City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION MAY 7, 2020 MINUTES IN AN EFFORT TO FACILITATE THE RESPONSE TO THE CORONAVIRUS DISEASE (COVID-19), THIS MEETING WAS CONDUCTED VIA GOOGLE MEETS AND LIVE STREAMED ON CITYOFCLARKSVILLE.COM. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, May 7, 2020, in City Council Chambers, 106 Public Square, Clarksville. This meeting was conducted electronically via Google Meets. A prayer was offered by Councilman Jeff Burkhart. ATTENDANCE Members responded verbally to roll call and participation was recorded as follows: PARTICIPATING: Richard Garrett ( Ward 1; joined late), Vondell Richmond (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman (Ward 5), Wanda Smith (Warad 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) APPROVAL OF ELECTRONIC MEETING “In order to comply with the technical aspects of the Governor’s Executive Order regarding holding open meetings in a forum other than in the open and in public, this governing body determines that meeting electronically is necessary to protect the health, safety, and welfare of its citizens due to the COVID-19 outbreak”  Councilman Richmond made a motion to authorize the electronic meeting. The motion was seconded by Councillady Smith. A voice vote was taken; the motion to authorize conducting this meeting by electronic means passed without objection. ZONING PUBLIC HEARING Councilman Allen made a motion to conduct a public hearing regarding requests for zone change. The motion was seconded by Councilman Henley. A voice vote was taken; the motion passed without objection. Requests to speak regarding requests for zone change were taken in accordance with the Alternative Public Comment Procedure approved by the adoption of RESOLUTION 55-2019-20 on April 21, 2020. ORDINANCE 73-2019-20 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Claudelle B. Wootton Living Trust/William N. Wootton, Robert Mallory-Agent, for zone change on property located at the intersection of Warfield Boulevard and Rossview Road from O-1 Office District to C-2 General Commercial District and R-2 Single Family Residential District No requests were received to speak in support for or in opposition to this application. ORDINANCE 74-2019-20 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Dan Johnson, Todd Morris-Agent, for zone change on property located at the intersection of Powell Road and Ellie Piper Circle from AG Agricultural District to R-1 Single Family Residential District No requests were received to speak in support of this application. Ralph Mackens and Pamela Klomfas spoke in opposition citing dangerous traffic conditions and drainage issues. ORDINANCE 75-2019-20 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of William Peacher, Clear Sky-Agent, for zone change on property located at the intersection of Old Trenton Road, Atlantic Boulevard, West Drive and Nolen Road from R-1 Single Family Residential District to R-5 Residential District No requests were received to speak in support for or in opposition to this application. ORDINANCE 76-2019-20 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reda Home Builders, Inc. for zone change on property located at the intersection of Providence Boulevard and Shelby Street from R-3 Three Family Residential District to C-2 General Commercial District No requests were received to speak in support for or in opposition to this application.  ORDINANCE 77-2019-20 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Welch/Kimbrough, John Hadley-Agent, for zone change on property located at the intersection of Riverside Drive and Dean Drive from C-2 General Commercial District to C-5 Highway & Arterial Commercial District John Hadley spoke is support of this application; there were no requests to speak in opposition. Councilman Garrett made a motion to revert to regular session. The motion was seconded by Councilman Allen. A voice vote was taken; the motion passed without objection. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 73-2019-20​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following roll call 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 recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 74-2019-20​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. Councillady Streetman reminded the Council there was only one access to this development. The following roll call vote was recorded: AYE: Allen, Burkhart, Garrett, Henley, Holleman, Norris NAY: Chandler, Erb, Guzman, 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 75-2019-20​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Henley said a traffic count would be performed to make additional improvements including a turn lane with a different entrance with better visibility. Councilman Allen expressed concern about traffic, but supported construction of a turn lane. Councilanm Chandler noted his opposition to this change because of various traffic issues. The following roll call vote was recorded: AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond NAY: Chandler, Smith, Streetman  The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 76-2019-20​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. The following roll call 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 recommendation of the Regional Planning Staff was for disapproval of ORDINANCE 77-2019-20​; the recommendation of the Regional Planning Commission was for approval. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Chandler. Councilman Chandler felt the change would be appropriate for the marina area. Councilman Allen said this location was fitting for a boat service operation. The following roll call 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. 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 64-2019-20 (Second Reading) Amending the City Zoning Ordinance as it pertains to Historic Overlay District and the appeals process contained therein 2. RESOLUTION 61-2019-20 Approving a Certificate of Compliance for retail liquor sales at Favorite Liquors (2580-B Madison Street) ​CPD: No Criminal History 3. Adoption of Minutes March 31, April 2, April 7, April 14, April 21 Councilman Garrett made a motion to adopt the Consent Agenda as presented; the motion was seconded by Councilman Allen. The following roll call 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. FINANCE COMMITTEE ​Chairman Jeff Burkhart ORDINANCE 72-2019-20 ​(First Reading) Approving a contract authorizing entry and construction between Bristol Ridge Apartments, LLC/William L. Belew, Jr., and the City of Clarksville 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 Allen. The following roll call 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 57-2019-20 ​Initial resolution to refinance $48 million Tennessee Municipal Bond Fund loans The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Allen. The following roll call 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 60-2019-20 ​Authorizing an interlocal agreement between the Tennessee Department of Health and the City of Clarksville (Police Department) relative to sharing of limited personal health information The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Chandler. The following roll call 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 Councillady Guzman shared the following department statistics for March: 500 million gallons treated water, 545 million gallons treated sewage, 4,000+ completed work orders, 275 after-hour calls. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE ​Chairman David Allen Councilman Allen said the committee would meet on May 18th to review the Department’s proposed FY21 budget. PARKS & RECREATION COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman said most events had been cancelled or rescheduled to the COVID-19 pandemic. All indoor facilities were closed, but parks and trails were open for outdoor activities. All water fountains, restrooms, playgrounds and fitness equipment were closed. Swan Lake Golf Course was open with restrictions. Councillady Guzman thanked the Parks & Recreation Department for hosting a “shower-up” event at the Burt-Cobb Center. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley Councilman Henley shared the following department statistics for April: Building & Codes - 2,482 inspections, 150 enforcement cases, 46 single-family permits, 19 multi-family permits, 15 commercial permits; Police - 9,362 responses; Fire Rescue - 840 runs. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler Councilman Chandler said paving in Dalewood Estates, Plantation Estates, and Summerhaven Subdivision was complete and well as portions of Pembrook Estates. Some sidewalk installation was complete in the north area. The Street Department completed 237 work orders including debris removal and storm drain cleaning. Councilman Chandler said City Garage reports indicate a savings of $90,000 in gas and diesel fuel expenses during the COVID-19 pandemic. He and Mayor Pitts expressed appreciation to Garage Supervisor Randy Reese and congratulated him on his upcoming retirement. TRANSPORTATION COMMITTEE ​Chairlady Wanda Smith Councillady Smith shared the following department statistics for April: 38,488 passengers including 2,562 senior citizens and 1,632 demand responses. CTS had entered the demonstration and interview phase of a new hardware and software project which will include real-time bus tracking and online trip reservations. The committee planned to meet on May 18 to review the department’s proposed FY21 Budget and on May 27 for the regular monthly meeting. BELLE GLADE REZONING ORDINANCE 67-2019-20 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Belleglade, LLC, Lewis Whitley-Contact, for zone change on property located at the intersection of Fort Campbell Boulevard and Wallace Boulevard Councilman Garrett made a motion to rescind the previous motion to postpone indefinitely. The motion failed due to lack of a second. No further action was taken on this ordinance. E911/CPD & CFR AGREEMENT  RESOLUTION 54-2019-20 ​(Postponed April 21st) Authorizing an interlocal agreement between Clarksville-Montgomery County 911 Emergency Communications District the City of Clarksville (Clarksville Police Department and Clarksville Fire Rescue) ​ [this resolution was replaced by RESOLUTION 60-2019-20] Councilman Burkhart made a motion to adopt this resolution. The motion failed due to lack of a second. APPOINTMENT OF CHIEF OF POLICE RESOLUTION 59-2019-20 ​Ratifying the Mayor’s appointment of David Crockarell as Chief of Police Councillady Streetman made a motion to adopt this resolution. The motion was seconded by Councilman Garrett. Mayor Pitts recognized Deputy Chief Crockarell who said he was ready to assume the position upon retirement of current Chief of Police Al Ansley and expressed appreciation to the Mayor and City Council for their support. The following roll call 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. APPOINTMENT OF DIRECTOR OF INTERNAL AUDIT RESOLUTION 62-2019-20 Approving appointment of Stephanie Fox a Director of Internal Audit Councilman Henley made a motion to adopt this resolution. The motion was seconded by Councillady Smith. Councilman Henley recognized Stephanie Fox and noted she had been endorsed by the Audit Committee. Ms. Fox thanked the Audit Committee for their support and Mayor Pitts for his recommendation. In response to Councillady Smith’s question, Ms. Fox said she planned to continue performing impactful audits which align with the City’s goals. The following roll call 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. APPOINTMENTS TO BOARD OF EQUALIZATION RESOLUTION 63-2019-20​ Approving appointments to Board of Equalization Syd Hedrick - May 2020 through April 2022 Because this resolution had not been presented during the April 30th Executive Session, Councilman Allen made a motion to consider this ​RESOLUTION  63-2019-20. ​The motion was seconded by Councillady Smith. The following roll call vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to consider this resolution passed with the required 3/4 majority approval. Councillady Guzman made a motion to adopt this resolution. The motion was seconded by Councillady Smith. The following roll call 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. RECREATIONAL VEHICLES IN MOBILE HOME PARKS RESOLUTION 64-2019-20 ​Requesting the Regional Planning Commission to study an acceptable manner to accommodate recreational vehicle (RV) parks in zones compatible with mobile home parks and return an ordinance for consideration by the Clarksville City Council Because this resolution was not presented during the April 30th Executive Session, Councilman Garrett made a motion to consider this resolution. The motion was seconded by Councilman Allen. The following roll call vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to consider this resolution passed with the required 3/4 majority approval. Councilman Garrett made a motion to adopt this resolution. The motion was seconded by Councilman Burkhart. Without objection, Regional Planning Commission Director Jeff Tyndall said the staff had begun the process for developing a use permitted with conditions process to allow recreational vehicles in mobile home park zone classification. The following roll call vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to consider this resolution passed. MAYOR AND COUNCIL MEMBER COMMENTS Mayor Pitts congratulated Councilman Chandler on the birth of his seventh grandchild.  Mayor Pitts thanked the Council for their support in adopting the former local executive orders during the Coronavirus (COVID-19) pandemic which was still ongoing at this time. Tennessee Governor Bill Lee had recently enacted state-wide orders which preempted local government orders. ADJOURNMENT The meeting was adjourned at 8:41 p.m. ADOPTED: June 4, 2020