City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION DECEMBER 5, 2019, 7:00 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA PUBLIC COMMENTS: ● 6:30 p.m. Bishop Anthony Alfred ● 6:35 p.m. Randy Rubel ● 6:40 p.m. Rosanna Vaughn ● 6:45 p.m. Larry Watson ● 6:50 p.m. Bryce Powers ● 6:55 p.m. Billy Hughes 1) CALL TO ORDER ​Mayor Joe Pitts 2) PRAYER James Trotter, Cabin Row Baptist Church; Guest of Councillady Wanda Smith 3) PLEDGE OF ALLEGIANCE ​Mayor Pro Tem David Allen 4) ATTENDANCE ​City Clerk 5) SPECIAL RECOGNITIONS ​Mayor Joe Pitts 6) PLANNING COMMISSION ​Councilman Richard Garrett 1. RESOLUTION 32-2019-20 ​Requesting the Regional Planning Commission Director and Staff to perform a study with regard to creation of a design overlay district for SR76/Dr. Martin Luther King Jr., Parkway ​Councillady Streetman (Finance Committee: Approval) 7) 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 35-2019-20 ​(Second Reading) Authorizing donation of property on Dumas Drive to Habitat For Humanity 2. ORDINANCE 36-2019-20 (Second Reading) Amending the Official Code relative to beer sales hours 3. ORDINANCE 37-2019-20 ​(Second Reading) Amending the FY20 Operating and Capital Budget for Governmental Funds for Frosty Morn building demolition 4. ORDINANCE 38-2019-20 ​(Second Reading) Authorizing extension of utility services for property located on Stacy Lane, request of Syd Hedrick 5. ORDINANCE 39-2019-20 (Second Reading) Authorizing sale of property at 808 S. Riverside Drive to R. Gordon Seay 6. ORDINANCE 41-2019-20 ​(Second 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 7. ORDINANCE 42-2019-20 ​(Second 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 8. ORDINANCE 43-2019-20 ​(Second 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 9. ORDINANCE 44-2019-20 ​(Second 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 10. ORDINANCE 45-2019-20 ​(Second 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 11. ORDINANCE 46-2019-20 ​(Second 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 12. RESOLUTION 33-2019-20 ​Approving appointments to Audit Committee, Human Relations Commission, and Residential Development Commission ● Audit Committee: Dr. Brandon DiPaolo Harrison, Joel Wallace - January 2020 through December 2022 ● Human Relations Commission: Gary Norris - December 2019 through June 2022 ● Residential Development Commission: Jeff Henley - January 2020 through December 2022 13. Adoption of Minutes: October 31, November 7 8) FINANCE COMMITTEE ​Councilman Jeff Burkhart, Chair 1. ORDINANCE 47-2019-20 ​(First Reading) Authorizing transfer of South Second Street property interest to Bikers Who Care, Inc. ​(Finance Committee: Approval) 2. ORDINANCE 48-2019-20 ​(First Reading) Amending the Official Code relative to Firefighter annual leave ​(Finance Committee: Approval) 9) GAS & WATER COMMITTEE ​Councillady Valerie Guzman, Chair 1. Department Report 10)HOUSING & COMMUNITY DEVELOPMENT COMMITTEE ​Mayor Pro Tem David Allen, Chair 1. Department Report 11)PARKS & RECREATION ​Councillady Valerie Guzman, Chair 1. Department Report 12)PUBLIC SAFETY COMMITTEE ​Councilman Jeff Henley, Chair 1. Department Reports 13)STREETS & GARAGE COMMITTEE ​Councilman Tim Chandler, Chair 1. Department Reports 14)TRANSPORTATION COMMITTEE ​Councillady Wanda Smith, Chair 1. Department Report 15) MAYOR AND COUNCIL MEMBER REPORTS NOTE: City Offices closed December 24 and 25 Executive Session: Monday, December 30, 4:30 p.m. City Offices closed January 1 Regular Session: Thursday, January 2, 7:00 p.m. 16) ADJOURNMENT  RESOLUTION 32-2019-20 A RESOLUTION REQUESTING THE REGIONAL PLANNING COMMISSION DIRECTOR AND STAFF TO PERFORM A STUDY WITH REGARD TO CREATION OF A DESIGN OVERLAY DISTRICT FOR S.R.76/DR. MARTIN LUTHER KING, JR. PARKWAY WHEREAS the City Council finds that unfettered development can lead to a host of problems that decrease property values and thus reduce the ad valorem property tax base; and WHEREAS the City Council finds that design overlay districts can lead to the maintenance of, and to an increase in, real property values, and thus to an increase in the ad valorem property tax base, which will help to maintain, sustain, and increase City services without property tax increases; and WHEREAS the City Council finds that design overlay districts greatly enhance the aesthetics of our City by imposing architectural design guidelines and signage standards; and WHEREAS the City Council finds that design overlay district standards can lead to improved traffic safety and interconnectivity between commercial real property tracts, while unfettered commercial property development can lead to traffic gridlock and unsafe streets; and WHEREAS the City Council finds that one particularly fast growing area of the City, specifically State Route 76 / Dr. Martin Luther King, Jr. Parkway, needs to be studied by the Regional Planning Commission with regard to whether a design overlay district should be established thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby requests the Regional Planning Commission Director and staff to conduct a study with regard to creation of a design overlay district for S.R. 76/Dr. Martin Luther King, Jr. Parkway. ADOPTED:  ORDINANCE 35-2019-20 AN ORDINANCE AUTHORIZING DONATION OF 911 DUMAS DRIVE TO HABITAT FOR HUMANITY FOR COMMUNITY DEVELOPMENT WHEREAS, the Community Development Committee was established by the Mayor and City Council to identify community needs and to recommend affordable housing programs for community development and; WHEREAS, Community Development Block Grants help communities provide decent housing, a suitable living environment, expanded economic opportunities, principally for persons of low and moderate income; and WHEREAS, Housing and Urban Development awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development and providing improved community facilities and services; and WHEREAS, the Office of Community and Economic Development proposes to have the city donate property located at 911 Dumas Drive (Map, Group and Parcel 79D-F-1900) for the purpose of donating it to Habitat for Humanity of Montgomery County, Tennessee, Inc.; and WHEREAS, providing housing for low-income families is consistent with the goals and objectives of the Community Development Block Grant program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby authorizes donation of property known as 911 Dumas Drive to Habitat for Humanity of Montgomery County, Tennessee, Inc. FIRST READING: ​November 7, 2019 SECOND READING:​ ​Scheduled for December 5, 2019 EFFECTIVE DATE:  EXHIBIT “A” Being Lot No. 2 of the James W. Russell Property, according to plat of record in Plat Book 6, Page 7, of the Register’s Office of Montgomery County, Tennessee, and more particular described as follows: Beginning at a point on the east side of Dumas Drive, said point being 245 feet south of Daniel Street; thence with the east margin of said street south 0 degrees 13 minutes east 50 feet; thence north 89 degrees 00 minutes west 163.6 feet to the point; thence north 0 degrees 13 minutes west 50 feet to a point; thence south 89 degrees 00 minutes east 163.6 feet to a point of beginning. Being the same property conveyed to Emma Ferguson by deed of record in Deed Book 130, Page 526, in the Register’s Office for Montgomery County, Tennessee. The property is further identified as tax parcel #79D-F-1900 in the Montgomery County Tax Assessor’s Office  ORDINANCE 36-2019-20 AN ORDINANCE AMENDING PART II (CODE OF ORDINANCES), TITLE 2 (ALCOHOLIC BEVERAGES), CHAPTER 1 (BEER) OF THE OFFICIAL CODE OF THE CITY OF CLARKSVILLE RELATIVE TO BEER SALES HOURS WHEREAS​, currently, pursuant to state law, liquor and wine may be purchased on Sundays starting at 10:00 a.m.; and WHEREAS, currently, pursuant to the City Code Section 2-122, beer may not be sold within the City on Sundays between the hours of 3:00 a.m. and 12:00 p.m.; and WHEREAS, the City Council has determined that it is appropriate to amend the Official Code of Ordinances of the City of Clarksville to allow beer sales from 10:00 a.m. onward on Sundays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: (1) That the Official City Code, Title 2 (Alcoholic Beverages), Chapter 1 (Beer), Section 2-122 (Hours of sale; consumption on premises), is hereby amended by deleting said section in its entirety and substituting therefore the following new Section 2-122: Section 2-122. Hours of sales; consumption on licensed premises. It shall be unlawful and a violation of this Code for any person to sell or distribute beer within the city between the hours of 3:00 a.m. and 6:00 a.m. Monday through Saturday, and between the hours of 3:00 a.m. and 10:00 a.m. on Sundays. Beer shall not be consumed on or about the premises of a permittee, in either bottle, glass, or other container, or opened for consumption, after 3:15 a.m., except as permitted herein. FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE:  ORDINANCE 37-2019-20 AN ORDINANCE AMENDING THE 2019-20 OPERATING AND CAPITAL BUDGET (ORDINANCE 76-2018-19) FOR THE GOVERNMENTAL FUNDS IN THE AMOUNT OF $1,200,000 FOR THE CREATION OF A NEW CAPITAL PROJECT FOR FROSTY MORN DEMOLITION WHEREAS, the City took ownership of the Frosty Morn property by default in a tax sale in 2013; and WHEREAS​, the City has submitted ESA Phase 1 and 2 in an effort to secure Federal Brownfield cleanup grants to no avail; and WHEREAS​, the City believes it is in the best interest to create a capital project to demolish the old Frosty Morn meat packing plant; and WHEREAS, the City believes the property, once demolished, will be of greater interest and value to a commercial/industrial business; and WHEREAS, funding sources have been identified to offset the cost of demolition from the following​: ● Sale of parcels in the Industrial Park reimbursed by IDB - $392,448 ● Sale of the Waterworks building - $155,000 ● Excess funds budgeted in the Pedestrian Bridge project – $300,000 ● Transfer from Athletic Complex $352,552 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: The following budget amendment be made: Capital Projects Fund Create Capital Project # 20101 – Frosty Morn Demolition Revenue: 4041000 39150 Transfer in from General Fund Increase: $547,448 Expense: 40450003 4450 20101 Construction Services Increase: $547,448 40450003 4450 20501 Construction Services Decrease: $300,000 40450003 4450 16503 Construction Services Decrease: $352,552 40450003 4450 20101 Construction Services Increase: $652,552 General Fund Expenditure: 4041000 33430 Transfer to Capital Projects Fund Increase $547,448 BE IT FURTHER ORDAINED ​Funding for this capital project comes from the various sources listed above. FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE:  ORDINANCE 38-2019-20 AN ORDINANCE AUTHORIZING EXTENSION OF CITY OF CLARKSVILLE UTILITY SERVICES OUTSIDE THE CLARKSVILLE CITY LIMITS FOR PROPERTY LOCATED ON STACY LANE; REQUEST OF SYD HEDRICK WHEREAS, proper application has been made by Syd Hedrick for extensions of City utility service to property located at Cmap 081N, Parcel 1.00 and 2.00 with the property address of Stacy Lane outside the corporate boundary of the City, said property and the extension of service thereto, which is more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City of Clarksville Gas and Water Department has recommended approval of said application; and WHEREAS, the Gas, Water and Sewer Committee of the Clarksville City Council has recommended approval of said application; and WHEREAS, the Clarksville City Council finds that all of the requirements of City Code Section 13-405 have been or are satisfied and the extension of water and sewer service to property as described in Exhibit A will be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the City of Clarksville Gas, Water and Sewer Department is hereby authorized to extend utility service to property located at Cmap 081N, Parcel 1.00 and 2.00 with the property address of Stacy Lane outside the City corporate limits as described in Exhibit A attached hereto and incorporated herein and subject to and in accordance with the provisions of the City Code and Ordinance 37-2009-10. FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE EXHIBIT A  ORDINANCE 39-2019-20 AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY AT 808 S. RIVERSIDE DRIVE TO R. GORDON SEAY WHEREAS, The City of Clarksville has previously purchased property located at 808 S. Riverside Drive (Map & Parcel 66-B-A-40), for the purpose of qualifying for a Corps of Engineers grant in connection with a project to stabilize the river bank behind said property, the deed to said property and legal description begin attached hereto as Exhibit A; and WHEREAS, The City of Clarksville no longer has a use for the property and the City desires to sell said property and return it to the tax rolls; and WHEREAS, Mr. R. Gordon Seay has expressed an interest in purchasing said real property for the sum of One Hundred Fifty-Five Thousand and 00/100 Dollars (155,000.00) as in accordance with Exhibit B attached hereto; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE; That the Clarksville City Council hereby authorizes the sale of property more particularly described in Exhibit A, attached hereto, to R. Gordon Seay for the sum of One Hundred Fifty-Five Thousand and 00/100 Dollars (155,000.00). FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE:  ORDINANCE 41-2019-20 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned O-1 Office District, as R-4 Multiple Family Residential District. PUBLIC HEARING: November 7, 2019 FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 362 +/- feet west of the centerline of the Professional Park Drive & Stowe Court intersection, said point being the northwest corner of the Kris A. Kasberg property, thence in a southerly direction 303 +/- feet with the western boundary of the Kasberg property to a point, said point being in the northern boundary of the Steve McMorran property, thence in a westerly direction 315 +/- feet with the northern boundary of the McMorran property & others to a point, said point being in the eastern boundary of the Montgomery County property, thence in a northerly direction with the eastern boundary of the Montgomery County property 216 +/- feet to a point, thence in a northeasterly direction 279 +/- feet with the eastern boundary of the Montgomery County property to a point, said point being in the southern right of way margin of Stowe Court, thence in a northerly direction 62+/- feet across Stowe Court right of way to a point, said point being in the eastern boundary of the Montgomery County property and the northern right of way margin of Stowe Court, thence in a northwesterly direction 237 +/- feet with the eastern boundary of the Montgomery County property to a point, said point being the southeast corner of the Donny Ray Plaster property, thence in a northerly direction 106 +/- feet to a point, said point being the southwest corner of the Clarksville Long Term Facility Inc. property, thence in a easterly direction 410 +/- feet to a point, said point being the northwest corner of the Youth Villages Inc. property, thence in a southerly direction 230 +/- feet to a point, said point being the southwest corner of the Youth Villages Inc. property & also being in the northern right of way margin of Stowe Court, thence in a southwesterly direction 114 +/- feet across the Stowe Court right of way to the point of beginning, said herein described tracts containing 3.73 +/- acres, further identified as current Tax Map 4-G-A, Parcel(s) 9.00 & 11.00  ORDINANCE 42-2019-20 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned C-4 Highway Interchange District, as C-2 General Commercial District. PUBLIC HEARING: November 7, 2019 FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 523 +/- feet south of the Hornbuckle Road & Holly Point intersection, said point further identified as the southwest corner of the Nathan L. Hicks property, thence in a easterly direction 492 +/- feet with the southern property boundary of the Nathan L. Hicks property to a point, said point being the northwest corner of the Boyd A Reuther & Demetra G Family LTD Partnership property, thence in a southerly direction 840 +/- feet with the western boundary of the Boyd A Reuther & Demetra G Family LTD Partnership to a point, said point being in the northern boundary of the Exit 11 Properties property, then in a westerly direction 133 +/- feet with the northern boundary of the Exit 11 Properties to a point, said point being in the eastern right of way margin of Hornbuckle Road, then in a northwesterly & northerly direction 918 +/- feet with the eastern right of way margin of Hornbuckle Road to the point of beginning, said herein described tract containing 7.38 +/- acres, further identified as current Tax Map 63, Parcel 22.00.  ORDINANCE 43-2019-20 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned RM-1 Single Family Mobile Home Residential District, as R-2D Two Family Residential District. PUBLIC HEARING: November 7, 2019 FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 709 +/- feet north of the centerline of the Evans Road & Garrettsburg Road intersection, said point further identified as northeast corner of the Steven A. Emett property thence in a westerly direction 182 +/- feet with the northern boundary of the Steven A. Emett property to a point, said point being in the eastern boundary of the James Blue Jr. property, thence in a northeasterly direction 35 +/- feet & a northwesterly direction 61 +/- feet with the eastern boundary of the James Blue Jr. property to a point, said point being the southwest corner of the Ronnie Ganoe property, thence in a easterly direction 234 +/- feet with the southern boundary of the Ronnie Ganoe property to a point, said point being in the western right of way margin of Evans Road, thence in a southerly direction 95 +/- feet to the point of beginning, said tract herein containing 0.39 +/- acres, further identified as current Tax map 29-M-A, Parcel 32.00  ORDINANCE 44-2019-20 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned R-3 Three Family Residential District, as R-6 Single Family District. PUBLIC HEARING: November 7, 2019 FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE: EXHIBIT A Beginning at the intersection of High Street & Shelton Street, thence south 83 degrees 18 minutes 02 seconds east 194.46 feet to the new iron pin set and the point of beginning; thence with the right of way of High Street 88 degrees 00 minutes 00 seconds east 114.00 feet to a new iron pin set; thence with the right of way of Cumberland Drive south 20 degrees 01 minute 22 seconds west 47.06 feet to a new iron pin set, thence with the right of way of Cumberland Drive south 21 degrees 23 minutes 05 seconds west 34.18 feet to a new iron pin set; thence with the right of way of Cumberland Drive south 22 degrees 25 minutes 00 seconds west 34.34 feet to a new iron pin set; thence south 70 degrees 27 minutes 04 seconds west 81.21 feet to a new iron pin set, thence north 01 degree 45 minutes 31 seconds east 139.00 feet to the point of beginning, said herein described tract containing 0.27 +/- acres, further identified as current Tax Map 66-N-C, Parcel 4.00.  ORDINANCE 45-2019-20 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned AG Agricultural District, as R-2 Single Family Residential District, C-2 General Commercial District, and C-5 Highway & Arterial Commercial District. PUBLIC HEARING: November 7, 2019 FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE: EXHIBIT A C-2 (25.83 Acres +/-) North 81 Degrees 38 Minutes 11 Seconds West 885.82 feet to a point; thence North 08 Degrees 51 Minutes 46 Seconds East 715.67 feet to a point; thence South 83 Degrees 30 Minutes 47 Seconds East 1581.96 feet to a point; thence South 07 Degrees 06 Minutes 45 Seconds West 534.56 feet to a point; thence South 68 Degrees 37 Minutes 24 Seconds West 164.37 feet to a point; thence with a curve turning to the right with an arc length of 596.93', with a radius of 1150.00', with a chord of South 83 Degrees 29 Minutes 36 Seconds West 590.25' to the point of beginning and containing an area of 25.83 acres. C-5 (16.81 Acres +/-) North 08 Degrees 51 Minutes 46 Seconds East 300.01 feet to a point; thence South 81 Degrees 38 Minutes 11 Seconds East 885.82 feet to a point; thence thence with a curve turning to the left with an arc length of 596.93', with a radius of 1150.00', with a chord of North 83 Degrees 29 Minutes 36 Seconds East 590.25' feet to a point; thence North 68 Degrees 37 Minutes 24 Seconds East 164.37 feet to a point; thence North 07 Degrees 06 Minutes 45 Seconds East 534.56 feet to a point; thence South 83 Degrees 30 Minutes 47 Seconds East 299.54 feet to a point; thence South 07 Degrees 15 Minutes 12 Seconds West 709.95 feet to a point; thence South 68 Degrees 40 Minutes 58 Seconds West 365.40 feet to a point; thence with a curve turning to the right with an arc length of 737.98', with a radius of 1423.88', with a chord of South 83 Degrees 31 Minutes 50 Seconds West 729.75' to a point; thence North 81 Degrees 37 Minutes 17 Seconds West 880.21 feet to the point of beginning and containing an area of 16.81 acres. C-5 (5.22 Acres +/-) North 81 Degrees 40 Minutes 50 Seconds West 733.77 feet to a point; thence South 08 Degrees 42 Minutes 32 Seconds West 149.02 feet to a point; thence South 19 Degrees 55 Minutes 03 Seconds West 154.13 feet to a point; thence South 81 Degrees 40 Minutes 50 Seconds East 798.25 feet to a point; thence North 02 Degrees 08 Minutes 23 Seconds East 301.75 feet to the point of beginning and containing an area of 5.22 acres. C-5 (10.56 Acres +/-) North 68 Degrees 40 Minutes 58 Seconds East 515.41 feet to a point; thence with a curve turning to the right with an arc length of 301.17', with a radius of 1587.92', with a chord of North 74 Degrees 06 Minutes 58 Seconds East 300.72' to a point; thence South 83 Degrees 59 Minutes 35 Seconds East 158.23 feet to a point; thence South 81 Degrees 06 Minutes 45 Seconds East 537.75 feet to a point; thence South 11 Degrees 19 Minutes 27 Seconds West 300.27 feet to a point; thence North 81 Degrees 06 Minutes 45 Seconds West 668.29 feet to a point; thence South 64 Degrees 37 Minutes 21 Seconds West 685.72 feet to a point; thence North 84 Degrees 58 Minutes 00 Seconds West 160.64 feet to a point; thence North 07 Degrees 42 Minutes 52 Seconds East 303.69 feet to the point of beginning and containing an area of 10.56 acres. R-2 (170.33 Acres +/-) South 85 Degrees 02 Minutes 38 Seconds East 570.00 feet to a point; thence North 02 Degrees 10 Minutes 03 Seconds East 615.00 feet to a point; thence North 64 Degrees 37 Minutes 21 Seconds East 685.72 feet to a point; thence South 81 Degrees 06 Minutes 45 Seconds East 668.29 feet to a point; thence South 11 Degrees 19 Minutes 27 Seconds West 386.13 feet to a point; thence South 40 Degrees 04 Minutes 49 Seconds West 876.61 feet to a point; thence South 36 Degrees 58 Minutes 58 Seconds West 1176.33 feet to a point; thence South 02 Degrees 10 Minutes 17 Seconds West 254.08 feet to a point; thence South 00 Degrees 27 Minutes 34 Seconds East 233.51 feet to a point; thence South 03 Degrees 13 Minutes 25 Seconds West 92.10 feet to a point; thence South 08 Degrees 39 Minutes 11 Seconds West 241.89 feet to a point; thence North 83 Degrees 23 Minutes 40 Seconds West 700.00 feet to a point; thence South 07 Degrees 29 Minutes 04 Seconds West 1285.95 feet to a point; thence North 37 Degrees 05 Minutes 00 Seconds West 3140.34 feet to a point; thence North 17 Degrees 37 Minutes 22 Seconds East 203.53 feet to a point; thence North 24 Degrees 13 Minutes 59 Seconds East 279.65 feet to a point; thence North 22 Degrees 09 Minutes 42 Seconds East 300.69 feet to a point; thence North 24 Degrees 38 Minutes 13 Seconds East 208.37 feet to a point; thence North 35 Degrees 33 Minutes 33 Seconds East 251.47 feet to a point; thence South 74 Degrees 38 Minutes 46 Seconds East 28.37 feet to a point; thence North 19 Degrees 55 Minutes 03 Seconds East 185.47 feet to a point; thence South 81 Degrees 40 Minutes 50 Seconds East 798.25 feet to a point; thence South 02 Degrees 08 Minutes 23 Seconds West 462.69 feet to a point; thence South 81 Degrees 40 Minutes 50 Seconds East 900.00 feet to a point; thence North 02 Degrees 10 Minutes 16 Seconds East 160.68 feet to the point of beginning and containing an area of 170.33 acres.  ORDINANCE 46-2019-20 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned M-2 General Industrial District, as R-1 Single Family Residential District. PUBLIC HEARING: November 7, 2019 FIRST READING: November 7, 2019 SECOND READING: Scheduled for December 5, 2019 EFFECTIVE DATE: EXHIBIT A Commencing at an existing iron pin in the south boundary line of the Irene B. Barker property said pin being the northeast corner of the Hillcrest Baptist Church property and the northwest corner of the Eubank LLC property, said pin being located at TENNESSEE STATE PLANE COORDINATES (NAD 83) N+809855.81, E+1555267.58; Thence leaving said south boundary of the Barker property and the west line of said Eubank LLC property, South 05 degrees, 06 minutes, 37 seconds east 238.73 feet to a point, said point being the northeast corner of the herein described tract and the true point of description for this tract; Thence continuing with said Eubank LLC property, south 05 degrees, 06 minutes, 37 seconds east 140.00 feet to an existing 5/8" rebar disturbed, said rebar being the southeast corner of the herein described tract; thence continuing with said Eubank LLC property and the James C. Sheppard property, north 88 degrees, 21 minutes, 27 seconds west 295.18 feet to an existing iron pin, thence continuing with said Sheppard property, north 77 degrees, 56 minutes, 35 seconds west 169.26 feet to a 1 1/2" pipe, said pipe being the southeast corner of the Hillcrest Baptist Church property and the William Evans property, said pipe also being the southwest of the Hillcrest Baptist Church property and the herein described tract, thence leaving said Sheppard & Evans properties and with the east boundary line of the Hillcrest Baptist Church property north04 degree, 37 minutes, 47 seconds west 133.00 feet to a point; thence leaving said Hillcrest Baptist Church property and with the current zoning line dividing said property into two zoning districts (R-1 & M-2), south 85 degrees 23 minutes, 51 seconds east 460.33 feet to the point of beginning, containing 1.53 +/- acres, further identified as a portion of current Tax Map 54-F-A, Parcel 16.00.  RESOLUTION 33-2019-20 A RESOLUTION APPROVING BOARD APPOINTMENTS TO THE AUDIT COMMITTEE, HUMAN RELATIONS COMMISSION, AND RESIDENTIAL DEVELOPMENT COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves the following board appointments: Audit Committee: Dr. Brandon DiPaolo Harrison, Joel Wallace - January 2020 through December 2022 Human Relations Commission: Gary Norris - December 2019 through June 2022 Residential Development Commission: Jeff Henley - January 2020 through December 2022 ADOPTED:  CLARKSVILLE CITY COUNCIL SPECIAL SESSION OCTOBER 31, 2019 MINUTES CALL TO ORDER A special session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, October 31, 2019, at 4:30 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Councilman Vondell Richmond; the Pledge of Allegiance was led by Councilman Jeff Jenley. ATTENDANCE PRESENT: Richard Garrett (Ward 1), Vondell Richmond (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Wanda Smith (Ward 6), Travis Holleman (Ward 7), David Allen (Mayor Pro Tem, Ward 8; arrived 4:32 p.m.), Jeff Henley (Ward 9), Stacey Streetman (Ward 10), Gary Norris (Ward 11), Jeff Burkhart (Ward 12) ABSENT: Valerie Guzman (Ward 5) STATE OF EMERGENCY RESOLUTION 31-2019-20 ​Declaring a state of emergency to continue severe weather recovery efforts Mayor Pitts said this request was being made to extend the emergency purchase time frame beyond seven days. He said some areas of the city were severely damaged with loss of power, electric lines, and downed trees and several weeks would be necessary for full recovery. 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, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. ADJOURNMENT The meeting was adjourned at 4:34 p.m.  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.  ORDINANCE 47-2019-20 AN ORDINANCE AUTHORIZING TRANSFER OF SOUTH SECOND STREET PROPERTY INTERESTS TO BIKERS WHO CARE, INC., A TENNESSEE NON-PROFIT CORPORATION WHEREAS, pursuant to Resolution 27-2002-03, the City Council of the City of Clarksville, Tennessee previously authorized the conveyance of certain real property located at South Second Street and having a map, group and parcel number of 66K-H-16.00 (said property hereinafter referred to as, the “Second Street Property”) to Bikers Who Care, Inc., a Tennessee non-profit corporation (hereinafter from time to time, “BWC”); and WHEREAS, in accordance with said Resolution, the City of Clarksville did subsequently convey the Second Street Property to BWC via execution and delivery of a Warranty Deed (dated July 28, 2003, of record at Vol. Book 916, P. 2039, Register’s Office for Montgomery County, Tennessee) “subject to the condition subsequent that this realty conveyed be used for park purposes, generally similar to those described in the schematic representation of ‘Little Buddy Park’, prepared by Lyle-Cook-Martin Architects”; and WHEREAS, in said Warranty Deed, the City of Clarksville expressly reserved, and now continues to hold, a right to re-enter the Second Street Property and re-take title thereto, in the event BWC ceases to use said property for such park purposes; and WHEREAS, BWC now desires to convey the Second Street Property to a local non-profit organization, [insert name of organization], for the express purpose of constructing small homes on the Second Street Property; and WHEREAS​, the City Council enthusiastically endorses the aforementioned use of the Second Street Property;​ ​and WHEREAS, the City of Clarksville, to assist BWC with accomplishing the aforementioned objective of utilizing the Second Street Property now desires to convey unto BWC, and to otherwise completely release and relinquish, any and all rights and interests the City presently holds in the Second Street Property, to include the City’s aforementioned right to re-enter the Second Street Property and re-take title thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the City of Clarksville is hereby authorized to transfer all of its remaining interests in the Second Street Property (said property having a map, group and parcel number of 66K-H-16.00) to Bikers Who Care, Inc. and, more specifically, the City of Clarksville is authorized to execute and deliver a quitclaim deed or other such necessary instrument(s) conveying unto Bikers Who Care, Inc., without any reservations whatsoever, all of the rights, title and interests the City of Clarksville presently holds in the Second Street Property, to include any right to re-enter and re-take title thereto. FIRST READING: SECOND READING: EFFECTIVE DATE: 2  ORDINANCE 48-2019-20 AN ORDINANCE PERTAINING TO FIREFIGHTER ANNUAL LEAVE WHEREAS​, Section 1.5-601. Annual Leave. ​pertains to annual leave for City employees, and sub-section f. thereof contains special provisions with regard to firefighter shift employees; and WHEREAS, the City Council finds that firefighter annual leave should be computed on a fairer basis for the benefit of the entire department and the City generally, and that the City Code pertaining to firefighter annual leave should be amended accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: (1) That ​Title 1.5 (Human Resources)​, ​Chapter 6 (Leave)​, ​Section 1.5-601 (Annual Leave) of the ​Official City Code should be and is hereby amended by deleting sub-section f. thereof in its entirety, and substituting therefore a new sub-division f. as follows: Section 1.5-601. Annual Leave. f.​Utilization of accrued annual leave by fire department shift employees​ . Fire department shift employees shall be credited with total anticipated annual leave for the entire year on January 1 of each calendar year, regardless of length of service or anniversary date, except as otherwise provided in sub-part f.(3) herein below. Annual leave for fire department twenty-four (24) hour shift employees shall be accrued (meaning “earned”) on a monthly basis from the effective date of the employee’s appointment, at the rate of twelve (12) working hours of annual leave for each full month of employment. Annual leave will be utilized by fire department personnel in accordance with departmental Standard Operating Procedures and considering the factors of seniority, position, minimum staffing, and available slots. No annual leave shall be granted that will reduce fire department staffing below required levels. (1) Annual leave may be accrued to a maximum of three hundred sixty (360) hours for twenty-four (24) hour shift employees. Any 24-hour-shift employee having completed ten (10) or more years of service shall be eligible to receive twelve (12) additional hours of annual leave per year for each year of service completed over ten (10) years. However, on an employee's anniversary date, should his or her total earned annual leave exceed three hundred sixty (360) hours for the 24-hour-shift employee, the additional leave will be added to that employee's annual sick leave eligibility so the excess earned annual leave shall not be lost.  (2) A twenty-four (24) hour shift employee shall relinquish one (1) hour of annual leave for each hour that employee is absent from duty on authorized annual leave, regardless of the employee's work schedule. (3) If an employee's employment is terminated for any reason, including retirement, the employee shall be paid for the balance of any annual leave hours earned and not utilized, not to exceed three hundred sixty (360) hours for the twenty-four (24) hour shift employee. Any leave hours utilized in excess of earned hours shall be deducted from the employee’s final pay. (2) This Ordinance amending ​subsection f. of ​Section 1.5-601 shall take effect starting August 1, 2020, and shall apply to all firefighter shift personnel thereafter. FIRST READING: SECOND READING: EFFECTIVE DATE: