City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION AUGUST 6, 2020 MINUTES PUBLIC COMMENTS: Jesse Reynolds encouraged the City Council to support the proposed short term rental ordinance (ORDINANCE 1-2020-21). Susan Reynolds had requested to speak, but was not present. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, August 6, 2020, at 7:00 p.m. in City Council Chambers. A prayer was offered by Councilman Ron Erb; the Pledge of Allegiance was led by Councilman Jeff Henley. ATTENDANCE IN PERSON: Richard Garrett (Ward 1), Vondell Richmond (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman (Ward 5), 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) VIA GOOGLE MEETS: Wanda Smith (Ward 6) 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.”  Councillady Smith made a motion to authorize this meeting to be held by electronic means. 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 authorize the electronic meeting unanimously passed. TENNESSEE TRIUMPH STATUE Mayor Pitts invited the public to the unveiling of the Tennessee Triumph statue on Public Square on August 15th commemorating the 100th anniversary of ratification of the 19th Amendment giving women the right to vote. He, jointly with Montgomery County Mayor Jim Durrett, proclaimed August 18, 2020, as “Tennessee Women's Suffrage Centennial Day” in Clarksville and Montgomery County. ZONING POSTPONED ORDINANCE 5-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Wm. Hoosier, Todd Morris-Agent, for zone change on property located at the terminus of Prewitt Lane from AG Agricultural District to R-1 Single Family Residential District The public hearing for this application was held during the July 2, 2020 regular session and action was postponed to this meeting. The recommendations of the Regional Planning Staff and Commission were for approval. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. Councilman Norris said the developer had agreed to make improvements to Prewitt Road and noted the site review process would satisfy traffic concerns. Councilman Chandler said 115 homes would definitely increase traffic in the immediate area. The following vote was recorded: AYE: Allen, Burkhart, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Chandler, Erb The motion to adopt this ordinance on first reading passed. ZONING PUBLIC HEARING Councilman Garrett made a motion to conduct a public hearing to receive comments regarding requests for zone change. The motion was seconded by Councilman Holleman. There was no objection. ORDINANCE 9-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Carol Stevens, Derrick Stevens-Agent, for zone change on property located at the southern terminus of West Thompkins Lane from R-1 Single Family Residential District to R-3 Three Family Residential District There were no requests to speak in support of or in opposition to this application. ORDINANCE 10-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Faith Investments ℅ Chris Blackwell for zone change on property located at the intersection of North Whitfield Road and Needmore Road from AG Agricultural District to R-4 Multiple Family Residential District There were no requests to speak in support of or in opposition to this application. ORDINANCE 11-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Joe Roberts, Cal McKay/Burchett & Company-Agent, for zone change on property located at the intersection of Old Ashland City Road and Martha Lane from R-3 Three Family Residential District to R-6 Single Family District Bryce Powers said the existing single family home on the property previously destroyed by flooding would be demolished to allow for construction of six or seven new homes, thus retaining the single family use along the roadway. There were no requests to speak in opposition to this application. ORDINANCE 12-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Syd Hedrick, Syd Hedrick-Agent, for zone change on property located at the intersection of Greenwood Avenue and Woodmont Boulevard from R-3 Three Family Residential District to R-6 Single Family Residential District and R-4 Multiple Family Residential District Syd Hedrick said this split zoning would allow a single family development along the road frontage and a multiple family development on the rear of the property. He said both would provide affordable housing for the area. There were no requests to speak in opposition to this application. ORDINANCE 13-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mary Davis Holt, Bobby Powers/Greenspace Partners-Agent, for zone change on property located at the intersection of Ashland City Road and Avondale Drive from C-5 Highway & Arterial Commercial District to R-6 Single Family Residential District and R-2 Single Family Residential District Bryce Powers said the applicant was requesting residential zoning to compliment the current development across from this property and noted a newly constructed turn lane would assist in traffic control for this 76-lot development. There were no requests to speak in opposition to this application. ORDINANCE 14-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mary Davis Holt, Bobby Powers/Greenspace Partners-Agent, for zone change on property located at the intersection of Ashland City Road and Avondale Drive from R-1 Single Family Residential District to C-2 General Commercial District Bryce Powers said this rezoning would extend the existing commercial zones on the 41-A Bypass and said the developer would be working around severe topography. There were no requests to speak in opposition to this application. ORDINANCE 15-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Luke Baggett, Syd Hedrick-Agent, for zone change on property located at the intersection of Seven Mile Ferry Road and Edmondson Ferry Road from C-2 General Commercial District and R-1 Single Family Residential District to R-6 Single Family Residential District Syd Hedrick said the residential zones would allow six or seven lots for homes priced from $175,000 to $185,000. There were no requests to speak in opposition to this application. ORDINANCE 16-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of River Chase Marine Terminal, LLC for zone change on property located at the intersection of Ashland City Road and Beacon Drive from R-4 Multiple Family Residential District to R-2A Single Family Residential District There were no requests to speak in support of or in opposition to this application. ORDINANCE 17-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Re4e Holdings, LLC, for zone change on property located at the intersection of Lafayette Road and Lillie Belle Lane from R-1 Single Family Residential District to R-6 Single Family Residential District  Syd Hedrick said the R-6 zone classification is the best use for this property which is appropriate for infill development. Eric Yow said three single family affordable homes would be constructed on the 4.6 acres along the road frontage. There were no requests to speak in opposition to this application. Councilman Garrett made a motion to revert to regular session. The motion was seconded by Councilman Richmond. There was no objection. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 9-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. Councilman Chandler said the City is responsible for the condition of West Thompkins Lane. Councilman Richmond noted the applicant had proposed to construct a turn-around as requested by Clarksville Fire Rescue. Councilman Garrett said the owner of this property also owns adjoining properties. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Henley, Norris, Pitts, Richmond, Smith, Streetman NAY: Guzman, Holleman The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for disapproval of ​ORDINANCE 10-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. Councilman Allen said the sign indicating the upcoming rezoning was not fully visible because of high grass and made a motion to postpone action to the next regular session to allow surrounding property owners to be made aware of the potential change. 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 postpone action on this ordinance to the next regular session [September 3, 2020] unanimously passed. The recommendation of the Regional Planning Staff was for disapproval of ORDINANCE 11-2020-21​; 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 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 12-2020-21​. 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 13-2020-21​. 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 14-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. 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 ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 15-2020-21​. 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 16-2020-21​. 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 17-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Richmond. Councilman Chandler felt this area was already overdeveloped and said he could not support adding traffic to Lafayette Road. Councilman Garrett said this was a good opportunity for infill development and noted statistics showed a decrease of traffic on Lafayette Road over the past five years. Councilman Burkhart said construction of only three homes would not adversely affect the Lafayette Road traffic. The following vote was recorded: AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Chandler The motion to adopt this ordinance on first reading passed. LAND REGULATION ADVISORY COMMISSION RESOLUTION 12-2020-21 ​Repealing Resolution 60-1992-93 (Residential Development Commission) and approving the formation of the Land Regulation Advisory Committee The recommendation of the Finance Committee was for approval. Councilman Garrett made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously 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 2-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Tupeno Partnership for zone change on property located at the intersection of Martin Luther King, Jr. Parkway, Old Farmers Road, and Wesson Drive, from R-1 Single Family Residential District to R-2 Single Family Residential District 2. ORDINANCE 3-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hayes Property of Clarksville, LP, Daniel Chambers (Quiktrip Corporation)-Agent, for zone change on property located at the intersection of Interstate 24 and Rossview Road (SR237) from AG Agricultural District and R-1 Single Family Residential District to C-4 Highway Interchange District 3. ORDINANCE 4-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Chris Blackwell for zone change on property at the intersection of Edmondson Ferry Road and Edmondson Ferry Court from R-2 Single Family Residential District to R-6 Single Family District 4. RESOLUTION 14-2020-21 ​Approving a Certificate of Compliance for retail liquor sales for Bill’s Package Store (1651 Fort Campbell Boulevard) 5. RESOLUTION 15-2020-21 ​Approving appointments to the Human Relations Commission, Land Regulation Advisory Committee, and Parking Commission ● Human Relations Commission: Pastor Jose Ramon Vazquez - August 2020 through June 2023 ● Land Regulation Advisory Committee: Councilman Richard Garrett, Councillady Wanda Smith - September 2020-August 2022 ● Parking Commission: Ryan Bowie - September 2020 through August 2022 6. Adoption of Minutes: July 2, July 7 Councilman Burkhart made a motion to adopt the Consent Agenda as presented. 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 as presented unanimously passed. FINANCE COMMITTEE ​Chairman Jeff Burkhart ORDINANCE 1-2020-21 (First Reading; Postponed July 2) Amending the Official Code to establish regulations pertaining to short term rentals The recommendation of the Finance Committee was for approval; there was no recommendation from the Public Safety Committee. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Chandler. Councillady Streetman said she proposed these regulations to provide safety for area residents and tenants. Councillady Streetman made a motion [Streetman Amendment #1] to delete Section 5-304(a)(3) in its entirety and by substituting instead the following: (3) ​Local Contact Person(s). A person or persons designated by the Owner who shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (i) being able to respond, as necessary, within forty-five (45) minutes of notification of a complaint regarding the condition, operation, or conduct of occupants of the Short-Term Rental Unit, and (ii) taking remedial action necessary to resolve any such complaints. The Local Contact Person(s) may be the Owner or an Owner’s agent. If not the Owner, the full legal name, residential street and mailing addresses, the e-mail address, and the telephone number of the Local Contact Person(s) shall be provided. The motion was seconded by Councilman Richmond. Councilman Garrett said this could make owners more liable if they cannot be located. Councilman Chandler said owners should assume responsibility to answer any calls or complaints. Councilman Allen felt requiring owners to respond within 45 minutes of a call was an example of government overreach. Councilman Burkhart did not support requiring a physical response. Councilman Richmond said national management companies already have established processes for complaint responses. Councilman Henley called for the question. The question was seconded by Councilman Chandler. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Allen The motion to cease discussion on Streetman Amendment #1 passed. The following vote on the amendment was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Streetman NAY: Allen, Richmond, Smith The motion to adopt Streetman Amendment #1, amending Section 5-304(s)(3), passed. Councillady Streetman made a motion [Streetman Amendment #2] to amend this ordinance by deleting Section 5-311(h), relative to large gatherings, in its entirety and by substituting instead “Reserved.” The motion was seconded by Councilman Holleman. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Allen The motion to adopt Streetman Amendment #2, deleting Section 5-311(h), passed. Councillady Streetman made a motion [Streetman Amendment #3] to amend this ordinance by deleting Section 5-311(k), relative to contact information, in its entirety. The motion was seconded by Councilman Erb. In response to Councillady Guzman’s question, Sgt. Chuck Gill said identifying a short term rental on calls would be subject to Emergency Management noting it would require the information to be entered into the CAD system. Councilman Burkhart, Councilman Chandler, and Councilman Allen objected to posting the contact information on the outside of the property. The following vote was recorded: AYE: Streetman, Pitts NAY: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Richmond, Smith The motion to adopt Streetman Amendment #3, amending Section 5-311(k), failed. Councilman Garrett made a motion [Garrett Amendment #7] to amend this ordinance by deleting Section 5-311(k), relative to contact information, in its entirety and substituting instead “Reserved.” The motion was seconded by Councilman Richmond. Councilman Garrett said this requirement violates an owner’s right to confidentiality. Councilman Henley agreed that posting of contact information should be only on the inside of the home. The following vote was recorded: AYE: Allen, Garrett, Guzman, Holleman, Pitts, Richmond, Smith NAY: Burkhart, Chandler, Erb, Henley, Norris, Streetman The motion to adopt Garrett Amendment #7, deleting Section 5-311(k), passed. Councilman Garrett made a motion [Garrett Amendment #6] to amend this ordinance by deleting Section 5-311(i), relative to signage, in its entirety and substituting instead “Reserved.” The motion was seconded by Councilman Henley. Councilman Chandler, Councillady Streetman, and Councilman Burkhart felt the signs may not comply with the current sign ordinance and might contradict posting of signage on the outside of the property. Councilman Burkhart felt the Board of Zoning Appeals should approve these signs. The following vote was recorded: AYE: Allen, Erb, Garrett, Henley, Holleman, Norris, Richmond, Smith NAY: Burkhart, Chandler, Guzman, Pitts, Streetman The motion to adopt Garrett Amendment #6, deleting Section 5-311(l), passed. RECESS. The Council recessed at 9:03 p.m. and reconvened at 9:10 p.m. Councilman Garrett made a motion [Garrett Amendment #5] to amend ORDINANCE 1-2020-21 by deleting Section 5-311(j), relative to preparation of food, in its entirety and substituting instead “Reserved.” The motion was seconded by Councilman Holleman. Councilman Garrett felt providing food should not be prohibited. Councilman Allen said this section, as proposed, would allow a non-owner to provide food in the short term rental. The following vote was recorded: AYE: Allen, Garrett, Henley, Holleman, Richmond, Smith NAY: Burkhart, Chandler, Erb, Guzman, Norris, Pitts, Streetman The motion to adopt Garrett Amendment #5, deleting Section 5-311(j), failed. Councilman Garrett made a motion [Garrett Amendment #3] to amend this ordinance by deleting Section 5-311(f), relative to business and commercial uses, in its entirety and substituting instead “Reserved.” The motion was seconded by Councilman Richmond. Councilman Chandler and Councilman Norris felt commercial uses of short term rental properties should be approved by the Board of Zoning Appeals. Councilman Garrett and Councilman Richmond said tenants should be allowed to conduct certain business activities on a short-term basis. Councilman Allen said grandfathered short term rental properties would have an advantage over newly permitted properties in this respect. City Attorney Lance Baker noted that zoning laws apply only to property owners and said this section would prohibit a tenant from conducting business. Councilman Richmond expressed concern about enforcement of this section. Councilman Chandler called for the question. The question was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Garrett The motion to cease discussion on Garrett Amendment #3 passed. The following vote on the amendment was recorded: AYE: Allen, Garrett, Richmond, Smith NAY: Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Norris, Pitts, Streetman The motion to adopt Garrett Amendment #3, deleting Section 5-311(f), failed. Councilman Garrett made a motion [Garrett Amendment #2] to amend this ordinance by deleting Section 5-304(a)(7), relative to a notice to surrounding property owners, in its entirety and substituting instead “Reserved.” The motion was seconded by Councilman Richmond. Councillady Streetment said surrounding property owners should be informed of nearby short term rental operations. The following vote was recorded: AYE: Allen, Burkhart, Garrett, Guzman, Henley, Holleman, Richmond, Smith NAY: Chandler, Erb, Norris, Pitts, Streetman The motion to adopt Garrett Amendment #2, deleting Section 5-304(a), passed. Councilman Garrett made a motion [Garrett Amendment #1] to amend this ordinance by deleting Section 5-304(a)(3), relative to local contact person information, in its entirety and substituting instead “Reserved.” The motion was seconded by Councilman Richmond. Councilman Garrett said a local contact person may not be able to respond and some landlords may not be able to afford a 24-hour designated contact person. Councillady Streetman said the landlord can be designated as the contact person. Councillady Guzman called for the question. The question 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 cease discussion on Garrett Amendment #1 unanimously passed. The following vote on the amendment was recorded: AYE: Allen, Garrett, Holleman, Smith NAY: Burkhart, Chandler, Erb, Guzman, Henley, Norris, Pitts, Richmond, Streetman The motion to adopt Garrett Amendment #1, deleting Section 5-304(a)(3), failed. Councillady Streetman made a motion to amend Streetman Amendment #2, previously adopted to delete Section 5-311(h), by adding “Reserved.” The motion was seconded by Councilman Chandler. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to amend Streetman Amendment #2, adding “Reserved,” unanimously passed. Councillady Streetman made a motion [Streetman Amendment #3.1] to amend Section 5-311(k), relative to posting of contact information and previously amended [see Garrett Amendment #7], by deleting “Reserved,” and substituting instead the following language: (k) Contact Information Shall Be Posted. The name and telephone number of the Local Contact Person(s) shall be conspicuously posted within the Short-Term Rental Unit. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Garrett The motion to adopt Streetman Amendment #3.1, amending Section 5-311(k), passed. Councilman Allen felt the short term rental ordinance would not eliminate issues created by tenants and noted these regulations would not apply to properties grandfathered. He felt the City should encourage small business development without far-reaching government rules. Councilman Chandler called for the question on the main motion. The question was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith NAY: Streetman The motion to cease discussion on this ordinance passed. The following vote on the main motion as amended was recorded:  AYE: Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Norris, Pitts, Streetman NAY: Allen, Garrett, Richmond, Smith The motion to adopt this ordinance on first reading passed. ORDINANCE 7-2020-21 ​(First Reading) Repealing ORDINANCE 152-2006-07 establishing the Capital Projects Revenue District and the Capital Improvement Fund The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. RESOLUTION 16-2020-21 Approving the waiver of the City’s subrogation claim related to the OJI death of Jeffrey Prosecky The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. MONTGOMERY COUNTY ELECTION ANNOUNCEMENT Councillady Streetman announced that Jeff Bryant, Street Department Engineer, had just been declared the winner of the election for Montgomery County Highway Supervisor. GAS & WATER COMMITTEE ​Chairlady Valerie Guzman ORDINANCE 6-2020-21 ​(First Reading) Authorizing extension of utility services to 1551 Woodlawn Road; request of Patricia Murphy There was no recommendation from the Gas & Water Department. Councillady Guzman 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. Due to the late hour, Councillady Guzman did not report any details, but said the department had a good activity report. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE ​Chairman David Allen Councilman Allen welcomed Dennis Newburn as the Director of Housing & Community Development. Councilman Allen said the 2020-24 Consolidated Plan and the Substantial Amendment to the 2019-20 Action Plan, including CARES Act funding, was recently submitted to Housing & Urban Development for approval. PARKS & RECREATION COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman said the committee would hold a virtual meeting on August 10th and encouraged the public to visit the department’s website for upcoming events. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley Councilman Henley said the Building & Codes Department recently issued a record 133 single family permits, well above the average of 80 per month. He thanked the Clarksville Police Department and Fire Rescue for their service. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler RESOLUTION 13-2020-21 ​Expressing the sense of the City Council pertaining to a prohibition through traffic regulation, lighting, and/or signage to prevent tractor trailer trucks from turning right from Riverside Drive onto College Street The recommendation of the Street Committee was for approval. Councilman Chandler 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. Councilman Chandler said city-wide paving was underway and the St. Bethlehem sidewalk project was nearing completion. He said Garage expenses were running about $40,000 less per month due to the price of gasoline. DESIGNATIONS COMMITTEE ​Chairman Tim Chandler RESOLUTION 17-2020-21 Approving the honorary designation of Walker Street as “Sharroniese L. Horton Memorial Drive”  The recommendation of the Designations Committee was for approval. Councillady Smith made a motion to adopt this resolution. The motion was seconded by Councilman Richmond. AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. NEW BUSINESS FIREWORKS ORDINANCE 8-2020-21 (First Reading) Amending the Official Code relative to fireworks Councillady Smith made a motion to adopt this ordinance on first reading. The Motion was seconded by Councilman Allen. Councillady Smith said the number of calls to 911 related to fireworks between May 15 and July 11 doubled over 2019. She said this ordinance prohibits fireworks being thrown from vehicles. Councilman Chandler said existing state laws relative to explosion of fireworks should be enforced. 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. ROBINSON V. CITY RESOLUTION 18-2020-21 Approving settlement of the Robinsons and/or Franklin Street Corporation v. City State Court and Federal Court Lawsuits (Postponed July 2) Councilman Allen made a motion to adopt this resolution. The motion was seconded by Councilman Holleman. Regarding a verbal accusation of a possible violation of the Tennessee Sunshine Law, Councilman Allen stated his recent conversations with Councilman Erb and Councilman Chander were of a personal nature, and although the Robinson case was mentioned with regard to the cost to taxpayers, how each intended to vote was not discussed. Mayor Pitts said statements made by these members to the city attorney were of a different nature than what Councilman Allen stated. Councilman Chandler called for a point of order. Mayor Pitts ruled that a motion had been made and seconded to adopt this resolution, but Councilman Allen was offering his statements in an effort to cure any violation of the Sunshine Law. Councilman Allen said he had asked for the law regarding curing a violation, but had not received it. Mayor Pitts said the issue of conversations between members  regarding the proposed short term rental ordinance, as mentioned by Councilman Allen, would be addressed at another time. Councilman Allen said the taxpayers need to be considered with regard to expenses related to the Robinson v. City case and said the City should no longer spend taxpayer’s money to challenge the Court’s previous award to the Robinsons of $800,000. Councilman Norris called for the question. The question 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 cease discussion unanimously passed. The following vote on the main motion was recorded: AYE: Allen, Garrett, Holleman, Richmond, Smith NAY: Burkhart, Chandler, Erb, Guzman, Henley, Norris, Pitts, Streetman The motion to adopt this resolution failed. MAYOR AND COUNCIL MEMBER COMMENTS Due to the late hour, there were no additional comments. ADJOURNMENT The meeting was adjourned at 11:20 p.m. ADOPTED: September 3, 2020