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CAN COUNCIL DATED OCTOBER 29, 2020.

[00:00:05]

4;30 P.M.

WE HAVE SOME OF MEMBERS JOINING US ON-LINE.

COUNCILMAN HOLLOMAN AND COUNCILMAN GARRETT IS ON-LINE AND COUNCILMAN RICHAMOND ALSO ON-LINE.

I'LL ASK THOSE WHO ARE ON-LINE TO PLEASE MUTE YOUR MIC.

>> PLEASE MUTE YOUR MIC IF YOU'RE ON-LINE.

RICHARD STEVENS PLEASE MUTE YOUR MIC.

CAN WE MUTE IT? OKAY.

WE'RE GOING TO GET STARTED.

MR. TYNDALL IF YOU WOULD PLEASE START WITH THE CENSUS UPDATE AND THEN THE PLANNING

[2) 2020 CENSUS UPDATE]

COMMISSION REPORT.

>> WE HAVE FOUR SLIDES TO SHARE WITH YOU TODAY.

AND NEXT WEEK'S PACKET YOU'LL RECEIVE A COUPLE PAGE FULL SUMMARY ON THE 2020 CENSUS AND THE EFFORTS OF THE CMC COUNTS LOCAL COMPLETE COUNT COMMITTEE'S EFFORTS SINCE 2018.

I FELT IT WAS IMPORTANT SINCE THE CENSUS HAS CLOSED TO GIVE YOU A FULL RECAP AND HIGHLIGHT SOME OF THE GOOD POINTS AND MAYBE NOT SO GOOD POINTS THAT ARE OUT THERE.

BACK IN OCTOBER 2018 A WOMAN FROM THE U.S.

CENSUS VISITED THE CITY AND COUNTY MAYORS AT THE TIME AND THEY DECIDED TO LET THE PLANNING COMMISSION HEAD UP THE COUNT COMMITTEE AND THE INTENT WAS TO HAVE THE MOST ACCURATE AND COMPLETE COUNT THROUGH WHATEVER METHODS POSSIBLE.

I'VE BEEN TO SEVERAL DIFFERENT SEMINARS WITH COUNTERPARTS AND YOU CAN IMAGINE IT RAN THE GAMUT FROM ALMOST NOTHING TO TREMENDOUS OUTREACH.

I WOULD SAY WE WERE IN THE TOP END OF THE OUTREACH AND THE RESULTS WILL SHOW YOU IT PAID OFF WELL.

WITH US IN CMC COUNTS THE CITY AND COUNTY'S MAYOR'S OFFICE, SEVERAL CITY COUNCIL MEMBERS AND COMMISSIONERS INVOLVED.

THE PUBLIC AFFAIRS OFFICERS AND I WANT TO GIVE THEM A SPECIAL SHOUT OUT BECAUSE

THEY WERE THE BACKBONE -- >> HELLO.

CAN ANYBODY HEAR ME?

>> COUNCIL LADYSMITH -- >> I CAN HEAR YOU.

I CAN'T HEAR THE PRESENTATION.

>> I CAN'T HEAR THE PRESENTATION AS WELL.

>> HE IS JUST LINING UP SLIDES.

>> HANG ON A MINUTE.

WE'LL GET THE AUDIO FIXED FOR THOSE JOINING US ON-LINE.

>> WHAT ABOUT NOW? CAN YOU HEAR MY TYNDALL NOW?

>> WE CAN HEAR IT NOW.

>> I'M GOOD.

I CAN HEAR.

>> AWESOME.

>> I'LL TRY TO RECAP THE LAST COUPLE OF MINUTES.

THE CENSUS COMPLETED ON OCTOBER 15TH AND THE LOCAL COMPLETE COUNT COMMITTEE HAS BEEN GOING STRONG SINCE OCTOBER 2018 UNTIL RECENTLY.

WE'VE STOOD DOWN WITH THE COMPLETION OF THE CENSUS.

THE ORGANIZATION KNOWN AS CMC COUNCIL IS MADE UP OF MYSELF WAS THE LEAD AGENCY ON THIS.

WE HAD THE CITY AND COUNTY MAYOR'S OFFICE AND THEIR CHIEFS OF STAFFS AND SEVERAL CITY COUNCIL MEMBERS AND COMMISSIONERS ESPECIALLY FROM THE HARD TO COUNT POPULATION DISTRICTS.

INVALUABLE HELP FROM OUR PUBLIC AFFAIRS OFFICE NOT JUST THE CITY AND THE COUNTY BUT THE SCHOOLS SYSTEM AND SHERIFF'S OFFICE AND THEY WERE THE BACKBONE IN GETTING SOCIAL MEDIA AND RADIO SPOTS AND ADVERTISEMENTS AND MAKING CONNECTIONS.

A SPECIAL SHOUT OUT TO THEM.

CHAMBER OF COMMERCE WAS INVOLVED.

WE HAD SOME CULTURAL ASSOCIATIONS.

AND WE ALSO HAD A LOT OF OTHER CIVIC MINDED INDIVIDUALS AND ORGANIZATIONS HELPING US FROM TIME TO TIME.

WE EASILY ENGAGED OVER 10,000 INDIVIDUALS THROUGHOUT 2019 AND 2020 AND SOME OF OUR KEY EVENTS LIKE RIVER FEST 2019 AND WE HAD A BOOTH AND WE WERE RUNNING OUT OF STUFF EVERY DAY AND I WAS RUNNING MORE STUFF DOWN THERE AND WE GAVE OUT A LOT OF BAGS IRONICALLY WE GAVE OUT HAND SANITIZER LAST YEAR.

[00:05:04]

WE ATTENDED THE BACK TO SCHOOL BASH THIS YEAR.

SPECIAL THANKS TO RASHIDA AND VONDELL AND HOUSING AND COMMUNITY AUTHORITY.

THEY REALLY GOT A LOT OF EFFORTS OUT THERE AND I WILL TELL YOU WE DEFINITELY SAW A BUMP IN THOSE CENSUS TRACTS IN THE WEEK FOLLOWING THAT.

WE ATTENDED SEVERAL FOOTBALL GAMES AND HIGH SCHOOL FOOTBALL GAMES.

REMEMBER THOSE? BACK IN LAST YEAR AND THEN MYSELF AND INDICATE LYNN SPURRING FROM THE CENSUS BUREAU MADE SEVERAL TALKS.

ALL THREE ROTARY I BELIEVE WE MET WAARP AND THE CLUBS AROUND TOWN.

SPEAKING TO 20-50 FOLKS AT ANY GIVEN TIME ON THOSE.

IN ADDITION TO THE DIRECT OUTREACH THAT WE JUST MENTIONED WE ALSO HAD RADIO ADS, YOU MAY HAVE HEARD THEM.

SPECIAL THANKS TO LEE IRWIN FORGETTING THOSE CUT FOR US AND WE HAD INTERNET ADVERTISEMENTS AND BOTH VIDEO AND STATIC ADVERTISEMENTS BACK IN THE MOVIES AROUND NEW YEAR'S EVE LAST YEAR WE RAN A 30 SECOND ADVERTISEMENT FOR EVERYONE WHO WENT TO THE MOVIE THEATERS.

WE WERE IN THERE.

THEY TOLD US WE REACHED APPROXIMATELY 50,000 EYEBALLS.

THAT WAS BASED ON THEIR TICKET SALES.

WE ALSO HAVE A BUS ADVERTISEMENT THAT IS STILL GOING AROUND TOWN.

WE ALSO HUNDREDS AND HUNDREDS OF POSTERS DOWN 41A, WILMA RUDOLPH BOULEVARD.

WE HAVE WENT AFTER DAYCARES, OFFICES AND BANKS.

ANYWHERE THERE WOULD BE A LOT OF FOLKS.

WE HAD THEM IN KOREAN, ENGLISH AND SPANISH.

THIS IS FROM THIS MORNING.

THESE ARE FOLKS WHO DIRECTLY REPORTED TO THE CENSUS.

170 BUSINESSES AND ORGANIZATIONS IN OUR COMMUNITY ALONE HELPED SUPPORT THE U.S.

CENSUS EFFORTS AND WE DID 70 DIFFERENT EDUCATION EVENTS BETWEEN US AND THE CENSUS REPRESENTATIVES.

SO HOW DID WE DO? WE DID MUCH BETTER THAN 2010 HERE IN CLARKSVILLE.

FOR MONTGOMERY BACK IN 2010 THE NUMBER WAS 64.1%.

EARLY SELF-RESPONSE TURN IN.

THOSE FOLKS WHO TURNED IT IN ON THEIR OWN 64% THEN.

MONTGOMERY COUNTY WENT UP TO 68.2% IN 2020.

CITY OF CLARKSVILLE WAS 64.2%.

THEY HAD A 2.5%, TWO-THIRDS OF OUR HOUSEHOLDS IN OUR CITY TURNED IN THEIR CENSUS ON THEIR OWN WITHOUT HAVING SOMEONE KNOCK ON THEIR DOOR.

EVERY PERSON WHO DID THAT CREATES A BETTER COUNT.

THEY ARE NOT HAVING TO GUESS AND KNOCK ON DOORS AND ESTIMATE.

AS YOU'LL SEE FOR COMPARISON TENNESSEE DROPPED 1.1% IN OVER-ALL THE NATIONWIDE AND SIMILAR FROM 76 -- SORRY 67.

ALSO IN THE BOTTOM RIGHT IF YOU LOOK AT COMPARED TO THE OTHER FIVE LARGE CITIES IN TENNESSEE WE LED THE WAY AND I WILL GIVE KUDOS TO DAVIDSON COUNTY THAT DID VERY WELL AS WELL.

THE MAP ON THE RIGHT SHOWS YOU THE OVER-ALL TURN OUT SO THE DARKER BLUE MEANS THAT YOU'RE ABOVE 75 AND THE DARKEST BLUE IS ABOVE 80%.

WE HAD TWO TRACTS DO ABOVE 80%.

THE AREA BETWEEN MLK AND MEMORIAL DRIVE AND THEN SOUTH OF DUNBAR CAVE EAST OF WILMA RUDOLPH BOULEVARD BOTH IN THE LOW 80S.

AND THE DARK BLUE AREAS ALSO HAD ABOVE 75% TURN OUT.

THE ONLY FEW TRACKS AND THIS HAS BEEN AN HISTORICAL AREA NEW PROVIDENCE WAS IN THE UPPER 30S DOWNTOWN OBVIOUSLY DUE TO THE COLLEGE STUDENTS GOING HOME WE BELIEVE THAT IS A LARGE PORTION THAT YOU'RE PROBABLY LOSING HUNDREDS OF COLLEGE STUDENTS THAT MAY HAD BEEN COUNTED ELSEWHERE AND SOME OF THE OTHER DISTRICTS BUT FOR THE MAJORITY PLEASED TO SEE FOR CAMPBELL BOULEVARD MOSTLY IN THE 60S EVEN SOME 70S WITH THE EXCEPTION OF THE ONE TRACK WHICH IS JUST BELOW 60% AT TINY TOWN.

[00:10:05]

YOU CAN SEE WHERE GOING FORWARD ATTENTION IS NEEDED AT OTHER AREAS IN 2030.

THIS SHOWS YOU THE% CHANGE.

I WAS A LITTLE SURPRISED.

THE THREE CENSUS TRACTS SOUTH OF THE RIVER ALL REPORTED DECLINES IN THEIR TURN OUT FROM 2010 TOY-2020.

AN AREA WE THOUGHT WAS WELL COVERED OBVIOUSLY STILL NEEDED SOME MORE EFFORTS.

AREA AROUND EXIT ONE SOUTH OF TINY TOWN ROAD AND EXIT 4 SAW THE GREATEST IMPROVEMENT FROM 2010-2020 ALL INSIDE THE CITY LIMITS SO GOOD FOR THEM.

SOME OTHER AREAS OF NOTE -- LIBERTY PARK ALSO HAD THE BIGGEST INCREASE AT 8.9% INCREASE.

I WILL MAKE A FINAL PITCH IN THE BOTTOM LEFT SPECIAL CENSUS.

THIS IS SOMETHING THAT THE CITY OR COUNTY DID NOT PARTICIPATE IN THE LAST 10 YEARS.

WE'LL KEEP OUR FINGER ON THE PULSE.

A LOT OF OUR GRANTS IN FUNDING IS BASED ON RAW POPULATION AND POPULATION DENSITY.

IF WE SEE A NEIGHBORHOOD OR CENSUS TRACT IS GROWING CONSIDERABLY I WOULD COMPARE MAYBE THE FARMINGTON SUBDIVISION OR AUTUMN WOODS.

THAT IS GOING TO GROW.

IF THE PEOPLE HAVE MOVED IN IT MAY BEHOOVE THE CITY TO TAKE ON A COST TO DO A SPECIAL CENSUS AND THEN YOU REPORT IT AND THEY UPDATE YOUR CITY POPULATION AND THEN FURTHER FEDERAL FUNDS AND REPRESENTATION CAN BE DETERMINED EARLIER RATHER THAN WAITING FOR TO 30.

I'LL TAKE ANY QUESTIONS AT THIS TIME AND THE FULL REPORT WILL BE IN YOUR PACKAGE NEXT WEEK.

>> THANK YOU, MR. TYNDALL ANY MEMBER OF COUNCIL HAVE ANY QUESTIONS OF MR. TYNDALL ABOUT THE CENSUS PRESENTATION? HEARING NONE SEEING NONE? OKAY.

LET'S GET INTO THE PLANNING COMMISSION REPORT.

FIRST ITEM -- >> I'M SORRY MAYOR I HAVE A COMMENT.

I COULDN'T FIND MY MUTE BUTTON.

>> COUNCILMAN RICHAMOND YOU'RE RECOGNIZED.

>> I LEARNED A GREAT DEAL.

IF ANY OF THE OTHER MEMBERS OF COUNCIL GET AN OPPORTUNITY IN THE FUTURE JUST PARTICIPATING ON THE CENSUS COMMITTEE WAS AN EXTREME LEARNING CURVE AND EXPERIENCE AND IT WAS VERY EYE-OPENING AND IT WAS JUST AN HONOR TO SERVE SO THANK YOU MR. TYNDALL.

THANK YOU TO YOU AND EVERYONE WHO PARTICIPATED AND THAT WAS ONE OF MY INITIAL ASSIGNMENTS ON THE COUNCIL AND I LEARNED A GREAT DEAL AND GOT THE OPPORTUNITY TO EDUCATE OUR CITIZENS AS TO HOW IMPORTANT CENSUS WAS.

THANK YOU FOR A JOB WELL DONE.

>> THANK YOU.

ANYBODY ELSE? HEARING NONE, SEEING NONE LET'S GET INTO THE PLANNING COMMISSION REPORT.

[3) PLANNING COMMISSION]

MR. TYNDALL, WE'RE READY FOR ITEM 1 ON THE AGENDA.

>> THIS IS AN APPLICATION THAT IS THE PLANNING SUBMISSION.

THIS IS 10.2 ACRES AND REQUESTING TO GO TO R-6.

IT'S NOT AN EXTENSION OF THE ZONING CLASSIFICATION.

THIS IS JUST SOUTHWEST OF THE LOWS COMPLEX OFF OF 41A MADISON STREET.

THE STATEMENT IS TO DEVELOP A SINGLE FAMILY HOUSING SUBDIVISION.

THEREOF WAS A TRAFFIC ASSESSMENT REQUIRED.

THERE WAS NO ADDITIONAL COMMENTS.

YOU'LL ALSO SEE THE SCHOOL COMMENTS THERE ON THE SHEET.

THEY HAVE UPDATED THEIR COMMENTS SLIGHTLY TO FURTHER CLARIFY THE CAPACITY OF INDIVIDUAL SCHOOLS AND THE AMOUNT OF PORTABLES RATHER THAN THE AMOUNT OF PORTABLES BY THE DISTRICT AS A WHOLE.

THIS IS THE PROPERTY.

THERE IS AN OLDER HOME ON IT.

IT'S SET BACK IN THE TREES A LITTLE BIT.

I WOULD NOT SAY IT WAS HISTORIC BUT IT'S ON THE OLDER END AND NEGLECTED OVER

[00:15:02]

THE LAST SEVERAL YEARS.

THESE ARE SOME OF THE HOMES ADJACENT TO IT ON THE SIDE STREETS.

THIS IS THE PROPERTY BEHIND THE HOME ON GOLF CLUB LANE.

THERE IS A POND ON-SITE.

AND THIS IS ANOTHER ONE OF THE SIDE STREETS THAT ABUTS IT.

THE MAJORITY OF THE HOMES IN THE AREA ARE OLDER WITH SMALLER HOMES ON SMALLER LOTS.

SIMILAR TO R-6.

THIS HOME IS ON PARADISE HILL ROAD AND THIS IS NOT PART OF THE APPLICATION.

THIS IS ADJACENT TO THE PROPERTY.

AND THIS IS PARADISE ROAD LOOKING AT THE BACK OF THE PROPERTY.

AT THIS TIME THE APPLICANT STATED THEY ARE ONLY GOING TO ACCESS THE SITE OFF OF GOLF CLUB LANE.

WE HAVE NO OBJECTION.

HISTORICAL ESTIMATE WOULD BE 71 LOTS.

THAT NUMBER MAY BE HIGHER THAN THE FINAL OUTCOME.

IT'S IN THE HILL DALE PLANNING AREA.

THE PLANNING COMMISSION RECOMMENDS APPROVAL.

THE PROPOSER REQUEST IS CONSISTENT WITH THE ADOPTED LAND USE PLAN.

IT IS NOT OUT OF CHARACTER WITH THE SURROUNDING RESIDENTIAL USES.

ADEQUATE INFRASTRUCTURE SERVICES THE SITE.

SIDEWALK WILL BE REQUIRED AS PART OF THE DEVELOPMENT.

THERE IS NO ADVERSE ENVIRONMENTAL ISSUES AT THIS TIME AND THE PLANNING COMMISSION ALSO RECOMMENDS APPROVAL.

>> ANY MEMBER OF COUNCIL HAVE A QUESTION OR COMMENT? COUNCILMAN -- ERB YOU'RE RECOGNIZED?

>> THERE WERE A NUMBER OF DRAINAGE PROBLEMS. WHAT WOULD IT TAKE FOR THE CITY TO CORRECT THOSE OR THAT WOULD BE PART OF THE DEVELOPER'S RESPONSIBILITY?

>> THAT WILL BE PART OF THE DEVELOPER'S RESPONSIBILITY.

A LITTLE HARD TO SEE IN THIS PHOTO.

I WOULD NOT SAY SIZABLE BUT HALF ACRE POND.

IT IS MAN MADE.

SO IT CAN BE FILLED UP AND THAT IS THE DRAINAGE ISSUE ON-SITE.

AS THEY DEVELOP THEY MAY MOVE THAT POND OR USE IT AS PART OF THEIR AMENITIES.

WE HAVE NOT SEEN A FINAL PLAN.

>> BUT THE LETTER -- ONE PERSON THAT HAD PROBLEMS AND HAD TO PUT DRAINS AROUND HIS HOUSE AND SO FORTH I DIDN'T KNOW WHETHER WE WOULD BE EXASPERATING THAT PROBLEM.

WE MAY BE CORRECTING IT.

>> THAT IS WHAT I WAS ABOUT TO SAY.

WHEN WE DO GET A PRELIMINARY PLATTE IN AND IT STARTS TO GET ENGINEERED OUT IF WE IDENTIFY PLACES THE ENGINEERING CAN ACTUALLY HELP FIX THAT AND REDIRECT IT TO WHERE IT BELONGS.

>> OKAY.

THANK YOU.

>> THANK YOU COUNCILMAN ERB.

LET ME GO BACK AND CORRECT SOMETHING.

THIS MEETING WILL BE CONDUCTED IN PERSON VIA GOOGLE MEETS AND LIVE STREAMED ON CITY OF CLARKSVILLE.COM.

IN ORDER TO COMPLY -- THIS GOVERNING BODY DETERMINES THAT MEETING ELECTRONICALLY IS NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF ITS CITIZENS THROUGH THE COVID-19 OUTBREAK.

COUNCILMAN CHANDLER YOU'RE RECOGNIZED.

>> THANK YOU, MAYOR.

WITH JUST HAVING THE INGRESS AND EGRESS OFF OF GOLF CLUB LANE I'M QUITE FAMILIAR WITH THIS AREA BECAUSE I SPEND MORMON EVEN AT LOWE'S THAN MY WIFE SHOULD KNOW ABOUT IT.

>> SHE KNOWS NOW, COUNCILMAN.

>> SHE DOESN'T LISTEN TO ME.

I THINK IT WOULD BE BETTER THE RESIDENTS OF THIS TO HAVE THEM COME ON PARADISE HILL ROAD AND GOLF CLUB LANE BOTH.

GOLF CLUB LANE AT TIMES GETS RATHER CROWDED AND IT WOULD GIVE -- IT WOULD BE BETTER IF WE COULD WORK OUT A DEAL WHERE WE CAN HAVE AN INGRESS AND -- EGRESS ON PARADISE.

>> WHEN WE GET A PLAN IN WE'LL LOOK AT THE OPPORTUNITY TO SEE IF THERE IS THE CHANCE TO DO THAT.

>> I USED TO LIVE ABOUT THE FIFTH LOT DOWN TO THE RIGHT ON HAYDEN DRIVE.

I'M PRETTY FAMILIAR WITH THE AREA AND THAT WAS A NIGHTMARE UNTIL THEY CUT THE ROAD ALL THE WAY OVER TO CROSS ONTO GIVE YOU TWO ACCESSES AND EXITS.

[00:20:03]

>> YOU AND RONNIE PRUITT USED TO LIVE OVER THERE.

>> I WOULD LIKE TO MAKE A COMMENT TOO AS WELL.

>> COUNCILMAN RICHAMOND I THINK THAT WAS YOU.

>> COUNCILMAN HAULED MOON.

>> THIS IS A FAMILY MEMBER PROPERTY SO I WILL BE ABSTAINING.

>> COUNCIL LADYSMITH YOU'RE RECOGNIZED.

>> I.

>> I JUST WANT FOR CLARITY THIS PROPERTY IS COMING FROM R01 SINGLE FAMILY TO R-6 SINGLE FAMILY.

THIS IS GOING TO BE APARTMENTS OR HOMES?

>> R-6 IS INDIVIDUAL LOTS ON INDIVIDUAL UNITS ON INDIVIDUAL LOTS COUNCIL LADYSMITH.

>> SINGLE FAMILY.

>> IT'S COMING FROM SINGLE FAMILY TO R-6.

>> FROM R-1 WHICH IS A LARGER LOT SINGLE FAMILY.

NOW THE MINIMUM IS 2500 SQUARE FOOT REQUIRED.

THEY WILL ALLOW THEM TO NARROW UP THE LOTS CONSIDERABLY FROM THE R-16 EXISTING ZONING.

>> THE PLAN IS TO BUILD APARTMENT.

>> NO.

THE INTENT IS TO BUILD SINGLE FAMILY HOMES.

PROBABLY A LITTLE SMALLER.

>> NO PROBLEM.

OKAY.

THERE WAS NO OPPOSITION, RIGHT?

>> WE HAD THE ONE LETTER FROM THE COMMUNITY ASKING ABOUT THE DRAINAGE WHICH COUNCILMAN ERB BROUGHT UP.

>> THANK YOU.

THAT IS ALL.

>> ANY OTHER MEMBER OF COUNCIL HAVE A QUESTION OR COMMENT? OKAY.

HEARING NONE, SEEING NONE WE'RE READY FOR ITEM 2 ORDINANCE 44-2020-44.

>> APPLICATION OF AVA A HOMES LLC -- THE AGENTS.

IT'S .

41 ACRES CURRENTLY ZONED R-34 REQUESTING TO GO TO R-6.

IT IS NOT AN EXTENSION BUT IT IS NEARBY.

THE PROPERTY FRONTS DODD STREET.

A SMALL DEADENED STREET OFF OF DODD AND REYNOLD STREET.

OF NOTE THAT R-6 TO THE WEST WAS RECENTLY ZONED IN THE LAST YEAR TO R-6.

IT'S CURRENTLY A VACANT RESIDENTIAL LOT OVERGROWN AND IT WILL ALLOW IN FILL DEVELOPMENT ON A VACANT PARCEL.

WE NOT RECEIVE ANY COMMENTS OF CONCERN FROM THE DEPARTMENTS.

WE DID RECEIVE SCHOOL SYSTEM COMMENTS ATTACHED.

HISTORICAL ESTIMATES WOULD BE FOR JUST TREE LOTS ON THIS PIECE OF PROPERTY.

HERE IS A PICTURE OF THE PROPERTY.

THERE ARE NO CURRENT STRUCTURES.

THIS IS ACROSS THE STREET.

DODD STREET IS A NARROW STREET.

THE WIDTH IS ADEQUATE FOR THIS TYPE OF DEVELOPMENT.

HERE IT IS LOOKING DOWN TO THE END OF DODD STREET.

ACROSS THE STREET IS THIS CHURCH.

YOU'RE ACTUALLY LOOKING AT THE BACK OF THE TOWARD TOWARD THE PROPERTY ACROSS THE STREET AND THERE IS THE CHURCH FROM THE SUBJECT PROPERTIES.

THE CHURCH HAS A PAVED AREA NOT REALLY A STREET BUT IT ACTS AS A STREET.

THE FIRE DEPARTMENT WAS A LITTLE CONCERNED ABOUT TURN AROUND ACCESS BUT THE CHURCH'S PARKING LOT COULD ACT AS THAT OPPORTUNITY TO TURN AROUND IF THEY NEED TO AND DODD STREET IS NOT THAT LONG BACK THERE.

PLANNING STAFF RECOMMENDS APPROVAL.

THE PROPOSED REQUEST IS CONSISTENT WITH THE LAND USE PLAN.

THIS WILL ALLOW TO PROVIDE REDEVELOPMENT AND IN FILL OPPORTUNITIES OF SINGLE FAMILY DETACHED HOMES IN AN AREA OF THE CITY THAT'S IN TRANSITION.

IT IS NOT OUT OF CHARACTER WITH THE SURROUNDING AREA.

ADEQUATE INFRASTRUCTURE SERVES THE SITE.

PLANNING COMMISSION ALSO RECOMMENDS APPROVAL.

>> THANK YOU, MR. TYNDALL.

ANY QUESTIONS OF COUNCIL REGARDING THIS ORDINANCE? I SEE COUNCILMAN CHANDLER YOU'RE RECOGNIZED.

>> THANK YOU, MAYOR.

AND THIS IS NOT NECESSARILY FOR MR. TYNDALL.

AN UNNAMED STREET IS THAT AN UNNAMED STREET? IS THAT NOT MAINTAINED OR WHAT?

>> I DON'T HAVE THAT ANSWER.

IS THAT WHAT IT SAYS ON THE MAP?

>> THE ONE THAT RUNS ADJACENT TO THE CHURCH.

>> IT'S LABELED UNNAMED STREET.

COMING OFF OF DODD AND GOING OVER TO CEDAR.

AND I'M JUST WONDERING CONCERN FOR THE FIRE DEPARTMENT ABOUT BEING ABLE TO TURN AROUND IF THAT IS A CITY STREET THEN THEY WOULD NOT HAVE TO WORRY ABOUT TURN AROUND.

IS THIS A CITY STREET THAT HAS NOT BEEN NAMED OR IS IT A PRIVATE ROAD?

[00:25:08]

>> IT'S A PRIVATE PROPERTY.

>> LET ME ASK AND SEE IF ANYONE FROM THE STREET DEPARTMENT, CHRIS COWAN, DAVID SHEP AND, ARE YOU ON THE CALL?

>> YES.

MAYOR THIS IS CHRIS COWAN WITH THE CITY STREET DEPARTMENT.

>> DID YOU HEAR THE QUESTION, CHRIS?

>> I DID.

WE COULD DO SOME RESEARCH.

LOOKING AT THE AERIAL THAT LOOKS LIKE IT'S A PRIVATE ROAD OR PRIVATE DRIVE.

I'M NOT FAMILIAR WITH THAT BEING ANYTHING CITY OWNED.

>> THANK YOU, CHRIS.

COUNCILMAN CHANDLER.

>> I HAVE ONLY A DEFINITIVE ANSWER BEFORE WE VOTE ON IT WOULD BE NICE.

>> WE'LL GET AN ANSWER BEFORE NEXT WEEK.

>> THANK YOU.

>> ANY OTHER QUESTION OR COMMENT?

>> YOU'RE RECOGNIZED COUNCIL LADYSMITH.

>> THANK YOU, SIR.

IT SEEMS LIKE THIS IS PART OF SOMEBODY'S PRIVATE PROPERTY.

I'M NOT SURE BUT I HAVE BEEN OVER IN THE AREA A LOT AND IT'S A SMALL NARROW STREET BUT IT'S KIND OF LIKE MY LAND.

AND I COULD BE WRONG BUT FROM WHAT I'VE SEEN IT LOOKS LIKE A PIECE OF LOT THAT IS PRIVATE LOT.

AND I DON'T KNOW IF THAT RUNS RIGHT IN FRONT OF DODD -- STREET AND LOCATED AT DODD STREET.

SO IT LOOKS LIKE IT'S ON PRIVATE PROPERTY.

I DON'T KNOW IF DODD STREET IS CONSIDERED THE STREET THAT IT WOULD FACE.

I DON'T KNOW.

THAT IS ALL I HAVE TO ADD.

>> THANK YOU.

ANY OTHER MEMBERS?

>> YES.

THIS IS COUNCILMAN ALLEN.

THAT LITTLE STRIP THE UNNAMED STREET IT IS -- IT'S PRIVATELY OWNED.

>> OKAY.

>> IT'S A PRIVATE ROAD.

THE DISTRICT ASSOCIATION BAPTIST DISTRICT ASSOCIATION OWNS IT AND AT ONE TIME IT CLOSED OFF THE WHOLE AREA AND NOW THEY ARE TRYING TO WELL DECIDED NOT TO CLOSE IT ALL BECAUSE THOSE RESIDENTS THE AMBULANCE AND EMERGENCY VEHICLES CANNOT GET BACK AND FORTH.

SO, THAT IS A PRIVATE ROAD.

>> OKAY.

THANK YOU FOR THAT.

WE WILL TAKE THAT INTO CONSIDERATION.

THANK YOU COUNCILMAN ALLEN.

ANYBODY ELSE HAVE QUESTIONS OR COMMENTS REGARDING THIS CASE? HEARING NONE, SEEING NONE LET'S PROCEED TO ITEM 3.

>> WHICH IS ORDINANCE 45-2020-21.

>> THIS IS .

33 ACRES CURRENTLY ZONED R-1 REQUESTING TO GO TO C-2.

AN EXTENSION TO THE SOUTH AND TO THE WEST.

THE PROPERTY FRONTS THE FRONT STAGE OF NORTH FAIRY ROAD.

THIS IS IN CITY WARD 7.

IT'S A VERY NARROW LONG PIECE OF PROPERTY.

THERE WERE NO OTHER COMMENTS OR CONCERNS FROM THE OTHER DEPARTMENTS.

THE APPLICANT STATEMENT IS TO BUILD A SIMILAR BUILD TOGETHER ONE NEXT DOOR.

WAREHOUSE/OFFICE BUILDING ON THIS VACANT PIECE OF PROPERTY RIGHT THERE.

>> LOOKS LIKE THE 7TH FAIRWAY DOESN'T IT COUNCILMAN BURKHART.

>> PROBABLY GOOD FOR A FOUR LANE BOWLING ALLEY.

STAFF RECOMMENDS APPROVAL.

THE PROPOSED ZONING REQUESTS CONSISTENT WITH THE LAND USE PLAN.

AND ADEQUATE INFRASTRUCTURE SERVES THE SITE AND THE PLANNING COMMISSION ALSO RECOMMENDS APPROVAL.

>> OKAY.

YOU'VE HEARD THE EXPLANATION.

ANY MEMBER OF COUNCIL HAVE A QUESTION OR COMMENT REGARDING ORDINANCE 45? HEARING NONE SEEING NONE WE'RE NOW READY FOR ITEM FOUR WHICH IS ORDINANCE 46-2020-21.

MR. TYNDALL.

>> THE APPLICATION OF RE4E.

HOLDINGS.

OF NOTE SINCE THE APPLICANT HAS SINCE SOLD IT TO ACKLEN.

THAT IS COMPLETELY AN ACKLEN PROPERTY GROUPS POSSESSION NOW.

IT'S AT THE CORNER OF HICKORY HEIGHTS ROAD APPROXIMATELY 400 FEET NORTH OF HICKORY BOULEVARD IN COUNCIL WARD 6.

[00:30:09]

CURRENTLY ZONED R-2 REQUESTING TO GO TO R-6.

IT IS NOT AN EXTENSION OF THE ZONING CLASSIFICATION.

YOU CAN SEE THIS AREA PREDOMINATELY R-3 AND R-2 ZONING.

THERE WERE NO COMMENTS OR CONCERNS.

COMMENTS FROM THE SCHOOL SYSTEM ARE ATTACHED.

THE APPLICANTS INTENDED -- TO SUBDIVIDE INTO ADDITIONAL SINGLE FAMILY LOTS.

THERE IS AN EXISTING HOME ON THE PROPERTY.

SO AS YOU CLIMB HICKORY HEIGHTS IT HAS A CURVE AT THE TOP.

THIS IS THE HOME INSIDE THE CURVE.

I'M ACTUALLY AT STREET LEVEL AND THAT IS HOW MUCH HIGHER THAT HOME IS.

BUT IF YOU GO UP AROUND THE CORNER YOU'RE AT HOME LEVEL.

IT'S A STEEP LOT.

TESTING.

TESTING.

TESTING.

TESTING.

>> ANY QUESTIONS FROM COUNCIL REGARDING ORDINANCE 46?

>> COUNCILMAN HIDLY YOU'RE RECOGNIZED.

>> I'M CURIOUS WE'VE GOT A LOT OF THINGS ON THE AGENDA AND THEY SEEM LIKE SOME OF THEM SEEM LIKE THEY POP-UP SO WHAT WOULD THIS ONE -- DIDN'T MEET THE CRITERIA TO BE R-6?

>> A COUPLE OF THINGS.

THIS IS NOT A NEIGHBORHOOD IN A'S TRANSITION.

A LOT OF THE R-6 IS WHERE HOMES ARE AGING OUT FOR LACK OF A BETTER WORD OR WE HAVE A LOT OF VACANT LOTS.

THERE IS NOT A LOT OF VACANT LOTS IN THIS PART OF TOWN.

THE R-2 IS ASSUMED TO BE CORRECT.

MOST OF THE LOTS ARE ON THE LARGER END AND THIS COULD BE ALREADY SUBDIVIDED.

R-6 IS WHEN YOU HAVE NO OTHER OPTION TO GET SMALLER.

THE INTEREST IN R-6 AND PROBABLY MORE IN THE LAST SIX MONTHS IT'S JUST THE INTEREST IN OUR HOT MARKET.

SOME OF THE GROUPS ARE LOCAL AND OUT OF TOWN GROUPS COMING IN.

CLARKSVILLE IS ON THE MAP WHEN IT COMES TO ACTIVITY.

AND THIS IS ONE OF THE WAYS THAT THIS PART OF TOWN ESPECIALLY HAS SEEN ADDITIONAL INVESTMENT.

WE JUST DON'T FEEL AT THE PLANNING COMMISSION THAT IT IS TIME FOR THIS STREET AND THIS LOT SPECIFICALLY IN THE MIDDLE OF THE STREET TO CHANGE ZONES.

>> OKAY.

THANK YOU.

>> THANK YOU.

ANY OTHER QUESTIONS OR COMMENTS PRESENT COUNCIL?

>> I WOULD MAKE A COMMENT.

>> YES, MA'AM, COUNCIL LADYSMITH YOU'RE RECOGNIZED.

>> THANK YOU, SIR.

THE STREETS OVER THERE ARE VERY NARROW AND STEEP AS MR. TYNDALL SAID.

IT'S VERY NARROW.

AND I DON'T KNOW IF IT WILL HOLD FIVE LOTS ON THIS R-6.

BUT IF IT'S YOUR DISAPPROVAL I'LL AGREE.

THANK YOU.

>> THANK YOU.

ANY OTHER MEMBER OF COUNCIL HAVE A QUESTION OR COMMENT REGARDING ORDINANCE 46? HEARING SOMEONE, SEEING NONE WE'RE READY FOR ITEM 5, RESOLUTION 26-2020-21.

>> AN ANNEXATION.

THIS IS FILE NUMBER A12020.

61 ACRES OFF OF BRITAIN SPRINGS ROAD.

THERE IS AN R-4 ZONE PROPERTY TO THE EAST.

IT'S NEAR CENTER ROAD IF YOU KNOW WHERE THAT IS UP THERE.

THE PETITIONER OF THIS ZONING REQUEST IS REQUESTED TO GO FROM AG WHICH IS THE CURRENT ZONING WHILE WE SHOW THIS MAP TO R-1.

A RIGHT GIVEN TO PROPERTY OWNERS WHEN THEY REQUEST ANNEXATION.

THERE IS NO OBJECTION.

YOU'RE GOING FROM AG TO R-1 AND IT'S A LARGE MIX.

MOST OF THAT IS THE COUNTY YOU SEE TO THE SOUTH AND TO THE WEST.

THIS IS ON THE BORDER OF THE CITY AND THE COUNTY.

BRITAIN SPRINGS ROAD WILL NOT BE ANNEXED.

JUST THE PROPERTY AND THE FUTURE ROADS WITHIN THE PROPERTY BUT THERE IS A SHORT 500-FOOT LENGTH OF PROPERTY THAT WILL NOT BE ANNEXED AT THIS TIME.

IF THOSE OTHER THREE PROPERTIES INSIDE OF IT DID WANT TO ANNEX WE WOULD HAVE ANNEXED BRITAIN SPRINGS ROAD BUT THEY WERE NOT WILLING TO ANNEX AT THIS TIME.

AS PART OF DOING AN -- ANNEXATION THERE ARE THREE DIFFERENT VOTES THAT TAKE PLACE.

THE FIRST IS TO VOTE ON THE ANNEXATION.

THE SECOND ON THE RESOLUTION FOR THE PLAN OF SERVICES.

THIS IS REQUIRED BY THE STATE OF TENNESSEE WHEN YOU DO AN ANNEXATION IT FIRST GOES TO THE MAYOR AND THEN FORWARDS IT TO THE PLANNING COMMISSION.

PLEASE STUDY IT.

HERE ARE THE HIGHLIGHTS FROM THE KEY DEPARTMENTS THERE.

WERE NO OBJECTIONS, ONE OF THE INTERESTING POINTS WAS WARD 3 DOES NOT HAVE ANY PARK PROPERTY.

HOWEVER AS THEY NOTED THE ADDITION OF APPROXIMATELY 200-300 RESIDENTS WOULD NOT CHANGE THAT NEED IN WARD 3 AND REZONING FROM AG TO R-1 IS ALSO INCLUDED.

THE LUCKY THING IS THERE IS NO CURRENT ELECTRICAL CONSUMERS SO NO TRANSFER.

THAT IS USUALLY ONE OF THE BIGGEST THINGS THAT TAKES TIME TO FIGURE OUT AFTER AN ANNEXATION.

AT THIS TIME I'LL TAKE ANY QUESTIONS ON THE ANNEXATION OR THE PLAN OF SERVICES.

>> COUNCILMAN CHANDLER YOU'RE RECOGNIZED?

[00:35:02]

>> THANK YOU, MAYOR.

I HAD A BRAIN FREEZE THERE FOR A MINUTE.

YOU SAID WE'RE NOT ANNEXING BRITAIN SPRINGS ROAD, CORRECT?

>> CORRECTED.

>> SO AM I ASSUMING THAT WE'RE GOING TO GO OUT IN THE COUNTY TO GET TO THE PROPERTY?

>> YES.

THERE IS ABOUT 500 FEET THAT YOU WOULD GO TO THE COUNTY ROAD TO GET BACK INTO THE CITY ROAD.

>> AND IF I'M NOT MISTAKEN LOOKING AT THE EXHIBIT B WE GOT -- IS THAT WEST FORK RIVER RUNNING THROUGH THERE OR CREEK OR WHATEVER YOU WANT TO CALL IT.

>> YEAH.

THERE IS QUITE A -- THERE ARE A COUPLE OF THINGS GOING ON.

YOU HAVE AN EASEMENT THAT CUTS ACROSS THE BACK OF THE PROPERTY.

THE ONLY CONCERNS THAT IS THIS IS A WILD AREA CURRENTLY AND IF IT BRINGS IN HOMES THEY WILL HAVE TO FENCE THAT PORTION OF THEIR PROPERTY BUT THEY UNDERSTAND THAT NEED.

BUT I THINK THE FLOOD PLAIN AND THE STREAM CORRIDOR PROVIDES QUITE A BIG BUFFER BETWEEN THE HOUSING AREA TO THE NORTH AND THIS PROPERTY.

>> I'M NOT WORRIED ABOUT THE FLOOD PLAIN AS MUCH AS I'M WORRIED ABOUT GOING INTO LACK OF A BETTER TERM WILD PRISTINE TERRITORY AND THEN WE START BUILDING ON IT AND I'M JUST REALLY REALLY HAVING A HARD TIME GRASPING LEAVING THE CITY GOING INTO THE COUNTY TO GET BACK INTO THE CITY.

THAT HAS HAPPENED HERE SEVERAL YEARS AGO A GO OUT OFF OF LIBERTY CHURCH ROAD AND IT WAS QUITE A HEADACHE.

FOR THE DIFFERENT DEPARTMENTS.

FIRE, POLICE AND BASICALLY I THINK MAYOR YOU REMEMBER WHEN IT HAPPENED.

>> YES, SIR, I SURE DO.

>> THAT'S ALL I'VE GOT TO SAY.

>> THANK YOU.

FORT CAMPBELL WAS NOT CONCERNED.

IT DOES NOT AFFECT THE TRAINING -- >> THIS IS ADJACENT TO A HOUSING AREA.

NOT THE TRAINING AREA.

THE AREA TO THE NORTH OF IT THAT IS ONE OF THEIR HOUSING AREAS.

YOU'RE FAR ENOUGH AWAY FROM SABER AND THEIR TRAINING AREAS.

>> SO TO CONTINUE ALONG COUNCILMAN CHANDLER'S LINE OF QUESTIONING POTENTIALLY FIRE RESCUE TRUCK WOULD HAVE TO PASS BY STRUCTURES IN THE COUNTY TO GET TO CITY PROPERTY.

>> THERE IS THREE PROPERTIES FROM WHEN YOU -- IF YOU'RE GOING UP BRITAIN SPRINGS ROAD YOU LEAVE THE CITY APPROXIMATELY 500 FEET AND WHAT WOULD BE A NEW SUBDIVISION ROAD INTO THIS PROPERTY.

THERE ARE SEVERAL PLACES AROUND THE CITY THAT HAVE THAT ARRANGEMENT BUT WITHOUT OF THE ANNEXATION I DIDN'T WANT TO MAKE A DOUGHNUT HOLE AND PUT THE ROAD IN FRONT OF IT.

WE'LL HAVE TO WORK WITH OUR COUNTY COUNTERPARTS AND MAKE SURE THAT ROAD IS TAKEN CARE OF.

>> COUNCILMAN BURKHART.

>> WE DID THE SAME THING.

WE HAVE A NEW FIRE STATION AND NEW POLICE STATION.

WE TRAVEL ABOUT A TWO MILES OUT THERE ON CITY AND COUNTY ROADS.

EVEN FROM A COUNTY PERSPECTIVE WE GO INTO GUTHRIE TO COME BACK TO MONTGOMERY COUNTY.

SO I DON'T THINK THAT IS REALLY CRAZY.

IT'S PROBABLY DIFFERENT THAN WE'RE USED TO BUT I DON'T THINK IT'S ANYTHING THAT FAR OUT OF THE ORDINARY.

THANK YOU.

>> COUNCILMAN BURKHART.

ANY OTHER QUESTIONS OR COMMENTS.

>> WHAT ARE THE REQUIREMENTS FOR THE PEOPLE GETTING THIS PROPERTY ANNEXED? DO THEY HAVE TO CHANGE THE PROPERTY PER SAY.

ADDING STUFF TO IT OR WHAT IS THE -- REQUIREMENTS FOR THIS?

>> THE PROCESS TO REQUEST ANNEXATIONS THAT THE PROPERTY OWNERS AND IN THIS CASE IT'S THREE HEIRS ALL WRITE AFFIDAVITS WITH A COVERLETTER SAYING WE WOULD LIKE TO BE CONSIDERED TO BE ANNEXED.

THE MAYOR FORWARDS IT -- >> I UNDERSTAND THAT AND I HEAR THAT.

>> THEY DON'T HAVE TO DO ANYTHING ADDITIONAL TO THE PROPERTY AT THIS TIME.

>> SO WHY ARE THEY ANNEXING IT? WHAT IS THE PURPOSE?

>> WITH THE INTENT OF FUTURE DEVELOPMENT.

AS IS REQUESTED WITH THIS ANNEXATION GOING FROM AG TO R-1 WOULD BE TO HAVE A SMALL SUBDIVISION UP THERE.

I KNOW THE AGENT AND ONE OR MORE OF THE OWNERS WILL BE HERE NEXT WEEK FOR THE PUBLIC HEARING TO ASK THOSE QUESTIONS.

>> OKAY.

ALL RIGHT.

OKAY.

THANK YOU.

>> THANK YOU COUNCIL LADYSMITH.

ANY OTHER QUESTIONS OR COMMENTS REGARDING RESOLUTION 46? HEARING NONE SEEING NONE WE'RE NOW READY FOR RESOLUTION 412020-21.

>> THIS IS AN ORDINANCE -- THE FIRST TWO ARE RESOLUTIONS -- THIS IS ITEM 6 RESOLUTION 27.

>> I KIND OF COVERED R26 AND 27 TOGETHER.

THEY ARE TWO RESOLUTIONS BUT THEY ARE BOTH ABOUT THE ANNEXATION.

-- ANNEXATION.

>> SO WE'RE NOW ON RESOLUTION 27 WHICH IS PART OF THE ANNEXATION THAT WE JUST DISCUSSED.

ANY QUESTIONS ABOUT RESOLUTION 27? NOW WE'RE READY FOR ORDINANCE 41.

MR. TYNDALL.

>> THIS IS AN ORDINANCE FOR REAPPORTIONMENT.

YOU HAVE TO UPDATE THE CITY WARD MAP.

SO, THAT IS THE ELECTION COMMISSION CAN UPDATE THEIR MAPS AND THEIR WARDS THIS ONE SHOULD GO IN WARD 3.

[00:40:10]

THIS SHOWS ALL OF THE WARDS WITH THIS NEW AREA INCLUDED IN IT.

>> OKAY.

ANY QUESTIONS FROM COUNCIL ON ORDINANCE 41-2020-21?

>> I'VE GOT A QUESTION.

MAYOR.

>> ALL RIGHT.

YOU ARE RECOGNIZED COUNCIL LADYSMITH.

>> GOING BACK TO RESOLUTION 26 WHICH THIS ORDINANCE IS PERTAINING TO.

7 THE ANNEXING IT TO GET IT OUT OF THE CITY FOR REDEVELOPMENT OR TO KEEP IT IN THE CITY? I'M NOT SURE IF I'M NOT GETTING A CLEAR POINT ON THIS.

>> MR. TYNDALL, CAN YOU ANSWER THE QUESTION.

>> AN ANNEXATION IS TAKING LAND THAT IS NOT CURRENTLY IN THE CITY AND REQUESTING THAT THE CITY BOUNDARIES BE EXTENDED AND BE BROUGHT INTO THE CITY LIMITS.

>> OKAY.

NOW I'M CLEAR.

THANK YOU.

>> ANYBODY ELSE HAVE A QUESTION? I BELIEVE THAT CONCLUDES OUR PLANNING COMMISSION REPORT.

MR. TYNDALL THANK YOU VERY MUCH.

>> JUST FOR THE RECORD THE PLANNING COMMISSION ONLY VOTES ON THE PLAN OF SERVICE AND THE PLANNING COMMISSIONERS APPROVE THAT.

THEY DO NOT APPROVE OR MAKE A RECOMMENDATION ON THE ANNEXATION OR THE REAPPORTIONMENT BUT IT'S PART AND PARCEL WITH THE ANNEXATION SO WE'LL HANDLE THAT.

>> IT'S PART OF THE JOB.

WE'RE NOW READY FOR THE CONSENT PORTION PART OF OUR AGENDA.

>> IS ORDINANCE 34-2020-21 (SECOND READING) AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF MORGAN, INC.

FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF HAWKINS ROAD AND EAST JOHNSON CIRCLE AND THE INTERSECTION OF HAWKINS ROAD AND EDMONDSON FERRY ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 SINGLE FAMILY RESIDENTIAL DISTRICT 7.

ORDINANCE 35-2020-21 (SECOND READING) AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF WILLIAM BELEW, JR. FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF NEEDMORE ROAD AND EAST BOY SCOUT ROAD FROM R-1A SINGLE FAMILY RESIDENTIAL DISTRICT TO R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT 8.

ORDINANCE 36-2020-21 (SECOND READING) AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF DAVID RITTENBERRY AND WILLIAM PARKER EDDIE BURCHETT-AGENT, FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF NEEDMORE ROAD AND CENTERSTONE CIRCLE FROM AG AGRICULTURAL DISTRICT AND

[00:45:33]

R-3 THREE FAMILY RESIDENTIAL TO R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT

[4) CONSENT AGENDA]

ORDINANCE 34-2020-21 (SECOND READING) AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF MORGAN, INC.

FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF HAWKINS ROAD AND EAST JOHNSON CIRCLE AND THE INTERSECTION OF HAWKINS ROAD AND EDMONDSON FERRY ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 SINGLE FAMILY RESIDENTIAL DISTRICT 7.

ORDINANCE 35-2020-21 (SECOND READING) AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF WILLIAM BELEW, JR. FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF NEEDMORE ROAD AND EAST BOY SCOUT ROAD FROM R-1A SINGLE FAMILY RESIDENTIAL DISTRICT TO R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT 8.

ORDINANCE 36-2020-21 (SECOND READING) AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF DAVID RITTENBERRY AND WILLIAM PARKER EDDIE BURCHETT-AGENT, FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF NEEDMORE ROAD AND CENTERSTONE CIRCLE FROM AG AGRICULTURAL DISTRICT AND R-3 THREE FAMILY RESIDENTIAL TO R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT.

ORDINANCE 37-2020-21 (SECOND READING) AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF DANIEL HAYES FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF SHANNON STREET AND ASHBURY ROAD FROM C-5 HIGHWAY & ARTERIAL COMMERCIAL DISTRICT TO R-2 SINGLE FAMILY RESIDENTIAL DISTRICT 10.

RESOLUTION 34-2020-21 APPROVING APPOINTMENTS TO THE SENIOR CITIZENS BOARD OF DIRECTORS.

>> THANK YOU, MADAM CLERK.

ANY MEMBER OF COUNCIL WISH TO BE RECOGNIZED?

>> I HAVE SOME TOO, MAYOR.

>> OKAY.

ITEM 3 ORDINANCE 31 I WILL BE OBTAINING ON THIS.

I WILL BE ONE OF THE BUYERS ON THAT PROPERTY.

>> COUNCILWOMEN SMITH YOU'RE RECOGNIZED?

>> I DON'T HAVE ANY -- IS THERE A PROBLEM WITH US DEEDING IT IN HER NAME AS WELL AS WITH THE ORGANIZATION OR WHAT?

>> TO MY KNOWLEDGE NO.

IT WILL BE DULY TITLED IN HERS AS WELL AS WOMEN ELEVATED HER NONPROFIT ORGANIZATION.

>> SO IT WILL BE IN BOTH.

THE ORGANIZATION AS WELL AS HER NAME, IS THAT CORRECT?

>> YES, MA'AM.

>> THANK YOU,MAYOR.

NO PROBLEM I JUST WANTED TO MAKE SURE.

>> ANY OTHER COUNCIL MEMBERS HAVE A QUESTION OR COMMENT ABOUT CONSENT AGENDA.

>> I HAVE A QUESTION, MAYOR.

>> YES.

COUNCILMAN GARRETT YOU'RE RECOGNIZED.

>> DO YOU HAVE CLARIFICATION FROM LEGAL ON WHETHER OR NOT A PERSON SERVING ON THE COUNCIL OR WORKING FOR THE CITY CAN PURCHASE A PIECE OF CITY OWNED PROPERTY?

>> IF YOU'LL REPEAT THAT ONE MORE TIME COUNCILMAN GARRETT.

>> YES, SIR.

EMPLOYEE COULD PURCHASE A PIECE OF PROPERTY FROM THE CITY? I THINK WE WERE WAITING ON A LEGAL OPINION FROM MR. BAKER'S OFFICE.

I WAS GOING TO SEE IF WE HAD ANYTHING ON THAT.

>> THANK YOU FOR THAT.

I'LL ASK MR. BAKER TO ADDRESS THAT.

>> I BELIEVE IT COULD BE TAKEN AS A VIOLATION OF THE CODE OF ETHICS.

I'LL SEND OUT AN E-MAIL GIVING MORE DETAIL AND A LEGAL OPINION.

[00:50:34]

>> OKAY.

BUT YOU SAID THAT YOU THINK THAT IT'S A VIOLATION OR IT ISN'T?

>> HE SAID COUNCILMAN GARRETT NOT TO PUT WORDS IN MYS MOUTH POTENTIALLY IT COULD BE CONSIDERED A VIOLATION OF OUR ETHIC'S CODE BUT HE WILL SEND OUT A WRITTEN LEGAL OPINION VIA E-MAIL TO COUNCIL REGARDING YOUR QUESTION.

>> OKAY.

THANK YOU.

I APPRECIATE IT.

>> YOU'RE VERY WELCOMED.

COUNCIL LADYSMITH.

>> THANK YOU, MAYOR.

-- TO WHAT ATTORNEY LANE SAID POTENTIAL OF VIOLATION OF THE CODE OF ETHICS AND WE CERTAINLY DON'T WANT TO VIOLATE THAT.

BUT THE THINGS NOW SHE IS ON THE COUNTY.

SO AS A COUNTY COMMISSIONER SHE WOULD ALSO BE CONSIDERED AN ELECTED OFFICIAL AS WELL.

SO HOW WOULD THAT PLAY OUT WITH US VOTING ON THIS? WE DON'T WANT TO VIOLATE ANYTHING.

WE WANT TO TRY TO DO THIS RIGHT AND NOTHING AGAINST HER OR HER ORGANIZATION.

I'M SOLELY FOR IT BUT JUST WANT TO MAKE SURE THAT WE'RE STEPPING IN THE RIGHT DIRECTION.

AND MAKING THE RIGHT DECISIONS.

THAT'S ALL.

>> THAT IS A FAIR QUESTION.

BECAUSE SHE IS A COUNTY COMMISSIONER.

OUR ETHICS CODE WOULD NOT APPLY TO HER.

>> MR. BAKER -- >> WHAT MY UNDERSTANDING WAS THAT WHAT COUNCILMAN GARRETT HAD PREVIOUSLY ASKED AND I WAS ASKED TO LOOK INTO WAS OR MAYBE IT WAS COUNCILMAN LADY SMITH -- IT WAS WHETHER OR NOT COUNCIL MEMBERS CAN PURCHASE PROPERTY AT PUBLIC AUCTIONS.

>> AS WELL AS CITY EMPLOYEES.

>> NOT JUST COUNCIL MEMBERS BUT CITY EMPLOYEES.

I THOUGHT THAT WAS WHAT I WAS ADDRESSING.

SHE HAD THE ADDITIONAL QUESTION ABOUT A COUNTY COMMISSIONER.

>> I DON'T THINK THERE IS A PROBLEM WITH THEM PURCHASING CITY OWNED PROPERTY AT A PUBLIC AUCTION.

>> COUNCIL LADYSMITH.

>> THAT IS FINE, MAYOR.

I WAS JUST MAKING SURE.

THEY WANTER TO VOTE ON SOMETHING THAT COULD GET ME IN A LITTLE HOT WATER.

>> YOU WANT TO STAY OUT OF THE HOT WATER.

>> I DO OCCASIONALLY GET INTO TROUBLE.

>> THAT'S WHAT I'VE HEARD.

COUNCILMAN BURKHART.

>> SO IF IT'S A PUBLIC AUCTION.

YOU'RE SAYING THAT PEOPLE UP THERE IN THIS CITY OR CITY EMPLOYEES COULD NOT BUY IT AT A PUBLIC AUCTION?

>> NO.

IF THEY DID SOME PERSON COULD FILE AN ETHIC'S CHARGE RELATED TO THAT AND IT COULD BE VIEWED AS AN ETHIC'S VIOLATION AND I WILL DETAIL WHY I THINK THAT IS POSSIBLE.

AND I'M NOT SAYING IT'S AN ETHIC'S VIOLATION BECAUSE THAT IS NOT MY ROLE WITH REGARD TO COUNCIL MEMBERS IN PARTICULAR BUT SOMEONE ELSE MIGHT THINK IT HAD COULD BE AND THEY COULD FILE AN ETHIC'S CHARGE AND THAT GOES BACK, I'LL PUT THIS IN MY

[00:55:06]

E-MAIL BUT IT GOES BACK TO THE PROVISIONS.

>> THAT'S OKAY.

I'M JUST HAVING A HARD TIME IF IT'S A PUBLIC AUCTION AND EVERYBODY THERE IS FROM THE WHOLE CITY AND A FIREMAN BUYS IT -- I'VE PROBLEM WITH THAT.

>> ANY OTHER QUESTIONS ABOUT THE CONSENT AGENDA.

>> YES, MAYOR.

>> COUNCILMAN ALLEN I THINK THAT WAS YOU.

>> YES, MAYOR.

I HAVE AN ISSUE WITH THAT TOO.

BECAUSE IT SEEMS LIKE GOVERNOR P -- GOV DEALS.

I DON'T SEE HOW THAT WOULD BE A CONFLICT WHEN EVERYBODY HAS THE SAME CHANCE AND YOU BID IT ON.

>> THAT IS A GOOD POINT AND I THINK MR. BAKER SAID HE WOULD SENT OUT A LEGAL OPINION FROM HIS OFFICE TO COUNCIL REGARDING THAT POINT.

>> I WOULD LIKE TO MAKE A COMMENT.

>> YOU'RE RECOGNIZED.

>> WHY IS THIS PROPERTY NOT ON GOV DEALS.

DO WE NOT HAVE THAT SET UP FOR US FOR THE CITY?

>> OUR SURPLUS PROPERTY AND PROPERTIES THAT WE'RE DISPOSING OF ARE NOT ON GOV DEALS.

WE'RE DEALING DIRECTLY WITH OTHER PARTIES OR THIRD PARTIES THAT WANT TO PURCHASE THOSE.

>> OKAY.

WE WILL SEE IF WE CAN BUY FROM GOV DEAL.

THAT SOUNDS GOOD.

>> WE'RE WORKING IN MONTGOMERY COUNTY JUST FOR THE COUNCIL'S AWARENESS TO DISPOSE OF IN A WHOLESALE FASHION A LOT OF OUR SURPLUS PROPERTIES.

SO STAND BY.

WE'LL ACCEPTED YOU OUT DETAILS.

-- WE'LL SEND YOU OUT DETAILS.

ANYBODY ELSE HAVE A QUESTION? HEARING NONE SEEING NONE WE'RE NOW READY FOR THE FINANCE COMMITTEE REPORT.

[5) FINANCE COMMITTEE]

>> ORDINANCE 40.

THIS IS TO AMEND THE CODE TO UPDATE THE CODES TO THE 2018 STANDARDS.

THESE ARE THE STANDARDS THAT THE STATE AND COUNTY HAVE ALREADY ADOPTED AND IT HAS PUBLIC SAFETY AND FINANCE COMMITTEE APPROVAL.

>> ANY QUESTIONS ABOUT ORDINANCE 40?

HEARING NONE AND SEEING NONE -- >> OKAY.

THANK YOU.

>> ORDINANCE 42 TO PROVIDE A PERMITTING PROCESS FOR VALET PARKING.

TO REQUEST AN AMENDMENT.

THE RED LINE VERSION IS IN YOUR PACKET AND I'M GOING TO RED LINE IT AGAIN BY THE TIME I GET TO THE PART OF THIS.

60 DAYS IS WAY TOO MUCH.

I THINK 30 DAYS IS PLENTY.

I WILL BE GLAD TO ANSWER ANY QUESTIONS.

>> LADIES AND GENTLEMEN, THIS IS WE HAVE A LOCAL PROPERTY AND BUSINESS OWNER DOWNTOWN WHO APPROACHED THE CITY ABOUT STARTING A VALET PARKING BUSINESS DOWNTOWN TO ACCOMMODATE THE GROWING COMMERCIAL DISTRICT.

WE HAVE DONE SOME REVIEW AND SOME WORK ON IDENTIFYING WHAT POTENTIALLY ARE THE ISSUES THAT COULD BE AT RISK HERE AND SO THIS ORDINANCE WILL ALLOW PEOPLE NOT A LIMITED NUMBER -- IF YOU WANTED TO HAVE A VALET PARKING BUSINESS YOU WOULD HAVE TO FOLLOW THIS ORDINANCE SO THIS IS WHY THIS IS BEFORE US.

ANY QUESTIONS ABOUT ORDINANCE 42?

>> HEARING NONE CHAIRMAN BURKHART.

>> RESOLUTION 28 REPEALING RESOLUTION 251991-92.

THIS IS BEEN RECOMMENDED FROM SEVERAL INTERNAL AUDITS.

I KNOW MISS LAURI TALKED ABOUT IT AT FINANCE.

ALL EMPLOYEES WILL HAVE THE OPPORTUNITY TO OPT IN TO THE BANK.

THEY CAN USE FROM THE BANK IF THEY NEED TO.

MMADA IS HERE.

BOBBY WILL IS PROBABLY ON THE LINE.

IF YOU HAVE ANY QUESTIONS WE'LL TRY TO ANSWER QUESTIONS.

THIS IS FOR AUDIT PURPOSES PLUS I THINK IT HELPS THE EMPLOYEES.

>> S WITH GOLDEN IS HERE IF ANYBODY HAS QUESTIONS ABOUT THE NEXT FEW RESOLUTIONS.

>> I HAVE A CONCERN MAYOR.

>> COUNCIL LADYSMITH YOU'RE RECOGNIZED.

[01:00:01]

>> CAN MR. WYATT EXPLAIN US TO ABOUT ADOPTING -- JUST GIVE US A SYNOPSES OF HOW THIS PROCESS HAPPENS.

HOW DOES IT TAKE PLACE AND HOW SICKLY TRANSFER TO WHAT?

>> WES GOLDEN IS GOING TO ANSWER THAT QUESTION.

YOU'RE RECOGNIZED.

>> YES, MA'AM, THIS IS A GOOD WAY FOR THE CITY EMPLOYEES TO TAKE CARE OF EACH OTHER AND IT GIVES US A SYSTEM TO DO THAT WITHOUT PUTTING A BURDEN ON THE CITY.

SHORT-TERM DISABILITY PROGRAMS AND THINGS LIKE THAT CAN BE COSTLY FOR EMPLOYEES.

THIS IS ANOTHER WAY FOR IF SOMEBODY FALLS ON HARD TIMES, BREAKS A LEG AND NOT ABLE TO WORK THEY CAN BORROW SICK TIME FROM THE SICK BANK SO WE WILL FOUR DAYS BUY IN ONCE A YEAR.

THERE IS AN OPPORTUNITY TO BUY IN TO THE PROGRAM AND THEN IF YOU STAY IN THE PROGRAM ONCE A YEAR YOU'LL HAVE TO DONATE ANOTHER DAY.

>> COUNCIL LADYSMITH.

>> THIS SOUNDS GOOD.

>> OKAY.

THANK YOU.

ANYBODY ELSE HAVE A QUESTION ABOUT RESOLUTION 28?

>> CHAIRMAN BURKHART.

>> RESOLUTION 29 PERSONNEL POLICY RELATED TO HIPAA.

THIS IS A PRIVACY POLICY.

GETTING US IN LINE WITH FEDERAL LAW AND IS NECESSARY AS WELL AS WE'RE SELF-INSURED.

FINANCE COMMITTEE APPROVAL.

I'LL TRY TO ANSWER ANY QUESTIONS OR WES CAN.

>> ANY QUESTIONS ABOUT RESOLUTION 29? HEARING NONE SEEING NONE WE'RE NOW READY FOR RESOLUTION 30.

>> RESOLUTION 30 IS PERSONNEL POLICY RELATED TO HIPAA SECURITY POLICY.

AS WE'RE SELF-INSURED WE HAVE TO DO THINGS A LITTLE DIFFERENT.

FINANCIAL COMMITTEE APPROVAL.

WE'LL TRY TO ANSWER ANY QUESTIONS IF ANYONE HAS ANY.

>> ANY QUESTIONS ABOUT RESOLUTION 30? HEARING NONE SEEING NONE CHAIRMAN BURKHART.

>> RESOLUTION 32 IS A PERSONNEL PROPERTY RELATED TO EQUAL EMPLOYMENT OPPORTUNITY.

COMPLIES WITH DISCRIMINATION LAWS.

FINANCE COMMITTEE APPROVAL.

>> ANY QUESTIONS ABOUT RESOLUTION 32?

>> MAYOR I JUST WANT TO ASK A QUESTION.

>> YOU ARE RECOGNIZED.

>> HAS ANYTHING CHANGED ON THE EQUAL OPPORTUNITY EMPLOYMENT.

ANY CHANGES OR JUST DOGHOUSE WORKBOOK KEEPING?

>> WE WILL ASK CHAIRMAN BURKHART WILL ASK MR. GOLDMAN.

3.

>> YES, MA'AM.

SOME OF THE CHANGES THAT HAVE COME INTO PLAY ARE WITH CASE LAW WITH THE SUPREME COURT WHEN IT COMES TO SEXUAL IDENTITY.

IT IS SORT OF A HOUSEKEEPING ISSUE AS WELL.

THIS IS ALSO WITHIN CITY CODE AND SOMETHING THAT CITY EMPLOYEES TRAIN ON.

>> YOUR MIC WENT IN AND OUT WHEN YOU FIRST MADE YOUR FIRST STATEMENT.

COULD YOU REPEAT THAT PLEASE.

>> BASED ON SUPREME COURT CASE LAW WE DID SOME UPDATES FOR SEXUAL IDENTITY.

GENDER IDENTITY.

ADDED THAT INTO THE POLICY AND THIS IS ALSO IN CITY CODE AND IT'S ALSO SOMETHING WE TRAIN ON EVERY YEAR FOR ALL EMPLOYEES.

>> SO SEXUAL IDENTITY HAS CHANGED IN WHAT WAY?

>> IT'S BEEN ADDED TO.

>> TO -- ENCOMPASS WHAT, SIR.

>> SEXUAL IDENTITY HAS BEEN ADDED TO THE LIST IN EQUAL OPPORTUNITY LAW PURSUANT TO

A SUPREME COURT -- >> I THOUGHT THAT WAS IN THERE.

>> ANONYMOUS.

IT WAS NOT UNTIL A RECENT SUPREME COURT CASE LATE SPRING EARLY SUMMER BEFORE THE SUPREME COURT ADJOURNED FOR THE SUMMER.

>> YES, MA'AM.

NOW IT STATES REGARDLESS -- IN ANY OTHER GROUP PROTECTED BY LAW.

>> I GOTCHA.

THANK YOU SO MUCH.

>> GOOD QUESTION.

ANYBODY ELSE HAVE A QUESTION ABOUT RESOLUTION 32? RESOLUTION 33.

>> ABUSIVE CONDUCT AND PREVENTION.

THE PURPOSE IS TO PROVIDE A HEALTHY WORKPLACE FREE OF ABUSE.

>> ANY QUESTIONS ON RESOLUTION 33? CHAIRMAN BURKHART.

>> THAT IS IT.

>> THANK YOU.

GOOD REPORT.

GAS AND WATER CHAIR COMMITTEE.

[6) GAS & WATER COMMITTEE]

[01:05:02]

>> I'LL HAVE A REPORT NEXT WEEK.

>> HOUSING AND DEVELOPMENT COMMITTEE.

>> THANK YOU, MAYOR.

[7) HOUSING & COMMUNITY DEVELOPMENT COMMITTEE]

I'LL REPORT THURSDAY.

>> RECREATION COMMITTEE.

CHAIR LADY GUZMAN.

[8) PARKS & RECREATION COMMITTEE]

>> I'LL HAVE A REPORT NEXT THURSDAY.

>> THANK YOU.

>> I'LL REPORT NEXT THURSDAY.

[9) PUBLIC SAFETY COMMITTEE]

>> STREETS AND GARAGE COMMITTEE.

[10)STREETS & GARAGE COMMITTEE]

>> FULL REPORT NEXT WEEK.

>> THANK YOU.

SIR.

TRANSPORTATION COMMITTEE.

[11)TRANSPORTATION COMMITTEE]

>> DITTO.

THE SAME.

>> ALL RIGHT.

WE ARE NEARING THE END OF THE EXECUTIVE SESSION.

ANY MEMBER OF COUNCIL HAVE A COMMENT BEFORE WE GO INTO THE NONPUBLIC MEETING?

[12) MAYOR AND COUNCIL MEMBER COMMENTS]

COUNCIL LADY GUZMAN YOU'RE RECOGNIZED.

>> I WOULD REMISS IF I DIDN'T RECOGNIZE -- THIS SATURDAY AT LIBERTY PARK.

>> A DRIVE THROUGH TRICK-OR-TREAT.

WE'VE GOT A NUMBER OF LOCAL GROUPS THAT ARE GOING TO PARTICIPATE.

SO WE INVITE THE PUBLIC TO DRIVE THROUGH TO GET YOUR CANDY FIX?

>> I WOULD LIKE TO ADD SOMETHING FOR THE TRANSPORTATION.

ON THE 30-31 THERE WILL BE FREE RIDES FROM OUR TRANSIT SYSTEM.

THEY WILL BE OFFERING FREE RIDES FOR HALLOWEEN ON THE 30-31ST.

>> THAT IS GOOD NEWS.

ANY OTHER COMMENT FROM COUNCIL BEFORE WE GO INTO THE NONPUBLIC MEETING? OKAY.

[13) ROURK/SONS OF CONFEDERATE VETERANS V. CITY]

LADIES AND GENTLEMEN, IF YOU ARE A COUNCILMEMBER PLEASE STAY ON THE LINE.

IF YOU'RE NOT PLEASE SIGN OFF AND WE WILL ASK EVERYONE ELSE IN THE COUNCIL CHAMBERS TO LEAVE WHILE WE ARE ADDRESSED BY OUR LEGAL COUNCIL MR. LANCE BAKER.

RESOLUTION 31-2020-21.

HAYWARD L REPORT AND CAPTAIN FRANK P.

GRACEY CAMP 233 SONS OF CONFEDERATE VETERANS INVESTIGATE CITY CASE.

HEYWARD ROURKE.

HEYWARD ROURKE.

>> THANK YOU COUNCILMAN ALLEN.

>> YOU CAN ALSO SWAP OVER TO GOOGLE MEETS IF YOU WANT TO OR STAY ON THE TELEPHONE LINE.

WHICHEVER IS EASIEST.

I SEE COUNCILMAN RICHAMOND.

COUNCILMAN ALLEN ARE ON GOOGLE MEETS.

OKAY WE HAVE COUNCILMAN HOLLOMAN.

COUNCIL LADY SMITH.

COUNCILMAN RICHAMOND.

COUNCILMAN GARRETT, COUNCILMAN ALLEN.

I THINK THAT IS IT.

>> WE'RE GOING TO HANG UP THE PHONE.

LADIES AND GENTLEMEN OF THE PUBLIC WE'RE RESUMING THE PUBLIC PORTION OF OUR MEETING AND WE'RE NOW READY FOR COUNCIL DISCUSSION ON RESOLUTION 31-2020-21 APPROVING A SETTLEMENT AGREEMENT IN THE HEYWARD L ROURKE AND CAPTAIN FRANK P.

GRACEY CAMP 233 SONGS OF CONFEDERATE VETERANSES VERSUS CITY CASE.

THAT COMES FROM THE FINANCE COMMITTEE WITH APPROVAL.

>> I'VE GIVEN YOU LEGAL ADVICE ABOUT THIS MATTER.

THIS ALL STEMS FROM A DECISION THAT THE MAYOR MADE BACK IN JUNE TO ORDER THE STREET DEPARTMENT TO REMOVE TEMPORARILY THE SIGN THAT WAS NAMING THE BRIDGE THE CONFEDERATE SOLDIERS MEMORIAL BRIDGE AND THE MEMORIAL ROCK AT THE BRIDGE THAT WERE PLACED THERE BACK IN 2002 AND THE CITY COUNCIL TOOK OFFICIAL ACTION TO APPROVE LEGISLATION TO NAME THE BRIDGE THAT NAME BACK THEN.

AND THE MAYOR'S DECISION WAS BASED ON THE UNREST AND CIVIL DISTURBANCE GOING ON IN THE COUNTRY THAT WE'VE ALL BEEN FAMILIAR WITH OVER THE LAST SEVERAL MONTHS AND PARTICULARLY IN CONNECTION WITH CIVIL WAR MEMORIALS AND MONUMENTS.

IN THE AFTERMATH OF THE MAYOR'S DECISION MR. HEYWARD WORK FILES A LAWSUIT ALLEGING VIOLATION OF THE ACT.

AND LATER THE SONS OF CONFEDERATE VETERANS VOTED TO INTERVENE AND THE JUDGE GRANTED THAT MOTION AND ALLOWED THEM TO INTERVENE.

SINCE THAT TIME THE MAYOR AND I AND ASSISTANT CITY ATTORNEY STAUFFER HAS BEEN INVOLVED IN TOO.

WE'VE BEEN NEGOTIATING WITH THE ATTORNEYS WITH THE LOCAL CHAPTER AND WITH MR. ROURKE AND WE'VE REACHED A SETTLEMENT AGREEMENT THAT IS SUBJECT TO CITY COUNCIL APPROVAL.

THE MAYOR HAS APPROVED IT.

OF THE FINANCE AND ADMINISTRATION COMMITTEE HAS APPROVED IT AND NOW IT WOULD BE UP TO THE CITY COUNCIL WHETHER THEY APPROVE IT.

THE LAW PERTAIN TO THIS AREA FALLS UNDER THE TENNESSEE HERITAGE PROTECTION ACT AND THE AGREEMENT IS IN WRITTEN FORM AND I PREVIOUSLY E-MAILED THAT TO YOU THE PROPOSED SETTLEMENT AGREEMENT.

THE SUBSTANCE IS THAT THE EXISTING LAWSUIT WOULD BE DISMISSED BY MR. ROURKE AND THE SONS OF CONFEDERATE VETERANS AND THEY WOULD PROVIDE THE CITY WITH A FEW RELEASE OF ANY POSSIBLE LAWSUITS THAT THEY COULD HAVE BROUGHT IN CONNECTION WITH THIS MATTER.

IN EXCHANGE THE CITY WILL PAY $1,000 TO THE LOCAL CHAPTER OF THE SONS OF

[01:10:06]

CONFEDERATE VETERANS TO DEFRAY THEIR LAWSUIT EXPENSES AND WE WOULD PAY $33,000 WHICH WAS NEGOTIATED, THEY ORIGINALLY ASKED FOR $48,000.

WE WOULD PAY THAT AS ATTORNEY'S FEES.

AS I'VE EXPLAINED AND PROVIDED YOU SOME DETAIL AND LEGAL ADVICE WE HAVE NO DEFENSES IN LAW OR FACT AGAINST THE LAWSUIT.

BECAUSE THE LAW IS WRITTEN SO BROADLY.

AND SHOULD WE BE FOUND IN VIOLATION OF THE LAW THE TENNESSEE HERITAGE PROTECTION ACT IT PROVIDES FOR SEVERE PENALTIES THAT AND IT'S INCUMBENT OR RATHER THE GEORGE HAS NO DISCRETION AS TO WHAT THE PENALTY WOULD BE.

BECAUSE THE STATUTE USES THE TERM SHALL A FORFEITURE OF FIVE YEARS WORTH OF GRANT FUNDS FROM THE TENNESSEE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT AND SO IN OUR CASE ESPECIALLY GIVEN OUR PAST HISTORY WE'VE BEEN SO FORTUNATE TO HAVE GREAT LEADERS WHO HAVE BEEN ABLE BOTH COUNTY AND CITY AND AT THE ECONOMIC DEVELOPMENT COUNCIL AND IDB TO BRING IN GOOGLE AND LG AND SO MANY OTHERS AND EACH OF THOSE DEALS WE'VE RECEIVED LARGE AMOUNTS OF MONEY GRANTS FROM THE TENNESSEE DEPARTMENT OF ECONOMIC COMMUNITY DEVELOPMENT FOR TO BE USED TOWARD INFRASTRUCTURE PROJECTS PARTICULARLY GAS, WATER AND SEWER.

AND SO WE DON'T WANT -- MY STRONG RECOMMENDATION AND THE MAYOR'S TOO IS THAT WE APPROVE THIS SETTLEMENT BECAUSE WE DON'T WANT TO RUN THE RIPS CAN SHOULD A VIOLATION BE FOUND THAT WE WOULD WE WOULD SUFFER SUCH A SEVERE PENALTY.

THE REST IS LEGAL BOILERPLATE.

IF YOU HAVE ANY QUESTIONS -- >> LADIES AND GENTLEMEN AND COUNCIL, DO YOU HAVE QUESTIONS ABOUT RESOLUTION 31?

>> I WOULD LIKE TO MAKE A COMMENT.

>> YOU ARE RECOGNIZED COUNCIL LADYSMITH.

>> I WANT THIS TO BE KNOWN FOR THE PUBLIC.

I WANT TO KNOW -- I WANT TO THANK YOU AGAIN FOR -- I APPRECIATE THAT.

IT WAS WORTH THE TRY.

MY QUESTION IS THIS.

HOW SOON CAN WE GET THE BRIDGE NAME CHANGED?

>> THE PROCESS WOULD BE THAT THE COUNCIL WOULD NEED TO PASS A RESOLUTION TO REQUEST A WAIVER FROM THE TENNESSEE HISTORICAL COMMISSION.

THAT RESOLUTION AND REQUEST WOULD THEN BE SUBMITTED AS MR. BAKER HAS MENTIONED IT DOES TAKE QUITE A BIT OF TIME SO WE WOULD LOOKING AT SEVERAL MONTHS BEFORE A DECISION WOULD BE RENDERED.

I CAN ALSO SAY THAT THE COMMISSION WOULD HAVE TO VOTE AND APPROVE IT BY TWO-THIRDS VOTE IN ORDER TO GIVE US THE WAIVER THAT WE'RE REQUESTING.

SO IT WOULD TAKE QUITE A BIT OF WORK BUT WE COULD BEGIN THAT PROCESS AT ANY POINT.

>> OKAY.

WOULD THIS BE A RESOLUTION OR ORDINANCE.

>> THIS WOULD BE A RESOLUTION.

>> A ONE TIME VOTE.

GOOD.

SO I GUESS ONE OF US NEEDS TO GET BUSY.

>> THANK YOU VERY MUCH.

ANY OTHER QUESTIONS COUNCIL LADYSMITH?

>> YEAH.

WHY DO THEY WANT $33,000.

WHAT DID THIS ATTORNEY DO FOR $33,000.

NOT THAT I'M AGAINST PAYING IT BECAUSE I WANT TO PROTECT OUR MAYOR AND CITY FROM ANY BURDENSES OR STRESS.

>> THIS IS BASED ON THE WORK THAT HE EXPENDED IN THE CASE TO INCLUDE THE LENGTHY PETITION TO INTERVENE THAT THEY FILED WHICH I SEPTEMBER THE COUNCIL A COPY OF AND THERE WAS A LOT OF HISTORICAL RESEARCH THAT WENT INTO THAT AND YOU SAW THE EXHIBITS ATTACHED TO THAT MOTION AND IT ALSO WE'VE ALREADY HAD SEVERAL CONFERENCE CALLS WITH THE JUDGE IN THIS MATTER AND ALSO MULTIPLE MEETINGS WITH THE MAYOR AND WITH ME IN THIS CASE.

SO, ITS ALL BASED ON THE TIME HE HAS GOT IN THIS CASE.

>> OKAY.

THAT IS UNDERSTANDABLE.

ALL RIGHT.

THANK YOU.

>> ANYBODY ELSE HAVE QUESTIONS ABOUT RESOLUTION 31? HEARING NONE I HAVE A COUPLE OF THINGS BEFORE WE CONCLUDE THE EXECUTIVE SESSION.

WE WILL BE PRESENTING NEXT WEEK A PROPOSED ORDINANCE THAT WOULD TEMPORARILY WAIVE

[01:15:05]

CREDIT CARD FEES FOR THOSE WHO ARE USING CREDIT OR DEBIT CARDS TO PAY THEIR PROPERTY TAX BILLS.

WE'LL PRESENT THAT YOU TO FOR YOUR CONSIDERATION.

BOTH A CONVENTION FOR THE CUSTOMER AS WELL AS A SAFETY ISSUE SO WE'RE NOT EXCHANGING PAPER DURING THIS VERY UNCERTAIN AND DANGEROUS TIME.

TODAY IS THE LAST DAY TO VOTE IF YOU HAVE NOT VOTED PLEASE VOTE AS IF YOUR LIFE DEPENDED ON IT BECAUSE IT DOES.

ANY OTHER QUESTIONS OR COMMENTS? WE'RE ADJOURNED WITHOUT OBJECTION.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.