City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION DECEMBER 6, 2018 MINUTES CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Pro Tem Valerie Guzman on Thursday, December 6, 2019, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. Councilwoman Wanda Smith offered a prayer and led the Pledge of Allegiance. ATTENDANCE PRESENT: Richard Garrett (Ward 1), Deanna McLaughlin (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman (Mayor Pro Tem, Ward 5), Wanda Smith (Ward 6), Geno Grubbs (Ward 7), David Allen (Ward 8), Jeff Henley (Ward 9), Mike Alexander (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (12) ABSENT: Mayor Kim McMillan SPECIAL RECOGNITIONS Mayor Pro Tem Guzman welcomed Boy Scout Webloes Pack 566. PLANNING COMMISSION PUBLIC HEARING Councilman Grubbs made a motion to conduct a public hear to receive comments regarding requests for zone change, abandonments, and annexation. The motion was seconded by Councilman Garrett. There was no objection. ORDINANCE 28-2018-19 ​(First Reading; Previously ORDINANCE 69-2017-18 Postponed August 2) Amending the City of Clarksville Zoning Ordinance relative to ghost signs, murals, and works of art No one spoke for or against this amendment. ORDINANCE 29-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Estate of Harold W. Weakley, Kathy Biter, Executrix, for zone change on property located north of Crossland Avenue, East of Martin Street, South of Washington Street, and west of Greenwood Avenue from R-4 Multiple Family Residential District to IC Institutional/Civic District Gary Norris said the owner planned to sell the property to Loaves & Fishes and highlighted the plans for accessing the property. Greg Zerron said this use would change the environment of the existing neighborhood. Billy Wamble said the development would touch his property on three sides and expressed opposition to the entrance from Martin Street. ORDINANCE 32-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Luke Baggett, Syd Hedrick/Byers & Harvey-Agent, for zone change on property located at the intersection of Charlotte Street and Current Street from R-3 Three Family Residential District to R-6 Single Family District Syd Hedrick said the applicant planned to build new homes on the property; no one expressed opposition. ORDINANCE 33-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Crocker Rental Partnership for zone change on property located east of Ft. Campbell Boulevard, south of Park Lane, north of Maple Street, and west of Rebecca Lane from C-5 Highway & Arterial Commercial District to R-4 Multiple Family Residential District No one spoke for or against this request. ORDINANCE 34-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Bettye G. Henley, David Henley-Agent, for zone change on property located at the intersection of Providence Boulevard, Beech Street, and Plum Street from R-4 Multiple Family Residential District to C-2 General Commercial District David Henley spoke on behalf of his mother and said the request was made to conform with the existing commercial properties. ORDINANCE 35-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Richard Collins for zone change on property located at the west terminus of Batts Lane from RM-1 Single Family Mobile Home Residential District to R-4 Multiple Family Residential District No one spoke for or against this request.  ORDINANCE 36-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of BJ Properties for zone change on property located at the intersection of Heritage Point Drive and Tiny Town Road from C-5 Highway & Arterial Commercial District to R-4 Multiple Family Residential District No one spoke for or against this request. ORDINANCE 37-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of CBP Properties, Houston Smith-Agent, for zone change on property at the intersection of High Street and Perkins Avenue from R-3 Three Family Residential District to R-6 Single Family District Speaking on behalf of the applicant, Bryce Powers said access to the property would be from High Street and that R-3 would allow development of three lots. RESOLUTION 31-2018-19 ​Approving abandonment of an unimproved portion of Thayer Lane located south of Madison Street and west of Vannoak Drive; request of George Watson No one spoke for or against this request. RESOLUTION 32-2018-19 ​Approving abandonment of an unimproved portion of Old Highway 76 located south of Highway 76 Connector (Dr. Martin Luther King, Jr. Parkway), north of Trough Springs Road and west of Fire Station Road; request of Craig Stuard No one spoke for or against this request. RESOLUTION 33-2018-19 ​Annexing territory east of Swift Fox Drive and north of Tylertown Road; request of Dan and Helen Etson and Chuck and Linda Alley No one spoke for or against this request. RESOLUTION 34-2018-19​ Approving a Plan of Services for annexed territory east of Swift Fox Drive and north of Tylertown Road No one spoke for or against this plan. Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilman Powers. There was no objection. ADOPTION OF ZONING, ABANDONMENTS, AND ANNEXATION The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 28-2018-19 which was postponed June 7, 2018. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Powers. Councilman Grubbs made a motion to postpone first reading to the March 2019 regular session to allow for further evaluation. The motion was seconded by Councilman Chandler. The following vote was recorded:  AYE: Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, Smith ABSTAIN: McLaughlin The motion to postpone first reading to the March 2019 regular session passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 29-2018-19​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Garrett. Councilwoman Smith expressed support for Loaves and Fishes program and said opponents would have one month to meet with the applicant. There was no objection to Councilman Allen’s request to hear from Planning Director Jeff Tyndall who said adjacent property owners were notified in writing of the request and a sign was placed on the Crossland Avenue boundary of the property. There was no objection to reverting to regular session. Councilwoman McLaughlin made a motion to postpone first reading to the next regular session. The motion was seconded by Councilman Chandler. The following vote was recorded: AYE: Alexander, Allen, Chandler, Erb, Garrett, Guzman, Henley, McLaughlin, Smith NAY: Burkhart, Powers ABSTAIN: Grubbs The motion to postpone first reading on this ordinance to the next regular session passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 32-2018-19​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 33-2018-19​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilwoman McLaughlin opposed the change noting the negative effects this rezoning would have on the existing neighborhoods. The following vote was recorded: AYE: Allen, Burkhart, Garrett, Grubbs, Guzman, Henley, Powers NAY: Alexander, Chandler, Erb, McLaughlin, Smith  The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 34-2018-19​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Henley stated that he was not related to the applicant or the agent. Councilman Chandler and Councilwoman Smith felt this change would improve the intersection. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 35-2018-19 Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission was for approval of ​ORDINANCE 36-2018-19​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith NAY: Chandler, Erb The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 37-2018-19​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Councilman Powers stated he was not related to the applicant. The following vote was recorded AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​RESOLUTION 31-2018-19. ​Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​RESOLUTION 32-2018-19. ​Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. The Regional Planning Staff and Commission had endorsed ​RESOLUTION 33-2018-19​. Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by Councilman Powers. Councilwoman McLaughlin and Councilman Chandler expressed concern for emergency vehicles and added traffic on Tylertown Road. Councilman Burkhart and Councilman Allen said if annexed, this property would generate property tax revenues. Councilman Alexander called for the question. The question was seconded by Councilman Chandler. A voice vote was taken; the motion to cease discussion passed. The following vote on the main motion was recorded: AYE: Allen, Burkhart, Garrett, Grubbs, Guzman, Henley, Powers NAY: Alexander, Chandler, Erb, McLaughlin, Smith The motion to adopt this resolution passed. The Regional Planning Staff and Commission had endorsed ​RESOLUTION 34-2018-19​. Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Garrett, Grubbs, Guzman, Henley, Powers NAY: Chandler, Erb, McLaughlin, Smith The motion to adopt this resolution passed. Councilman Grubbs expressed appreciation to the RPC Staff for their service with Regional Planning Commission during his ten-year tenure as a member. CONSENT AGENDA All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that an item be removed for separate consideration under the appropriate committee report: 1. ORDINANCE 22-2018-19 ​(Second Reading) Amending the Official Code relative to holidays (Columbus Day Observed) 2. ORDINANCE 25-2018-19 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Paul W. Landrum for zone change on property located south of Memorial Drive and east and west of Landrum Place from O-1 Office Medical Institutional Civic District to C-2 General Commercial District 3. ORDINANCE 26-2018-19 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of KMG Properties/Barbara McMahan and Alton Radford, Rex Hawkins-Agent, for zone change on property located at the intersection of Wilma Rudolph Boulevard and West Rossview Road from R-1 Single Family Residential District to R-4 Multiple Family Residential District 4. ORDINANCE 27-2018-19 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Singletary Construction for zone change on property located at the intersection of Trenton Road and Fairview Lane from R-1 Single Family Residential District and C-5 Highway & Arterial Commercial District to R-4 Multiple Family Residential District 5. RESOLUTION 29-2018-19 ​Approving a Certificate of Compliance for sale of wine at Quick Stop Market, 531 North Second Street ​(CPD: No Criminal History) 6. RESOLUTION 30-2018-19 ​Approving a Certificate of Compliance for sale of wine at Quick Stop Market, 1780 Ashland City Road ​(CPD: No Criminal History) 7. RESOLUTION 35-2018-19 ​Approving an appointment to the Audit Committee [Removed for amendment] Audit Committee: Peter Reyman (replace Wilbur Berry-term expired) - January 2019 through December 2020 8. Adoption of Minutes: November 1 Councilman Powers requested separate consideration of ​RESOLUTION 35-2018-19​. Councilwoman McLaughlin made a motion to adopt the Consent Agenda as amended. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt the Consent Agenda as amended passed. BOARD APPOINTMENTS RESOLUTION 35-2018-19 was removed from the Consent Agenda. Councilman Powers made a motion to adopt this resolution. The motion was seconded by Councilwoman McLaughlin. Councilman Powers made a motion to amend this resolution by adding the following appointments: Audit Committee: Lynn Stokes - January 2019 through December 2020 Board of Zoning Appeals: Stacey Winsler - January 2019 through December 2023 The amendment was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The amendment passed. The following vote on the motion as amended was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution as amended passed. FINANCE COMMITTEE Jeff Burkhart, Chair ORDINANCE 30-2018-19 ​(First Reading) Authorizing negotiations and purchase of easements and/or rights of way or use of eminent domain for acquisition of property for the Northeast Connector Project The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. ORDINANCE 31-2018-19 ​(First Reading) Authorizing negotiations and purchase of easements and/or rights of way or use of eminent domain for acquisition of property for intersection improvement at Trenton Road and Meriwether Road The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded:  AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. GAS & WATER COMMITTEE Bill Powers, Chair ORDINANCE 23-2018-19 ​(First Reading) Authorizing extension of utilities to property located on Lisa Court; request of Vernon Weakley Councilman Powers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Erb. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. Councilman Powers shared the following monthly department statistics: Service Department - 5,803 work orders, 444 after-hour calls, 98,000 meter readings; Billing Department - 69,458 bills and notices; Water Division - 77 water leak repairs, 301 hydrant flushes, 454 backflow tests; Gas Division - 33 new services, 2,259 feet of pipe installation; 85 natural gas odor responses; Water Treatment Plant - operating at 65% capacity; Wastewater Treatment Plant - operating at 51% capacity. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen noted the First Time Homebuyers Program provided $7,754.77 for purchase of a home on Bo Peep Lane. Councilman Allen said services began on November 1st at the Room at the Inn. PARKS & RECREATION Valerie Guzman, Chair Mayor Pro Tem Guzman noted current recreational activities including Christmas on the Cumberland at McGregor Park, Elf Splash at New Providence Pool, Burt Cobb Community Christmas Party, 19th Century Christmas at Fort Defiance, and New Years Eve Splash at New Providence Pool. PUBLIC SAFETY COMMITTEE Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes - 263 Code Enforcement cases, 1,594 construction inspections, 44 abatement work orders; Fire Rescue - 1,177 emergency calls; Police - 12,552 responses.  Councilman Grubbs thanked Chief Al Ansley and employees of the Clarksville Police Department, and Chief Mike Roberts and employees of Clarksville Fire Rescue for their service during his twelve years as a member of the Clarksville City Council. STREETS & GARAGE COMMITTEE Mike Alexander, Chair Councilman Alexander shared the following monthly department statistics: Streets - 241 work orders, paving of Allen Griffey Road and North Ford Street; Garage - 376 work orders, unleaded fuel at $1.53/gallon and diesel fuel at $1.98/gallon Councilman Alexander thanked the citizens of Ward 10 for the privilege to serve and expressed appreciation to the employees of the City Garage and Street Department for their service. TRANSPORTATION COMMITTEE ​Deanna McLaughlin, Chair Councilwoman McLaughlin shared the following monthly department statistics: Clarksville Transit System - 56,540 passengers including 5,895 senior citizens, 385 wheelchair passengers, 3,269 paratransit passengers, and 5,734 APSU students. Councilwoman McLaughlin reported CTS earned three trophies during the Tennessee Public Transportation Association Annual State Rodeo. Councilwoman McLaughlin said CTS had recently constructed a solar light-up bus shelter at Walmart on Dover Road, Walmart on Whitfield Road, and at Tennova Hospital. CTS collected 588 canned goods for the Basket of Thankfulness for donation to Manna Cafe. Councilwoman McLaughlin announced Operation Safe Ride scheduled for December 31st. Councilwoman McLaughlin thanked the citizens of Ward 12 for allowing her to serve as a member of the Clarksville City Council for the past twelve years. RESOLUTIONS OF HONOR Councilman Burkhart expressed appreciation to Councilman Alexander, Councilman Grubbs, Councilwoman McLaughlin, and Mayor McMillan for their service to the City of Clarksville and made a motion to adopt the following resolutions. The motion was seconded by Councilman Garrett. RESOLUTION 36-2018-19 ​Honoring Councilman Mike Alexander RESOLUTION 37-2018-19 ​Honoring Councilman Geno Grubbs RESOLUTION 38-2018-19​ Honoring Councilwoman Deanna McLaughlin RESOLUTION 39-2018-19​ Honoring Mayor Kim McMillan  The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Powers, Smith ABSTAIN: Grubbs, McLaughlin The motion to adopt the four resolutions passed. MAYOR AND STAFF REPORTS Councilman Grubbs and Councilman Alexander thanked their wives and families and the citizens of their wards for allowing them to serve. The four outgoing members received a standing ovation. ADJOURNMENT The meeting was adjourned at 8:33 p.m.