City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION MAY 2, 2019 MINUTES CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, May 2, 2019, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by and the ​Pledge of Allegiance was led by Councilman Ron Erb. ATTENDANCE PRESENT: Richard Garrett (Ward 1), Vondell Richmond (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4) Valerie Guzman (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7), David Allen, Mayor Pro Tem (Ward 8), Jeff Henley (Ward 9), Stacey Streetman (Ward 10), Ward 11 - Vacant, Jeff Burkhart (12) NOTE:​ Bill Powers, former representative for Ward 11, submitted his resignation to Mayor Pitts effective May 2, 2019, at Noon; Mr. Powers was recently elected to the Tennessee State Senate. SPECIAL RECOGNITIONS Mayor Joe Pitts presented Certificates of Recognition to Preston Haston and Tyler Boles for their assistance in notifying a nearby resident of a fire while working at the Clarksville Country Club. Mayor Pitts proclaimed May 18 as “Kids To Parks Day.”  Mayor Pitts proclaimed May as “Bicycle Month” and noted B-Cycles would be free on Fridays in May. Mayor Pitts and County Mayor Jim Durrett jointly proclaimed May 9th as “National Children’s Mental Health Day.” Mayor Pitts thanked Bill Powers, who had resigned as the representative for Ward 11, for his service to the City Council and the citizens of Clarksville and wished him success as the District 22 Senator in the Tennessee General Assembly. Mayor Pitts welcomed Deputy City Attorney Jeff Goodson attending on behalf of City Attorney Lance Baker. PLANNING COMMISSION PUBLIC HEARING Councilman Garrett made a motion to conduct a public hearing to receive comments regarding request for zone change and an annexation progress report; the motion was seconded by Councilman Henley. There was no objection. ORDINANCE 65-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ignacio Resendiz for zone change on property located at the east terminus of Belle Court from RM-1 Single Family Mobile Home Residential District to R-1 Single Family Residential District No one expressed support for or opposition to this request. ORDINANCE 66-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Paramount Hospitality, Inc. for zone change on property located at the intersection of Warfield Boulevard and Bellamy Lane from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District No one expressed support for or opposition to this request. ORDINANCE 67-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Eugene Allen Sueiro Testamentary Trust c/o Cynthia J. Sueiro, Cynthia Sueiro-Agent, for zone change on property located at the intersection College Street and Hornberger Lane from M-2 General Industrial District to C-5 Highway & Arterial Commercial District Cynthia Sueiro said a national company had expressed interest in the property, but would it requires C-5 zoning. No one spoke against this request. ORDINANCE 68-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of NE Properties, Houston Smith-Agent, for zone change on property located at the east terminus of Tandy Drive, north of Airport Road, and west of Outlaw Field Road from M-2 General Industrial District to R-4 Multiple Family Residential District  Todd Morris offered to answer questions; no were submitted. No one expressed opposition to this request. RESOLUTION 55-2018-19 Adopting the First Plan of Services Progress Report for annexed territory east of Interstate 24, South of Rossview Road, and north of Red River There were no comments regarding this report. Councilman Garrett made a motion to revert to regular session. The motion was seconded by Councilman Henley. There was no objection. ADOPTION OF ZONING The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 65-2018-19​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 66-2018-19​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff was for disapproval of ORDINANCE 67-2018-19​; the recommendation of the Regional Planning Commission was for approval. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Guzman. Councilman Allen said he supported the intended use of a car lot because there were other car lots already established in the immediate area. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 68-2018-19​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Smith. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. Councilman Garrett made a motion to adopt ​RESOLUTION 55-2018-19​. The motion was seconded by Councilman Erb. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. 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 47-2018-19 (Second Reading) Authorizing extension of City of Clarksville utility services to property on Excell Road; request of James Vick 2. ORDINANCE 48-2018-19 ​(Second Reading) Repealing ORDINANCE 39-2017-18 and accepting donation of certain real property from Wesley Chapel Christian Methodist Episcopal Church for the purpose of City demolition and authorizing donation of one half of said property to Habitat For Humanity and one half back to the Church 3. ORDINANCE 50-2018-19 (Second Reading) Accepting donation of property along the west fork of Red River from Aspire Clarksville Foundation for future development of the Clarksville Greenway 4. ORDINANCE 51-2018-19 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Yvonne Rhodes, Mark Holleman-Agent, for zone change on property at the intersection of Madison Street and Tenth Street from R-4 Multiple Family Residential District/H-1 to R-2 Single Family Residential District/H-1 5. ORDINANCE 52-2018-19 (Second Reading) Amending the Official Code relative to sale of beer at Downtown Commons 6. RESOLUTION 59-2018-19 ​Approving appointments to After Hours Establishment Board, Beer Board, Community Action Agency, Community Health Foundation, Designations Committee, Museum Board, Parking Commission, and Public Art Commission ● After Hours Establishment Board: Jeremy Bowles, Rhonda Davis - May 2019 through April 2021 ● Beer Board: John Hunt - April 2019 through March 2021  ● Community Action Agency Board: Travis Holleman - Coterminous ● Community Health Foundation: Dr. David Denton, Rosalind Kurita, Joey Smith - June 2019 through May 2022 ● Designations Committee: Sean Craft, Bill Harpel, Mary Fisher - May 2019 through April 2021 ● Museum Board: Charles Booth, Brad Martin - January 2019 through December 2021; Stacey Streetman - May 2019 through December 2019 ● Parking Commission: Ryan Bowie - May 2019 through August 2020 ● Public Art Commission: Mike Fink, Linda Turner - June 2019 through May 2023; Wanda Smith - May 2019 through May 2020 7. Adoption of Minutes: April 4 Councilman Burkhart made a motion to adopt the Consent Agenda. The motion was seconded by Councillady Guzman. Councilman Holleman registered an abstention on his appointment to the Community Action Agency Board. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt the Consent Agenda, with the noted abstention, passed. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE ​Chairman David Allen Councilman Allen said the 2019-20 Community Development Action Plan and CDBG Budget would be presented for approval during the Finance Committee report. FINANCE COMMITTEE ​Chairman Jeff Burkhart ORDINANCE 54-2018-19 ​(First Reading) Accepting donation of certain real property on Pollard Road from Joseph L. Gendreau for Greenway Trailhead parking 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 Councilman Holleman. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. ORDINANCE 55-2018-19 (First Reading) Amending the Official Code pertaining to the designation of the District Management Corporation from the Two Rivers Company to the Economic Development Council 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 Councilman Chandler. At the request of EDC Chief Executive Officer Jeff Truitt to allow for additional discussion regarding the TRC becoming an EDC member organization, Councilman Burkhart made a motion to postpone  the vote for first reading on this ordinance to the June regular session. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to postpone first reading on this ordinance to the June regular session passed. There was no objection to consolidating the vote on the following ordinances. Councilman Burkhart made a motion to adopt ​ORDINANCE 56-2018-19, 57-2018-19, ORDINANCE 58-2018-19, 59-2018-19, 60-2018-19, 61-2018-19, ​and ​ORDINANCE 62-2018-19​ on first reading. The motion was seconded by Councillady Smith. ORDINANCE 56-2018-19 ​(First Reading) Accepting donation of certain real property from Progress Properties, LLC, for the Progress Drive Pump Station ORDINANCE 57-2018-19 ​(First Reading) Accepting donation of certain real property from Rossview Farms, LLC, for the Victoria Ridge Pump Station ORDINANCE 58-2018-19 ​(First Reading) Accepting donation of certain real property from Holly Point, LLC, for the Easthaven Pump Station ORDINANCE 59-2018-19 ​(First Reading) Accepting donation of certain real property from Magnolia Drive Partnership for the Sango Mills Pump Station ORDINANCE 60-2018-19 (First Reading) Accepting donation of certain real property from Betty D. Maynard for the Ivy Bend Pump Station ORDINANCE 61-2018-19 ​(First Reading) Accepting donation of certain real property from C. D. Baggett Family Limited Partnership for the Brownsville Pump Station ORDINANCE 62-2018-19 ​(First Reading) Accepting donation of certain real property from CLC Hidden Springs for the Hidden Springs Pump Station The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt these ordinances on first reading passed. ORDINANCE 63-2018-19 (First Reading) Approving an amendment to ORDINANCE 24-2017-18 regarding approval of a Clarksville Housing Authority Payment In Lieu Of Taxes Agreement for the South Central Village 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 Councillady Smith. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. RESOLUTION 56-2018-19 ​Approving an amendment to the Economic Impact Plan for the 7th & Main Development Area The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. RESOLUTION 57-2018-19 ​Consenting for the Industrial Development Board to negotiate and accept Payment In Lieu of Ad Valorem Taxes [Montgomery Commons-Greenway, LP] The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Chandler. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. RESOLUTION 58-2018-19 ​Authorizing the grant application and adopting the 2019-2020 Annual Action Plan and the 2019-2020 Budget for Community Development Block Grant and HOME Programs The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. GAS & WATER COMMITTEE ​Chairlady Valerie Guzman ORDINANCE 53-2018-19 ​(First Reading) Authorizing extension of utility services to 1621 Dunlop Lane; request of Ben Stanley  There was no recommendation from the Gas & Water Committee due to lack of a quorum. Councillady Guzman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. Councillady Guzman shared the following monthly department statistics: 4,474 work orders, 298 after hour calls, 98,872 meter readings, 62,000 bills and notices, 3,029 locate requests, and 67 natural gas odor responses. PARKS & RECREATION ​Chairlady Valerie Guzman Councillady Guzman mentioned several upcoming events including Day at the Park, March in the Past at Fort Defiance, Fun with Fido, 50-Plus Games, Sleeping Under the Stars, and Downtown Market. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley Councilman Henley shared the following monthly department statistics: Building & Codes - 2,040 inspections, 500 enforcement cases, 90 single-family permits, and 42 abatement work orders; Fire Rescue - 711 responses; Police - 12,613 calls. Councilman Henley mentioned the upcoming Teens Police Academy, a free five-day course relative to policing and first responder topics. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler Councilman Chandler shared the following monthly department statistics: Streets - 394 work orders (838 man hours), 26 streets paved, 608 debris pickups; Garage - 424 work orders, unleaded gas $2.23/gallon, diesel fuel $2.18/gallon. TRANSPORTATION COMMITTEE Councillady Smith shared the following monthly department statistics: 59,889 passengers including 6,817 senior citizens, 429 wheelchair passengers, and 3,526 para-transit passengers. NEW BUSINESS PEDDLER PERMITS ORDINANCE 64-2018-19 ​(First Reading) Amending the Official Code relative to Peddler Permits Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Erb. In response to Councilman Allen’s  and Councilman Chandler’s questions, Chief Financial Officer Laurie Matta said these regulations apply only to for-profit vendors, including food trucks. In response to Councillady Smith’s question, Ms. Matta said the permit fee would cover administrative costs and would be good for one year. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. ORDINANCE 69-2018-19​ (First Reading) Rescheduling the July 2019 regular session Because this ordinance was not presented during the April 25th Executive Session, Mayor Pitts made a motion to consider this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to consider this ordinance passed with the required 3/4 majority approval. Mayor Pitts made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. MAYOR AND STAFF REPORTS Mayor Pitts congratulated Military Liaison Bill Harpel, and his brother Phil Harpel, for receiving Army Aviation Association of America‘s Outstanding Soldier and Family Support Award. City Clerk Sylvia Skinner read the public notice regarding the Ward 11 vacancy. Mayor Pitts congratulated Building & Codes Director Mike Baker on his upcoming retirement and thanked him for his years of dedicated service. ADJOURNMENT The meeting was adjourned at 7:56 p.m.