City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION JUNE 6, 2019 MINUTES PUBLIC COMMENTS: Prior to the meeting, Kurt Kowalski asked the City Council to consider funding for access to the recently purchased property at Exit 8 for a cross country course. CALL TO ORDER The regular monthly meeting of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, June 6, 2019, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Dr. Anderson Grant, Guest of Councillady Wanda Smith; the Pledge of Allegiance was led by Councillady Smith. 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), Jeff Burkhart (12) NOTE: Ward 11 Vacant SPECIAL RECOGNITIONS Mayor Pitts welcomed Montgomery County Commissioner Joshua Beal who was in the audience. Mayor Pitts made the following statement: “Last night our city experienced a crime that is unfamiliar to us -- a double homicide at a local restaurant. According to reports from our police department, rival motorcycle gangs chose to exercise lawlessness and commit cowardly acts. “We are in prayer for the families who lost two loved ones last night. We are also in prayer for our law enforcement personnel as they pursue those who committed the crimes. They will be found, and they will be brought to justice. Acts of this nature will not stand. “Let me pause to commend our first responders who were quickly on the scene. Our Police, Fire and Rescue, and EMS workers were very professional in their approach to attending to the victims, and gathering information from those of us in the restaurant. As a community we can all be proud of them not just for last night but everyday. “I want to address the citizens of our community. Our first impulse as humans is to panic, or to think this is a beginning to a crime wave. Let me state without hesitation, it is not. For those on social media sites who find solace in believing and expressing the worst, let me encourage you to find the best, because it is out there. It is right in front of us everywhere we go. “The actions of a few cowboys on motorcycles who deliberately sought out another human being to kill, are isolated but very unnerving. We don’t expect this sort of thing to happen in our beautiful city. But here we are -- 24 hours later -- facing the reality that it can happen anywhere. “So tonight, and the rest of our days, let us resolve to support our police. Support our first responders. And support one another. “As we gather tonight in these chambers, or as we gather this summer for reunions, parties and homecomings, let's support one another. “One thing I know about my hometown, we are resilient. We are determined. and when we set our minds to it, we are successful.  “May the Lord bless us and keep us. May the Lord make His face to shine upon us, and be gracious to us. The Lord lift up His countenance upon us, and give us peace.” PLANNING COMMISSION PUBLIC HEARING Councilman Garrett made a motion to conduct a public hearing to receive comments regarding requests for zone change, abandonment, and adoption of a public improvement plan. The motion was seconded by Councilman Henley. There was no objection. ORDINANCE 78-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Maynard Family Company for zone change on property located at the intersection of Tobacco Road and Jack Miller Boulevard from R-1A Single Family Residential District to R-4 Multiple Family Residential District No one expressed support for or opposition to this request. ORDINANCE 79-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Yvonne Rhodes, Mark Holleman-Agent, for zone change on property located south of Madison Street and east of Greenwood Avenue from R-3 Three Family Residential District to R-4 Multiple Family Residential District Mark Holleman said the owner planned to sell this property if rezoned to multi-family. Curt Mize said R-4 zoning would be out of character for the area. ORDINANCE 80-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reda Home Builders for zone change on property located at the intersection of Dotsonville Road and Arrowfield Drive from R-1 Single Family Residential District to R-2 Single Family Residential District Ricky Reda said this change would connect the property to adjacent R-2 zones. No one expressed opposition. RESOLUTION 62-2018-19 ​Approving abandonment of property located south of Madison Street and west of Holly Circle; request of Cumberland Electric Membership Corporation/Mark Cook No one spoke for or against this request. RESOLUTION 63-2018-19 ​Accepting the Public Improvement Program for Fiscal Year 2019-20 through 2023-24 compiled by the City of Clarksville and approved by the Clarksville-Montgomery County Regional Planning Commission There were no comments.  Councilman Garrett made a motion to revert to regular session. The motion was seconded by Councilman Allen. There was no objection. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 78-2018-19​. 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 recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 79-2018-19. ​Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. Councilman Holleman stated his intention to abstain because of his family relationship with the agent. Councilman Chandler said he did not support a multi-family development in the historical area. Councillady Smith noted the former high school was already zoned multi-family. The following vote was recorded: AYE: Allen, Burkhart, Garrett, Guzman, Henley, Pitts, Richmond, Smith, Streetman NAY: Chandler ABSTAIN: Erb, Holleman The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 80-2018-19​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Chandler said his research showed no risk of flooding. 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 and Commission were for approval of ​RESOLUTION 62-2018-19​. Councilman Garrett 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. The Regional Planning Staff and Commission endorsed ​RESOLUTION 63-2018-19 with recommendations​. Councilman Garrett made a motion to adopt this resolution. The motion was seconded by Councilman Holleman. Although the Regional Planning Commission endorsed the program with recommendations, there was no discussion. 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. WARD 11 APPLICANTS The City Clerk issued an oath of truth and correctness to Jimmy Brown, Gary Norris, Joe Morra, Ben Moore, and David Shelton. Each individual was offered five minutes for their presentation. JIMMY BROWN Mr. Brown stated to Mayor Pitts that he had lived in Ward 11 for 20 years and he and his family have lived in Clarksville since 1999. Mr. Brown had participated in Leadership Clarksville and Youth Leadership Clarksville’s Government Day. He said traffic and public safety are his priority. He said the City should monitor infrastructure and noted he supports the Whitfield Road project. Mr. Brown said he supports MADD and was a member of Bethel Baptist Church. In response to Councillady Smith’s question, Mr. Brown said the Frosty Morn building should be demolished and sold to generate tax revenue. He responded to Councillady Smith stating his community service involved communicating with the public and participating in civic programs, but had no experience serving on a City board or commission. In response to Councilman Garrett’s question, Mr. Brown said the City should evaluate effects of both infill and outskirt developments and should plan ahead for road projects to reduce traffic congestion and provide youth programs. GARY NORRIS Mr. Norris stated to Mayor Pitts that he had lived in Ward 11 for 33 years. He said he had operated a small business as well as an international company, both with supervision and budgeting. He said he was familiar with how city departments communicate having served on the Regional Planning Commission, as Chair for eight years, as well as several RPC subcommittees, Historical Zoning Commission, Design Review Board, City and County Board of Zoning Appeals, Economic Development Board, Chamber Board, Leadership Clarksville, CMC Homebuilders Association, Habitat For Humanity Board. Mr. Norris noted he was an Elder at First Presbyterian Church. In response to Councillady Smith’s question, he said his most pressing issue for Ward 11 was traffic and said he may support round-abouts. In response to Councilman Garrett’s question, he said would like the City to offer more public events, improve traffic, and support planning and smart growth.  JOE MORRA Mr. Morra stated to Mayor Pitts that he had been a resident of Ward 11 for ten years. He said he was a retired CW3 160th and worked with a non-profit organization benefiting autism. He said he felt the City should focus on quality of life improvements for children. In response to Councilman Richmond’s question, he said his business budgeting experience would benefit the City and he wanted to improve children’s education and quality of life and offer transportation to special needs children to and from recreational centers. BEN MOORE Mr. Moore stated to Mayor Pitts that he was a lifelong resident of the City of Clarksville and had been a resident of Ward 11 for six years. He thanked military men and women for their service. He classified Clarksville as an “independent” city, not a bedroom community of Nashville. He said the Frosty Morn building should be used as an asset to the City. Mr. Moore felt the City needed improved infrastructure. In response to Councillady Smith’s question, he said he wanted to serve to provide opportunities for young people and hoped to develop more green space for the residents of Ward 11. He felt an added amenity to the ward would be a dog park. DAVID SHELTON Mr. Shelton stated to Mayor Pitts that he had been a resident of Ward 11 for three years. He said his community involvement included membership on the Human Relations Commission and Leadership Clarksville. Mr. Shelton expressed support for the Kennedy Road connector, sidewalks on Memorial Drive, and a community center in the north area. He said improvements should be made to Dunbar Cave Road with added police patrol. He felt the Frosty Morn building should be transformed into a museum. In response to Councillady Smith’s questions, Mr. Shelton said he owned a custom window treatment business and writes op-eds for THE LEAF-CHRONICLE, supports the efforts of the LGBT and NAACP communities, and felt more land development was needed in Ward 11. Councilman Allen commended all applicants and encouraged them to stay involved in the community. Mayor Pitts said the selection would be made during the City Council’s Special Session on June 13. 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 53-2018-19 ​(Second Reading) Authorizing extension of utility services to 1621 Dunlop Lane; request of Ben Stanley 2. ORDINANCE 54-2018-19 ​(Second Reading) Accepting donation of certain real property on Pollard Road from Joseph L. Gendreau for Greenway Trailhead parking 3. ORDINANCE 56-2018-19 ​(Second Reading) Accepting donation of certain real property from Progress Properties, LLC, for the Progress Drive Pump Station 4. ORDINANCE 57-2018-19 ​(Second Reading) Accepting donation of certain real property from Rossview Farms, LLC, for the Victoria Ridge Pump Station 5. ORDINANCE 58-2018-19 ​(Second Reading) Accepting donation of certain real property from Holly Point, LLC, for the Easthaven Pump Station 6. ORDINANCE 59-2018-19 ​(Second Reading) Accepting donation of certain real property from Magnolia Drive Partnership for the Sango Mills Pump Station 7. ORDINANCE 60-2018-19 (Second Reading) Accepting donation of certain real property from Betty D. Maynard for the Ivy Bend Pump Station 8. ORDINANCE 61-2018-19 ​(Second Reading) Accepting donation of certain real property from C. D. Baggett Family Limited Partnership for the Brownsville Pump Station 9. ORDINANCE 62-2018-19 ​(Second Reading) Accepting donation of certain real property from CLC Hidden Springs for the Hidden Springs Pump Station 10. ORDINANCE 63-2018-19 (Second 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 11. ORDINANCE 64-2018-19 ​(Second Reading) Amending the Official Code relative to Peddler Permits ​[Removed; See Finance Committee] 12. ORDINANCE 65-2018-19 ​(Second 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 13. ORDINANCE 66-2018-19 ​(Second 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 14. ORDINANCE 67-2018-19 ​(Second 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 15. ORDINANCE 68-2018-19 ​(Second 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  16. ORDINANCE 69-2018-19 (Second Reading) Rescheduling the July 2019 regular session 17. RESOLUTION 61-2018-19 ​Approving appointments to Board of Adjustments & Appeals, Arts & Heritage Development Council, Economic & Community Development Board, Ethics Commission, Human Relations Commission, Power Board, and Tree Board ● Adjustments & Appeals Board: Herb Baggett, Rick Reda - July 2019 through June 2023 ● Arts & Heritage Development Council: Charlsie Halliburton, Robert Putnam - July 2019 through June 2022 ● Economic & Community Development Board: Doug Heimbeck - July 2019 through June 2023 ● Ethics Commission: Elizabeth Carmichael - July 2019 through June 2022 ● Human Relations Commission: Mark Kelly, Michael Spring, Alexandra Wills, Dipika Patel - July 2019 through June 2022 ● Power Board: Sally Castleman - July 2019 through June 2022; Jeff Burkhart - July 2019 through June 2021 ● Tree Board: Carter Briggs, Wes Powell - July 2019 through June 2022 18. Adoption of Minutes: May 2 Councilman Burkhart requested separate consideration of ​ORDINANCE 64-2018-19. Councilman Burkhart made a motion to adopt the Consent Agenda as amended. The motion was seconded by Councilman Chandler. The following vote was recorded; Councilman Burkhart abstained from voting on his appointment to the Power Board. AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt the Consent Agenda as amended passed. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE Chairman Allen reported award of demolition contracts for three Martin Street properties which were associated with the new Loaves & Fishes facility, and for the Pettus Park concession stand. He said Continuum Care reports were available upon request. FINANCE COMMITTEE ORDINANCE 55-2018-19 (First Reading; Postponed May 2) Amending the Official Code pertaining to the designation of the District Management Corporation from the Two Rivers Company to the Economic Development Council Chairman Burkhart made a motion to postpone first reading to June 20 to allow the EDC Board of Directors to review and approve the changes. 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 June 20 passed. RESOLUTION 60-2018-19 ​Authorizing an interlocal agreement with the Regional Transportation Authority for transportation service between Clarksville and Nashville The recommendation of the Finance Committee was for approval. Chairman 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. ORDINANCE 64-2018-19 ​(Second Reading) Amending the Official Code relative to Peddler Permits This resolution was removed from the Consent Agenda. Chairman Burkhart made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Henley. Chairman Burkhart made a motion to change all language relative to “Director of Finance & Revenue” to “Chief Financial Officer.” The motion was seconded by Councilman Henley. The following vote on the amendment was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The amendment passed. The following vote on the motion as amended was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on second reading as amended passed. GAS & WATER COMMITTEE Chairlady Guzman shared the following monthly department statistics: 59 water leak repairs, 278 hydrant flushes, 481 backflow tests, 33 new gas service installations, and 495 million gallons of treated water. PARKS & RECREATION Chairlady Guzman mentioned ongoing recreational activities including Parents’ Night Out, Downtown Market, Mayor’s Summer Night Lights, and Movies in the Park. Mayor Pitts noted that the department still had openings for summer jobs. PUBLIC SAFETY COMMITTEE Chairman Henley shared the following monthly department statistics: Building & Codes - 2,153 inspections, 601 enforcement cases, 90 single-family permits, 96 abatement work orders; Fire Rescue - 828 calls; Police - 13,750 responses, 13 new cadets. STREETS & GARAGE COMMITTEE Chairman Chandler complimented Mayor Pitts for conducting an efficient and informative budget process. Chairman Chandler shared the following monthly department statistics: Garage - 179 work orders (1,300 work hours), unleaded gas $2.09 gallon, diesel fuel $2.25/gallon; Streets - 243 work orders, paving of three subdivisions. TRANSPORTATION COMMITTEE Chairlady Smith shared the following monthly department statistics: 56,637 passengers including 7,330 senior citizens, 3,299 Lift passengers. She said the Youth Ride Free program had been successful. Chairlady Smith announced the installation of a new bus shelter at Edmondson Ferry Road and a proposed new bus shelter at Ebenezer Church. The department was evaluating locations for placement of eight additional shelters. Chairlady Smith said nearly 400 responses were received regarding the Ridership Growth Study. She announced CTS would provide shuttle service to the annual Independence Day Celebration on July 3rd at Liberty Park. MAYOR AND STAFF REPORTS Mayor Pitts wished Happy Birthday to Fire Chief Mike Roberts, Transportation Director Arthur Bing, and Councilman Richmond. ADJOURNMENT The meeting was adjourned at 8:30 p.m.