1 00:00:06,306 --> 00:00:09,108 >> good afternoon everyone, april 28, 2022, executive session of the clarksville city council. 2 00:00:12,745 --> 00:00:16,049 mr. Tyndall called and is going to be about five to ten minutes late. So we will proceed with other 3 00:00:18,518 --> 00:00:21,521 items on the agenda, waiting on his arrival. Let me introduce a couple of folks as we get started. 4 00:00:26,826 --> 00:00:26,826 stephanie jenkins, tropical cros training with lisa canfield. 5 00:00:34,467 --> 00:00:34,467 and then eric bitner is here substituting for mr. Baker who 6 00:00:39,239 --> 00:00:39,239 is still little under the weather. 7 00:00:45,778 --> 00:00:45,778 in the back, arthur bing, interim director for clarksville 8 00:00:52,184 --> 00:00:52,184 transit. 9 00:00:58,857 --> 00:00:58,857 your service. >>> because we are waiting to 10 00:01:05,097 --> 00:01:05,097 mr. Tyndall, ma'am, read the consent agenda. 11 00:01:16,675 --> 00:01:19,414 >> all items in this portion of the agenda are considered to be routine and non-controversial by the council and may be approved by one motion. However, a member of the council may 12 00:01:20,713 --> 00:01:22,617 request that an item be removed for separate consideration under the appropriate committee report. 13 00:01:35,630 --> 00:01:38,566 ordinance 92-2021-22, second reading, amending the official code of the city of clarksville reapportioning the city of clarksville for the purpose of electing persons for 14 00:01:39,932 --> 00:01:39,932 the office of city council along state route 12 and east 15 00:02:01,622 --> 00:02:01,622 old ashland city road\. Ordinance 93-2021-22 second 16 00:02:06,558 --> 00:02:06,558 reading, authorizing the sale of property located 2015 ft. 17 00:02:11,496 --> 00:02:11,496 campbell boulevard at public auction. 18 00:02:31,083 --> 00:02:34,252 ordinance 95-2021-22, second reading, amending the operating and capital budgets for the fiscal year 2022 for governmental funds, ordinance 130-2020-21, to create and add additional funding for capital projects for 19 00:02:35,423 --> 00:02:36,588 a total of $27,460,000. 5. Ordinance 96-2021-22, second ordinance 96-2021-22, second reading, amending the zoning 20 00:02:39,825 --> 00:02:39,825 ordinance and map of the city of clarksville, application of mark 21 00:02:46,031 --> 00:02:46,031 davis, for zone change on property located at the 22 00:02:54,339 --> 00:02:55,410 intersection of kelly lane and general commercial district to r-6 single family residential district. 23 00:02:58,378 --> 00:03:00,912 ordinance 97-2021-22, second reading, amending the zoning ordinance and map of the city of clarksville, application of 24 00:03:03,348 --> 00:03:06,618 juanita charles, for zone change on property located at the intersection of plum street and e street from r-3 three family 25 00:03:12,891 --> 00:03:12,891 residential district to r-4 multiple family residential 26 00:03:17,732 --> 00:03:17,732 district. Ordinance 98-2021-22, second 27 00:03:28,507 --> 00:03:31,510 reading, amending the zoning ordinance and map of the city of clarksville, application of benny skinner, for zone change on property located at the intersection of franklin street 28 00:03:34,346 --> 00:03:36,081 and east college street from r-3 three family residential district to r-6 single family residential district. 29 00:03:43,121 --> 00:03:45,190 ordinance 99-2021-22, second reading, amending the zoning ordinance and map of the city of clarksville, application of 30 00:03:48,161 --> 00:03:48,161 samuel renison baggett, for zone change on property located at 31 00:03:52,798 --> 00:03:55,436 the intersection of edmondson ferry road and jen hollow road from r-1 single family residential district to r-2 32 00:03:58,606 --> 00:03:58,606 single family residential district. 33 00:04:02,974 --> 00:04:02,974 ordinance 100-2021-22, second reading, amending the zoning 34 00:04:08,849 --> 00:04:08,849 ordinance and map of the city of clarksville, application of john 35 00:04:13,486 --> 00:04:16,622 & james clark, landmark group, agent, for zone change on property located at the intersection of needmore road 36 00:04:21,058 --> 00:04:24,195 and east boy scout road from r-1 single family residential district to r-6 single family residential district. 37 00:04:28,568 --> 00:04:28,568 ordinance 102-2021-22, second reading, amending the zoning 38 00:04:32,870 --> 00:04:36,408 ordinance and map of the city of clarksville, application of syd & berry hedrick, for zone change on property located at the 39 00:04:41,212 --> 00:04:41,212 intersection of lafayette road and monarch lane from r-1 single 40 00:04:48,588 --> 00:04:52,189 family residential district to r-6 single family residential district. Ordinance 103-2021-22, second 41 00:04:56,894 --> 00:04:56,894 reading, amending the zoning ordinance and 42 00:05:03,367 --> 00:05:03,367 map of the city of clarksville, application of hunter winn, et 43 00:05:10,308 --> 00:05:13,311 al, for zone change on property located at the intersection of batts lane and biglen road from rm-1 single 44 00:05:17,716 --> 00:05:20,552 family mobile home residential district to r-6 single family residential district. Ordinance 106-2021-22, second 45 00:05:25,958 --> 00:05:29,294 reading, amending the zoning ordinance and map of the city of clarksville, application of ascension 46 00:05:34,067 --> 00:05:37,268 properties, for zone change on property fronting west thompkins lane from r-3 three family residential district to 47 00:05:41,207 --> 00:05:41,207 r-6 single family residential district. 48 00:05:52,884 --> 00:05:56,287 resolution 61-2021-22, a resolution approving appointments to the after hours establishment board, board of equalization, board of zoning appeals, designations committee, and the senior citizens board. 49 00:06:04,095 --> 00:06:04,929 and adoption of minutes: april 7, 2022 3) finance committee chairperson >> any member wish to speak on 50 00:06:10,335 --> 00:06:10,335 the consent m agenda. Seeing none. 51 00:06:15,075 --> 00:06:15,075 let's move on pl mr. Tyndall ist here. 52 00:06:19,544 --> 00:06:19,544 let's move on to finance committee, councilperson 53 00:06:24,852 --> 00:06:24,852 streetman. >> first reading, 54 00:06:30,154 --> 00:06:32,991 ordinance 107-2021-22, first reading authorizing the exercise of the right of eminent domain to acquire easements, property and rights of way required to facilitate construction of the 55 00:06:34,992 --> 00:06:34,992 spring creek parkway project. The finance committee did vote 56 00:06:40,197 --> 00:06:40,197 for approval. >> okay, I think mr. Cowan with 57 00:06:45,372 --> 00:06:47,771 the street department has a presentation to make to run through what we are asking you to do. 58 00:06:58,149 --> 00:06:58,149 we will have a powerpoint loaded here. 59 00:07:02,586 --> 00:07:06,057 it won't be death by powerpoint, but it will be close. The joke was funnier in my head. Mr. Cowan, please lead us 60 00:07:11,629 --> 00:07:14,432 through what you are asking. >> thank you, mayor. This ordinance is here to get permission to the city street 61 00:07:21,839 --> 00:07:21,839 department to acquire 15 properties, portions of those 62 00:07:26,079 --> 00:07:29,780 properties of easements, small amounts of right-of-way, mostly construction and slope easement from those individual prop 63 00:07:36,354 --> 00:07:36,354 properties. Spring creek parkway we have 64 00:07:42,894 --> 00:07:45,396 been looking at this for many years. We are glad this is finally getting to fruition to be able 65 00:07:49,299 --> 00:07:52,737 to go to construction. This particular project is three-mile section of roadway trenton road to wilma rudolph 66 00:08:00,845 --> 00:08:00,845 biewstled. Boulevard. 67 00:08:10,755 --> 00:08:10,755 the long-range transaction plan that the regional planning 68 00:08:18,463 --> 00:08:18,463 commission has developed was had indicated that 40,000 vehicles a 69 00:08:22,566 --> 00:08:26,505 day could be utilizing this road based on future projections. It is highly needed. Probably the biggest single 70 00:08:30,307 --> 00:08:34,211 roadway project that we have on our books right now, excited to move forward on. Next slide. 71 00:08:38,415 --> 00:08:38,415 just explain a little bit about the right-of-way acquisition 72 00:08:43,086 --> 00:08:43,086 process. So the -- some steps that we 73 00:08:53,731 --> 00:08:53,731 follow in regards to acquiring right-of-way, when we work with 74 00:08:59,070 --> 00:08:59,070 federal highway administration or tennessee department of 75 00:09:04,708 --> 00:09:06,944 transportation for federal or state funds, they require that we follow the uniform relocation assistance act from 1970 which 76 00:09:13,316 --> 00:09:13,316 outlines a very detailed process of appra appraisals and reviews. 77 00:09:24,261 --> 00:09:27,898 beyond purchasing of the land itself, but for any improvements they might have, any other damages that they might be 78 00:09:30,300 --> 00:09:32,669 ensuing as a result of the project. So we have agreed to only hire tdot certified appraisers for 79 00:09:38,042 --> 00:09:38,042 this process who are familiar with quantifying and coming up 80 00:09:43,414 --> 00:09:46,850 with a value for those improvements and damages. So it is important that we feel like, even though we don't have 81 00:09:50,654 --> 00:09:53,324 to legally follow this process, this process is important because it treats citizens fairly. 82 00:09:55,526 --> 00:09:55,526 if you are going to take land for a public project, it is 83 00:10:00,164 --> 00:10:03,334 important that they be given compensation for everything that they are being impacted by. To go on, even after that 84 00:10:12,043 --> 00:10:15,979 process has gone through and we have hired appraisers and done our negotiations, even come to consensus or agreement with the 85 00:10:20,017 --> 00:10:23,487 property owners, most houses still have a mortgage lender that has some interest in that property. 86 00:10:25,122 --> 00:10:25,122 we have to acquire release from those mortgage lenders and they 87 00:10:32,062 --> 00:10:32,062 are oftentimes not here locally. They are oftentimes part of a 88 00:10:37,334 --> 00:10:41,171 big corporate entity and it may sit on someone's desk and not be reviewed for months at a time. Our history has been, even after 89 00:10:45,308 --> 00:10:48,012 we get an approval from a property owner, we are waiting on mortgage company release. They are asking for three and 90 00:10:50,780 --> 00:10:54,684 four months to do the reviews. They are asking for sometimes three, four five thousand dollars just to even look at it. 91 00:10:59,890 --> 00:11:03,360 and so we felt like this project has been coming along for so long and we have got several properties that are being 92 00:11:06,963 --> 00:11:10,767 impacted by this, that we would need to go to the right of eminent domain in order to get this property in a reasonable 93 00:11:13,570 --> 00:11:16,239 time frame. One thing I should let you know, during that process of going through the eminent domain 94 00:11:20,377 --> 00:11:20,377 process, we take the value that our appraiser has come up with 95 00:11:24,748 --> 00:11:28,118 for the easement, for the right-of-way and we place that with the court system and it goes in and they are able to 96 00:11:33,690 --> 00:11:35,225 hold that. So we have already taken the money we think it is worth, the property is worth, and give that 97 00:11:38,262 --> 00:11:41,865 to the court system. That property owner at that time can petition to get and receive a money immediately and then we 98 00:11:47,537 --> 00:11:50,607 can continue that negotiation process so that if any more value is determined, based on negotiation or based on the 99 00:11:55,044 --> 00:11:55,044 court ruling, then they can be compensated in addition to that. 100 00:12:00,217 --> 00:12:00,217 we don't want to hold up their ability to at least get what 101 00:12:06,023 --> 00:12:08,257 they have deemed as an appropriate amount. This is a graphic that just shows some of the properties. 102 00:12:12,562 --> 00:12:15,465 again, 15 properties, 14 of them are shown on this slide as part of phase one for this project. And, again, out of the 15 103 00:12:21,170 --> 00:12:24,373 properties, eight of them we are waiting on the mortgage companies for that. Some others, the counteroffer 104 00:12:29,178 --> 00:12:32,249 that we received from property owner was ten times the value of the property. So there really wasn't a whole 105 00:12:35,251 --> 00:12:37,954 opportunity to negotiate between that, so far apart. We have had some -- we had one that the property owner just 106 00:12:42,958 --> 00:12:45,694 refuses to speak with anyone involved with the project and they are not interested in really negotiating for anything. 107 00:12:49,399 --> 00:12:49,399 they are against the project. We have one property, no. 38, 108 00:12:53,970 --> 00:12:53,970 largest one on the map, that had individual that owned the 109 00:12:58,942 --> 00:12:58,942 property, it has been passed down to actually 31 different 110 00:13:02,946 --> 00:13:02,946 heirs that currently reside from california to new york. 111 00:13:08,618 --> 00:13:12,288 getting authorization from all those people and all that would really be a long time-consuming process. 112 00:13:17,560 --> 00:13:21,464 if we go the route of eminent domain and we still continue to work for negotiation for that, what that does allow us to do is 113 00:13:25,468 --> 00:13:28,738 to gain possession so that we can go ahead and build the project while we continue to work out those details. 114 00:13:32,909 --> 00:13:32,909 so that's pretty much the benefit for the city in that 115 00:13:37,814 --> 00:13:40,917 regard. One more property here on phase two of the project, the property where the kohl's shopping center 116 00:13:45,688 --> 00:13:48,591 is, if you are familiar with that, very small bits of easement and right-of-way necessary right at the two 117 00:13:51,928 --> 00:13:51,928 driveway locations that are touching north edgewood. 118 00:13:56,901 --> 00:13:56,901 that's pretty much what we have. >> thank you, mr. Cowan, 119 00:14:01,136 --> 00:14:02,939 councilperson streetman, you are recognized. >> thank you, mayor, I know one of the questions I had tuesday 120 00:14:07,242 --> 00:14:07,242 was in regard to, you already have nine of the property owners 121 00:14:11,380 --> 00:14:11,380 that have agreed. Out of those nine, I believe, as 122 00:14:16,719 --> 00:14:20,689 we discussed, ten of these 15 properties, it is only easements that we are taking. Out of those nine -- out of the 123 00:14:24,226 --> 00:14:27,264 six that we have remaining, how many of those might be just easements and not an actual taking of property? 124 00:14:30,167 --> 00:14:30,167 >> I believe that five out of those -- 125 00:14:36,806 --> 00:14:39,945 >> so we are still working through those. >> yes, yes. And again, those easements are 126 00:14:42,712 --> 00:14:45,281 sometimes for utilities, sometimes for connections for slope. Sometimes just for room for the 127 00:14:47,383 --> 00:14:50,253 construction to occur that's only temporary. So it is not a full taking necessarily, but in order to 128 00:14:52,957 --> 00:14:56,427 build the road, we have to take use of a little bit of land. >> thank you. >> councilperson shakeenab you 129 00:15:04,734 --> 00:15:04,734 are recognized. >> the one lot, 31, is a house 130 00:15:10,910 --> 00:15:14,543 impact by this or strictly just land? >> I believe there is a house on the property? 131 00:15:17,613 --> 00:15:20,819 >> will that be impacted. >> no, that will not. It is well into the middle of the property. 132 00:15:22,451 --> 00:15:26,122 it is just right there at the connection kennedy road is going to connect into parkway, small little corner that is being 133 00:15:34,363 --> 00:15:37,902 impacted. >> thank you. >> councilperson zacharias, you are recognized. 134 00:15:40,069 --> 00:15:42,574 >> thank you, mayor. If you could -- when you gave this presentation during the finance committee meeting you 135 00:15:46,242 --> 00:15:46,242 talked about previous ordinance that was passed by the city 136 00:15:50,779 --> 00:15:50,779 council that deals specifically with this project, and sort of 137 00:15:55,251 --> 00:15:57,753 what we are considering doing today. I know for me personally, that ordinance carries a lot of 138 00:16:01,392 --> 00:16:01,392 impact when I think of how I want to vote on this. 139 00:16:05,995 --> 00:16:08,664 I was wondering if you could just talk about that a little bit with everybody. >> so when this project began, 140 00:16:10,999 --> 00:16:10,999 it has been several years ago, before we did the engineering 141 00:16:18,874 --> 00:16:22,046 work and I began to purchase the right-of-way on this project, during when we first start a project, this is very typical 142 00:16:25,480 --> 00:16:25,480 for most capital projects, that we bring an ordinance before 143 00:16:30,452 --> 00:16:30,452 city council to allow the mayor or h his designee on behalf ofe 144 00:16:48,003 --> 00:16:51,573 city council. We have had that authority to do so. I think this particular 145 00:16:53,408 --> 00:16:55,877 ordinance -- that was a general statement that allowed us to do it for the whole project. With this order thans, we are 146 00:16:58,480 --> 00:17:01,917 defining very specific amounts. The exact square footage needed from each individual property owner and that's why it is 147 00:17:04,787 --> 00:17:08,192 before you today. Because of the specific amount for each owner. >> the only reason I asked that 148 00:17:11,095 --> 00:17:14,063 you could maybe kind of let everybody else know that, that might not aware, we have a city council where half the council 149 00:17:19,535 --> 00:17:19,535 is up -- or the public chooses half the council every two years 150 00:17:25,040 --> 00:17:28,810 and that kind of creates a situation where if the current council is just voting to undo what the previous council did, 151 00:17:31,613 --> 00:17:31,613 we can get stuck in this pattern of not moving forward and not 152 00:17:36,218 --> 00:17:36,218 making progress. I want to be very honest, 153 00:17:42,124 --> 00:17:45,460 eminent domain is a very powerful and potentially divisive issue and I think that we need to get this right. 154 00:17:53,502 --> 00:17:56,505 >> mayor: councilperson rey reynolds. >> councilperson: I was wondering, can we get a copy of 155 00:17:58,207 --> 00:18:01,278 the slides or are they online? >> yes. >> councilperson: thank you. >> mayor: councilperson allen 156 00:18:02,911 --> 00:18:05,280 you are recognized. >> councilperson: so out of the entire 15, you have some that are just easements, right? 157 00:18:08,116 --> 00:18:11,420 and then you have others that are actually acquiring land. What's the average amount of land that each person will lose? 158 00:18:15,423 --> 00:18:15,423 >> it is very small. Little slivers. 159 00:18:19,928 --> 00:18:23,832 , like the 38, that has a fairly significant amount. Most are barely touching a corner of their property. 160 00:18:29,137 --> 00:18:32,040 in their backyards they might have a fence or drainage easement in that area. But it is fairly small part for 161 00:18:36,244 --> 00:18:39,013 a good majority of these parcels. >> councilperson: so if it is a backyard and it loses a fence, 162 00:18:41,282 --> 00:18:45,186 that will be put into the money that -- they will get money for that fence or they will get -- >> correct, when we do appraise 163 00:18:51,860 --> 00:18:55,530 appraisal. That is part of the appraisal and the offer that is made. If they have an improvement, 164 00:18:58,367 --> 00:18:58,367 landscaping, trees, or a fence, that has been included in the 165 00:19:02,704 --> 00:19:04,573 offer price. >> thank you. >> mayor: koucouncilperson streetman. 166 00:19:09,177 --> 00:19:12,647 >> councilperson: thank you, mayor. It is not necessarily a question, if you will -- and I know it is a lot, if you will dig into the attachments that 167 00:19:15,450 --> 00:19:15,450 come along with the ordinance, it actually shows each and every 168 00:19:19,655 --> 00:19:19,655 individual property in there and how much you can kind of see 169 00:19:23,725 --> 00:19:23,725 that would be coming from that. It is also very detailed to show 170 00:19:28,463 --> 00:19:30,566 us whether or not it is a temporary construction easement, whether it is the slope easement, drainage easement. 171 00:19:34,303 --> 00:19:38,073 so I would encourage everybody to take time and go in there and review each of those. Then you can read before it and 172 00:19:40,308 --> 00:19:40,308 it tells you if it is fee simple, permanent ease many,men, 173 00:19:47,082 --> 00:19:49,785 slope easement or construction easement. >> mayor: thank you. Any other questions for 174 00:19:51,886 --> 00:19:51,886 ordinance 107 and mr. Cowan, seeing none. 175 00:19:57,025 --> 00:19:59,327 councilperson streetman you are recognized. >> councilperson: thank you, mayor. 176 00:20:08,120 --> 00:20:11,890 ordinance 108-2021-22, first reading authorizing the city's purchase of the sallee property with an award of entitlement community development block grant funds to the city of 177 00:20:12,992 --> 00:20:16,328 clarksville from the united states department of housing and urban development for expansion of dixon park. 178 00:20:24,038 --> 00:20:24,038 this is where we are expanding dixon park and the land we are 179 00:20:31,676 --> 00:20:33,578 getting was appraised for $20,000. That's exactly what we are purchasing the land for. 180 00:20:36,348 --> 00:20:39,317 >> mayor: any questions regarding 108, ordinance 108? Seeing nun, chairperson streetman. 181 00:20:42,754 --> 00:20:45,557 >> councilperson: that concludes my report, mayor. Mr. Tyndall, if you don't mind, come forward, and we will go 182 00:20:51,163 --> 00:20:51,163 back to the planning commission report. 183 00:21:02,307 --> 00:21:02,307 first item, ordinance 101-2021-22. 184 00:21:11,317 --> 00:21:12,818 mr. Tyndall. >> thank you, I apologize for being late. I couldn't get here in time. 185 00:21:15,421 --> 00:21:15,421 ordinance 101, mr. Ligon haon hs asked to withdraw that. 186 00:21:22,728 --> 00:21:25,864 I'm happy to any questions, but I don't have any slides on 101 this week. >> any questions for 187 00:21:28,033 --> 00:21:28,033 mr. Tyndall? Seeing none, ready for item 2, 188 00:21:34,607 --> 00:21:34,607 ordinance 93. I'm sorry, ordinance 109, 189 00:21:39,845 --> 00:21:41,381 mr. Tyndall. >> this is the application of raymond she seppard. This is .24 acres currently 190 00:21:52,961 --> 00:21:55,160 zoned r3 and requesting to go to r6. It is not an extension of the r6. 191 00:21:58,463 --> 00:21:58,463 the property fronts gracey avenue and woodland street. 192 00:22:05,871 --> 00:22:09,141 city council ward no. 6. It is a vacant lot and the owner plans to create an affordable housing option. 193 00:22:15,347 --> 00:22:15,347 this is an area near crossland avenue. 194 00:22:19,351 --> 00:22:19,351 we have a lot of r6 in the generic neighborhood scattered 195 00:22:24,489 --> 00:22:27,859 around as you can see. A lot of the smaller r3 parcels are getting grouped one or two at a time and split into just 196 00:22:31,463 --> 00:22:31,463 single family homes. The current lot could handle one 197 00:22:35,500 --> 00:22:37,769 home. This is likely be divided into two homes in the r6 zoning. Here's gracey avenue. 198 00:22:49,916 --> 00:22:49,916 similar homes on the street. Here's the vacant lot. 199 00:22:55,823 --> 00:22:55,823 and the adjacent property. And property is to your right. 200 00:23:01,761 --> 00:23:01,761 this is looking across the street. 201 00:23:06,865 --> 00:23:09,033 comments from other departments, street department noted sidewalks would be required on gracey avenue and school 202 00:23:17,809 --> 00:23:20,345 capacity comments. Historical estimates put this at two units. Staff recommends approval. 203 00:23:22,314 --> 00:23:25,651 the proposed zoning request is consistent with land use plan. The proposed r6 is not out of character with the surrounding 204 00:23:30,722 --> 00:23:32,290 developments. Adequate infrastructure serves the site and no adverse issues identified and sidewalks 205 00:23:35,861 --> 00:23:38,596 required as part of the development approval process. The planning commission also recommended approval. 206 00:23:42,200 --> 00:23:42,200 >> thank you, mr. Hi tyndall. Any questions for ordinance 109, 207 00:23:47,472 --> 00:23:47,472 seeing none, item no. 3, ordinance 110, mr. Tyndall. 208 00:23:54,879 --> 00:23:54,879 >> this is the application of frank woodard. 209 00:24:01,887 --> 00:24:01,887 we deferred that one. Apologies. 210 00:24:06,057 --> 00:24:06,057 z21-22, application of joe winn junior. 211 00:24:13,131 --> 00:24:13,131 8.48 acres currently zoned r1a. Requesting to go to c5 in the 212 00:24:18,036 --> 00:24:21,639 front and r4 in the rear. It is an extension of the zoning classification. The property fronts tiny town 213 00:24:27,011 --> 00:24:27,011 road, 440 feet west of the tower drive intersection. 214 00:24:31,182 --> 00:24:33,851 city council ward no. 8. There's a residential home on the site and it is semi wooded and the applicant statement is, 215 00:24:37,222 --> 00:24:37,222 quote, best use of land. C5 across the street and r4 216 00:24:45,262 --> 00:24:49,201 adjacent to it. There's the home in question. A lot of you have probably driven past this many times. 217 00:24:52,738 --> 00:24:52,738 that's tower drive adjacent to it. 218 00:24:57,742 --> 00:25:01,312 looking back from the nearest cross-section or intersection across the street. Another view of the home. 219 00:25:11,289 --> 00:25:14,492 department comments and concerns, the gas and water department said it will require off site sewer upgrade. 220 00:25:17,728 --> 00:25:17,728 traffic asses assessment was sud and accepted with minimal 221 00:25:23,867 --> 00:25:25,603 impacts. The driveway must be aligned with the gas station driveway across the street and sidewalks 222 00:25:28,840 --> 00:25:28,840 along on tiny town road. No other comments or concerns 223 00:25:33,078 --> 00:25:36,249 and comments from the school system regarding capacity at the three schools listed. Historical estimates would put 224 00:25:39,617 --> 00:25:43,021 this at 72 units plus the commercial frontage. Staff recommends approval. The proposed request is 225 00:25:45,457 --> 00:25:48,726 consistent with the land use plan. C5 highway and arterial district is an appropriate zoning 226 00:25:54,666 --> 00:25:54,666 classification along tiny town road. 227 00:25:59,337 --> 00:26:02,339 in character with the development patterns of tiny town road. The plng commission also plannin 228 00:26:07,678 --> 00:26:10,815 recommended approval. >> is there a plan to connect the c5 on the back side. How are they going to get in and 229 00:26:14,351 --> 00:26:14,351 out of that property? >> right now, the adjacent 230 00:26:19,623 --> 00:26:19,623 property is still a home. I will go back to the map. 231 00:26:25,765 --> 00:26:28,866 zoned r1a. The easterly tells the picture as well. So the applicant would likely 232 00:26:31,735 --> 00:26:35,172 put a private driveway between two commercial pads back to the r4 in the rear and would I and I wouldexpect something simo 233 00:26:42,346 --> 00:26:44,448 tower drive or larger unit buildings back there. They will have a driveway that lines up with the gas station's 234 00:26:47,818 --> 00:26:51,388 driveway across the street. You can just see it in there, which splits this in half. This was deferred a month so 235 00:26:54,224 --> 00:26:54,224 they could adjust lot lines and zoning lines to match the street 236 00:26:58,428 --> 00:27:02,199 department's request there. But there's no plan to have a street that parallels tiny town road, unless they bring it in 237 00:27:08,772 --> 00:27:08,772 and want to do it. The two parcels next to them 238 00:27:14,479 --> 00:27:18,249 don't have plans. One is c5 and the other is not. Tower drive does not specifically stub into this 239 00:27:20,717 --> 00:27:23,254 property. If it did, we would probably be having a different conversation. >> I just am concerned that 240 00:27:27,124 --> 00:27:27,124 everybody gets a driveway to tinetiny town and we make it lok 241 00:27:35,533 --> 00:27:39,239 like wilma again. Not even asking to leave the space as we develop. >> it will have to meet the 242 00:27:41,939 --> 00:27:45,476 access ordinance and per the treatment department's guidelines. >> okay. 243 00:27:48,880 --> 00:27:51,349 >> mayor: let the church say amen. He was jumping out of his chair. Any other questions regarding 244 00:27:55,052 --> 00:27:55,052 this ordinance? Seeing none, ready to for item 245 00:27:59,657 --> 00:27:59,657 4, ordinance 111. Mr. Tyndall. 246 00:28:05,228 --> 00:28:05,228 >> thtion planning commission case z22-2022. 247 00:28:17,207 --> 00:28:17,207 application of luis, alicea, kolt milam, agent, for 248 00:28:24,448 --> 00:28:24,448 the property fronts eastland drive north of the cumberland 249 00:28:29,520 --> 00:28:32,491 drive and eastland drive intersection, city council ward no. 6. Wooded tract with varying 250 00:28:35,594 --> 00:28:38,129 topography and substandard right-of-way. The applicant did not provide a statement of use. 251 00:28:44,001 --> 00:28:44,001 one little pocket of r6 a couple blocks away. 252 00:28:48,372 --> 00:28:51,842 here's the street in question. Property on this picture is up and on the right. This is looking back toward 253 00:28:54,511 --> 00:28:54,511 cumberland and not toward it. There's the property in que 254 00:29:02,853 --> 00:29:05,489 question. The house that's adjacent to that property, looking up the hill, and looking back from -- 255 00:29:09,293 --> 00:29:09,293 this is from cumberland but looking back toward the pro 256 00:29:16,166 --> 00:29:18,736 property. Staff departments comments, gas and water department said there is no sewer available. 257 00:29:22,306 --> 00:29:22,306 I believe the property across the street is on septic. 258 00:29:26,511 --> 00:29:30,314 the street department said widening eastland drive along the frontage, sidewalks would be required per r6 and no other 259 00:29:33,984 --> 00:29:36,953 comments listed from other departments. Historical estimates would be 7. I think it is important to note 260 00:29:40,057 --> 00:29:40,057 if this site has sewer, you could get three or possibly four 261 00:29:44,328 --> 00:29:48,132 units under its possible zoning of r2. And staff recommends disapproval. 262 00:29:50,634 --> 00:29:50,634 the proposed request appears to be insubseq insubseq inconsiste. 263 00:29:57,674 --> 00:29:57,674 there is opportunity for r2 zoning. 264 00:30:03,246 --> 00:30:03,246 the zoning does not appear to bs substandard. 265 00:30:08,719 --> 00:30:11,954 development would require widening of the road and installation of sidewalks under acceptance of the clarksville 266 00:30:14,724 --> 00:30:17,694 street department. I will also say development under r2 may also require road widening, to be fair for this 267 00:30:21,699 --> 00:30:25,235 zoning case. Planning commission also recommends disapproval on this. >> mayor: any comment or 268 00:30:30,907 --> 00:30:30,907 question regarding ordinance 11. S111. 269 00:30:35,011 --> 00:30:35,011 seeing none. Item no. 5, ordinance 112, 270 00:30:40,050 --> 00:30:40,050 mr. Tyndall, please. >> this is planning commission 271 00:30:46,790 --> 00:30:46,790 case z23-2022, application of robert clark and todd harvey. 272 00:30:55,999 --> 00:30:55,999 this is 21.89 acres, currently zoned c3 and proposed to go to 273 00:31:03,439 --> 00:31:06,912 c5. It is an extension of the c5. Property located at the western terminus of merchants boulevard. 274 00:31:15,852 --> 00:31:19,489 it is a vacant cleared lot. The statement is need the property rezoned in order to have more variety of uses for 275 00:31:22,059 --> 00:31:24,828 the property. It does have two historical cases, both subdivisions. This has been zoned c3 well 276 00:31:29,900 --> 00:31:33,036 above 2010. The planning commission put together a document outlining the similarities and differences 277 00:31:35,505 --> 00:31:35,505 between c3 and c5. C3 is not a zone we have ever 278 00:31:39,876 --> 00:31:43,079 actually had requested. It is a regional shopping center zone. A lot of retail, office, 279 00:31:45,315 --> 00:31:48,752 commercial. But it takes out a lot of the auto oriented thens like auto repair, auto body, gas stations, 280 00:31:53,823 --> 00:31:56,159 car washes, self-storage, things like that. Really what I think is more compatible with the 281 00:31:59,296 --> 00:31:59,296 neighborhood, the cro kroger and lowe's was developed as c3 282 00:32:05,468 --> 00:32:05,468 subdivision, just to give you an idea of what c3 could be. 283 00:32:15,945 --> 00:32:15,945 c3 in the lighter blue, and c5 around it. 284 00:32:20,183 --> 00:32:23,586 there's the current end of merchants boulevard. It has a temporary turn around. We have a subdivision plat that 285 00:32:27,856 --> 00:32:29,526 does show a street going through this property. We are working with the applicant on what the future use 286 00:32:33,596 --> 00:32:35,731 of this is. Again, they stated that they wanted more uses and we are going to try to work with them 287 00:32:38,667 --> 00:32:42,105 before they submit a site plan to iron out any difficulties going forward. Here's the current end. 288 00:32:44,507 --> 00:32:44,507 the property is just beyond this tree line where it -- the border 289 00:32:50,546 --> 00:32:50,546 of this property. Here it is from 101st looking 290 00:32:57,887 --> 00:33:00,356 back. It is right over the berm there on the right side. No other comments or concerns 291 00:33:04,694 --> 00:33:08,566 from other departments. Staff recommends approval. The proposed request is consistent with the land use 292 00:33:11,000 --> 00:33:13,736 plan. The request from c3 regional shopping center district to c5 highway and arterial district 293 00:33:16,739 --> 00:33:16,739 would increase the options of additional uses, many of which 294 00:33:20,776 --> 00:33:23,579 are motor vehicle oriented. Adequate infrastructure serves the site. No adverse environmental issues 295 00:33:26,017 --> 00:33:26,017 were identified and the planning commission also recommended 296 00:33:30,119 --> 00:33:32,855 approval. >> mayor: thank you, mr. Tyndall, any question or comment ordinance 112. 297 00:33:36,025 --> 00:33:36,025 seeing none, no. 6, ordinance 113, mr. Tyndall. 298 00:33:42,431 --> 00:33:42,431 >> plng coplanning commission application of 299 00:33:55,080 --> 00:33:55,080 zone change on property located habitat for humanity, syd 300 00:34:11,327 --> 00:34:11,327 hedrick, agent, for zone change three lots with a slight slope. 301 00:34:15,597 --> 00:34:15,597 the applicant statement, the three lots are bordered on three 302 00:34:19,635 --> 00:34:19,635 sides by streets thus creating two corner lots that aren't 303 00:34:26,008 --> 00:34:26,008 large enough to build a house. A smaller middle lot and larger 304 00:34:31,847 --> 00:34:34,750 corner lot, reduce setbacks provided by r6 zoning. In other words, they only plan to do three maybe four. 305 00:34:38,087 --> 00:34:38,087 you can already do three lots on that property. 306 00:34:43,926 --> 00:34:46,762 and again request for habitat for humanity to make a wiser use of their land. And there's the property on the 307 00:34:48,898 --> 00:34:48,898 right there. Looking back up the side street 308 00:34:55,471 --> 00:34:55,471 of the property. Staff comments or concerns, 309 00:35:00,675 --> 00:35:00,675 sidewalks would be required. Street department said widen 310 00:35:06,448 --> 00:35:06,448 both dumis drive and elm hill drive. 311 00:35:13,255 --> 00:35:16,024 the capacities of the three schools listed. Historical estimates would put this at 5 units. 312 00:35:19,762 --> 00:35:22,532 staff recommends approval. The proposed request is consistent with the land use plan. 313 00:35:23,832 --> 00:35:23,832 the proposed r6 single family residential district has a more 314 00:35:28,771 --> 00:35:31,674 appropriate setback to accommodate the construction of single family homes with current corner and dead end street 315 00:35:35,477 --> 00:35:37,212 configuration. Development of this property would require widening of the streets along the frontage and 316 00:35:41,483 --> 00:35:44,720 installation of sidewalks under review of the street department. The planning commission also recommended approval. 317 00:35:46,855 --> 00:35:46,855 >> thank you, mr. Tyndall, any comment or question regarding 318 00:35:53,695 --> 00:35:56,065 ordinance 113. Seeing none. Mr. Tyndall, ordinance 114. >> case z25-2022, the 319 00:36:00,602 --> 00:36:00,602 application of jason senseney. Currently zoned c2 requesting to 320 00:36:08,110 --> 00:36:08,110 go to c5. It is an extension of the c5. 321 00:36:13,148 --> 00:36:13,148 a zoning case in 2015 is when this one piece of c5 was zoned 322 00:36:19,221 --> 00:36:22,557 that way. Parcel at the north frontage of providence boulevard and south of e street and s oak street. 323 00:36:28,297 --> 00:36:32,167 it is a vacant gravel lot used for parking. The applicant statement is to comply with what is already here 324 00:36:34,773 --> 00:36:34,773 and expand their business. There's an audio stereo site 325 00:36:44,079 --> 00:36:46,481 which is compliant with c2 on the left. The owner owns the car lot to the right and they want to 326 00:36:50,219 --> 00:36:52,254 expand into the building on the left. That's the compliant c5 lot out there right now. 327 00:36:56,258 --> 00:36:58,862 and also have some area in the back they would like to fill and level out for some vehicle storage. 328 00:37:02,798 --> 00:37:02,798 back on e street looking toward the property. 329 00:37:07,235 --> 00:37:07,235 there it is again from e street. No other comments or concerns 330 00:37:15,110 --> 00:37:18,213 from other departments. Staff recommends approval. The proposed request is subsequent with the land use 331 00:37:20,182 --> 00:37:20,182 plan. The request for c2 to c5 removes 332 00:37:24,620 --> 00:37:27,989 the ability to have mixed use residential and commercial while increasing the option for additional uses. 333 00:37:29,859 --> 00:37:33,629 many of which are associated with motor vehicle trade, adequate infrastructure serves the site. 334 00:37:35,297 --> 00:37:38,233 it appears environmental issues were identified with this request and planning commission also recommended approval. 335 00:37:41,403 --> 00:37:45,273 >> thank you, mr. Tyndall, any comment or question regarding this property in new providence? Ready for item 8, ordinance 115. 336 00:37:51,813 --> 00:37:51,813 >> planning commission case z26-2022, the application of 337 00:37:56,051 --> 00:37:56,051 code dcody and taylor dahl. R4 with the h1 overlay and 338 00:38:05,527 --> 00:38:05,527 requesting to go to op office and professional keeping the h1 339 00:38:12,067 --> 00:38:12,067 overlay. H1 overlay means it is 340 00:38:16,538 --> 00:38:19,207 historical district. H1 on the property, they comply with the madison design standards going forward. 341 00:38:27,114 --> 00:38:27,114 I believe I have a map of that. Parcel fronts madison street a 342 00:38:36,024 --> 00:38:39,361 con roy intersections. City council ward no. 6. Hehistoric overlay. The properties that front 343 00:38:43,865 --> 00:38:43,865 madison street and greenwood, most in the historic overlay. 344 00:38:47,969 --> 00:38:51,406 the property currently has an historic residential home constructed in 1924. Requests of the applicant to 345 00:38:56,178 --> 00:38:56,178 rezone the property to be able to use it as a title company and 346 00:39:01,082 --> 00:39:01,082 law office. Other houses in the area are 347 00:39:06,153 --> 00:39:09,958 allowed as offices previously in r4 but not currently. I will be happy to clarify if need. 348 00:39:11,993 --> 00:39:11,993 here's the home in question, the red brick home about midway down 349 00:39:16,063 --> 00:39:16,063 madison street. Interesting fact that we learned 350 00:39:21,403 --> 00:39:24,973 when we were going through the historic commission to review this, this home was built backwards. 351 00:39:29,110 --> 00:39:31,245 the kitchen is facing the street on this design. I don't know why they did it in 1924, interesting fact on that 352 00:39:36,651 --> 00:39:39,420 one. Looking back up the property from madison street. A lot of you have driven past 353 00:39:44,226 --> 00:39:47,997 these. This is directly across the street. This is adjacent. 354 00:39:49,764 --> 00:39:51,433 this would be the driveway in there. There are some parking spots. Half the parking spots on the 355 00:39:55,436 --> 00:39:57,505 right go with the apartments in the back. The other parking spots on the left belong to this property. 356 00:40:02,913 --> 00:40:02,913 and another adjacent home to this one. 357 00:40:08,550 --> 00:40:11,752 departments didn't have any other comments or concerns. The staff does remedies approval. 358 00:40:13,688 --> 00:40:16,023 the proposed request is inconsistent with the land use plan. The proposed office professional 359 00:40:18,426 --> 00:40:21,996 district is not out of character with the residential historic block face of the homes that exist on madison street. 360 00:40:25,867 --> 00:40:25,867 the conversion of historic homes into offices and commercial uses 361 00:40:30,371 --> 00:40:33,975 erodes the historical character of the area and permits the encroachment of uses that could diminish the historic district. 362 00:40:38,379 --> 00:40:41,717 focus on preservation and maintenance of existing structures should be required under the current zoning 363 00:40:45,253 --> 00:40:47,122 designation. It is currently r4. This entire district is r4. There was a poll taken well 364 00:40:52,694 --> 00:40:55,363 before I got here, probably going on ten years ago, asking the residents there if they wanted to go back to r1, r1a, 365 00:41:00,535 --> 00:41:03,738 good amount of these actually do have more than one unit in them. Maybe two or three units along madison street. 366 00:41:07,308 --> 00:41:10,612 the decision at the time was there was too much pushback and we didn't rezone it. All lots of record, to the 20s 367 00:41:16,017 --> 00:41:18,486 and 30s, they can you will be compliant homes. However, as we know, they could also be compliant with 368 00:41:23,291 --> 00:41:26,728 fufuturedevelopment of apartmen, converting existing structures or adding on to the density. Any of this would have to go 369 00:41:29,597 --> 00:41:29,597 through the planning commission and historic zoning commission 370 00:41:34,368 --> 00:41:37,138 on this. I'll be happy to any questions. The planning commission does recommend approval. 371 00:41:40,708 --> 00:41:43,043 >> councilperson reynolds, you are recognized. >> yes, hi. I did reach out to mr. Long who 372 00:41:46,880 --> 00:41:46,880 is the chairperson for the historical society and asked a 373 00:41:51,986 --> 00:41:51,986 question about this home. We discussed it back and forth. 374 00:41:57,625 --> 00:41:57,625 he does understand that only the front part of the property will 375 00:42:03,764 --> 00:42:03,764 be business and the backpacker back partcan be turned into apan 376 00:42:08,369 --> 00:42:08,369 r4. He said, they could do it now, 377 00:42:12,540 --> 00:42:12,540 so that doesn't matter. He indicated that obviously they 378 00:42:17,745 --> 00:42:19,947 would rather have a single family. There has been a single family for years and the home is in 379 00:42:23,083 --> 00:42:23,083 need of updating. So they support changing it to 380 00:42:28,088 --> 00:42:31,892 office rather than leaving it as a r4 and having it broken up into apartments. So I also asked one resident, 381 00:42:37,764 --> 00:42:41,068 mr. Winnn in the neighborhood, because I happen to know who he is. And it is basically the same 382 00:42:43,738 --> 00:42:46,740 opinion. The law office would maintain the integrity of the historical home. 383 00:42:50,444 --> 00:42:50,444 parking is a question. But they would rather see it 384 00:42:54,748 --> 00:42:58,185 turned into a law office than into four apartments. So to share that with you. >> mayor: councilperson 385 00:43:02,656 --> 00:43:02,656 streetman, you are recognized. >> councilperson: thank you, 386 00:43:06,894 --> 00:43:09,297 mayor. Mr. Tyndall, I was one of the ones that voted in favor. It says on here out of character 387 00:43:13,166 --> 00:43:16,002 with the residential and historic block face of homes that exist along madison street. Along madison street historic 388 00:43:23,744 --> 00:43:27,681 district corridor, don't we have several converted to commercial opportunities? They went through a painstaking 389 00:43:30,351 --> 00:43:33,220 process with the bank to maintain historical aspect of it and changed it into a commercial opportunity. 390 00:43:37,357 --> 00:43:40,494 there is an accounting office. There's a few of the homes that have already been changed into commercial opportunities, 391 00:43:44,333 --> 00:43:45,833 correct? >> that's correct. So you have the funeral home just across the street and down 392 00:43:48,769 --> 00:43:51,572 the block. That was predates a lot of other activities in this area. That has been a funeral home for 393 00:43:56,009 --> 00:43:58,946 quite a while and grandfathered use. There is a financial office five or six homes down. 394 00:44:02,015 --> 00:44:02,015 that was done between 2000 and 2010, before the zoning code got 395 00:44:08,088 --> 00:44:09,956 rewritten. It is considered by the street department a grandfathered use at the time. 396 00:44:14,361 --> 00:44:14,361 any additions to this property, whether they are structural or 397 00:44:19,167 --> 00:44:21,868 parking would have to go through the common design review board. I think we would like to lean toward parking toward the side 398 00:44:24,905 --> 00:44:28,575 or rear instead of the front. The financial office does have down the street, the whole front is parking. 399 00:44:30,577 --> 00:44:34,014 I think that's really what starts to deteriorate the community, not necessarily the use, there will be additional 400 00:44:37,884 --> 00:44:37,884 daytime traffic in and out of a law office you maybe don't have 401 00:44:42,189 --> 00:44:45,959 for a single family house if the parking could be accommodatend a way that doesn't really break up the walking nature of this 402 00:44:49,930 --> 00:44:53,233 historic zone. That's what we look for at the historical commission. Still another stop for this. 403 00:44:56,570 --> 00:44:56,570 zoning is the first step. They have to be back for the 404 00:45:00,774 --> 00:45:04,344 historical commission for site improvements. >> councilperson: I, too, spoke with a resident that lives in 405 00:45:07,014 --> 00:45:09,550 the area that is very interested in the historical impact. For them, they also, they didn't take issue with it one way or 406 00:45:12,953 --> 00:45:15,389 the another, whether it passed or failed. For me, part of my thought process is exactly what was said 407 00:45:18,759 --> 00:45:18,759 from my fellow council member, more concerned about the changes 408 00:45:24,298 --> 00:45:28,001 that would have to be made inside by converting it to apartments versus leaving it the way it was. 409 00:45:30,103 --> 00:45:34,074 so thank you. >> mayor: councilperson marquis, you are recognized. >> councilperson: thank you, 410 00:45:36,143 --> 00:45:39,647 mayor. Since staff disapproves but the commission approves, out of you'rcuriosity what was the 411 00:45:44,985 --> 00:45:44,985 difference in vote. >> the commission was unanimous. 412 00:45:50,824 --> 00:45:51,992 >> for it? >> yes. >> we heard one reasoning behind it, but were there other reasons 413 00:45:56,797 --> 00:45:56,797 why they voted for approval? >> I believe council member 414 00:46:03,403 --> 00:46:03,403 mentioned that those statements were reit reiterated by others. 415 00:46:08,975 --> 00:46:12,048 >> was it? Thank you. >> mayor: councilperson smith, you are recognized. 416 00:46:18,552 --> 00:46:19,886 >> councilperson: mr. Tyndall, I was there when we voted for this. We voted for this because I did 417 00:46:23,957 --> 00:46:23,957 state that mr. Charles tannin would love to see this being 418 00:46:32,766 --> 00:46:32,766 office space for the upkeep of the community as well. 419 00:46:37,070 --> 00:46:37,070 my question was, is this considered spot zoning. 420 00:46:43,477 --> 00:46:47,347 >> two tests I often have in my head when it comes to spot zoning, is are you doing this just for a single property that 421 00:46:50,016 --> 00:46:50,016 you are not going to do for anyone else and only for a 422 00:46:54,187 --> 00:46:56,790 specific purpose that doesn't have application anywhere else? Again, this is part of the planning staff's concern is that 423 00:46:59,292 --> 00:47:02,629 this could be just the first foot in the door of converting a lot of this over to office, medical, different practices up 424 00:47:08,036 --> 00:47:11,905 and down and not being homes anymore as they originally were. This happens in a lot of towns. Not to say that an office or two 425 00:47:15,509 --> 00:47:17,644 on a block is going to deteriorate. I don't want to see every home do it. 426 00:47:20,146 --> 00:47:23,817 so if the council is willing to apply op to other properties in the area, this just happens to be the first. 427 00:47:26,587 --> 00:47:29,923 if you are only going to do it for this property, I would call it spot zoning. >> councilperson: can you give 428 00:47:33,626 --> 00:47:33,626 me -- could you provide us a copy of information data on spot 429 00:47:38,998 --> 00:47:41,735 zoning. Could you provide a log, send that to me. I'm in favor of this. 430 00:47:46,539 --> 00:47:47,940 >> spot zoning is often litigated. There is not a hard black and white definition of spot zoning. 431 00:47:52,144 --> 00:47:52,144 you know it when you see it. I will try to write something up 432 00:47:57,883 --> 00:47:59,552 -- >> there is not a law on it? >> there is not a law that says spot zoning is illegal and this 433 00:48:02,524 --> 00:48:02,524 is what spot zoning is. It says it is illegal but it is 434 00:48:06,692 --> 00:48:06,692 a case by case bus basis gets adjudicated. 435 00:48:14,300 --> 00:48:17,870 >> send me what you have already on it. >> I will work with the legal team. >> mayor: any other comment or question? 436 00:48:19,972 --> 00:48:19,972 now ready for item no. 9, ordinance 116. 437 00:48:24,978 --> 00:48:27,613 mr. Tyndall. >> okay. Planning commission case z27-2022, southern hire teenage 438 00:48:34,620 --> 00:48:34,620 llc, jonathan ross is the agent. 1.46 acres currently zoned 01 439 00:48:44,063 --> 00:48:44,063 requesting to go to r6. Northwest corner of e street and 440 00:48:48,535 --> 00:48:50,770 oak street, around the corner from where we were. City council ward no. 4. Wooded tract that is in the 441 00:48:53,239 --> 00:48:53,239 process of being cleared and the applicant statement is to create 442 00:48:57,343 --> 00:48:57,343 affordable housing lots in clarksville. 443 00:49:03,883 --> 00:49:07,787 op zoned there many years ago with the intent to be a child care center but that didn't come to fruition. 444 00:49:11,458 --> 00:49:11,458 the entrance to burns garden on your left, e street on the right 445 00:49:15,862 --> 00:49:15,862 and the property being cleaned. Looking back from the school 446 00:49:20,032 --> 00:49:20,032 parking lot. Then looking from e street 447 00:49:24,637 --> 00:49:27,373 toward the school, you can see the equipment in there operating. This is, I believe, oak street 448 00:49:29,876 --> 00:49:29,876 looking back toward e street, property on the right. 449 00:49:37,817 --> 00:49:40,453 department comments or concerns, sidewalk would be required along the frontage per the r6 requirements. 450 00:49:42,989 --> 00:49:42,989 so no other comments or concerns. 451 00:49:48,127 --> 00:49:50,730 historical estimates could put this at 13 units. Staff recommends approval. Zoning request is consistent 452 00:49:53,933 --> 00:49:53,933 with the land use plan. Proposed r6 district is not out 453 00:49:59,772 --> 00:50:01,875 of character. Adequate infrastructure will serve the site such as mass transit and retail. 454 00:50:06,345 --> 00:50:10,282 no adverse environmental issues were identified relative to this request and installation of sidewalks will be under the 455 00:50:12,718 --> 00:50:14,687 review and acceptance of the street department. The planning commission also recommended approval. 456 00:50:17,857 --> 00:50:17,857 >> mayor: any questions regarding ordinance 116. 457 00:50:23,095 --> 00:50:23,095 councilperson smith, you are recognized. 458 00:50:27,132 --> 00:50:29,268 >> councilperson: this pertains to when you say it is not out of character, when we don't see any r6 up there, r3 and r2, r4. 459 00:50:34,540 --> 00:50:34,540 no r6. So how do you suggest that. 460 00:50:40,048 --> 00:50:41,680 >> how we justify that? Sure. If you are driving or walking through a neighborhood like this 461 00:50:46,652 --> 00:50:49,824 or an area of town, you don't know what the zoning is underneath. You look at what is now. 462 00:50:51,323 --> 00:50:51,323 homes are older and smaller. Some of our first suburbs and 463 00:50:56,361 --> 00:50:58,931 first affordable starter homes were in these neighborhoods, they are on the smaller side which r6 is our smaller houses. 464 00:51:04,436 --> 00:51:07,640 though they are taller and closer together, still single family houses and there's plenty of single family houses in the 465 00:51:11,844 --> 00:51:13,012 area. Comparable in nature. No one is building homes like you have in new providence back 466 00:51:17,349 --> 00:51:19,952 in the 30s and 40s, some are still there. This is as comparable in today's standards as we can be. 467 00:51:24,257 --> 00:51:26,092 >> councilperson: I hear what you are saying, but I'm just saying that r6 is not in character with in area. 468 00:51:29,795 --> 00:51:29,795 I know you say small homes but looking at those homes, count 469 00:51:33,999 --> 00:51:33,999 say that based on what you see. You have to look at the 470 00:51:38,871 --> 00:51:38,871 dimensions of the homes. The size of the homes. 471 00:51:42,974 --> 00:51:42,974 r6 homes are very small and we know that. 472 00:51:48,114 --> 00:51:48,114 and if you are stacking homes there, I just don't think it 473 00:51:52,385 --> 00:51:52,385 fits the character of the neighborhood because during that 474 00:51:56,622 --> 00:51:56,622 time you can have a amenities bt with r6 you cannot. 475 00:52:02,295 --> 00:52:04,396 I don't see how it fits the character. Thank you. >> mayor: councilperson allen, 476 00:52:07,769 --> 00:52:09,801 you are recognized. >> councilperson: so I know last month we were talking about the r6 homes and some people 477 00:52:12,804 --> 00:52:12,804 actually brought in some really good example of what a r6 home 478 00:52:18,443 --> 00:52:21,080 could look like. I know this area over there pretty well. When r6 home, it is not 479 00:52:24,783 --> 00:52:27,386 necessarily that you are building 900 square foot home. Some of the homes that they showed us up here were 16, 17, 480 00:52:35,794 --> 00:52:35,794 1800 dread square feet. Big than homes in the '30s. 481 00:52:41,433 --> 00:52:41,433 it is built up versus build out? >> that's a fair assessment. 482 00:52:47,138 --> 00:52:47,138 I don't know any builder building 1100 square feet houses 483 00:52:52,745 --> 00:52:54,179 either. >> so in comparable size, they might be square foot wise bigger, it is a smaller lot. 484 00:53:01,319 --> 00:53:02,521 >> correct. >> thank you. >> mayor: any other comment or question regarding ordinance 485 00:53:06,758 --> 00:53:10,596 116. Councilperson smith. >> councilperson: we must remember, r6 you cannot have amenities. These homes that are there now, 486 00:53:12,264 --> 00:53:14,600 you can. So we need to keep that in mind. It is not only the size of the house. 487 00:53:16,535 --> 00:53:16,535 there are a lot of other things that go along with r6 that does 488 00:53:21,240 --> 00:53:23,242 not comply with what is already there. So we have to look at the whole picture, not just what the size 489 00:53:26,278 --> 00:53:26,278 of the house is. We have to look at what does r6 490 00:53:31,984 --> 00:53:31,984 entail. We know there are, for all 491 00:53:36,055 --> 00:53:36,055 communities, there is a proper bus route. 492 00:53:40,159 --> 00:53:44,129 I mean, bus routes everywhere. In all communities, just about. We have to be concerned about 493 00:53:50,203 --> 00:53:50,203 what r6 entails, not just the size of the house. 494 00:53:54,373 --> 00:53:57,343 more to it than that. Thank you. >> marry would like to respondmo respond to that. 495 00:54:04,917 --> 00:54:04,917 next month we will be putting [inaudible] houses back into r6. 496 00:54:13,858 --> 00:54:17,796 we will be putting a pool, back in. The code department didn't see an issue with that. 497 00:54:20,132 --> 00:54:22,767 we will be bringing some other ordinances but that's going to be in the package to put that back there on the use table. 498 00:54:27,806 --> 00:54:31,243 >> mayor: councilperson smith. >> councilperson: thank you, mayor. That's good that you have listened to hear what has been said because we do need to allow 499 00:54:34,512 --> 00:54:34,512 families to have amenities, with children, family home, you 500 00:54:41,587 --> 00:54:41,587 accommodate for the children as well, not just putting in a box. 501 00:54:46,325 --> 00:54:46,325 that's just my thoughts. Not disrespecting the thing. 502 00:54:53,264 --> 00:54:53,264 make sure that we accommodating people, we are really 503 00:54:58,570 --> 00:54:58,570 accommodating them and not just building for the money. 504 00:55:04,008 --> 00:55:07,279 gentrification is taking over. We want to do the right things for the people not just because the builder wants to make money. 505 00:55:10,849 --> 00:55:13,719 thank you. >> mayor: councilperson allen. >> councilperson: everybody under the old r6, they will be 506 00:55:15,687 --> 00:55:15,687 able to build pools and playhouses. 507 00:55:19,891 --> 00:55:19,891 >> it will replace the r6. If they applied for it, they can 508 00:55:24,363 --> 00:55:27,566 come back in and get that. >> mayor: any other questions regarding ordinance 116, seeing none of t. 509 00:55:33,542 --> 00:55:33,542 we are ready for item 10, ordinance 117. 510 00:55:40,111 --> 00:55:40,111 >> application of roy miller, mark holleman is the agent. 511 00:55:48,187 --> 00:55:51,189 currently zoned r1, requesting to go to r5. This is part of the recent annexation you just saw. 512 00:55:55,427 --> 00:55:57,997 annexation does not kick in until may 3rd. However, this parcel was in the city limits. 513 00:56:00,631 --> 00:56:00,631 that's why we can act on this piece of the parcel. 514 00:56:05,971 --> 00:56:05,971 r1 to r5, not an extension. Portion of the tract is ahsland 515 00:56:12,710 --> 00:56:12,710 city road, glennstone boulevard, city council ward 7. 516 00:56:18,449 --> 00:56:22,086 on this map, the bypass is just to the northwest, just outside this picture. It is a grass field with a 517 00:56:26,090 --> 00:56:26,090 couple of tree lines. Applicant statement is to build 518 00:56:30,628 --> 00:56:34,265 owner occupied townhomes in the proposed subdivision to offer a mixture of housing types in the development. 519 00:56:36,200 --> 00:56:39,504 what he means by the subdivision, remaining portion zoned r1 which went through the annexation will be brought into 520 00:56:44,742 --> 00:56:47,178 the subdivision. The front will be townhomes. The west traditional single family homes in the rear. 521 00:56:52,016 --> 00:56:52,016 here's the property, highway 12 approaching it. 522 00:56:56,654 --> 00:56:56,654 from the county going back to the city. 523 00:57:05,596 --> 00:57:05,596 neighboring property owner on the same side of the street. 524 00:57:12,169 --> 00:57:12,169 glennstone boulevard looking back up at the property. 525 00:57:17,075 --> 00:57:19,277 department comments and concerns, there's no sewer available so it would require a sewer extension. 526 00:57:23,147 --> 00:57:23,147 traffic assess assessment was . They did consider the 527 00:57:28,953 --> 00:57:32,890 development of the 110 acres, the study was acceptable with minimal impacts. Improvements to ahsland city 528 00:57:37,462 --> 00:57:41,099 road will be required when they bring in the subdivision for the whole property. No other comments or concerns. 529 00:57:42,867 --> 00:57:46,604 the police department did ask how many exits and entrances. It looks like r5 but part of the larger subdivision. 530 00:57:50,008 --> 00:57:50,008 there will be a main public road, we will say flew the throf 531 00:57:56,047 --> 00:57:56,047 this with the townhouses bra branching off and the housing in 532 00:58:03,755 --> 00:58:05,857 the back. Historical estimates for just the r5 request would be 74 units. 533 00:58:08,659 --> 00:58:12,163 however, that doesn't take into account the loss of land for a right-of-way and easements around there. 534 00:58:13,932 --> 00:58:16,468 so potentially a little less than that. Staff recommends approval. The proposed zoning request is 535 00:58:19,470 --> 00:58:20,938 consistent with the land use plan. The proposed r5 is not out of character with the surrounding 536 00:58:24,208 --> 00:58:27,545 uses and properties. The adopted land use plan states it is encouraged to make a mixture of desired housing 537 00:58:32,016 --> 00:58:35,552 types. Adequate infrastructure will serve the site. Planning commission recommends 538 00:58:39,290 --> 00:58:42,893 approval. >> mayor: any comment or question regarding ordinance 117? Seeing none, hearing none, mr. Tyndall. 539 00:58:44,895 --> 00:58:47,465 >> I believe we are done. >> mayor: okay, thank you very much. We have been over the consent 540 00:58:49,400 --> 00:58:51,735 agenda. We have been through the finance committee. Now ready for the gas and water 541 00:58:54,905 --> 00:58:54,905 committee. Chairperson redd, you are 542 00:59:00,711 --> 00:59:03,214 recognized. >> we will have a full report next week. >> thank you. 543 00:59:15,026 --> 00:59:15,026 >> neighborhood and community, chairperson streetman. 544 00:59:21,532 --> 00:59:21,532 >> we will have a full report next thursday. 545 00:59:25,803 --> 00:59:25,803 >> and parks and recreation, chairperson holleman. 546 00:59:31,142 --> 00:59:34,178 >> I will have a full report next week. >> and department report, public safety committee. 547 00:59:42,253 --> 00:59:45,323 transportation, streets, and garage. >> yes, mayor, we will have a full report next week. 548 00:59:51,329 --> 00:59:51,329 >> mayor: new business, ordinance ordinance 118, 549 01:00:12,583 --> 01:00:16,220 ordinance 118-2021-22, first reading an ordinance accepting the donation of certain real property from billy mace d/b/a bill's construction company, to the city of clarksville for the purpose of a sewer pump station. >> the simple words of city 550 01:00:19,756 --> 01:00:22,226 property, transferred that ownership with the recording of that plat. We found out years later, that 551 01:00:24,461 --> 01:00:28,132 is not the case. So I can say this subdivision, this sewer station is 15 years old. 552 01:00:30,600 --> 01:00:34,271 so we have been maintaining it and basically using it property for 15 years and the owner has been paying taxes on this, 553 01:00:38,275 --> 01:00:40,411 whatever that has been. This is just a cleanup to transfer that ownership. The owner is not being taxed on 554 01:00:43,580 --> 01:00:45,949 that the way it should have been done 15 years ago. >> any comment or question regarding ordinance 118? 555 01:00:49,419 --> 01:00:53,157 thank you, mr. Rigins. We are now ready for mayor and council member comments. Members of council, you see the 556 01:00:56,026 --> 01:00:56,026 report on debt obligation, $42.5 million. 557 01:01:01,565 --> 01:01:04,001 no action is required. Let me give you the highlights. We closed on those bonds and april 20th, received $50 million 558 01:01:09,106 --> 01:01:13,043 bonds issued, face of the bonds 42.5 million. Premium of 7.7 premium. Our bonds will pay the investor 559 01:01:19,416 --> 01:01:19,416 5% tax exempt and closing cost is a tremendous bargain for us, 560 01:01:29,459 --> 01:01:33,264 $231,752. That's in your ipad packet. Any other council member have a question or comment. 561 01:01:35,835 --> 01:01:39,169 councilperson smith? >> councilperson: thank you. I just wanted to make a comment that I got a concern from one of 562 01:01:43,506 --> 01:01:43,506 my c constituents on golf course lane and she was concerned about 563 01:01:49,747 --> 01:01:49,747 the building of the new construction, worrying about the 564 01:01:53,884 --> 01:01:57,354 elders and children, afraid they might be hit with all of the construction going on. So I told her -- she wanted me 565 01:02:00,557 --> 01:02:00,557 to make it known and I told her to make sure that the people are 566 01:02:06,196 --> 01:02:09,933 cautioned, pay attention to signs and cross at the crossroads at the traffic lights and to be careful out there with 567 01:02:13,103 --> 01:02:16,372 all the new construction going on with the new apartments and building going on around the city. 568 01:02:18,575 --> 01:02:18,575 I assured her there is a safely way to cross the street, use the 569 01:02:23,380 --> 01:02:27,083 lights and use the signals and be careful and be cautious. Thank you. >> mayor: thank you, 570 01:02:28,352 --> 01:02:30,556 councilperson streetman, you are recognized. >> councilperson: thank you, mayor, I would like to thank 571 01:02:32,858 --> 01:02:32,858 mr. Brian taylor with cde for the power breakfast he hosted 572 01:02:37,794 --> 01:02:40,330 yesterday. I found it very informative to learn more about our electricity department and I thank you and 573 01:02:44,034 --> 01:02:44,034 the employees that put an effort to host that event. 574 01:02:48,071 --> 01:02:51,009 I also very much enjoyed the tour of the building, thank you to your crew. >> mayor: councilperson smith, 575 01:02:53,210 --> 01:02:56,546 you are recognized. >> councilperson: I forgot, mayor, the st street department, the kudos to them, for making 576 01:03:10,060 --> 01:03:12,262 things better to live in this city. To all the staff and supervisors that are there, we thank you. 577 01:03:16,867 --> 01:03:18,068 >> mayor: well said. Anyone else. We are now ready for the public comment period of our city 578 01:03:21,338 --> 01:03:24,041 executive session of the city council, is there any member of the public that wishes to address the council at this 579 01:03:26,976 --> 01:03:30,913 time? Seeing none. Ladies and gentlemen, we are adjourned. I'm sorry. You would approach, give us your 580 01:03:35,919 --> 01:03:39,689 name and address. You will have five minutes, sir. >> thank you. It won't take that long. My name is chris bolen, 411 rustin lane. 581 01:03:44,894 --> 01:03:47,864 I came down here to see ya'll because I'm really concerned about what's happening on our street. 582 01:03:53,135 --> 01:03:53,135 when a new subdivision was proposed almost two christmases 583 01:03:59,442 --> 01:03:59,442 ago, I guess, longview with 370 homes going to be built in it, I 584 01:04:06,382 --> 01:04:08,651 went to the planning commission and talked to those folks. I said, they can build houses, the street department says the 585 01:04:17,493 --> 01:04:21,197 road okay. So we have 375 more going on. Talking about memorial drive extension. 586 01:04:25,267 --> 01:04:29,105 I called you mayor, left a message, never heard back. I called miss streetman, a text and message on your cell phone. 587 01:04:34,477 --> 01:04:37,947 never heard back from anyone. Now we hear that another person who has property over there is considering selling it for 588 01:04:40,850 --> 01:04:40,850 development and then we know that another person right by 589 01:04:45,822 --> 01:04:49,292 ridge haven is. So I don't know if any of you have gone down memorial drive extension between 4:30 and 5. 590 01:04:54,197 --> 01:04:57,667 30 in the afternoon, trying to get on the connector, but it is very difficult some days and it is fixing to get 375 more cars 591 01:05:02,772 --> 01:05:05,575 worse than that. I don't see that we have a plan. I don't see plans. It is a very dangerous way with 592 01:05:09,212 --> 01:05:11,281 no shoulder. I was going to complain about the trash and miss smith, you made a point that they are 593 01:05:15,618 --> 01:05:18,955 picking up things. I appreciate that as a citizen. But you can't pick up much out there, you might get hit. 594 01:05:22,992 --> 01:05:26,796 so I think we are fixing to make a huge, huge mistake. It is almost like nobody can say no. 595 01:05:29,332 --> 01:05:32,735 nobody can say no. If they own the land, they want to develop subdivision, ya'll want to let them. 596 01:05:35,838 --> 01:05:38,074 we can't get in and out of there now. So I just would appreciate ya'll thinking of us, too, that live 597 01:05:43,446 --> 01:05:43,446 there and pay tax and want to have a nice home there to maybe 598 01:05:49,385 --> 01:05:52,454 slow down some of this stuff. At least if they want to do it, let's do the infrastructure right then. 599 01:05:54,890 --> 01:05:57,559 let's do it there instead of putting all the stuff in and then it is like trenton road, nowhere to go. 600 01:06:01,730 --> 01:06:01,730 nothing to fix, no way to do anything. 601 01:06:06,001 --> 01:06:06,001 I think we are better than that. I wanted to bring that to your 602 01:06:10,039 --> 01:06:13,509 attention and I appreciate you considering that when these next things come up and they will. >> mayor: thank you, sir, if you 603 01:06:18,850 --> 01:06:22,218 will hang on a minute, I will talk to you. We do have a plan and I will share it with you. 604 01:06:25,187 --> 01:06:25,187 any member of the public? Seeing none. 605 01:06:29,891 --> 01:06:29,891 we