.

THE APPLICANT HASN'T TOLD US EXACTLY BUT STAFF ANTICIPATES THEM PUTTING THE PROPERTY LINE BETWEEN THIS LITTLE BUILDING WHICH IS BEING LIVED IN AND WHERE YOU SEE THE CONCRETE PAD THERE ON THE LEFT.

THE CONCRETE PAD IN BEHIND IT WOULD BECOME A NEW BUILDABLE LOT THEY WOULD LEAVE THE EXISTING HOUSE THAT IS THERE. THERE'S JUST A LITTLE VIEW.

THAT'S NOT A STREET THAT'S ANOTHER DRIVEWAY RIGHT NEXT TO IT RIGHT THERE. STAFF COMMENTS STREET DEPARTMENT SAID SIDEWALK WOULD BE REQUIRED PER THE ORDINANCE. YOU CAN SEE THE SCHOOL SYSTEM COMMENTS ABOUT THE SCHOOLS LISTED.

HISTORICAL ESTIMATES WOULD BE JUST TWO UNITS.

STAFF RECOMMENDS APPROVAL. THE PROPOSED CASE IS CONSISTENT WITH THE LAND USE PLAN.

PROPOSED R-6 IS NOT OUT OF CHARACTER WITH THE SURROUNDING DEVELOPMENT PATTERN.

OTHER SMALLER LOTS EXIST IN THE NEIGHBORHOOD.

AND ADEQUATE INFRASTRUCTURE SERVES THE SITE AND NOED A VEARS ENVIRONMENTAL ISSUES ARE IDENTIFIED.

PLANNING COMMISSION ALSO RECOMMENDED APPROVAL.

>> ANY COMMENTS OR QUESTION REGARDING ORDINANCE 14? SEE NONE, HEARING NONE WE ARE READY NOW FOR ITEM 4 ORDINANCE 15-2022-23. MR. TYNDALL.

>> IF THE R-6 TRAIN KEEPS GOING HERE.

CASE NUMBERST 552022. THIS IS .17 ACRES OF R-3 REQUESTING TO GO TO R-6. THE PROPERTY FRONTS EAST FRONTAGE OF SOUTH 11TH STREET APPROXIMATELY 490 FEET SOUTH OF COMMERCE STREET AND 11TH STREET INTERSECTIONS AND CITY COUNCIL WARD NUMBER 6.

THIS IS ALSO RIGHT BEHIND THE CITY STREET DEPARTMENT COMPOUND THERE, IF YOU WILL. IT IS A RESIDENTIAL VACANT RESIDENTIAL LOT AND THE APPLICANT DID NOT GIVE A STATEMENT. YOU CAN SEE THERE'S A MIX OF R-4, R-3, AND INDUSTRIAL AND COMMERCIAL IN THIS AREA BUT NO R-6 AT THE MOMENT. HERE YOU ARE AS YOU APPROACH THE CORNER. THE STREET DEPARTMENT IS ON YOUR LEFT. TENTH STREET IS AT YOUR BACK HERE. THEN WHEN YOU GO AROUND THE CORNER HERE'S THE PROPERTY A PRETTY NICE LEVEL LAND LIKELY WAS A FORMER HOUSE SITE AT ONE POINT.

THEN LOOKING BACK UP AT THE PROPERTY.

DEPARTMENT COMMENTS AND CONCERNS.

THE STREET DEPARTMENT WOULD LIKE A GRADING PLAN AND CONSTRUCTION AND WOULD POSSIBLY WAIVE THE PERMIT.

SIDEWALKS WILL BE REQUIRED TO EXTEND THE CURBING ON THE PROPERTY FRONTAGE. THE SCHOOL SYSTEM COMMENTS ABOUT THE SCHOOLS LISTED. HISTORICAL ESTIMATE WOULD BE JUST TWO UNITS. STAFF RECOMMENDS APPROVAL.

THE PROPOSED CASE IS CONSISTENT WITH LAND USE PLAN. THE PROPOSED R-6 SINGLE FAMILY RESIDENTIAL ZONE IS NOT OUT OF CHARACTER WITH THE SURROUNDING DEVELOPMENT PATTERN.

R-6 WOULD BE IN CHARACTER WITH THE VARIETY OF USES IN THIS NEIGHBORHOOD AND ADEQUATE INFRASTRUCTURE SERVES THE SITE NO ADVERSE ENVIRONMENTAL ISSUES IDENTIFIED AND THE PLANNING COMMISSION ALSO RECOMMENDED

APPROVAL. >> THANK YOU MR. TYNDALL.

ANY COMMENT OR QUESTION REGARDING THIS ORDINANCE? SEE NONE, HEARING NONE. APPARENTLY IT'S BUY ONE GET ONE FREE DAY. ITEM 5 ORDINANCE 16.

MR. TYNDALL. >> PLANNING COMMISSION CASE Z-56-2022. P.M. OF DOMINUS PROPERTIES.

REQUESTING CURRENTLY ZONED R-3 PLANNING TO GO TO R-6.

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YOU CAN SEE SOME OF THE R-6 THAT'S BEEN DEVELOPED ON REYNOLDS STREET BUT NOT THE SIDE STREETS YET.

HERE'S THE STREET IN QUESTION.

THE PROPERTY IS UP ON THE LEFT PAST THAT EXISTING HOUSE. AND THERE WAS WHERE THE FORMER HOUSE SITE WAS. NEIGHBORING PROPERTY.

AND THE VIEW BACK GOING BACK TOWARDS REYNOLDS STREET.

CITY STREET DEPARTMENT SAID SIDEWALKS REQUIRED PER THE ORDINANCE. NO OTHER COMMENTS AND YOU CAN READ THE SCHOOL SYSTEM COMMENTS ABOUT THE SCHOOLS LISTED. HISTORICAL ESTIMATES WOULD BE TWO UNITS. STAFF RECOMMENDS APPROVAL.

THE PROPOSED CASE IS CONSISTENT WITH THE LAND USE PLAN. THE PROPOSED R-6 SINGLE FAMILY RESIDENTIAL ZONE IS NOT OUT OF CHARACTER WITH THE SURROUNDING DEVELOPMENT PATTERN AND ADEQUATE INFRASTRUCTURE SERVES THE SITE INCLUDING OTHER RESIDENTIAL SUPPORTIVE USES. SIMILAR R-6 ZONING REQUESTS HAVE BEEN APPROVED IN THE NEIGHBORHOOD.

AND ADEQUATE INFRASTRUCTURE SERVES THE SITE NO ADVERSE ENVIRONMENTAL ISSUES WERE IDENTIFIED.

THE PLANNING COMMISSION ALSO RECOMMENDS APPROVAL.

>> THANK YOU, MR. TYNDALL. ANY QUESTION COMMENT REGARDING ORDINANCE 16? SEEING NONE OR HEARING NONE.

READY FOR ORDINANCE 17. MR. TYNDALL.

>> PLANNING COMMISSION CASE APPLICATION OF&Y PROPERTIES LLC. CURRENTLY R-2 REQUESTING TO GO TO R-6. IT IS NOT AN EXTENSION OF THE ZONE. THE PROPERTY FRONTS GREENWOOD AVENUE APPROXIMATELY 465 FEET.

THIS IS IN COUNCIL WARD 7. IT'S A FORMER HOME SITE.

THE AERIAL FROM 2020 STILL HAD THE HOME ON IT BUT YOU WILL SEE THE PICTURES IT'S NOT THERE.

THE APPLICANT STATEMENT IS FOR BETTER UTILIZATION OF THE SUBJECT PROPERTY. ALSO WANT TO CALL OUT REAR OF THIS PROPERTY ON THE MAP. IT DOES TOUCH AN ALLEY WAY.

BUT THE PAVEMENT DOES STOP ABOUT TWO LOTS SOUTH OF IT ON THE BACK. SO THEY COULD GET TO IT BUT THEY WOULD HAVE TO IMPROVE IT OR GET THE RIGHT OF WAY IMPROVED UP TO THE REAR OF THE PROPERTY, THAT'S NOT THEIR INTENT. YOU CAN SEE THE CEMETERY ACROSS THE STREET. THERE'S THE ZONING MAP.

HERE'S THE PROPERTIES ON THE RIGHT.

RIGHT PAST THE TREES WHERE IT'S OVERGROWN.

FORMER HOME SITE. LOOKING BACK TO THE NEIGHBORING PROPERTIES TO THE LEFT.

AND TO THE RIGHT. DEPARTMENT COMMENTS AND CONCERNS. THE STREET DEPARTMENT SAID SIDEWALK WILL BE REQUIRED PER THE ORDINANCE AND THE SCHOOL SYSTEM COMMENTS ABOUT THE SCHOOLS LISTED.

HISTORICAL ESTIMATES WOULD BE THREE UNITS IN THIS CASE.

STAFF RECOMMENDS APPROVAL THE PROPOSED CASE IS CONSISTENT WITH THE LAND USE PLAN, R-6 IS NOT OUT OF CHARACTER WITH THE SURROUNDING DEVELOPMENT PAT PERSON AND ADEQUATE INFRASTRUCTURE SERVES THE SITE. AND SIMILAR R-6 ZONING REQUESTS HAVE BEEN APPROVED IN THE NEIGHBORHOOD.

THE PLANNING COMMISSION ALSO RECOMMENDS APPROVAL.

>> THANK YOU, MR. TYNDALL. COUNCIL PERSON YOU ARE

RECOGNIZED. >> THANK YOU, MAYOR THE JUST LOOKING AT THE THE LAND I'M ASSUMING THEY WOULD GO HORIZONTAL RIGHT TO THE PROPERTY?

IT'S LIKE A RECTANGLE? >> THOUGH WE ESTIMATE THREE LOTS BECAUSE OF THE ACREAGE I THINK IT MAY JUST BE TWO LOTS OF OF GREENWOOD BUT I THINK THAT'S A GOOD QUESTION FOR THEM NEXT WEEK. THEY DID NOT PROVIDE US ANY

SKETCH ON THIS ONE. >> OKAY.

THANK YOU. >> ANYONE ELSE? SEEING NONE, HEARING NONE WE'RE NOW READY FOR ITEM 7 ORDINANCE 18-2022-23. MR. TYNDALL PLEASE, SIR.

>> THIS IS PLANNING COMMISSION CAME Z-58-2022 APPLICATION OF WILLIAM REQUESTING TO GO TO R-4 AND IT IS AN EXTENSION OF THE R-4.

THE PROPERTY IS LOCATED AT THE EAST FRONTAGE OF NEEDMORE ROAD. COUNCIL WARD NUMBER 8 IT IS AN AREA OF LAND THAT IS BEING USED FOR AGRICULTURAL PURPOSES AND THE APPLICANT STATEMENT IS TO ALLOW FOR MULTIFAMILY DEVELOPMENT. THIS STATE DOES HAVE A PREVIOUS ZONING HISTORY FROM 2019 WHERE IT WENT FROM AG TO R-1A AT THAT TIME. YOU CAN SEE THERE'S ALSO ANOTHER CASE IN THAT BLUE CORNER THERE REZONED FOR A CONVENIENCE STORE, GAS STATION, PROBABLY WITHIN THE

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SIDEWALKS WILL BE REQUIRED ON HAZELWOODROAD.

AND A DRIVEWAY IS PRIVATE. THERE WERE NO OTHER COMMENTS OR CONCERNS FROM THE OTHER DEPARTMENTS AND THE SCHOOL BESIDES LISTING THEIR CAPACITIES THEY SAID THIS DEVELOPMENT FALLS IN THE PARENT TRANSPORTATION RESPONSIBILITIES ZONE WHERE NO BUS TRAFFIC IS OFFERED THIS MEANS SIDEWALK WILL NEED TO BE PROVIDED FOR BIKE ACCESS AND PEDESTRIANS LEADING TO THE ADJACENT CAMPUS. THOSE ARE THINGS WE TYPICALLY ADDRESS AT THE SITE PLAN PHASE.

HISTORICAL ESTIMATES WOULD BE 246 UNITS.

STAFF DOES RECOMMEND APPROVAL.

THE PROPOSED ZONING CASE IS CONSISTENT WITH THE LAND USE PLAN. THE INTERSECTION OF NEEDMORE ROAD AND THE REQUESTED R-4 IS AN EXTENSION OF THE R-4 TO THE WEST AND SOUTH. R-1A IS NOT THE APPROPRIATE ZONE ANYMORE WITH THE SURROUNDING DEVELOPMENT PATTERN. ADDITIONAL NEIGHBORHOOD COMMERCIAL ZONING ON THIS PROPERTY THOUGH COULD BENEFIT THE COMMUNITY. ADEQUATE INFRASTRUCTURE SERVES THE SITE THERE'S NO INVERSE ENVIRONMENTAL ISSUES IDENTIFIED THAT THE PLANNING COMMISSION ALSO RECOMMENDED

APPROVAL. >> THANK YOU, MR. TYNDALL.

COUNCIL PERSON REYNOLDS YOU ARE RECOGNIZED.

>> YEAH, THANK YOU. >> MAYOR, THIS IS MORE FOR YOU. WE AUTHORIZED ORDINANCE 79, 20, 21, AND IT THE INTENT WAS TO PURCHASE SOME OF THIS PROPERTY AND PUT IN A NORTH, YOU KNOW NORTH CLARKSVILLE RECREATION CENTER. I UNDERSTAND THAT YOU ARE EXPLORING OTHER OPPORTUNITIES, WHICH MAY OR MAY NOT HAPPEN FOR SURE, I UNDERSTAND THAT AS WELL.

BUT WE NEVER CLEARED THIS AND WE AUTHORIZED I THINK $1 MILLION TO PURCHASE THE PROPERTY.

EVERYBODY KNOWS I'M ALL ABOUT GREEN SPACE.

SO I WANT IT ALL. BUT I'M JUST, I MEAN WE WERE SUPPOSED TO DO THIS THEN WE DIDN'T THIS IS STILL SITTING OUT THERE. I JUST LIKE TO KNOW, AND AGAIN, THIS CLOSE WE'RE ALL SEEING THE E-MAILS FROM THE COMMUNITY THAT IS A CROWDED NEIGHBORHOOD WE'RE BUILDING TOO FAST ON THIS ROAD. THIS IS AN OPPORTUNITY WHERE THE CITY COULD HAVE PURCHASED THIS PROPERTY SET IT ASIDE WHILE WE CONTINUE TO INFILL AND NOT CROWD AROUND OUR SCHOOLS UNTIL WE FINISHED THE CONSTRUCTION SINCE WE ALREADY AUTHORIZED THE MONEY.

THEN IF WE DIDN'T USE IT WE COULD SELL IT FOR MORE MONEY THAT'S HOW IT WORKS. I JUST LIKE TO HEAR FROM YOU

ABOUT THAT. >> WELL, THE ORIGINAL PROJECT WAS 10 ACRES WE SET ASIDE SOME MONEY IN THE BUDGET TO PURCHASE PROPERTY NOT THIS PARCEL.

BUT TO PURCHASE PROPERTY. WE IDENTIFIED THIS PROPERTY, TALKED TO THE PROPERTY OWNER.

HE WAS NOT IN A HURRY TO DO ANYTHING WITH IT AT THAT TIME. HAVE MAINTAINED CONTACT WITH HIM ON A SEMIREGULAR BASIS. THEN THE CITY COUNCIL WAS WE WANT 20 ACRES TO WE HAD TO GET A SURVEY WE HAD TO DONE APPRAISAL BECAUSE THAT'S OUR PROCESS AND PROCEDURE.

SINCE THAT TIME WE DID A LITTLE HOMEWORK ON IT THEN ANOTHER PIECE OF PROPERTY IS, AS EVERYONE KNOWS, THE PROPERTY OWNER APPROACHED US THAT PERHAPS MAY BE BETTER SUITED FOR WHAT WE'RE TALKING ABOUT.

IT'S MUCH MORE PROPERTY ADJACENT TO THE BLUEWAY AS WELL AS GIVES US MORE PARKING POTENTIAL FOR A PARK THAT'S CLOSE BY. SO, I'M NOT GOING TO GET INTO THE DELICATE NEGOTIATIONS THAT WE'RE IN FOR THAT PIECE OF PROPERTY PUBLICLY.

WHEN WE HAVE A DEAL OR IF WE GET A DEAL I'LL BRING IT TO THE COUNCIL BECAUSE THAT'S OUR REQUIREMENT AND YOU ALL CAN THEN DEBATE IT AND DECIDE WHETHER YOU WANT TO APPROVE IT. BUT WE DID NOT AUTHORIZE IN THAT BUDGET ORDINANCE TO PURCHASE THIS PROPERTY.

IT WAS TO PURCHASE PROPERTY. >> THIS WAS THE PIECE THAT I WAS UNDER THE IMPRESSION THAT WE WERE GOING TO PURCHASE THOUGH AS PART -- I MEAN THE ORDINANCE DID NOT SAY THIS PROPERTY, BUT THE CONVERSATION WAS IN THIS AREA AND TO GIVE A BUFFER BETWEEN THESE ROADS AND THE SCHOOLS. NOW MY CONCERN, AGAIN, I UNDERSTAND THERE'S NO -- BUT WHAT IF IT DOESN'T HAPPEN AND THEN WE HAVE NO PROPERTY EITHER WAY?

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>> THAT'S WHY WE'RE LOOKING AT IMPROVING NEEDMORE ROAD AND MAKING LIFE A LITTLE EASIER BECAUSE WE DO SEE IT AS QUICKLY AND DENSELY DEVELOPING.

THAT'S WHERE WE STAND. >> ALL RIGHT.

THANK YOU. >> THANK YOU.

>> THANK YOU, MAYOR. MR. TYNDALL, YOU MENTIONED THAT R-1 IS NOT AN APPROPRIATE ZONE ANYMORE FOR THIS AREA. CAN YOU SHARE WHY IT'S NOT

APPROPRIATE? >> YES.

WE CAN GO BACK TO THE HISTORY OF HOW THIS AREA ALL GREW UP. PRIOR TO THE R-4 TO THE SOUTH HERE, THAT ORANGE BLOCK TO THE SOUTH, AND THE YELLOW BLOCK SOUTH OF, THAT WHICH IS NOW A NEIGHBORHOOD ACROSS FROM THE RACE TRACK, THAT WAS ALL AGRICULTURALLY ZONED. LOOKING BACK IN HISTORY, I DON'T THINK I WOULD HAVE RECOMMENDED ANY R-4 IN THIS AREA BECAUSE YOU ARE QUITE A BIT DISTANCED OFF OF THE MAIN THOROUGHFARE BUT OVER TIME THE R-4 TO THE WEST HAS DEVELOPED. YOU GOT A C-5 BLOCK THERE AT THE CORNER OF BOY SCOUT ROAD THEN THE APPLICANT REZONED THAT WHOLE EAST SIDE AND BEYOND IT TO THE FIRE STATION TO R-1A BACK IN 2019 WITH THE INTENTION OF DOING A SUBDIVISION. THEN THEY CAME BACK AND REZONED THE MIDDLE PORTION R-4 IT WAS APPROVED NOW THEY'RE DOING THIS PART BECAUSE 20 ACRES OF STAND ALONE R-1A REALLY ISN'T MUCH.

YOU MIGHT BE ABLE TO PUT 45 OR 50 HOMES ON THERE.

BUT THE STAND ALONE BETWEEN COMMERCIAL AND MULTIFAMILY AREA. AS WE MENTION IN THE APPLICATION AND THE APPLICANT ALWAYS HAS THE OPPORTUNITY TO AMEND IT IN THE FUTURE.

SOME MORE COMMUNITY COMMERCIAL MIGHT BE A REALLY GOOD BENEFIT OUT HERE TO AVOID HAVING PEOPLE HAVING TO MAKE TRIPS OUT TO TRENTON ROAD OR TINITOWN ROAD THAT WOULD HELP CUT DOWN ON THE TRAFFIC IF A LOT OF THE SERVICES COULD BE AT LEAST LOCAL SOME FOODS AND SERVICES. BUT, IN LIGHT OF THAT, R-4 IS PROBABLY THE NEXT BEST ZONE FOR THIS PROPERTY.

>> THANK YOU. THAT'S KIND OF THE LAST FIVE OR SIX-YEAR HISTORY OF THIS AREA.

>> THANK YOU. >> COUNCIL PERSON BUTLER YOU

ARE RECOGNIZED. >> THANK YOU, MAYOR I HAVE A COUPLE QUESTIONS. THE FIRST ONE YEAH, THE FIRST ONE IS FOR YOU. HAD YOU MENTIONED THAT WE HAVE STAYED IN CONTACT WITH THIS OWNER ABOUT THIS PROPERTY. I JUST WANT TO CONFIRM ESSENTIALLY THEN HE'S MADE HIS DECISION? LIKE IF THIS IS WHAT HE WOULD PREFER TO DO WITH THE PROPERTY IS CAN I ALEAST ASSUME THAT FOR NOW?

>> WELL, HE OWNS THE PROPERTY WE'VE NOT SIGNED ANY DOCUMENT ANY OPTION TO PURCHASE SOIL.

WOULD ASSUME BASED ON WHAT WE'RE SEEING BEFORE US

YOU'RE RIGHT. >> THANK YOU, MAYOR.

MR. TYNDALL, I KNOW WHAT YOUR TITLE IS WOULD YOU SAY, I DON'T KNOW WHAT THE SCHOOLING OR WHAT NOT OR WHAT YOUR BACKGROUND IS REALLY IN-DEPTH, BUT YOU'RE LIKE A CITY PLANNER RIGHT? I DON'T KNOW IF THAT'S A MEAN THING TO SAY TO YOU IF THAT'S A MEAN THING TO SAY I DON'T MEAN IT THAT WAY. YOUR EXPERTISE IS PLANNING THE LAYOUTS OF CITIES, CORRECT?

>> YES. >> AND I JUST WANTED TO MAKE SURE THAT WE REPEATED SOMETHING BECAUSE YOU HAVE SAID IT TWICE NOW, THAT YOU THINK THAT WE NEED TO THROW SOME MORE COMMERCIAL IN THIS AREA.

CORRECT? >> IT COULD BE BENEFICIAL.

>> IT COULD HAVE BENEFIT. >> I JUST WANTED TO POINT THAT OUT. A LOT OF TIMES WE DO A LOT OF TALKING AND THINGS GET LOST IN THE SAUCE AND I WANTED YOU TO KNOW THAT I HEARD THAT YOU SAID THAT.

BECAUSE I THINK IT'S A GOOD IDEA, TOO.

BUT THAT'S NOT MY AREA OF EXPERTISE.

THE ONE QUESTIONDY HAVE FOR YOU IS YOU MENTIONED THAT STREET SAID TO RESERVE AN AMOUNT TO WIDEN NEEDMORE IS THAT LIKE DIRECT LIKE THAT'S GOING TO HAPPEN FOR SURE OR DOES HE HAVE TO AGREE TO THAT?

>> WELL, IF THIS DOES REZONE AND THEY BRING IT IN A SITE PLAN THAT WILL BE EVALUATED. WHAT WE TRY TO DO DURING ZONING IS LET THE APPLICANTS KNOW.

A LOT OF TIMES MAYBE NOT THIS ONE BUT THEY'RE CONTRACT PURCHASES. SOMEONE KNOWS HEY, MAYBE I'M GOING TO LOSE AN ACRE OR HAVE TO SELL AN ACRE MY DENSITY COULD GET REDUCED OR SETBACKS COULD BE CHANGED IT'S JUST AN AWARENESS WE CAN'T APPLY THE RIGHT OF WAY DEDICATION TO THE ZONING. BUT WHEN THEY COME BACK AND DEVELOP IT WHETHER IT'S A SUBDIVISION OR SITE PLAN THE STREET DEPARTMENT WILL TELL THEM EXACTLY HOW MANY FEET BACK THEY WOULD NEED. WE EITHER RESERVE IT FOR ACQUISITION OR SOMETIMES THE DEVELOPER WILL DONATE IT IF IT'S A SMALLER AMOUNT OR THEY CAN WRITE IT OFF.

[00:25:02]

DOING. >> GOT IT.

THANK YOU SO MUCH FOR THAT CLARITY.

>> COUNCIL PERSON REYNOLDS YOU ARE RECOGNIZED.

>> I WOULD LIKE TO FOLLOW UP ABOUT THE COMMERCIAL.

WE'RE AT THE POINT AS WE START PLANNING OUR CITY THAT NOW WE'VE EXTENDED THAT CHILDREN HAVE TO WALK 1.5 IF THEY LIVE WITHIN ONE MILE OR 1.50 MILES THEY HAVE TO WALK TO SCHOOL. SO I AM VERY PROPUTTING BUSINESSES INSIDE COMMUNITIES SO YOU DON'T HAVE TO DRIVE BUT I HAVE A CONCERN THAT WHEN WE SAY THAT WE'RE TALKING ABOUT A RIGHT ADJACENT TO THE SCHOOL DURING THE DAY WHEN WE KNOW KIDS WILL BE WALKING.

EVEN IN THE EVENINGS WHEN KIDS LIKE I WAS A KID I PLAYED ON THE PLAYGROUND AT THE SCHOOL IN THE EVENING THAT WAS SCHOOLS ARE ALSO PARKS, RIGHT IN THE EVENING THEY'RE CITY PROPERTY. SO I JUST HAVE A CONCERN THAT WE WOULD TALK ABOUT PUTTING COMMERCIAL IN THE MIDDLE SO CLOSE TO THE SCHOOL KNOWING THAT WE'RE GOING THAT WE'RE PUSHING MORE AND MORE CHILDREN TO SCHOOLS. THAT'S SOMETHING NOT ONLY ON THIS PROPERTY. IF IT WAS ACROSS THE STREET OR UP THE ROAD I WOULD PROBABLY NOT BE CONCERNED FOR THE COMMERCIAL PIECE OF THAT CONVERSATION.

BUT RIGHT IN FRONT OF THE SCHOOL, RIGHT IN THAT WHOLE BUSY CORNER NOW WE'RE ASKING KIDS TO WALK I WOULD SAY THAT I WOULD -- I HAVE CAUTION FOR THAT

CONVERSATION. >> THANK YOU.

ANY OTHER QUESTIONS OR COMMENTS REGARDING ORDINANCE 18? COUNCIL PERSON SMITH.

>> I WOULD AGREE WHAT SHE JUST SAID THAT IS SO GREAT TO SAY THAT. WE HAVE TO LOOK OUT FOR OUR CHILDREN AS WELL AS OUR PARENTS WHO WILL BE WALKING THEM TO SCHOOL. SO, YOU KNOW, THIS MAY BE SIMPLE BUT IT'S SERIOUS. THANK YOU.

>> OKAY, ANY OTHER COMMENT OR QUESTION REGARDING ORDINANCE 18. SEEING NONE, HEARING NONE.

ORDINANCE 19, 2022-23, MR. TYNDALL PLEASE, SIR.

>> THANK YOU, MAYOR. THIS IS PLANNING CASE NUMBER Z-59-2022 APPLICATION OF BYARD & MABRY HOLDINGS.

CURRENTLY ZONED AG AND R-1 REQUESTING TO GO TO R-2.

THE PROPERTY IS ON THE SOUTH FRONTAGE OF NEAR RINGGOLD ROAD AND IT IS AN EXTENSION OF THE R-2 WHICH WAS RECENTLY REZONED ON PORTIONS OF THIS PROPERTY.

THE PROPERTY IS CURRENTLY A GRASSLAND FIELD AND A HOME SITE AND THE APPLICANT STATEMENT IS APPLICANT REQUESTS AN EXTENSION OF THE ADJACENT R-2 TO SUBJECT TRACKS SO THAT IT IS THE SAME ZONING AS THE TRACT OF WHICH SUBJECT PROPERTY IS. APPLICANT INTENDS TO SUBMIT A PRELIMINARY PLAT ON THE ENTIRE TRACK AFTER ZONING IS APPROVED AND THE PLAT HAS ATTACHED FOR INFORMATION AND TRANSPARENCY. WITHIN THE LAST YEAR, YOU WILL SEE THE BLOCK OF R-6 AND R-2 NORTH OF THIS THAT WAS A REZONING REQUEST THAT WAS APPROVED AND THEY WENT THROUGH SUBDIVISION PHASE. WHILE THE SUBDIVISION REGULATIONS REQUIRED TWO DRIVEWAYS WHEN YOU GET OVER A CERTAIN AMOUNT OF LOTS. MR. MABRY DID GET A VARIANCE FOR HE EXCEEDED IT BY JUST A LITTLE BIT.

AND THE STREET DEPARTMENT WORKED ON THE BEST WAY TO PUT THE DRIVEWAY AT THAT CURVE.

WHAT THIS DOES IS ALLOWS THE SUBDIVISION TO HAVE TWO ENTRANCES, TWO SAFER ENTRANCES AND NOT ALL THE TRAFFIC HAS TO GO IN AND OFF THE CURB.

THEY CAN WORK ON TURNING LANES AND SUCH AND THIS WILL BE ONE ENTRANCE THROUGH WHAT'S REZONING HERE AND YOU HAVE THE OTHER ENTRANCE OUT THERE.

SO IT'S MERELY ADDING EIGHT ACRES OF WHICH ABOUT AN ACHE AND A HALF OF THAT WILL BE USED FOR RIGHT OF WAY AND A COUPLE MORE LOTS TO GET THE WHOLE SUBDIVISION A SAFER

ACCESS. >> SPEAKING OF THE CORNER AND RINGGOLD ROAD THIS IS WHERE THE CURRENT SUBDIVISION WOULD EXIT LOOKING BACK TOWARDS THE POST OFFICE ON THIS ANGLE. NOW WE'RE LOOKING BACK THE OTHER WAY THE PROPERTIES ON THE LEFT SIDE OF THE STREET JUST PAST THE TREES, I BELIEVE.

HERE IT IS RIGHT HERE WHERE THE DRIVEWAY IS IS LIKELY WHERE THE NEW ROAD WOULD COME IN AND INGREDIENT BACK TO THE SUBDIVISION IN THE REAR.

THIS HOME IS PORTION OF THE APPLICATION WOULD BE REMOVED WHEN THE SUBDIVISION IS APPROVED.

THERE'S THE HOME TO THE RIGHT WHICH IS NOT PART OF THIS APPLICATION. STAFF RECOMMENDS APPROVAL.

GAS AND WATER MENTIONED THAT THERE'S NO GRAVITY SEWER AVAILABLE BUT THEY DO HAVE AN APPROVED SUBDIVISION THAT WILL EXTEND IT. TRAFFIC ASSESSMENT WAS REQUIRED. THE PREVIOUS TRAFFIC ASSESSMENT FOR Z-46-2021 WHICH WOULD BE ORIGINAL SUBDIVISION APPLICATION, WAS REVISED AND APPROVED.

A LEFT TURN LANE AT THE EAST ENTRANCE HAS BEEN COMMITTED TO AND WOULD LIKE TO DISCUSS MOVING A LEFT TURN FROM THE EAST ENTRANCE TO THE WEST ENTRANCE DURING SUBDIVISION PHASE. NO OTHER COMMENTS RECEIVED

[00:30:02]

STAFF RECOMMENDS APPROVAL. THE PROPOSED REQUEST IS CONSISTENT WITH THE LAND USE PLAN.

THIS PROPERTY WOULD ALLOW A SECOND ACCESS POINT TO AN ALREADY APPROVED SUBDIVISION AND ADDITIONAL HOUSING UNITS ADEQUATE INFRASTRUCTURE SERVES THE SITE AND NO ADVERSE ENVIRONMENTAL ISSUES WERE IDENTIFIED AND THE PLANNING COMMISSION ALSO RECOMMENDED APPROVAL.

>> THANK YOU, MR. TYNDALL. ANY COMMENT OR QUESTION REGARDING ORDINANCE 19? SEEING NONE, HEARING NONE WE'RE READY FOR ITEM 9, ORDINANCE 20.

MR. TYNDALL PLEASE, SIR. >> WE HAD A DEFERRAL.

THIS IS CASE NUSK ZO-2-2022 THIS IS IN RESPONSE TO CITY COUNCIL RESOLUTION FROM TWO MONTHS AGO 63-2021-20 WHERE THE CITY COUNCIL ASKED THE PLANNINGS COMMISSION TO CLARIFY HOW TOE-IN LOTS ARE HANDLE THED THAT THEY MAY NOT BE CAPACITIABLE WITH THE GROWING CITY OF CLARKSVILLE.

I WILL TELL YOU THAT THE RECREATION PC MET WITH BUILDING CODE STAFF TWICE WITH THE SPONSOR OF THIS TO GO OVER THE ORDINANCE. WE HAVE PROPOSED SEVERAL CHANGES TO THE ORDINANCE ALL DEALING JUST WITH WRECKER SERVICES AND TOW-IN LOTS. OF THE HIGHLIGHTS THERE WE HAVE ADDED WRECKER SERVICES AS A COMMITTED PERMITTED WITH CONDITIONS IN M-1 AND M-2 WE FOUND A SORT OF LOOPHOLE IN THERE WHERE WRECKER SERVICES ARE CURRENTLY PERMITTED IN C-5 NOT WITH CONDITIONS WHICH MEANS THEY COULD GO ON ANY C-5 PROPERTY.

SO IT'S KIND OF IMPORTANT TO PUT THE CONDITIONS IN ON THAT. FOR TOW-IN LOTS THEY CAN BE BUILT RIGHT UP TO ANY RESIDENTIAL PROPERTY.

WE'RE NOW GOING TO REQUIRE A 25 FOOT SETBACK WITH THE REQUIRED FENCING AND THE REQUIRED LANDSCAPE PLAN THAT WOULD GO THROUGH THE PLANNING COMMISSION TO MAKE SURE THAT THE BUFFER WAS APPROPRIATE.

THE ONLY TIME YOU DON'T HAVE TO GO BACK TO 25 FEET IS IF THE TOW-IN LOT IS FOR SOME REASON INSIDE OF A BUILDING.

WE HAVE HEARD SEVERAL TIMES FROM OTHER ZONING CASES WHERE TOW-IN LOTS LIKE TO SELL CARS THEY ARE PERMITTED TO SELL CARS THAT HAVE TOW LIENS ON THEM.

THIS IS SOMETHING THE STATE JAG LOUSE TOWING COMPANIES AND WRECKING COMPANIES TO DO.

IF YOU TOW A CAR YOU CAN'T FIND THE OWNER AND THE OWNER CAN'T PAY OR DOESN'T PAY YOU CAN THEN FIX IT AND SELL IT TO RECOUP YOUR COSTS FOR TOWING THAT CAR OR TRUCK.

WE ARE ALLOWING THE TOWING LIEN WORK, SO FIXING THE CARS TO BE PERFORMED ON THE LOT.

THIS SHOULD TYPICALLY BE SOME LIGHTER END WORK IF YOU ARE, FOR INSTANCE, GOING TO REPLACE A MOTOR OR A FRONT END ON A VEHICLE YOU'RE LIKELY TO TAKE THAT TO A BODY SHOP. IF YOU NEED TO JUST REPLACE A WINDOW OR TIRES THAT'S SOMETHING THAT YOU CAN DO ON YOUR TOW-IN LOT WE ARE ALLOWING THAT FOR THOSE VEHICLES ONLY. WE ALSO DECIDED AND WE LOOKED AT A MAP TO LOWER THE WRECKER SERVICE STANDOFF DISTANCE CURRENTLY HAS TO BE 500 FEET FROM A ANY RESIDENTIAL ZONE. THAT ELIMINATES JUST ABOUT EVERY COMMERCIAL PIECE IN THE CITY.

IT OPENS UP JUST A COUPLE MORE POCKETS OF AREAS WHERE THESE MIGHT BE NEEDED AS WE CONTINUE TO GROW AS A CITY.

THERE'S THE IDEA THAT MAYBE ONE OR TWO TWO MORE OF THESE IN THE FUTURE MAY NEED TO COME ON-LINE.

BUT THESE ARE TYPICALLY GOING TO BE IN AREAS OFF CRAFT STREET WHERE THERE ARE LARGE AREAS OF C-5 OR M-1 AREAS THAT IS NOT NEAR RESIDENTIAL AREAS.

WE SUBMIT THESE CHANGES TO THE ZONING ORDINANCE WITH THESE TWO THINGS IN MIND. I WOULD BE HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS. I BELIEVE YOU SHOULD ALSO HAVE A RED LINE COPY IN YOUR TABLETS TO REALLY SHOW YOU WHAT'S BEEN REMOVED OR ADDED LINE BY LINE.

>> THANK YOU, MR. TYNDALL. TO THE SPONSOR YOU ARE

RECOGNIZED. >> THANK YOU, MAYOR THE I JUST WANTED TO SHARE MY APPRECIATION WITH THE REGIONAL PLANNING COMMISSION AND BUILDING CODES FOR THE WORK THAT THEY'VE DONE ON THIS.

THE CHANGES THAT THEY HAVE IDENTIFIED WOULD CERTAINLY HAVE BEEN VERY MUCH APPRECIATED BY THE CASE IN WARD 1 INSPIRED ME TO ASK FOR THIS REVIEW AND CONSIDERATION. SO THANK YOU VERY MUCH.

>> COUNCIL PERSON SMITH YOU ARE RECOGNIZED.

>> THANK YOU, MAYOR. I HAVE A CONCERN WITH

CHANGING -- >> YOU WILL SPEAK INTO YOUR MICROPHONE IF YOU DON'T MIND.

>> THE RESIDENTIAL FROM 500 TO 300 I THINK IT WILL BE A BURDEN ON THE COMMUNITY AS WELL AS PEOPLE.

BECAUSE OF POLLUTION. SOME CALLS COMING IN THEY WILL PUT OFF SOME KIND OF GASES.

SO I THINK CHANGING THE DISTANCE FROM 500 TO 300 IS GOING TO BE A PROBLEM FOR THE COMMUNITY.

[00:35:04]

BECAUSE THERE ARE NO FENCES AROUND THESE PLACES.

THANK YOU. >> COUNCILPERSON REYNOLDS

YOU ARE RECOGNIZED. >> I WOULD LIKE TO ASK THE SPONSOR OF THE BILL WHAT HE THINKS ABOUT DECREASING THE SIZE THE SETBACK FROM 500 TO 300.

>> QUESTION FOR THE SPONSOR. >> OBVIOUSLY, YOU KNOW, IF WE'RE LOOKING AT SETBACKS 500 IS MORE DESIRABLE THAN A 300 FOOT SETBACK BUT I AM CONSCIOUS OF THE NEED FOR THESE TYPES OF SERVICES AND I DON'T THINK THAT CREATING A STANDOFF THAT VIRTUALLY ELIMINATES THE ABILITY FOR THIS TYPE OF BUSINESS TO OPERATE IN THE CITY IS REALLY IN THE BEST INTEREST OF THE CITY.

SO I THINK THIS IS A GOOD COMPROMISE.

>> MR. TYNDALL. WHAT WAS THE SCIENCE BEHIND

300 VERSUS 500 FEET? >> WELL, WE LOOKED AT A MAP AND WE STARTED DRAWING WHAT 500 FEET AROUND WE USED GIS TO BUFFER THESE AREAS AND SAID WELL WHERE ARE AREAS THAT ARE NOT NEAR, NOT JUST RESIDENTIAL BUT AS YOU NOTICE WE HAVE INCLUDED C-2 THAT IS CURRENTLY BEING USED AS MULTIFAMILY. WHEN THIS ORDINANCE FIRST CAME IN WITH THE 500 FEET C-2 WAS NOT BEING USED WITH MULTIFAMILY. WE ALSO FEEL THAT C-2 SHOULD BE CREATED LIKE R-4 THAT'S WHAT REALLY STARTS CUTTING INTO THESE AREAS BECAUSE WE DO HAVE A LOT OF THESE ARGUMENT COMPLEXES COMING IN ON C-2 RECENTLY AND WE SHOULD TREAT THOSE AS RESIDENTIAL AND NOT COMMERCIAL PROPERTIES. SO THAT'S REALLY WHAT'S STARTING TO LOWER THAT THRESHOLD.

BUT TO PUT IN MIND AND TO PUT INTO REFERENCE 300 FEET IS ABOUT A LENGTH OF A CITY BLOCK.

SO IT'S NOT THAT CLOSE. IT IS 500 FEET WOULD BE ALMOST TWO CITY BLOCKS SO IT'S CLOSE BUT NOT RIGHT ON TOP OF YOU. TO PUT IT IN COMPARISON THERE'S PLENTY OF C-5 USES THAT COULD BE RIGHT IN YOUR BACKYARD. THAT ALSO MAY NOT BE DESIRABLE BUT THIS ONE WOULD BE AT LEAST KEPT 300 FEET

AWAY. >> A FOOTBALL FIELD.

OKAY. I'M NOT REALLY SOPHISTICATED WHEN IT COMES TO THESE SORTS OF BUSINESSES BUT IS PICK APART THAT PHENOMENON CALLED PICK APART WHERE THEY HAVE CARS OUT AND FOLKS COME GET PARTS AND PIECES.

>> THAT'S NOT WHAT WE ARE TALKING ABOUT.

THAT WOULD BE A SCRAP YARD OR A JUNK YARD THAT'S A COMPLETELY DIFFERENT ZONING CLASSIFICATION.

THIS IS MERELY TWO DIFFERENT DEFINITIONS.

TOWING LOT JUST WHERE THE VEHICLES GO AND WHERE THEY CAN BE RECLAIM FROM. WRECKER SERVICE WHERE THE TOW TRUCKS GET MAINTAINED AND STAY WHERE THEY'RE NOT BEING USED. YOU MAY ALSO SEE CARS TOWED TO A WRECKER SERVICE BUT MUCH MORE OF A HEAVIER USE BECAUSE THEY ARE MAINTAINING THOSE TRUCKS DIESEL TRUCKS THERE'S A TOW-IN SERVICE JUST DOWN ON COLLEGE STREET THEY ARE RUN 24 HOURS A DAY THEY HAVE SOME VERY BIG VEHICLES. THOSE ARE TWO REAL DIFFERENCES. YOU COULD THEN TOW A VEHICLE FROM A TOW-IN LOT TO A JUNK YARD DO A PICK APART BUT THAT CAN'T HAPPEN. THE CODE ACTUALLY SAYS YOU CAN'T SELL PARTS FROM A TOW-IN LOT.

>> OKAY, THANK YOU. ALL RIGHT.

[2) CONSENT AGENDA]

Y'ALL READY FOR THE CONSENT AGENDA.

MADAM CLERK. ASK YOU TO READ THE CONSENT

AGENDA. >> ALL ITEMS IN THIS PORTION OF THE AGENDA ARE CONSIDERED TO BE ROUTINE AND NONCONTROVERSIAL 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 122-2021-22 SECOND READING. AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE APPLICATION OF REDDA HOME BACKGROUNDERS FOR ZONE CHANGE ON THE PROPERTY LOCATED FROM EASTERN TO R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT.

ORDINANCE 01-2022-23 SECOND READING.

AN ORDINANCE AUTHORIZING THE DONATION OF PROPERTIES LOCATED AT 1103 CROSSLAND AVENUE AND 341 HICKORY HEIGHTS TO HABITAT FOR HUMANITY FOR COMMUNITY DEVELOPMENT. ORDINANCE 02-2022-23 SECOND READING. AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE APPLICATION OF POWERS AND ATKINS LLC FOR ZONE CHANGE

[00:40:01]

ORDINANCE 0-2022-23 SECOND READING.

AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKVILLE, APPLICATION OF ORVILLE JAMES FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF NORTH FORD STREET AND SIMPSON LANE FROM R-3 THREE FAMILY RESIDENTIAL DISTRICT TO R-6 SINGLE FAMILY RESIDENTIAL DISTRICT. ORDINANCE 07-2022-23 SECOND READING. AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF JOHNNY PIPER FOR ZONE CHANGE ON PROPERTY LOCATED ON THE SOUTHERN FRONTAGE OF CAVE SPRANGS ROAD EAST OF DANKO LANE FROM R-6 SINGLE FAMILY DISTRICT TO R-4 MULL MIDDLE FAMILY DISTRICT.

>>> RESOLUTION 21-2022-23. A RESOLUTION APPROVING APPOINTMENT OF THE ARTS AND HERITAGE DEVELOPMENT COUNCIL. BOARD OF EQUALIZATION, REGIONAL AIRPORT AUTHORITY, SUSTAINABILITY BOARD AND TREE BOARD. RESOLUTION 2022-2022-23.

A RESOLUTION APPROVING A RETAIL LIQUOR STORERT CERTIFICATE OF COMPLIANCE FOR SALE OF LIQUOR AT CROCKER'S FINE WINE AND SPIRITS 224 DOVER ROAD, CLARKSVILLE TENNESSEE 37042. RESOLUTION 23-2022-23.

A RESOLUTION RENEWING A RETAIL LIQUOR STORE CERTIFICATE OF COMPLIANCE FOR BILLY G. BROWN FOR OPERATION OF BILL'S PACKAGE STORE LOCATED AT 1651 FORT CAMPBELL, BOULVARD, CLARKSVILLE, TENNESSEE.

ADOPTION OF MINUTES FROM JULY 7TH.

>> THANK YOU, MADAM CLERK. ANY COMMENT OR QUESTION

[3) FINANCE COMMITTEE]

CHAIR CHILDREN STREETMAN YOU ARE RECOGNIZED.

>> THANK YOU, MAYOR. ORDER 10-23-23 -- 10-2022-23 FOR THE USE BY THE MONTGOMERY COUNTY TENNESSEE HIGHWAY DEPARTMENT FINANCE COMMITTEE RECOMMENDED APPROVAL FOR THIS. AS YOU WILL SEE IN THE ATTACHMENT THAT CAME ALONG IT WITH FOR EXHIBIT 5 THIS IS A VERY SMALL PIECE OF PROPERTY THAT WE WOULD BE GIVING OVER TO THE HIGHWAY DEPARTMENT.

>> ANY COMMENT OR QUESTION COUNCILPERSON BUTLER YOU ARE

RECOGNIZED. >> THANK YOU, MAYOR.

I'M JUST GOING TO CAVEAT THAT.

THIS PROPERTY IS SANDWICHED IT'S A SANDWICHED PIECE OF PROPERTY WITH PROPERTY FROM THE SCHOOL SYSTEM AND ONCE WE GIVE THEM THIS PROPERTY THEN THE SCHOOL SYSTEM WILL GIVE THEM THE PROPERTY AND THE HIGHWAY SUPERVISOR IS ACTUALLY HERE IF ANYONE HAD ANY QUESTIONS ABOUT THIS.

THAT'S IT. THANKS.

>> THANK YOU. ANY OTHER COMMENT OR QUESTION REGARDING THIS ORDINANCE? CHAIRPERSON STREETMAN YOU ARE RECOGNIZED.

>> THAT'S ALL FOR THE FINANCE COMMITTEE, MAYOR.

>> THANK YOU. GAS AND WATER COMMITTEE.

[5) NEIGHBORHOOD & COMMUNITY SERVICES COMMITTEE ]

NEXT ITEM IS NEIGHBORHOOD AND COMMUNITY SERVICES COMMITTEE CHAIRPERSONPERSON STREETMAN YOU ARE

RECOGNIZED. >> THANK YOU THANK YOU, MAYOR. ORDINANCE I PROVING THE DONATION FROM THE CITY OF CLARKSVILLE TO GOING LOCAL INITIATIVES INCORPORATED. A NOT FOR PROFIT CORPORATION FOR THE PURPOSE OF PROVIDING AFFORDABLE HOUSING UNITS IN THE CITY OF CLARKSVILLE. THE NEIGHBORHOOD AND COMMUNITY SERVICES COMMITTEE RECOMMENDED APPROVAL AND THIS IS GOING TO THE LIKE YOU SAID GOING LOCAL THIS IS TO BE ABLE TO BUILD TWO HOUSES FOR PURCHASE FOR

AFFORDABLE HOUSING. >> ANY COMMENT OR QUESTION REGARDING THIS ORDINANCE? COUNCILPERSON REYNOLDS YOU

ARE RECOGNIZED. >> I WOULD LIKE TO KNOW DO YOU KNOW WHAT IS THE INCOME LEVEL THAT THEY'RE TARGETING

80%, 60%? >> THIS WOULD BE TRUE AFFORDABLE HOUSING. NOT HIGH WASH.

[00:45:02]

>> I UNDERSTAND BUT THERE'S A TARGET INCOME TARGET.

>> RIGHT. I THINK THE LAST ONE WE DID

WAS 80. >> WE WOULD FOLLOW THE HUD

GUIDELINES. >> I WAS JUST WONDERING WISH WHICH THAT WAS ALL. I KNOW I SAT IN THE MEETING

AND I FORGET TO ASK. >> ARE YOU STILL ASKING ME THAT? OR ARE YOU GOOD?

>> I'M JUST ASKING. IF YOU DON'T KNOW I'LL REACH OUT MYSELF? I DON'T MIND.

>> I DON'T KNOW THAT OFF THE TOP OF MY HEAD.

I APOLOGIZE. >> LIKE I SAID IT WAS FOR LIKE WE DISCUSSED THE AFFORDABLE HOUSING INCLUDING

SELLING BEHIND THAT. >> THANK YOU.

>> COUNCILPERSON STREETMAN ANYTHING ELSE?

>> NO. >> SORRY, I'LL HAVE A FULL

[6) PARKS & RECREATION COMMITTEE]

>> OKAY, WE'RE NOW READY FOR PARKS AND RECREATION COMMITTEE. CHAIRMANPERSON YOU ARE

REPORT. >> I WILL WHY HAVE A FULL REPORT NEXT WEEK. -- I WILL HAVE A FULL REPORT

NEXT WEEK. >> THANK YOU, COUNCILPERSON

REYNOLDS YOU HAD A QUESTION. >> I KNOW THAT -- THE ORDINANCE THAT'S LISTED SAYS THAT WE APPROVED IT AND WE

DID NOT APPROVE IT. >> THERE'S NO ORDINANCE FOR PARKS AND RECREATION COMMITTEE.

AND THAT'S THE NEXT ONE. >> I JUMPED AHEAD.

EXCUSE ME I JUST HEARD YOUR VOICES.

I'M SORRY. >> AHEAD OF HER TIME.

[7) PUBLIC SAFETY COMMITTEE ]

RECOGNIZED. >> I APPRECIATE THE REMINDER. WE ARE NOW AT PUBLIC SAFETY.

ORDINANCE 09-2022-23 FIRST READING.

AN ORDINANCE AMENDING THE OFFICIAL CODE OF ORDINANCES OF THE CITY OF CLARKSVILLE, TENNESSEE, TITLE 4.

BUILDING UTILITY, AND HOUSING CODES.

CHAPTER 3, TO ADD NEW SECTION 4-315 ESTABLISHING AN ELECTRICAL AND MECHANICAL BOARD.

IT DOES SAY THAT THE COMMITTEE DID VOTE FOR APPROVAL. BUT WE DID NOT HAVE CARRIUM BUT WE DID DISCUSS IT IN OUR COMMITTEE MEETING.

-- A QUORUM. WE DID NOT -- ARE WE GOING TO WITHDRAW THIS NEXT WEEK? WE HAD TALKED ABOUT COMBINING TWO COMMITTEES AND I THINK -- I THOUGHT WE

DEFERRED IT? >> NO, WE DIDN'T.

WHAT WE'RE PROBABLY GOING TO DO IS IF WE CAN GET DAVID

SMITH TO COME UP. >> DAVID SMITH DIRECTOR OF BUILDING CODES IS HERE I THINK HE CAN EXPLAIN IT.

ALSO TALK ABOUT THE OTHER BOARD PERHAPS.

MR. SMITH, PLEASE, SIR. >> WE HAVE A GAS AND PLUMBING BOARD ALREADY. THAT'S SOMETHING WHERE THE COMPOSITION OF THE BOARD CAN MEET SOME OF THE CONTRACTORS IN TOWN OF THOSE DISCIPLINES TO COME TOGETHER AND LOBBY FOR CHANGE. DIFFERENT FEES, THAT REALLY SPECIFICALLY POLICY AND PROCEDURE I THINK THAT WE CAN CHANGE IN-- INTERNALLY WITHIN DEPARTMENT.

WHEN WE PICKED UP MECHANICAL AND ELECTRICAL INSPECTIONS ABOUT 10 YEARS AGO WE NEVER CREATED A BOARD LIKE THAT TO REPRESENT THESE PARTICULAR CONTRACTORS.

IT WAS PROPOSED MR. BAKER THAT WE CONSOLIDATE THOSE GROUPS. SO IN THE MEANTIME I REACHED OUT TO SOME OF THE SUBCONTRACTORS IN TOWN AND GOT SOME FEEDBACK, I SPOKE TO MEMBERS PAST PRESIDENTS AND THEY REALLY WOULD LIKE THEM TO BE TWO SEPARATE ENTITIES. EVERY SUBCONTRACTOR FEELS LIKE THEIR WORK IS THE MOST IMPORTANT.

KEEPING THOSE GROUPS SEPARATE.

>> COUNCILPERSON REYNOLDS DID YOU HAVE A QUESTION?

>> THAT WAS WHAT WAS LEFT OVER FROM OUR CONVERSATION

IN THE COMMITTEE MEETING. >> ANY QUESTIONS FOR MR. SMITH. CHAIRPERSON YOU ARE

RECOGNIZED? >> WHAT ADVANTAGE DO YOU SEE

SEPARATING THE BOARDS? >> IT'S GOING TO BE WORK MORE EXPEDITIOUSLY CERTAINLY.

PLUMBING AND GAS CONTRACTORS MAY OR MAY NOT HAVE SOMETHING TO SAY ABOUT THE OTHER TRADESMEN.

THEY ARE ON THE SAME JOB SITES BUT THERE IS OR ISN'T AN OVERLAP. IT WOULD KEEP THE CONVERSATION MORE FOCUSED TO HAVE THE TWO GROUPS SEPARATE. ASIDE OF HAVING A BETTER REPRESENTATION OF THAT RESPECTIVE CONTRACTOR ON THE BOARD. I MEAN THERE'S, THERE'S MANY REASONS. I'M NOT CERTAIN WE WILL FLESH THOSE OUT AT A LATER DATE WE CAN ALWAYS

CONSOLIDATE THOSE. >> OKAY, COOL.

>> QUESTION FOR YOU COUNCILPERSON SMITH YOU ARE

RECOGNIZED. >> THANK YOU, MAYOR.

YES, WILL THE BOARD BE PAID? >> NO, NOT AT ALL.

>> THEY'LL JUST WORK WITH CITIZENS?

>> THE COMPOSITION OF THIS BOARD WOULD MIRROR LARGELY THE PLUMBING BOARD. IT'S CHAIRED BY THE BUILDING OFFICIAL WHO WORKS FOR ME. THIS WILL BE AN INSPECTOR THAT WOULD SERVE POTENTIALLY. THERE'S A CONTRACTOR REPRESENTATIVE WHO HAVE SPOKE WITHIN MR. TAYLOR THEN A PRIVATE CITIZEN. THE PRIVATE CITIZEN WOULD BE APPOINTED BY THE MAYOR AND THE CONTRACTOR WOULD BE APPOINTED BY THE MAYOR. THE REST OF THOSE WOULD BE

INTERNAL STAFF. >> SO IT WILL BE A DIVERSE

[00:50:01]

BOARD? >> ABSOLUTELY.

>> I WOULD LIKE TO SEE SOME CONTRACTORS ON THERE THAT ARE AFRICAN-AMERICAN. I APPRECIATE THAT IF YOU DO.

JUST TRYING TO MAKE IT DIVERSE.

WHILE I'M HERE UNDER MY WATCH I WANT TO SEE EVERY DEPARTMENT THAT WORKS. I DON'T WANT TO -- YES,

MA'AM. >> ANY OTHER QUESTIONS FOR MR. SMITH? THANK YOU, SIR.

CHAIRPERSON. >> I WILL HAVE A FULL REPORT

[8) TRANSPORTATION-STREETS-GARAGE COMMITTEE]

NEXT WEEK. >> THANK YOU.

>>> TRANSPORTATION STREETS AND GARAGE COMMITTEE.

>> I REPORT FOR YOU NEXT WEEK, MAYOR, THANK YOU.

[9) NEW BUSINESS]

>> THANK YOU. WE ARE NOW READY FOR NEW BUSINESS. ORDINANCE 2022-2022-23 FIRST READING AN ORDINANCE AMENDING THE OFFICIAL CODE TITLE 5 CHAPTER 11 RELATIVE TO FORTUNE TELLERS, MEDIUMS, ETC. COUNCILPERSON BUTLER YOU ARE

RECOGNIZED. >> THANK YOU, MAYOR.

I WROTE MY COMMENTS SO WE CAN GET OUT OF HERE EARLY.

THE CHAPTER I'M TRYING TO REMOVE HERE CHAPTER 11 WAS ADDED IN 1986 AND AMENDED IN 1998.

IT COVERS AN ASSORTMENT OF META PHYSICAL BUSINESSES THE ONES SPECIFICALLY TELLING FORTUNES, CLARIFY VOYANCY, SPIRITUALISM, PALMISTRY AND CARD READING.

FEELING SOMEONE'S SKULL SINCE WE HAD ASKED ABOUT THAT AND I WASN'T SURE WHAT IT WAS I LOOKED IT UP.

BUT IT ALSO ADDS IN TATTOO PARLORS.

AND IN 2014, THE STATE OF TENNESSEE BROUGHT THE HEALTH AND SAFETY OF TATTOO PARLORS UNDER TITLE 62 PROFESSIONS BUSINESSES AND TRADES CHAPTER 38 TATTOOS AND BODY PIERCING PART 2 GENERAL PROVISIONS TENNESSEE CODE 62-38-201. AFTER TALKING TO MR. BAKER, BEFORE I CAME UP HERE, THAT IS THE MOST RECENT.

I DON'T KNOW IF MAYBE THEY COVERED TATTOOS BEFORE THAT BUT THAT'S THE MOST RECENT ONE THAT I READ IT WAS 2014.

THIS CLARKSVILLE LAW HAS NOT BEEN REVISITED SINCE THE AMENDMENT IN 1998. THEREFORE, IT HAS NOT BEEN RECONSIDERED SINCE THIS STATE TOOK OVER REGULATION OF TATTOO PARLORS. MR. BAKER HAS AGREED THAT MANY PORTIONS OF CHAPTER 11 ARE UNCONSTITUTIONAL.

THE UNITED STATES DISTRICT COURT THAT COVERS MIDDLE TENNESSEE AGREED IN A 2004 RULING THAT FORCED THE CITY OF DIXON TO REPEALING A SIMILAR LAW.

THAT SUIT DALY VERSUS CITY OF DIXON WAS BROUGHT BY THE ACLU. FOR A LITTLE BIT OF PERSPECTIVE, DIXON IS LESS THAN AN HOUR DRIVE FROM WHERE WE ARE IT'S IN THE NEXT COUNTY OVER.

SOME OF THE REQUIREMENTS THAT ARE LISTED IN CHAPTER 11 INCLUDE A CONDITION OF MORAL TERPTUDE, FIVE YEAR OF RESIDENTS HISTORY, TWO REFERENCES PER PLACE OF REFERENCE, A BILL OF HEALTH FROM A MONTGOMERY COUNTYINGS F.X. PHYSICIAN TO HAVE BEEN A TENNESSEE RESIDENT FOR 10 YEARS, AND TO ALSO HAVE A COLLEGE DEGREE FROM AN ACCREDITED UNIVERSITY. AND ALL OF THOSE REQUIREMENTS ARE SUPPOSED TO BE SUBMITTED TO A BOARD THAT DOESN'T CURRENTLY EXIST AND ONE OF THE POSITIONS THAT ARE SUPPOSED TO BE ON THE BOARD IS ACTUALLY NOT CURRENTLY A POSITION THAT EXISTS IN THE CITY EITHER.

I JUST WANTED TO CONFIRM THAT BECAUSE THIS DID NOT MAKE IT ONTO ANY OF THE COMMITTEES, I DID REACH OUT TO THE CHIEF JUST TO CONFIRM THAT REPEALING THIS WOULD NOT HAVE AN IMPACT ON C.P.D. AND I ALSO ASKED RIGHT BEFORE THIS IF THIS IMPACTS OUR FINANCES AT ALL AND THEY BOTH SAID THAT IT DID NOT. FOR THESE REASONS AS WELL AS OTHERS, THAT I HAVE NOT YET DISCUSSED, I ASK YOU TO VOTE YES ON THIS REPEAL. THANK YOU.

>> ANY COMMENT OR QUESTION REGARDING THIS ORDINANCE?

[10) MAYOR AND COUNCIL MEMBER COMMENTS]

ARE RECOGNIZED. >> THANK YOU, MAYOR.

I WOULD LIKE TO OFFER MY CONDOLENCES TO PREVIOUS COUNCILMEMBER MIKE ALEXANDER IN THE LOSS OF HIS WIFE LAST WEEK. THEY HAD TWO CHILDREN TOGETHER, A DAUGHTER AND A SON AND ALSO GRANDCHILDREN THAT CALLED HER NANNY AND SHE LOST HER BATTLE WITH BREAST CANCER THAT SHE'S BEEN FIGHTING FOR YEARS.

SO I WOULD LIKE EVERYONE TO PLEASE JUST SAY A PRAYER FOR THEM. HAVE SOME THOUGHTS FOR THEM.

COUNCILPERSON ALEXANDER IN WARD 10 BUT NOT ONLY IN A DIFFERENT WARD SEAT. IF EVERYBODY CAN TAKE A MOMENT FOR THEM AND THINK ABOUT THEM THERE.

WILL BE A CELEBRATION OF LIFE SMARTPHONE FOR HER THIS

[00:55:02]

>> COUNCILPERSON SMITH YOU ARE RECOGNIZED.

>> THANK YOU FOR SHARING THAT.

I REMEMBER MIKE ALEXANDER WHEN HE FIRST RAN.

WE BECAME BEST FRIENDS HE HAS SUCH A GREAT SPIRIT.

HE HAS MY CONDOLENCES. I WOULD LIKE TO MAKE AN ANNOUNCEMENT ABOUT THE CELEBRATION EMANCIPATION AND CELEBRATIONS SOME OF HAVE YOU RECEIVED FLYERS.

YOU KNOW ABOUT IT. IF YOU DON'T HAVE ANYTHING TO DO YOU ARE NOT GOING OUT OF TOWN, PLEASE STOP BY 110 FRANKLIN STREET AND BRING YOUR FAMILY, YOUR LAWN CHAIRS LISTEN TO A LIVE BAND HEAR A DYNAMIC D.J.

WE HAVE A BAND COMING IN FROM PHOENIX, ARIZONA.

THERE WILL BE MOTORCYCLE RIDERS, VENDORS, FOOD, A JOB FAIR THE CITY IS OPENING UP A JOB FAIR THERE.

IF YOU KNOW ANYBODY THAT NEEDS A JOB PLEASE LET THEM KNOW MR. RIGGINS WILL BE ON THE SCENE.

FILLING OUT APPLICATIONS FOR PEOPLE TO COME AND GET A JOB. SO YOU CAN'T SAY HEY WE CAN'T FIND A JOB WELL THE CITY IS OPENING THE DOOR FOR YOU. COME ON AUGUST 6 FORT WORTH YOU DON'T HAVE ANYTHING TO DO.

IF YOU ARE GOING OUT OF TOWN STOP BY THIS STAYCATION AND HAVE A VACATION. THANK YOU.

>> THANK YOU. ANY OTHER COMMENT OR QUESTION? I WANT TO CALL YOUR ATTENTION TO ANOTHER FLYER THAT WAS LAID ON YOUR DESK THE TIP OF THE SPEAR REVEAL ON SATURDAY MORNING AUGUST 13TH AT 10:00 A.M. THIS IS A PROJECT BY MONTGOMERY COUNTY MAYOR JIM AND HIS SIDE KICK JEFF TRUE IT TO RAISE THE MONEY AND PROVIDE A VERY NICE DISPLAY TO HONOR THE 101ST AIR DIVISION ASSAULT.

PUT THAT ON YOUR CALENDAR AND BE THERE IT SHOULD BE A VERY NICE EVENT. THEN I HAVE AN ANNOUNCEMENT BEFORE I GET TO THAT COUNCIL PERSON RICHLAND DO YOU -- RICHMOND DO YOU WISH TO BE RECOGNIZED? I'LL ASK CASEY WILLIAMS TO PLEASE STAND.

CASEY JOINED THE COMMUNICATIONS STEAM FOR THE CITY HE'S HERE IN A DIFFERENT ROLE.

CASEY, WELCOME. [APPLAUSE] SO HE'S SAD BECAUSE HE WON'T BE HERE ON THE RECOGNIZE SESSION NIGHT. SO HE'S BEEN HERE HERE FOR SO LONG WE RESERVED A SEATED FOR YOU.

THANK YOU, WELCOME, CASEY. >> THAT WAS IT I WASN'T SURE

IF IT WAS CONFIRMED. >> ANYTHING ELSE? WE'RE ADJOURNED. SEE YA NEXT WEEK

* This transcript was compiled from uncorrected Closed Captioning.