City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION NOVEMBER 7, 2019 MINUTES PUBLIC COMMENTS: Prior to Regular Session, the following individuals addressed the City Council: Justin Hosford, regarding a local “Adult and Teen Challenge” program that supports those fighting drug addiction; Joseph Marklin, regarding hazards of 5G internet and fluoride in drinking water; Jo Ann Latz and Bishop Alfred Anthony, regarding hours for beer sales on Sundays; Amelia Owen, regarding sidewalks at Barkers Mill Elementary School. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, November 7, 2019, at 7:00 p.m. A prayer was offered by Dr. Anderson Grant, guest of Councillady Wanda Smith; the Pledge of Allegiance was led by Councilman Gary Norris. 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), Gary Norris (Ward 11), Jeff Burkhart (Ward 12) SPECIAL RECOGNITIONS Mayor Pitts expressed appreciation to Veterans who were in the audience. Councillady Smith thanked members of the local ministry for their attendance. APPOINTMENT OF DIRECTOR OF TRANSPORTATION RESOLUTION 25-2019-20 Approving appointment of Paul Nelson as Director of Transportation Mayor Pitts said following a rigorous interview process, he was recommending Paul Nelson to be appointed Director of Transportation. Members of the search committee included City Transportation Committee Chair Wanda Smith, City Chief of Staff James Halford, Montgomery County Commissioner Rashidah Leverett, Clarksville-Montgomery County School System Chief of Staff Dr. Angela Huff, Dr. Carol Clark of Austin Peay State University, City Human Resources Director Will Wyatt, and Regional Transportation Authority Director Steve Bland. Councillady Guzman 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, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. Mr. Nelson thanked Mayor Pitts for the nomination and expressed appreciation to the search committee and to the City Council for their approval and support. He thanked former CTS Directors Jimmy Smith and Arthur Bing for their leadership. PUBLIC HEARING Councilman Garrett made a motion to conduct a public hearing to receive comments regarding the proposed growth plan and requests for zone change. The motion was seconded by Councillady Guzman. There was no objection. RESOLUTION 26-2019-20 Ratifying the Clarksville-Montgomery County 2040 Growth Plan and forwarding it to the Tennessee Local Government Planning Advisory Committee for consideration Planning Director Jeff Tyndall briefly reviewed the proposed plan. There were no public comments. ORDINANCE 40-2019-20 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Donald L. Webb, Matthew J. Ellis/Batson Nolan, PLC-Agent, for zone change on property located at the intersection of Charlemagne Boulevard and Sevier Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District There were no comments in support of or in opposition to this request. ORDINANCE 41-2019-20 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Wildwood Partners for zone change on property located at the terminus of Stowe Court from O-1 Office District to R-4 Multiple Family Residential District Bobby Powers offered to answer questions; none were asked. No one expressed opposition to this request. ORDINANCE 42-2019-20 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Chad Byard for zone change on property located at the intersection of Hornbuckle Lane and Highway 76 from C-4 Highway Interchange District to C-2 General Commercial District Chris Byard offered to answer questions; none were asked. No one expressed opposition to this request. ORDINANCE 43-2019-20 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Nick Datillo for zone change on property located at the intersection of Garrettsburg Road and Evans Road from RM-1 Single Family Mobile Home Residential District to R-2D Two Family Residential District There were no comments in support of or in opposition to this request. ORDINANCE 44-2019-20 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ava Homes, LLC (Amber Frederick, Jacqlyn Elliott, Bryan Genwitz) for zone change on property located at the intersection of High Street and Ernest Street from R-3 Three Family Residential District to R-6 Single Family District Jacqlyn Elliott said the company planned to build two single family homes on the property. No one expressed opposition to this request. ORDINANCE 45-2019-20 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ray Darnell Estate, Jeff Burkhart-Agent, for zone change on property located at the intersection of Tiny Town Road and Allen Road from AG Agricultural District to R-2 Single Family Residential District, C-2 General Commercial District, and C-5 Highway & Arterial Commercial District There were no comments in support of or in opposition to this request. ORDINANCE 46-2019-20 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hillcrest Baptist Church, J. Chris Fielder-Agent, for zone change on property located at the intersection of Dover Road and Charlemagne Boulevard from M-2 General Industrial District to R-1 Single Family Residential District  There were no comments in support of or in opposition to this request. Councilman Garrett made a motion to revert to regular session. The motion was seconded by Councilman Holleman. There was no objection. ADOPTION OF 2040 GROWTH PLAN The proposed 2020 Growth Plan was endorsed by the Growth Coordinating Committee and approved by the Finance Committee. Councilman Garrett made a motion to adopt RESOLUTION 26-2019-20. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. ADOPTION OF ZONING The recommendations of the Regional Planning Staff and Commission were for disapproval of ORDINANCE 40-2019-20. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Smith. Councilman Chandler said there was a natural barrier between the residential and commercial properties and felt this change would be an encroachment into the residential neighborhood. The following vote was recorded: NAY: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading failed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 41-2019-20. 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, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 42-2019-20. Councilman Garrett 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, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 43-2019-20. 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, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 44-2019-20. 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, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 45-2019-20. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. Councilman Burkhart stated his intent to abstain from voting on this ordinance because he was a potential buyer of the property. Councilman Chandler stated his intent to abstain from voting on this ordinance because of a personal acquaintance involved in this project. The following vote was recorded: AYE: Allen, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman ABSTAIN: Burkhart, Chandler The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 46-2019-20. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Smith. Councilman Erb stated his intent to abstain from voting on this ordinance because he was a deacon at Hillcrest Baptist Church. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman ABSTAIN: Erb The motion to adopt this ordinance on first reading passed. ORDINANCE 33-2019-20 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reach Holdings, LLC, Stanley Ross-Agent, for zone change on property at the intersection of Bellamy Lane and Carla Court from AG Agricultural District to R-6 Single Family Residential District and R-4 Multiple Family Residential District This ordinance was removed from the original Consent Agenda (below) at the request of Councilman Chandler. Councilman Burkhart made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Henley. Councilman Chandler said the gated access to Civitan Park from the residential area was used only in case of an emergency inside the facility and would not be used for general traffic entering or exiting the park, but an additional 200 vehicles would create more traffic problems. He said more residents would cause low water pressure issues. Councilman Burkhart said sewer services would be provided to the new development and water pressure should be upgraded. In response to Councillady Smith’s question, Councilman Burkhart said sidewalks would be required. The following vote was recorded: AYE: Burkhart, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Allen, Chandler, Erb The motion to adopt this ordinance on second reading passed. CONSENT AGENDA City Clerk 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 22-2019-20 (Second Reading) Amending the Official Code pertaining to drainage, land disturbance, and development activities and stormwater management 2. ORDINANCE 26-2019-20 (Second Reading) Pertaining to advertising, logos, emblems, etc. on city water tanks 3. ORDINANCE 27-2019-20 (Second Reading) Amending the FY20 General Government Operating and Capital Budget and the FY20 Clarksville Transit System Operating and Capital Budget to provide matching funds for three buses and four vans 4. ORDINANCE 28-2019-20 (Second Reading) Amending the FY20 Housing & Community Development Budget to include the 2018 Continuum of Care Program grant transfer from Robertson County 5. ORDINANCE 32-2019-20 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Bristol Ridge Apartments, LLC, for zone change on property south of Highway 76, east of South Gateway Plaza Boulevard, north of Interstate 24, and West of Superior Lane from R-1A Single Family Residential District, C-2 General Commercial District, and AG Agricultural District to C-5 Highway & Arterial Commercial District, R-4 Multiple Family Residential District, and R-1A Single Family Residential District 6. ORDINANCE 33-2019-20 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reach Holdings, LLC, Stanley Ross-Agent, for zone change on property at the intersection of Bellamy Lane and Carla Court from AG Agricultural District to R-6 Single Family Residential District and R-4 Multiple Family Residential District [Removed; See Adoption of Zoning above] 7. ORDINANCE 34-2019-20 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of T & B Properties, Chris Biter and Todd Biter-Agents, for zone change on property located at the intersection of Fort Campbell Boulevard and Durrett Drive from C-5 Highway & Arterial Commercial District to R-4 Multiple Family Residential District 8. RESOLUTION 29-2019-20 Approving appointments to Clarksville Housing Authority and Tree Board ● Clarksville Housing Authority: Sheron Williams - November 2019 through September 2022 ● Tree Board: Brian Beuscher - November 2019 through June 2022 9. Adoption of Minutes: October 3 Councilman Chander requested separate consideration of Item #6, ORDINANCE 33-2019-20 [See Adoption of Zoning above]. Councilman Burkhart made a motion adopt the Consent Agenda with the exception of Item #6. The motion was seconded by Councilman Garrett. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the Consent Agenda, with the exception of Item 6, unanimously passed. FINANCE COMMITTEE Chairman Jeff Burkhart ORDINANCE 35-2019-20 (First Reading) Authorizing donation of property on Dumas Drive to Habitat For Humanity 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 Garrett. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Holleman, Norris, Pitts, Richmond, Smith, Streetman ABSTAIN: Henley The motion to adopt this ordinance on first reading passed. ORDINANCE 37-2019-20 (First Reading) Amending the FY20 Operating and Capital Budget for Governmental Funds for Frosty Morn building demolition 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 Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. ORDINANCE 39-2019-20 (First Reading) Authorizing sale of property at 808 S. Riverside Drive to R. Gordon Seay 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 Erb. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed.  RESOLUTION 27-2019-20 Authorizing an interlocal agreement between with Montgomery County pertaining to the division of 2019 Byrne Justice Assistance Grant fund allocations and the administration and use of such funds 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 Guzman. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. RESOLUTION 28-2019-20 Adopting the City of Clarksville PILOT policy The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Norris. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. RESOLUTION 30-2019-20 Authorizing retirement of Clarksville Police patrol service dog Koda from the K-9 Unit and authorizing donation to Police Officer Keith Jones The recommendations of the Finance Committee and Public Safety Committee were for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Richmond. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. GAS & WATER COMMITTEE Chairlady Valerie Guzman ORDINANCE 38-2019-20 (First Reading) Authorizing extension of utility services for property located on Stacy Lane, request of Syd Hedrick The recommendation of the Gas & Water Committee was for approval. Councillady Guzman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Garrett. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. Councillady Guzman said the committee recently toured the Gas & Water Department office facility. She noted that the department’s standards for malfunctioning meters was higher than industry regulations. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Chairman David Allen Councilman Allen said the Housing & Community Development Office has served 6,134 individuals and 1,070 households through the Continuum of Care grant program. He announced the department’s Consolidated Annual Performance Report had been approved by Housing & Urban Development. PARKS & RECREATION Chairlady Valerie Guzman Councillady Guzman noted upcoming events including the Veterans Day event, Christmas on the Cumberland, and the annual Christmas Parade. PUBLIC SAFETY COMMITTEE Chairman Jeff Henley ORDINANCE 36-2019-20 (First Reading) Amending the Official Code relative to beer sales hours Councilman Henley made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Holleman. Councilman Holleman, sponsor of this legislation, noted that retail liquor stores can sell alcohol and grocery stores can sell wine at 10 a.m. on Sundays. Councillady Smith noted local statistics including 500 DUI citations and 9 fatalities. Councillady Streetman expressed support for the amendment stating that alcoholic beverages were already available at the earlier time. Councilman Richmond felt denying this change would be a step in the right direction in reducing drunk driving. Councilman Chandler said he was not convinced that allowing two additional hours of beer sales would be benefit local citizens. The following vote was recorded: AYE: Allen, Garrett, Guzman, Henley, Holleman, Norris, Streetman NAY: Burkhart, Chandler, Erb, Pitts, Richmond, Smith The motion to adopt this ordinance on first reading passed.  Councilman Henley shared the following monthly department statistics: Building & Codes - 1,288 inspections, 261 enforcement cases, 92 single family permits, 57 abatement work orders; Police - 13,424 responses; Fire Rescue - 1,399 emergency runs. STREETS & GARAGE COMMITTEE Chairman Tim Chandler Councilman Chandler shared the following monthly department statistics: Garage - unleaded fuel $1.79/gallon, diesel fuel $1.98/gallon; Streets - general paving and storm debris removal. TRANSPORTATION COMMITTEE Chairlady Wanda Smith Councillady Smith shared the following monthly department statistics: Clarksville Transit System - 61,508 passengers including 7,333 senior citizens, 3,814 demand responses. She announced the CTS annual food drive allowing citizens to ride free for the month of November with a donation of two canned goods for Manna Cafe. Councillady Smith said a new bus shelter had been constructed on Wilma Rudolph Boulevard. CTS driver Justin Jones was runner up in the 30’ Bus Competition in the recent bus rodeo. MAYOR AND COUNCIL MEMBER REPORTS There were no Mayor or Council member reports. ADJOURNMENT The meeting was adjourned at 8:10 p.m. ADOPTED: December 5, 2019