City Council - Regular Meeting

Oh yeah. I think I did. That's right. Well, I had

I got six o'clock. You guys are ready. You ready to come to work? Brother Bradley, would you lead us out for a prayer? Let's pray. Heavenly Father, thank you again for the day you've given us. Heavenly Father, we're blessed by everything that you give us. Uh thank you for our city, for everyone that works in our city. God, just guide us tonight as we deal with city business. Uh we love you and praise you in Jesus name. Amen. Amen. I aliance to the flag of the United States of America. and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Would you call the roll, please? Baker

here. Bradley here. King here. Ring here. Thompson here. Thompson here. Do we have a motion for approval of the agenda? So move. Second. Second. Miss Lisa. Baker, yes. Bradley, yes. King, yes. Rice, yes. Mr. Thompson, yes. Robert Thompson, yes. Is there motion for approval of the minutes? So move. Second. Second. Miss Lisa. Bradley. Yes. King, yes. Ry Singer, yes. Russell Thompson, yes. Robert Thompson,

yes. maker. Yes. Thank you. There's no unfinished business. Under new business, we got 6A. Ordinance to reszone 2116 West Main from C2 to C3. Cody, you want to come up? Believe we have the property on there also. So, just in case yall have any questions. This is to reszone the uh old grooming room out on the West Main uh to a laundromat. So, if y'all have any questions, Crystal's here or John's here also. I got a littlehead. Let me back up a little bit. Miss Lisa, could you read that ordinance, please?

An ordinance adjusting and amending the zoning map for the city of Clarksville, Arkansas, reszoning property at 2116 West Main Street. Whereas the city of Clarksville has here to adopted the zoning ordinance and official zoning map to guide and influence the allocation and arrangement of land uses the development of land and the future building within the corporate limits of the city of Clarksville. And whereas a petition was filed in accordance with the provisions of said ordinance to reszone certain lands within the corporate limits of the city of Clarksville. And whereas a public hearing was held on set petition on April 23rd, 2026, the planning commission approved the boundary change on April 23rd, 2026 and recommended that the city council adopt the change and said change was reviewed in its entirety and found to be wholly acceptable. Now therefore, be it ordained by the city council of the city of Clarkville, Arkansas, that the following described land is hereby resoneed from zoning classification C1 to C2. C2 or C3

description commencing at the southeast corner of said southwest quarter southeast quarter events along the east line thereof coordinates feet to point then coordinates feet tobound iron pipe on the north rightway line of highway 64 it's along said way rideway line coordinates feet tobound iron pipe for the true point of beginning it's continuing along said rideway line coordinates feet to bound iron And then leaving said right away line coordinates feet to point on the south boundary line of ST place phase one found iron pipe bears coordinate speed from this point set along south line coordinates feet to found iron pin and south coordinates feet to found iron pipe fence leaving said south line coordinate speed to the point of beginning containing 2.12 acres more or less subject to any easements arrived of way over record all of said property being located at 2116 West Main Street in parts of Arkansas. Section two, all ordinances or parts of ordinances in conflict here within are held by

Yeah. Cody, if y'all want to if y'all want to come up, if y'all have any questions for these guys, uh they're here to answer. My name is Jonathan McCauley. I have questions. None. Is there a motion? Is there is there a sidewalk there in front? I don't think so, sir. 64. Is there a motion to suspend rules and place it on the second reading? Second. Second that. Miss Lisa. King. Yes. Rosinger. Yes. Thompson. Yes. Robert Thompson? Yes. Baker? Yes. Bradley?

Yes. Could you read my title, please? An ordinance adjusting and amending the zoning map for the city of Clarksville, Arkansas reszoning property at 2116 West Main Street. Is there a motion to suspend the rules and place it on its third reading? So move. Second. Second, Miss Lisa.

Baker. Ry Singer. Yes. Thompson. Yes. Robert Thompson. Yes. Baker. Yes. Bradley. Yes. King. Yes. You read by title, please. An ordinance adjusting and amending the zoning map for the city of Clarksville, Arkansas, reszoning property at 2116 West Main Street. Is there a motion to adopt the ordinance? So move. Second. Second, Miss Lisa. Crystal Thompson, yes. Robert Thompson, yes. Baker, yes. Bradley, yes. King, yes. Ringer, yes. Okay. Is there a motion to find that emergency exist or is it not one on there?

Not one on there. Okay. All right. Thank you, council. 6B is going to be ordinance Nicholls Plat. Miss Lisa, could you read that ordinance, please? An ordinance approving the final plat of Nicholls Place and accepting the dedication of the streets therein to the city of Clarksville, Arkansas, and for other purposes. Whereas the final plat of Nichols Place to the city of Clarksville, Arkansas was prepared by Alan Miller POS dated the 12th day of March, 2026. And whereas the final plat was approved by the city of Clarkville planning commission on the 23rd day of April 2026. And whereas the city engineer has reviewed the plat and supporting documents. And whereas acceptance of the dedication of streets, rightway, and easement shown on the plat is required by Arkansas code annotated 14-301-102 before such dedications become effective as public streets or under the care or control of the city council. Now therefore be it ordained by the city council of the city of parts Arkansas section one the final plat of Nicholls plates to the city of Clarksville Arkansas is shown by the plat made by Alan Miller PLS on the 12th day of March 2026 and approved by the city of Clarksville planning commission on the 23rd day of April 2026 a copy of which plat is attached here to incorporated hearing by reference is hereby approved. Section two, the streets, rightway, utility and drainage easements and all other public dedication shown on said pl are hereby accepted and confirmed as dedicated to the public use and accepted by the city of Clarksville, Arkansas pursuant to Arkansas code annotated 14-301-102. Section three, approval of this and acceptance of a dedication and improvements are conditional upon a submission by the developer of a performance bond or revocable letter of credit and l thereof in an amount equal to the cost of constructing the remaining portion of utilities improvements not yet in place and approved by the city engineer of the city of Clarksville is the date of this ordinance. Said bond or letter or credit must be in form an amount approved by the city engineer of the city of

Clarksville. Section four. After receipt of the required bond or irreable letter of credit, the city clerk and city attorney of the city of clerks of Arkansas are hereby directed to complete all necessary steps to file and record said plat and office of the circuit clerk and recorder of Johnson County, Arkansas. Section five, emergency clause, food the immediate need to facilitate growth and development within the city limits of the city of Clarks, Arkansas, which will aid in the city's financial and economic stability and promote the health, safety, and welfare of its residents and emergency is hereby declaring this ordinance shall be effective immediately upon its passage and approval. Cody.

So, this ordinance and the next one, um Nicholls and then Mr. Taylor's here also. Uh these are some unique pieces of property. The way they're designed and cut up. Um one lady is turning in the shop into a residential place, buying I can't remember how many acres it was total. Um but it's just unique. That's why there's just, you know, some special stipulations on there. The way we could do it and leave it as an easement instead of being a pop stem lot. Are we taking in that road? No.

No. Okay. Is there a motion to spend the rules and place on it? Second reading. Second. Second, M. Please sir. Robert Thompson. Yes. Baker. Yes. Bradley. Yes. Yes. Risinger. Yes. Thompson. Yes. Could you read my title, please?

An ordinance approving the final plat of Nicholls Place and the dedication of the streets therein to the city of partial Arkansas and for other purposes. We have a motion to suspend the rules and place it on its third reading. So move. Second. Second. Miss Lisa. Baker, yes. Bradley, yes. King, yes. Risinger, yes. Thompson, yes. Robert Thompson, yes. Could you read my title, please? An ordinance approving the final plat of Nicholls Place and accepting the dedication of the streets therein to the city of Park, Arkansas, and for other purposes. Is there a motion to adopt the ordinance? So move. Second. Second. Bradley. Yes. King.

Yes. Ringer. Yes. Crystal Thompson. Yes. Robert Thompson. Yes. Baker. Yes. A motion to find that an emergency exists. So move. Second. Second. Miss Lisa.

King. Yes. Risinger. No. Crystal Thompson. Yes. Robert Thompson? Yes. Baker? Yes. Bradley? Yes. Thank you, council. We go to 6c ordinance for Taylor Place. Miss Lisa, when you're ready, could you read that?

An ordinance approving the final plat of Taylor Place and accepting the dedication of the streets therein to the city of Clarksville, Arkansas, and for other purposes. Whereas the final plat Taylor placed to the city of Clarksville, Arkansas was prepared by Alan Miller PL dated the 12th day of March 2026. And whereas the final plat was approved by the city of Clarksville planning commission on the 23rd day of April 2026. And whereas a city engineer has reviewed the plat and supporting documents and where's acceptance of the dedication of streets of way and easement shown on the plat is required by Arkansas code annotated 14-301-102 before such dedications become effective as public streets are under the care control of the city of Clarksville of the city council. How therefore be it ordained by the city council of the city of Clarksville, Arkansas. Section one, the final plat Taylor tailor placed to the city of Clarkville, Arkansas is shown by the plat made by Alan Miller PLS on the 12th day of March 2026 and approved by the city of Clark Planning Commission on the 23rd day of April 2026. A copy of which plat is attached here to incorporated herein by reference is hereby approved. Section two, the streets, rights of way, utility and drainage easements and all other public dedication shown on said PL are hereby accepted and confirmed as dedicated to the public use and accepted by the city of partial Arkansas pursuant to Arkansas code and notated 14-301-102. Section three, approval of this plan and acceptance of the dedications and improvements are conditional upon the submission by the developer of a performance bond or re revocable letter of credit in L thereof and an amount equal to the cost of constructing the remaining portion utilities improvements not yet in place approved by the city engineer of the city of Clarksville as the date of this ordinance. Said bond or letter of credit must be in a form and amount approved by the city engineer of the city of Clarksville. Section four. After receipt of the required bond or irrevocable letter of credit, the city clerk and city attorney of the city of Clark, Arkansas are hereby dedic

directed to complete all necessary steps to file and accord plan in the office of circuit clerk inner quarter of Johnson County, Arkansas due to the immediate need to facilitate growth and development within the city limits of the city of partial Arkansas which will aid in the city's financial and economic stability and promote the health, safety, and welfare of its residents. The emergency is hereby declared in this ordinance shall be effective immediately immediately upon its passage in football. Cody, I know you mentioned it, but do you want to Yeah. Just in case council have any questions, but

this is on Taylor Road. Mr. Taylor's here also. Um the property way the unique partial of it is um they're going to sell the National Steel Building and then keep the other portion which it runs an easement across Daryl Weather's property which the easement does go with the new land purchaser. So uh it stays in effect for a lifetime. Do we have a motion to suspend rules and place on the second reading? Second second Lisa. Ringer. Yes. Crystal Thompson. Yes. Robert Thompson. Yes. Baker. Yes. Bradley. Yes. King.

Yes. Could you read by title, please? An ordinance approving the final plat of Taylor Place and accepting the dedication of the streets varant to the city of Clarks for Arkansas and for other purposes. Is there a motion to suspend the rules and place it on its third reading? So move. Second. Second. Miss Lisa. Thompson. Yes. Robert Thompson. Yes. Baker. Yes. Bradley. Yes. King. Yes. Riceer. Yes. When you're ready, could you read by title, please? an ordinance approving the final plat of Taylor Place and accepting the dedication of the streets in the city of Parksville, Arkansas and for other purposes. Okay. Is there a motion to adopt the ordinance? So move. Second.

A second. Miss Lisa. Robert Thompson. Yes. Baker. Yes. Bradley. Yes. King. Yes. Ringer. Yes. Chris Thompson. Yes. Is there a motion to find an emergency exist? So move. Second. Second. Miss Lisa. Baker. Yes. Bradley? Yes. King? Yes. R Singer? No. Mr. Thompson? Yes. Robert Thompson? Yes. Thank you. Council. Uh Lisa, do you want me to have Jason read this? He wants to. Jason, do you want to read this? I'd be happy.

Hang on. Let me get Let me get these data center folks up here. You can or I can read it up to you. Whichever. If I start to slow down, just jump in. If you go off into a rabbit hole, I'm going to stop. Well, maybe I need to explain at sequel.

Mr. Carter, if you could read that for us, please. Sure. And uh uh for everyone uh my name is Jason Carter. I'm having to put my glasses on here, but uh I'm the uh attorney for Clarksville Connected Utilities. Uh proud to help in this manner. And uh we have an ordinance uh for you tonight uh that we were able to work on uh some more last week. I think that was very productive. Also like to uh introduce John Wilkerson's with me. He's general counsel for the Arkansas Municipal League. Some of you probably been through training with him before, but uh glad to have John with us, too. And uh I'll try to proceed through this uh ordinance expeditiously, but I may stop and have a comment here or there. Uh so this is uh an ordinance amending the Clarksville zoning ordinance to create an industrial technology zoning district to regulate excavation and drilling within the city of Clarksville, Arkansas to create a definition of data centers that is consistent with state law declaring an emergency and for other purposes. Whereas is authorized by Arkansas code annotated 1456201 at SEC. The city of Clarksville, Arkansas, known as the city, regulates the construction of buildings and structures and prohibits the construction of buildings and structures deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare. And whereas the city regulates the use of property through it zoning ordinance, which is ordinance number 17-793 that has been amended from time to time uh adopted pursuant to Arkansas code annotated 1456 401 at SE. And whereas the city expects the development of one or more large data centers in the near future and recognizes that other cities and counties across the nation, particularly in Virginia and Arizona, had designed zones and areas specifically for data centers and activity related to data centers. Whereas pursuant to Arkansas code antaid 1456423, the zoning ordinance may be amended by a majority vote of the city council. And just to pause for a second, sometimes you'll know that you'll have reasonzonings of property just as we

have those those things come through planning commission all the time because there's a notice procedure that has to go through. This is just a global amendment to the code and it's proper and appropriate for the city to take action directly. Whereas the city council finds it necessary and appropriate to establish proper zoning and land use controls to facilitate the predictable development of data centers within the municipal boundary of the city and to protect the public peace, health, and safety. Now therefore, be it ordained by the city council of the city of Clarksville, Arkansas, that section one, the zoning ordinance of the city of Clarksville, Arkansas, is hereby amended to add the following underlined language to section 3.3.1. In section 3.3.1, the general description is regarding industrial districts. The industrial districts are intended to provide areas where manufacturing and the words data center operations have been inserted and industrial activities can take place. They provide space for manufacturing again inserting data center operations, wholesaling, warehousing, processing, storage, assembling, packaging and similar types of industrial uses and activities. These are the industrial districts. There are three two currently one proposed. First is the light industrial district. This industrial use district represents the industrial park areas and also areas suitable for the location of industries which place a heavy emphasis on aesthetics and public relations is evidenced by the nature of their operations which is not detrimental to nearby residential and quiet businesses districts and by their allocation of an ample amount of the site for landscaping, paved off streetet parking and setbacks from surrounding property lines. The definition of I1 is not being amended. There's also section I2, general industrial districts. This industrial district is intended for general and customary industrial uses and activities as listed above in association with the I1 district, but including also the bulk storage of

liquids and solids outside buildings and in the open spaces and the storage and assembly of goods and materials in the open areas outside enclosed buildings. I2 is not being amended. Section uh number three uh is being added in its entirety. This would be IT, the industrial technology district. This industrial district is intended for the operation of data centers and activities that directly support data centers. Uses permitted in the I1 and I2 district are only permitted in the IT district when compatible with the operation of data centers. Section two, the zoning ordinance of the city of Clarksville, Arkansas is hereby amended to add the following underlying languages subsection three to section 3.3.2. This is all new language that defines the IT district IT industrial technology district property, buildings and structures in the IT technology district shall be used only for the following purposes. A is the construction operation, renovation, removal and replacement of data centers. B is the construction operation, renovation, removal and replacement of facilities that directly support data center operations, including without limitation. Facilities that generate, store, and distribute electricity. Facilitate facilities that receive, store, and distribute water, broadband, and telecommunication facilities, natural gas, transmission, storage, delivery, and power generation. and facilities that by their nature are integral to the operation of data centers. Subsection C. The construction, operation, renovation, removal, and replacement of building structures and uses that are not data centers and do not directly support data centers may only be approved by special use permit. When the applicant demonstrates that the building structure or use will have no material adverse effect on data centers

and the applicant has adequate insurance and/or financial security to protect against potential material adverse effects on data centers in addition to all other special use permit requirements as found in article 4. That would be article four of the zoning ordinance, not of uh this ordinance. Building structures and uses that have material adverse effects on data centers are prohibited in the IT district. Section three, the zoning ordinance of the city of Clarksville, Arkansas is hereby amended to add a column labeled it to the chart found in section 3.3 as follows. So it's uh you can't really read a chart, but if you'll look at the third column that which has been added, column I1, I2 are as previously written. column uh the column relating to it provides uh information for maximum building coverage at 90 90% is the maximum building coverage that could be increased to 95% by the planning commission uh with buffer and beautifification compliance. Uh otherwise the uh minimum front yard, rear yard, sideyard and yard abudding railroad line setbacks match those as found in in section I2. Section four. The zoning ordinance of the city of Clarksville, Arkansas is hereby amended to add the following underlying language and remove the following striketh through language in section 5.9. Section 5.9 is mining, excavation, well drilling and material storage. The words well drilling have been added. Uh in the parenthetical narrative uh mining, excavation, well drilling, added language and material storage means the extraction, removal or storage of clay, gravel or sand, quarrying of rock or stone, earth moving and excavation.

Additional words that have been added extraction of sub subsurface oil, gas and other hydrocarbons. Uh and then continuing with the original language of depositing of construction material, clay, earth, gravel, minerals, rocks, sand or stone on the ground. back to the substantive language of uh of the ordinance away from the definition to the substitive language. Mining excavation excavation well drilling well drilling being added language and the storage of mined or excavated materials shall be expressly prohibited except new language when authorized by city permit that shall only be issued for locations back to the original language where expressly permitted in a district. new language except that the following activities shall be allowed in any zone. One, the grading of land for permitted use if no bank more than 10 ft high is left standing and exposed. Second is grading in an in a subdivision approved by the city. Third, uh, a well or those language, those words have been added. A well or an extractive or mining operation existing and operating when this code was passed. Uh, section four is the temporary removal of soils as part of the routine process of constructing roads, utilities, public infrastructure, authorized buildings or authorized structures. Number five is a well water well that complies with the construction installation of standards of the Arkansas Natural Resources Commission when the water utility certifies that uh adequate water supply is unavailable from a public utility. And number six is uh mining, excavation, well drilling and material storage within a cross over and beneath property owned by the city including without limitation property

owned in fee, easement and rights of way when expressly authorized uh by resolution of the city's governing body. That is drafted to be a limiting uh uh condition such that if someone were to horizontally drill wells underneath city property, it would be reserved to the city council to approve that. So crossing underneath your rights of way, underneath your parks, underneath your property, right? That's the purpose of that uh section. Section five, the zoning ordinance of the city of Clarksville, Arkansas, is hereby amended to add a new section 5.22 as follows. All of this language is new. Section 5.22, drilling and excavating and excavation near critical facilities. When used in this section, the following definition shall apply. Critical facility means any existing or planned hospital, school, police station, fire station, communication facility, data center, electric substation, electric generator, military facilities, military support facilities, public water facility, wastewater treatment facility, or place where flammable material is used or stored together with any facilities providing electricity, water, fiber optic connectivity, telecommunications, or other utility services to any of the following of the foregoing critical facilities. Excavation means to remove soils to a depth that is equal to or greater than 20 ft below the surface. Horizontal well means any drilled shaft or bore that is generally parallel to the surface and connected to a vertical well. Rightway means any public street alley easement or dedicated public corridor. Underground utility means any buried water, sewer, gas, electric, telecommunications or other utility infrastructure. Vertical well means any drilled shaft or bore that extends more than 20 ft downward from the surface. Num those are the defined terms. Uh section subsection number two is the permit requirement. No person shall

cause an excavation horizontal well or vertical well to be made within the city of Clarksville without first obtaining a permit from the bu city building official. A permit is required. The permit application shall include a site plan, full specifications including depth and dimensions, material used and equipment used, map of nearby structures and property boundaries, and a statement of compliance with all applicable state and local regulations. The permit application for a horizontal well shall also include the depth, trajectory, and distance of all horizontal wells extending into the boundary of the city. setbacks except as provided in subsection 4, no excavation or vertical well shall be made within the following distance. 500 ft from the property boundary of any parcel containing a critical facility or 50 ft from any occupied structure, rightway or underground utility. Number four, there's a setback variance that may be allowed. The planning commission may grant a variance from setback requirements for for activities allowed in any zone under section 5.91 through5 which we discussed earlier. horizontal wells. Mineral oil owners and mineral lees retain the right to access and recover their minerals through operations conducted at depths greater than 1,000 ft below the surface, provided such operations do not disrupt any critical facility occupied structure, encroach on any setbacks described in subsection 3 or pass beneath a rightway or property owned by the city without authority from the city. Interpretation. Subsection six interpretation. These rules shall not be construed to prohibit material mineral owners or mineral lees from drilling for extracting or otherwise recovering their minerals including but not limited to oil, natural gas and other subsurface mineral resources. Rather, they are intended to regulate such activities in a manner that will mitigate harm to the city and its residents. Section six, the zoning ordinance of the city of Clarksville, Arkansas is hereby amended to add the following underlying

definition into section 13.3. This is an entirely new definition. Data center. A facility that meets the definition of a qualified data center or qualified large data center under Arkansas code annotated 2652456. Section seven is repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section eight is severability. If any section, clause, provision, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance. Section nine is the emergency clause. It is hereby found determined that the proper location and zoning of large data centers within the city is important to the harmonious and predictable development of the city. that large data centers are contemplating locating within the city in the immediate future. And the zoning of these data centers should be immediately approved to afford predictability both for the city and data center developers and to protect the public health, safety, and welfare of the citizens of Clarksville, Arkansas. Therefore, an emergency is declared to exist and this ordinance shall be in full force in effect from and after its passage and approval.

Thank you, Jason. We'll open up the council's questions. I have one, mayor. Um the other night in a work meeting something was said about section five U 1A of critical facility. We had kind of discussed the term school. We did. Um, did we determine that that that language is adequate or because I there was some something about learning center or because there's a lot of things that fall under school from someone having a homeschooled child or facility that I just want to make sure that we did clarify that that was

we we did not further define that term within this ordinance. Uh there are questions around it as to how broad that could go. Would a home school with five kids qualify? Exactly. Does how large does the facility have to be? And we didn't feel like we were adequately prepared to draw that line in the right spot right now. I do encourage the council to contemplate upon that and and to create that definition and to draw that line appropriate as appropriately as would be the will of city council. Well, that like I said, that's what what kind of what we discussed and that's what I wanted to make sure that yeah, it had been at least kicked around to make sure that we we would be legal.

I Yeah. So, I don't think that it's a uh it's a legal impediment. It's an uh the concern that we would have is uh have we interacted with the appropriate citizens to say should it be included, should it not be included, how should it be included, what limitation should be put in place. So then our options at this point are either redact take them out until we get it solved or leave them in until we get it solved. So those are kind of that's the dichotomy I guess of the approach. Is there a state definition of a school? I

there's going to be one under the Department of Education school, but we'd have to look and see what that that what that looks like. Well, I would say until on a day-to-day execution of this thing until you have that identified clearly, you need to make them come to a permit through, right, and have them justified. Otherwise, you know, they they'll just if you leave them out, you know, they're excluded and there's no there's no way to check and balance it on the day side of it. So, I think you leave it in there, we can modify later, right? That's a great question. Good question. Good question. Will this interfere with any of our other industrial large industrial customers?

We don't believe that it would. Uh and and let me let me take a step back from that. We know that it wouldn't because uh zoning ordinance all have grandfathering non-conforming provisions. So if you have a uh if someone has a nonconforming use, it's a use that's already in activity. When an ordinance is adopted, they are able to continue that use. No one is going to say, "Hey, you're running that business today and and now you can't because we've resoneed the property." That's where the term grandfather comes from. It does. It does. So the uh uh Cody would make me say non-conforming use, but I'm an old school guy, so I'd say grandfathered, right? So that that use would be grandfathered in

council. I get I've got we've got a couple of people or at least one person signed up to speak on the data center. Can I do you mind if I introduce John? Yeah. Yeah, absolutely. Yeah. So uh he he did take he's a busy man. he took time out of his life to come up here and visit with you. But I had asked John, I know he's he runs the legal defense fund. Of course, he's got people that he works for down there and the administration of that. No, but uh just to be able to communicate with with him about the ordinance and get his comments. No, we really appreciate you being here, John. It's it's amazing that you're here. If I may say, absolutely.

So, I've looked this over, talked it over, Jason. Um and the municipal defense program, by the way, you're you're a member of it. So if there's a lawsuit for police activity, employment, land use issues, the loot defense program would would handle it. I have looked this over and obviously I cannot foretell the future, but we feel comfortable that if if something if there is a challenge to this in any way, we feel comfortable that we we would we would accept the case. Again, not knowing the actual future and the facts, the case, but I've talked about this with Jason quite a bit and I would say that we feel comfortable again, not knowing the future, but we feel comfortable with this. Thank you, John.

If you could predict the future, that would that would make the municipal league really amazing in my eyes. So, we appreciate you being here. So, let's do this. Um, is it Am is it Amanda Bowen Bean? Are they in the room? Do you want to speak? All right. If you will come to the podium and I'm going to set a timer up here on the screen for you, I think so. Hang on a second. Well, our rules give you like three minutes, but the council can uh I'll forge you more if they so choose. But let me let me get something if you will. and and just just know that you signed up for data center. What we're talking about tonight is this reasonzoning. If if it's about data center other things, then we're going to stop you and we're going to stay on on the city's business. It's this reasonzoning that's the point of emphasis tonight and we're going to speak on that. Okay? And then there'll be another meeting where we're actually talking about data center stuff, but for tonight it's about to reszone and I'll start the clock whenever you start. I don't have anything to say about reszoning. So, mine's just about the noise and the pollution. So, and the health risk to the people around there.

So, can I continue or or the council council? Do y'all y'all want to stream? I don't. Yes, ma'am. Go ahead. Go right ahead.

Okay. So, my name is Amanda Bean. Thank you for letting me speak. Um, I've been doing some research on the data center and the noise regulations for Clarksville and from what I found, uh, I think we should ask three things of server farm. Um, one thing would be an independent noise study during the day and night, especially for the hospital and nearest homes. Number two would be a full list of backup generators and their fuel sources for air quality. Number three would be confirmation that the noise the noise levels do not exceed Clarksville noise regulations. My research shows that the 247 hum produced by the data center will affect newborns, the elderly, and the employees in close proximity to it. For newborns, it takes about 45 dB to raise their heart rate, um affect their breath rate, drop oxygen levels, and disrupt their sleep. Our elderly, um often have trouble filtering out background noise, especially if they have hearing loss or dementia. And the low frequency hum causes sleep issues, high stress, blood pressure spikes, anxiety, worsened heart conditions, amongst other things. and the employees in close proximity um to such a place is at high risk as well. Um if the home were 65 to 80 dB or more, it can lead to chronic stress, fatigue, headaches, sleep issues, trouble focusing, and over time hearing damage and heart strain. The low frequency hum is something our brains cannot really tune out like normal noise. The exact numbers are unclear as is the first of its kind from

what I've seen. There's not really a solid bit of information because it will be like none of the others. So, the information is really up in the air because of that. And the only other comparison is to other sites that are kind of like it from what I found. So, according to Clarksville noise regulation, it is unlawful to create any unreasonably loud or harmful noise that interferes with peace, health, or safety of persons or even animals. These regulations are designed to protect the peace and welfare of the community. And key aspects of the noise regulation include prohibiting loud or harmful noises, particularly those that are interfere with a hospital or similar institutions. These violations carry a fine of $500 per occurrence. The effects on our wildlife have been devastating. And it doesn't

I'm going to stop you because timer is going off here. But I do want to ask you a question. Okay. You said three things. I want you to run down those list of three for me one time. When you started off, you said there was three things. Can you restate them? Can you restate those?

Yeah, sure. Okay. The first would be an indep independent noise study during the day and the night during the construction of the data center and when it's running. Uh the second would be um a full list of the backup generators and their fuel sources to know what kind of uh toxins will be going into the air. A confirmation that the noise level do not exceed Clarksville's noise regulations. which I didn't find any exact numbers, but not harmful or um too loud for people's health.

With all that being said, I'm just really worried about all the people in close proximity because the 247 hum is just that 247.

Yes, ma'am. We will I know a lot of this is has been addressed and and some of it was addressed in planning zoning. they've gone even further. So, um, if we get far enough down this process, we're going to release that information to you and and I know that we've addressed Moses, but other than like number three, noise regulations for the city, they're 25 years old, you know, so we do need to do some changes there from what we can legally mandate that we have on our books. But I can tell you that when you use green space buffering, a defilade, um their deeq permits for their generators, I can tell you that a lot of this has been addressed. Just can't officially roll it out to you tonight. Okay.

Okay. And one more thing is um I've been tagged by people that are inside the hospital waiting for a friend or a family member and the windows are shaking. So what are we going to do about like I know that decibel cannot be healthy. Do you live there? No, you don't. Uh if if you'll go back there behind the hospital. Uhhuh. Someday when those air conditioners kick on at the hospital, it's way above what we'll ever have.

Miss Bean, I did a in planning zoning. I know we presented Mr. Von was in Virginia and he was in the middle of like five different data centers. Giant data centers. He recorded a live video and then I recorded one standing beside the hospital on was it? No. Is that Palmer? Yep. See that? My video was 10 times louder than him standing in the middle of five super hypers scale data centers. So I think we're going to be okay. I think what you're hearing now is is normal because they're they're they're dynamiting. They're there's construction. And there's tailgate slamming. When you're constructing this going to be loud, but it ain't always going to be that way. Yeah. How long is the construction going to last? I didn't see anything on that.

Probably two. Probably two years, three years. Years. Maybe not there overall because they're going to move south at some point for right there. Maybe a year because I I think they want to be in the first building around around this time next year. Okay. So, a lot a lot of that loud banging and stuff is going to go away pretty soon. Then you're going to hear the wheels of the trucks and we have a council member that's been dealing with some troubles and we're trying to deal with it too. Growth is painful. Doing it responsibly is the hard part.

It it is. But I I do know that we have doctors that work in the hospital. They take their breaks outside sometimes and if they're not getting adequate sleep, nobody can feel good about going in for that surgery. And if you're having a newborn baby in the hospital and you have to take the baby outside and back in for visits and stuff. Yeah, that's too long of exposure. So maybe maybe we we limit that they don't do any work after a certain hour. They shut down. We'll think about it. But thank you. Can I say one more thing? No, ma'am. We need to move on. Thank you. Okay. Thank you. Appreciate it. Is there a motion to suspend the rules and place it on it second reading? Move. Second,

Miss Lisa, could you read by title, please? An ordinance amending the Clarksville zoning ordinance to create industrial technology zoning district, regulate excavation, drilling within the city of Clarks, Arkansas, to create a definition of data centers consistent with state law, declaring an emergency, and for other purposes. Is there a motion to suspend rules and places on his third reading? Oh, sorry. Could you call? Sorry. Bradley, yes. King. Yes. Risinger. Yes. Crystal Thompson. Yes. Robert Thompson. Yes. Baker. Yes. Could you read my title, please? Where did I leave off?

Motion for third. Yeah. I'm sorry. Back up. Motion to suspend the rules in place on third reading. So move. Second. Second. Miss Lisa backwards. King Yes. Ringinger. Yes. Thompson. Yes. Robert Thompson. Yes. Aker. Yes. Bradley. Yes. Could you read by title, please? An ordinance amending the Clarksville zoning ordinance to create an industrial technology zoning district regulate regulate excavation and drilling within the city of Clarksville, Arkansas to create a definition of data centers consistent with state law declaring emergency and for other purposes. Is

there a motion to adopt the ordinance? Second, Miss Lisa Ringer, yes. Chris Thompson, yes. Robert Thompson, yes. Baker, yes. Bradley, yes. King, yes. Is there a motion to find that emergency exists? Second. I'll second that, Miss Lisa. Thompson, yes. Robert Thompson, yes. Baker, yes. Bradley, yes. Yes. Ringinger. No.

Thank you, council. Jason, thank you. Uh, John, thank you for being here. I know I know it's a long long day for you and this has been a long turning process for all of us, but this this will help us and they'll make decisions in the future because you now you have a new zone that encompasses and I think that's great work. And us John Vaughn, he's he's with us. John, do you want to address the council in and the community in any way? Good evening, everybody. Appreciate everyone. Hey, you got to be on you got to be on camera, John, so we can see you.

Yeah. Oh, that's right. Leave Maya with her.

Good evening, everybody. did I appreciate tonight all the community that came out. Um great questions earlier. Um I do appreciate the uh community effort here as the mayor mentioned earlier. You know change um requires a lot of questions um that should have answers. Um, and through this process, uh, we have embraced being able to communicate, um, both statewide, countywide, and locally, uh, to make sure that to the best of our ability, we're doing everything that protects everyone's interest and rights, um, as this, uh, project continues to progress. So, I just want to take the time uh, to extend my gratitude uh, to everyone. U, we've been working at this for four years now. Um, and it's been a lot of fun. um getting to uh meet and know a lot of people. Um and I really do appreciate just the time, the effort um and the investment uh if you will in terms of doing research, coming up with questions um that even sometimes uh we didn't think of. Um I think it helps uh protect the integrity of the project um but also continues to create that environment, that team environment that we're all trying to do this together. So again, I appreciate everyone's time tonight and thank you mayor for allowing me to say a few words.

John, I'll just say um thank you for for believing in Clarksville and not giving up on us. Thank you for the have nots in this community. That's um thank you. This that's all I can say is thank you for not giving up on us. So,

as a as a city boy from Baltimore, I'd like to say thank you to the city of Clarksville uh and his community members uh foring in there. Like I said, it's a team effort. Uh we operate, you know, we're Elizabeth and I, we have a small team. Um and Elizabeth is a fellow Arcan by the way. Um we have a small team. Uh we operate with the highest level of integrity and we do everything team environment. So, this truly is a total team effort uh from the council, from the developer, and the community perspective. Um we all don't always get what we want, but we all try to work as hard as possible um to be sure that, you know, everyone directly, indirectly, uh will benefit in the short term, intermediate, and long term. So, again, appreciate the opportunity to speak tonight, and I appreciate everyone's engagement um and your time here on this project.

Elizabeth You want to show folks that you're a real person and not a not an AI bot? Yes. Okay. Thank you. There she is. Thank y'all so much for your time tonight and well, we're here to answer any questions anytime. Thank y'all very much. Thank you everybody. All right, that that concludes that. Let's start with CCU. Thank you, John and Elizabeth. Yeah, John Elizabeth, thank you very much. Thanks for coming. Good night.

Uh, Eric Hinrich, general manager of CCU. This month's been a blur. got my hands into all kinds of things and wrapping around it. Today is my 21st business day working here, so you know, I've got it all lined out. Everything's good. Um, honestly, I don't want to take up a lot of your time. I know we've got a lot going on. Uh, you've got our financial reports in front of you. If there's any questions, I'll take them. Um, I think the only thing I want to add, um, I really appreciate the people that work for me there. I uh just I've inherited some things I'm going to be ironing out. Um you know, one of the biggest things instilled in me and public utility as a whole is uh you know, without the trust of your community that you serve, you really can't do the greatest good that you can. And I think we've lost some of that over the years from what I'm piecing together. I'm kind of an outsider slowly making my way growing roots and weeds here and uh I just hope that you know I can't change people's minds directly but you're going to see a lot of good examples and a lot of uh good things come in the next couple years. So, with that, I'll leave it to you. And um something I left open for my uh commission because we follow a week after uh this meeting. Um if there's anything you want me to see see bring to you, just I'm an open book, so ask questions. Give me give me a call.

Jason told you it was going to be all cupcakes and Well, yeah, of course. How else did he get me here? That's how he got Yeah. He did me the same way for many years. I'm used to it. Make sure we don't get more light. No more lightning. Yeah. Okay. But do appreciate how fast they got the power back on. Yeah. No, that was my third third day here. Yeah. Um I as someone that was on call for years and years before coming here. It was kind of appreciate having some uh some professionals actually doing that and me staying in bed just to keep up with what's going on. So different position and then throw in a you know couple of billion dollar data center.

Yeah. You know small project something on the hobby in the weekend. Yeah. Carter told you that too. Yeah. All right. Thank you.

All right. So, with the small business grant program that we have going on, I don't have the announcement on recipients yet. Um, but we look to make that announcement by the next city council. Um, we do have some exciting events that I'd like to uh remind everybody of. This past week was small business week. Um, and we wanted to change things up. Typically what we do is we have shoppers go in, if they shop in the stores, they can bring in um either a token that they get something of that nature um and they are entered in for a drawing of some sort. We wanted to take the chance to honor the businesses and give them an award. So we had several businesses participate. We had all businesses um of our members listed and got over 200 responses from community members shopping in the businesses. They scanned a QR code and they were able to vote on their favorite business in a few different categories. The overall winner will receive a full marketing package uh that includes everything listed in there um from the chamber. So, we're excited to be able to announce them uh this week and then bring that to you um next month. We also have our Adventure Awaits summer kickoff uh partnering with Maximum Effort Fitness to have a 5K run and plunge event. Uh SNS Grillhouse is partnering with us for a campfire and connections for solo hikers after the concert. Um we'll have these booklets. It's focused on everything tourism Johnson County and Clarksville. So it has a lot of our different uh swimming locations, viewing, biking, hiking. And if you attend these locations, you can uh scan a QR code. We have signs that will be out um so that we can see who's all coming and going. Um we have gotten tremendous responses on Facebook. I know we brought some specific numbers to AM um last week or the week before. Uh and

we have over 300 saying that they're interested in coming to our community for the weekend. Uh hoping that they're shopping in our stores, eating in our restaurants, staying in our hotels and lodges. Um, and then also this week on Thursday, we will have a lunch and learn sponsored by Master Printing and Katherine Stevens, uh, giving top 10 tips to get more eyes on your business. So, make sure you register for that and support their business as well. And if y'all have any questions about what we have going on at the chamber, my door is always open. Feel free to come by and talk to me anytime. Thank you.

Thank you guys. Chief Smothers, I have the April statistics for the police department. There were 436 offense violations, 89 ticketed violations. There were 342 warning citations. There were 115 incident reports, 48 arrests, 21 accident reports. There were 19 C assigned cases and there were 16 C closed cases. There were zero search warrants issued. There were 10 agency assists. There were zero nlloxx home saves. There were nine arrests for possession of control substance. Four K9 deployments, 30 served warrants, 2,192 active warrants. There were 998 dispatch calls. We had 34 special events and three DWI arrests. There were 100 tasks uh issued to code enforcement, 87% uh completion rate. We had eight total drone flights for the month. Five for training, two for search and rescue, and one for patrol. Are there any questions?

How many drone deployments? Eight. Yeah. Thank you. Thank you, G. Thank you. Cody, not a lot last month. Uh, this month y'all see pretty good change. Um, Drake Faze, they came in, pulled 22 new residential house permits. I met with um, Avalon out on Freeway Lane. They should be getting started on the 71 town houses July 1st. Um, and then we got a couple of the subdivisions working in the background. So, hopefully we'll uh, get those kicked off here pretty quick. So, any questions? 21 town homes. That's pretty good. That'd be nice, Stanley.

Well, spring clean up was last month. It went Thank y'all so much. I'm like normal. I mean, it took about the same amount of time. We missed Miss Thompson's house, so I think she hit her stuff on us, but or brought it out after. I don't know which it was. But then, you know, we we had the storm. We had Well, we're not perfect and we That's Oh, they missed you around.

We did. I think it was hiding behind a barrel or something. I don't know. We did. And it was me. I went down there. I didn't even see it. But we had to storm several several huge huge trees down. I mean, it fire department and we were out for most of the night. Well, we were street department was out till that morning uh cleaning stuff. Still some brush to clean up, but you know, Klein Park was hit hard. There was trees all over Klein Park. So they got guys worked a weekend that weekend to clean it up to get safe for the kids and it was back open the next day pretty much. Um the bridge there is being worked on. It's starting to come together. It just slow slow process with everything going on with the mowing and everything. Um the aquatic center is finally open a week a little bit later than we wanted it to be, but it's done. The roof is pretty much completed today.

Basically rebuilt at this point. every there's so much up there and we still have I think two direct drives that were down at $2,500 a piece. The slides wouldn't even come on this year. So, it's just one of those things. Every time you turn the corner, there's something else going wrong. You know, build a pool. They said it'll make money, they said. Yeah, there's plenty of money into the pool. That's for sure. But, but uh that's pretty much it. I think the roof is going to help with the heat in there, too. It should be cooler. If you go in there now, it's much darker, you know, and nothing allows much light in there. Uh that was all insurance money that took care of that. So, you know, we were pretty fortunate to get that done that way. But other than that, it's just, you know, mo and everyday stuff. So,

hey, you're probably going to have to change um the the employee shirts because there was a there was a council member was out wearing the same color shirt as your employees. We didn't on the edge of the road and somebody called and said, "Why are you having city employees, you know, taking care of council members houses?" So, we're got to change colors because you can't wear the right colors. That sounds about right. It probably was one of our shirts he came in and snuck in there. It probably was. It probably was. I don't know who that was, but we need to clean that up. So, thank you very much. Thank you. Thank you.

Acco and I have been in the middle of a drama here for a while. Council, we've got to change something with our nuisance. We have breeder license and we allow them, but if that becomes a nuisance to the neighborhood, our law doesn't clearly depict and and direct what we do. So Wade is putting together some along with Clay's help. We're going to send you that, Clay. He's putting it together. Uh some some changes to the title six code that gives us some teeth when people have breeders and they kennels and they're causing the whole neighborhood to go crazy. So, uh, we're going to fix that in short order. Okay. We'll bring it to you pretty soon. Uh,

we did have a meeting and distributed some funds. We funded the Johnson County for club for the first walk show ever. Interesting. Then we uh funded America's 250th celebration and the adventure rates. So I know we also went back over the rules because we let we have our esteemed Mr. King has left us. So we went back over the rules and clarify how it goes.

Clarify how how people could submit their applications. Good and and how those things would be fun. Good. Good. Thank you very much. Uh, Miss Lisa, I send my reports. I'm good as a motion to adjourn. So move. We are ajourned. Thank you, council. Yeah. The gas when they're getting to