City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION DECEMBER 3, 2020 MINUTES PUBLIC COMMENTS Prior to the meeting, Monica Meeks said she was mistreated by a city employee while campaigning during early voting; she did state the name of the employee. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, December 3, 2020, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Councilman Jeff Burkhart; the Pledge of Allegiance was led by Councillady Valerie Guzman. This meeting was conducted via Google Meets and live streamed on cityofclarksville.com. 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 approve the electronic meeting. 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 approve the electronic meeting unanimously passed. SPECIAL RECOGNITIONS Mayor Pitts presented a Certificate of Appreciation to outgoing CIty Council members for their service: Ron Erb - Ward 3, Tim Chandler - Ward 4, Valerie Guzman - Ward 5, David Allen - Ward 8, Jeff Henley - Ward 9, Gary Norris - Ward 11, Jeff Burkhart - Ward 12. ZONING PUBLIC HEARING Councilman Garrett made a motion to conduct a public hearing to receive comments regarding the proposed Floodplain Overlay District, requests for zone change and abandonment of property. The motion was seconded by Councillady Guzman. There was no objection. ORDINANCE 48-2020-21 ​(First Reading) Amending the City Zoning Ordinance relative to the Floodplain Overlay District No requests were received to speak for or against this proposed amendment. ORDINANCE 50-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Shelbyvillas, GP, Dana Baggett-Agent, for zone change on property located at the intersection of Providence Boulevard and Shelby Street from R-3 Three Family Residential District to R-6 Single Family Residential District No requests were received to speak for or against this request. ORDINANCE 51-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Raymond Sheppard, Christopher Averitt-Agent, for zone change on property located at the intersection of South Rosewood Drive and Turner Reynolds Court from R-2 Single Family Residential District to R-6 Single Family Residential District Syd Hedrick said the R-6 zoning was appropriate for this location and it would benefit the neighborhood. Don Lawrence felt the change would lower property values and increase traffic problems. He noted two developments were already underway in the area. ORDINANCE 52-2020-21 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Fentress Bryant and Suk Lee-Tennessee Community Property Trust, Reed Baldwin-Agent, for zone change on property located at the intersection of Fort Campbell Boulevard and Lady Marion Drive and east of West Fork Creek from C-5 to R-4 Cal McKay thanked members of the City Council for their service. He offered to answer questions; no questions were asked. Syd Hedrick said this change would provide 120 affordable off-post housing units for military residents. He said the  developer would address Councilman Richmond’s concern about traffic at the nearby intersection at Fort Campbell Boulevard. There were no requests to speak in opposition to this change. RESOLUTION 41-2020-21 ​Approving abandonment of a portion of an alleyway north of Main Street, south of College Street, and west of 8th Street; request of James Corlew, Sr. No requests were received to speak for or against 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 ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 48-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. There was no discussion. 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 50-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Chandler felt this change would improve the area. 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 Saff and Commission were for approval of ​ORDINANCE 51-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. Councilman Allen said R-6 zoning would serve as a buffer for the transition from the commercial to residential uses and said the change could provide for affordable housing. Councilman Garrett said this change would fit the adopted land use plan. Councilman Burkhart felt the R-6 zoning would not decrease the area’s property values. Councilman Chandler and Councilman Holleman said four new homes should not dramatically affect traffic. Councillady Smith said she supported a single-family development as opposed to a multi-family development on this property. Councilman Henely felt the proposed R-6 change would fit well with the existing commercial activities. 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 52-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. Councilman Chandler said the City does not need affordable housing that could create traffic hazards. Councilman Garrett said the developer agreed to create an access for emergency vehicles and felt multi-family was the best use for this property. Councilman Allen said any development at this location would require a left turn onto Fort Campbell Boulevard and said this change would be good for the community as a whole. Councilman Erb was concerned that the exit from the property did not intersect with the existing traffic signal, but felt it would be a good use of the property. Councilman Richmond expressed support for the Regional Planning Staff and Commission’s recommendations for approval. The following vote was recorded: AYE: Allen, Burkhart, Garrett, Guzman, Henley, Holleman, Norris, Richmond, Smith, Streetman NAY: Chandler, Erb, Pitts The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​RESOLUTION 41-2020-21​. Councilman Garrett made a motion to adopt this resolution. 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. 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 40-2020-21 ​(Second Reading) Amending the Official Code relative to adoption of the updated Codes of the International Code Council (Building Code, Gas Code, Plumbing Code, Residential Code, and Mechanical Code) 2. ORDINANCE 41-2020-21 ​(Second Reading) Amending the Official Code reapportioning the City of Clarksville for the purpose of electing persons for the office of city council member for annexed territory off Britton Springs Road near Center Road 3. ORDINANCE 43-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mark Holleman and John Hampel, Houston Smith-Agent, for zone change on property located at the intersection of Golf Club Lane and Colonial Court and the intersection of Paradise Hill Road and Highland Circle from R-1 Single Family Residential District to R-6 Single Family Residential District 4. ORDINANCE 44-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ava Homes, LLC/Amber Frederick, Amber Fredrick and Bryan Gerwitz-Agents, for zone change on property located at the terminus of Dodd Street from R-3 Three Family Residential District to R-6 Single Family Residential District 5. ORDINANCE 45-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Christoper Colburn for zone change on property located at the intersection of North Seven Mile Ferry Road and Ashland City Road from R-1 Single Family Residential District to C-2 General Commercial District 6. ORDINANCE 46-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Re4e Holdings, LLC, Acklen Property Group, LLC-Agent, for zone change on property located at the intersection of Hickory Grove Boulevard and Hickory Heights from R-2 Single Family Residential District to R-6 Single Family Residential District 7. RESOLUTION 37-2020-21 Approving a Certificate of Compliance for sale of wine at Pop Shelf, ​2819 Wilma Rudolph Boulevard ​[Removed; see below department reports] 8. RESOLUTION 42-2020-21 ​Approving appointments to the Audit Committee and Roxy Regional Theater Board of Directors ​[Removed; below department reports] ● Audit Committee: Peter Reyman, Dr. Jennifer Thayer - January 2021 through December 2022 ● Roxy Regional Theater Board of Directors: Anthony Johnson, Gary Norris - December 2020 through November 2021; Charlie Foust, Andrea Herrera, Amanda Pitt - December 2020 through November 2022; Kurt Kowalski, Nancy Ladd, Melisa Schaffner, Stephanie Stafford, Jerica Swiger, Stacey Turner - December 2020 through November 2023 9. Adoption of Minutes: November 5, November 10 Mayor Pitts requested separate consideration of ​RESOLUTION 37-2020-21 and RESOLUTION 42-2020-21​. Councillady Guzman made a motion to adopt the Consent Agenda as amended. The motion was seconded by Councilman Allen. Councilman Holleman registered “abstain” on ​ORDINANCE 43-2020-21 because of his family relationship with the applicant. 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 amended passed. FINANCE COMMITTEE ​Chairman Jeff Burkhart RESOLUTION 35-2020-21 Authorizing a memorandum of understanding with the Tennessee Bureau of Investigation relative to the Mobile Identification Device Policy 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 Chandler. 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 36-2020-21 ​Authorizing a mutual aid agreement with Austin Peay State University for police services 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 Henley. AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. RESOLUTION 38-2020-21 ​Recommending banking services contracts under reevaluation as required by State Law The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Erb. AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith ABSTAIN: Streetman The motion to adopt this resolution passed. RESOLUTION 39-2020-21 ​Declaring intent to reimburse $40,000,000 for certain project expenditures with proceeds of general obligation bonds, notes, or other debt obligations 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.  AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. RESOLUTION 40-2020-21 ​Approving a lease with the Roxy Regional Theater 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. 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 expressed appreciation to the Gas & Water Department staff for their service during her tenure as Chair of this committee. Councilady Guzman shared the following monthly department statistics: 386 million gallons of treated water, call center conversations averaged 3 minutes and 9 seconds, and 67 natural gas odor responses. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE ​Chairman David Allen Councilman Allen said the Office of Housing & Community Development had $1.4 in funding available for Coronavirus relief grants. PARKS & RECREATION COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman noted upcoming events including the drive-through Christmas Parade, Elf Splash, and the 19th Century Christmas at Fort Defiance, and Christmas Light Run. Councillady Guzman expressed appreciation to the staff of the Parks & Recreation Department for their support during her tenure as Chair of this committee. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley ORDINANCE 49-2020-21 ​(First Reading) Amending the Official Code relative citations for city code violation of miscellaneous offences The recommendation of the Public Safety Committee was for approval. Councilman Henley made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Erb. Councillady Streetman said the Loss Prevention Officers already patrol city parks and this would give them authority to issue citations for certain offenses on city property. Councilman Chandler  expressed concern regarding alcohol-related incidents. 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. Councilman Henley shared the following monthly department statistics: Building & Codes - 2,694 inspections, 63 enforcement cases, and 47 abatement work orders, 83 single-family permits, 20 multi-family permits, and 15 commercial permits; Fire Rescue - 1,307 runs; Police - 11,259 responses. Councilman Henley thanked Fire Chief Freddie Montgomery and Police Chief David Crockarrell, former Police Chief Al Ansley, and Building & Codes Director David Smith for their support during his tenure as Chair of the Public Safety Committee. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler Councilman Chandler said even though some City Garage expenses recently increased, the department’s year-to-date spending was under budget. The Street Department had completed paving in Chestnut Grove Subdivision and Woodlawn Estates. The department responded to 491 calls for debris pickup. He announced Dunbar Cave Road was open following several weeks of bridge reconstruction. Utility relocation was continuing for Rossview Road, Meriwether Road, and Trenton Road. Councilman Chandler thanked the staffs of the City Garage and Street Department, and all employees for their service to the City. TRANSPORTATION COMMITTEE ​Chairlady Wanda Smith Councillady Smith said Clarksville Transit System transported 36,452 passengers during November including 5,975 senior citizens and 2,218 demand responses. She said CTS collected 686 canned goods for the Basket of Thankfulness. She reminded citizens the Industrial Park Bus Route 1000 is fare-free through December and announced CTS would provide free rides for the Warm Souls event on Christmas Eve. Councillady Smith announced four new bus shelters had recently been constructed. POP SHELF CERTIFICATE OF COMPLIANCE RESOLUTION 37-2020-21 Approving a Certificate of Compliance for sale of wine at Pop Shelf, ​2819 Wilma Rudolph Boulevard This resolution was removed from the original Consent Agenda. Councilman Chandler made a motion to adopt this resolution. The motion was seconded by Councillady Smith. Mayor Pitts stated the applicant had withdrawn the application, therefore, the Certificate of Compliance was not necessary. The following vote was recorded:  NAY: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution failed. ROXY THEATER BOARD OF DIRECTORS RESOLUTION 42-2020-21 ​Approving appointments to the Audit Committee and Roxy Regional Theater Board of Directors This resolution was removed from the original Consent Agenda. Councillady Guzman made a motion to adopt this resolution. The motion was seconded by Councilman Allen. Councilman Chandler made a motion to change the effective date of the terms from December 2020 to January 2021. 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 amendment unanimously passed. The following vote on the motion as amended was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution as amended unanimously passed. ADJOURNMENT The meeting was adjourned at 8:47 p.m. ADOPTED: January 7 , 2021