City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION JANUARY 7, 2021 MINUTES CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, January 7, 2021 at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. This meeting was conducted in person, via Google Meets,and live-streamed on cityofclarksville.com. A prayer was offered by Councilperson Trisha Butler; the Pledge of Allegiance was led by Councilperson Jason Knight. ATTENDANCE IN PERSON: Richard Garrett, Mayor Pro Tem (Ward 1), Vondell Richmond (Ward 2), DaJuan Little (Ward 3), Jason Knight (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7), Wanda Allen (Ward 8), Karen Reynolds (Ward 9), Stacey Streetman (Ward 10), Ashlee Evans (Ward 11), Trisha Butler (Ward 12) GOOGLE MEETS: Wallace Redd (Ward 4; joined at 7:28 p.m.) 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.” Councilperson Streetman made a motion to approve the electronic meeting. The motion was seconded by Councilperson Smith. The following vote was recorded:  AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Reynolds, Richmond, Smith, Streetman NOTE: Councilperson Redd did not respond to this vote. The motion to approve the electronic meeting passed. PLANNING COMMISSION PUBLIC HEARING Councilperson Garrett made a motion to conduct a public hearing to receive comments regarding requests for zone change, zoning amendments, and annexation progress report. The motion was seconded by Councilman Richmond. There was no objection. ORDINANCE 55-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reda Home Builders, Inc., Reda Home Builders, Inc. - 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-4 Multiple Family Residential District No one requested to speak for or against this application. ORDINANCE 56-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Eagles Bluff Partnership for zone change on property located east of Whitfield Road and South of Tracy Lane from R-1 Single Family Residential District to R-4 Multiple Family Residential District Jeff Burkhart offered to answer questions. In response to Councilperson Reynolds’ question regarding traffic, Mr. Burkhart said the current City budget included funding for improvements to Tracy Lane and said R-4 would be the best use for these two lots. No one requested to speak against this application. ORDINANCE 57-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Jeff Robinson, Cody Dahl-Agent, for zone change on property located south of McClure Street, west of N. 2nd Street, East of N. 1st Street, and north of Bogard Lane from R-4 Multiple Family Residential District, O-1 Office District, and H-1 Overlay to CBD Central Business District, H-1 Overlay Central Business District No one requested to speak for or against this application. ORDINANCE 58-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of S L Endeavors (Micha Stair, Luke Stair) for zone change on property located on the south frontage of Caldwell Lane and the east frontage of Robert Street from R-2 Single Family Residential District to R-6 Single Family Residential District  Mike Stair offered to answer questions. Luke Stair said the existing house on the property was currently under renovation. No one requested to speak against this application. ORDINANCE 59-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of MSI Homes, Shawn Berner-Agent, for zone change on property located at the intersection of Monroe Street and Edmondson Ferry Road from R-2 Single Family Residential District to R-3 Three Family Residential District Shawn Berber offered to answer questions; no questions were asked. No one requested to speak against this application. ORDINANCE 60-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of L. C. Simpson, et al, Norma S. Jones, Greenspace Partners-Agent, for zone change on property located at the intersection of Old Russellville Pike and Fantasy Lane and at the intersection of Old Russellville Pike and Candlewood Drive from M-2 General Industrial District and R-1 Single Family Residential District to R-1 Single Family Residential District, R-5 Residential District, and R-6 Single Family Residential District Syd Hedrick felt residential zoning was the best use for this property and considered this plan a good opportunity for infill development. Bryce Powers said the flooding problems on Old Russellville Pike would be solved with the drainage plan. He said the proposed residential development included 165 single-family lots and 150 condominiums and noted the property could be currently be developed for commercial or industrial uses or reactivation of the rock quarry. In response to Councillady Streetman, Mr. Powers said consideration could be given to construction of a deceleration lane on Old Russellville Pike. Jimmy Bagwell said only 10% of the property was in the floodplain. He said the traffic assessment revealed traffic on Old Russellville Pike would increase from 17% capacity to 22% capacity with this development. In response to Councilperson Reynolds’ questions, Mr. Bagwell said Heritage Drive would be used as a secondary entrance and installation of sidewalks would be the responsibility of the Street Department. He said there would be no individual driveways connected to Old Russellville Pike. Mr. Bagwell responded to Councilperson Richmond stating none of the proposed lots or streets would be located in the 100-year floodplain. David Winters said additional traffic would overwhelm the existing streets. Luis Velazquez said he had 256 signatures opposing this change [Note: this petition was not submitted for the record] and said this development would definitely increase traffic. Mr. Velazquez said the additional students would overburden area schools and questioned whether Mr. Powers and Mr. Hedrick  would profit from this development as members of the Regional Planning Commission and Land Regulation Advisory Committee respectively. ORDINANCE 61-2020-21 (First Reading). Amending the Zoning Ordinance pertaining to bulk regulations, building setbacks, minimum frontage requirements, and other minor updates No one requested to speak for or against this application. RESOLUTION 43-2020-21 Adopting the Final Plan of Services Progress Report for annexed territory off Highway 76 east of Interstate 24/Exit 11 No one requested to speak for or against this report. Councilperson Garrett made a motion to revert to regular session. The motion was seconded by Councilperson Redd. There was no objection. ADOPTION OF ZONING The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 55-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Butler. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, 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 56-2020-21. Councilperson 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, Butler, Evans, Garret, Holleman, Knight, Little, Pitts, Redd, Reynolds, 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 57-2020-21. Councilperson 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, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, 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 58-2020-21. Councilperson 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, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, 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 59-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Richmond. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, 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 60-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Holleman. Councilperson Streetman noted the developer would install a deceleration lane and a different developer may not. She said the Kirkwood School Complex was scheduled to open in 2022 which should alleviate any overcrowding of existing schools. Councilperson Streetman said operation of a quarry could create commercial traffic instead of residential traffic. Councilperson Richmond was concerned about the lack of sidewalks. Councilperson Reynolds expressed concern about the effect this development would have on existing neighborhoods and the safety of residents. Councilperson Garrett said Mr. Powers abstained from voting when this application was presented to the Regional Planning Commission. He felt residential was the best use for this property and existing home values would not be negatively affected. In response to Councilperson Smith’s question, City Attorney Lance Baker said the City Ethics Code does apply to Mr. Hedrick because the Land Regulation Advisory Committee is a committee appointed by the City Council and said the Regional Planning Commission was a separate governing body. Councilman Garrett said the Land Use Advisory Committee is not involved in zone changes. Councilperson Redd said this development could meet a housing need at a minimum cost to the City and would generate significant tax revenue. The following vote was recorded:  AYE: Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Richmond, Smith, Streetman NAY: Allen, Reynolds The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 61-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Richmond. Councilperson Streetman made a motion to postpone first reading to the next regular session to allow members addition to review these changes. The motion was seconded by Councilperson Knight. The following vote was recorded: AYE: Allen, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman NAY: Butler The motion to postpone first reading of this ordinance to the next regular session passed. Councilperson Garrett made a motion to adopt RESOLUTION 43-2020-21. The motion was seconded by Councilman Richmond. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, 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 48-2020-21 (Second Reading) Amending the City Zoning Ordinance relative to the Floodplain Overlay District [Removed; See Finance Committee] 2. ORDINANCE 50-2020-21 (Second 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 3. ORDINANCE 51-2020-21 (Second 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 4. ORDINANCE 52-2020-21 (Second 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 Highway & Arterial Commercial District to R-4 Multiple Family Residential District [Removed; See Finance Committee] 5. ORDINANCE 53-2020-21 (Second Reading) Amending the FY21 Operating and Capital Budget for the Governmental Funds for Freedom Point Remediation 6. ORDINANCE 54-2020-21 (Second Reading) Authorizing a contract for purchase of Roxy Regional Theater property [Removed; See Finance Committee] 7. RESOLUTION 45-2020-21 Approving appointments to the Custom House Museum Board, Human Relations Commission, and Tree Board ● Custom House Museum Board: Paige Adkins, Jamie Durrett (reappointment), Linda Nichols, Thomasa Ross - January 2021 through December 2023, Vondell Richmond - January 2021 through December 2021 ● Human Relations Commission: Ashlee Evans - January 2021 through June 2022 ● Tree Board: Alexandria Wills - July 2020 through June 2023; Karla Kean - January 2021 through June 2021 8. Adoption of Minutes: December 3, 2020, December 17, 2020 Councilperson Reynolds made a motion to adopt the Consent Agenda. The motion was seconded by Councilperson Garrett. Mayor Pitts requested separate consideration of ORDINANCE 48-2020-21 and ORDINANCE 52-2020-21. Councilperson Smith requested separate consideration of ORDINANCE 54-2020-21. Councilperson Allen, Councilperson Butler, and Councilperson Redd registered a “nay” vote on ORDINANCE 53-2020-21. The following vote, with noted “nay” votes, was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt the Consent Agenda as amended unanimously passed. FINANCE COMMITTEE Chairperson Stacey Streetman Chairperson Streetman reported that 50% of budgeted revenues, including 49% of property taxes, had already been collected. She said Local Option Sales Tax collection was strong with 8% increase over the same time the previous year. Department spending was on track. ORDINANCE 48-2020-21 (Second Reading) Amending the City Zoning Ordinance relative to the Floodplain Overlay District This ordinance was removed from the original Consent Agenda. Councilperson Streetman made a motion to adopt this ordinance on second reading. The motion was seconded by Councilperson Evans. Councilperson Evans made a motion to amend this ordinance by deleting and substituting language recommended by the Federal Emergency Management Agency through the Regional Planning Commission. The motion was seconded by Councilperson Smith. The following vote on the amendments was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The amendment unanimously passed. The following vote on the motion as amended was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on second reading as amended unanimously passed. ORDINANCE 52-2020-21 (Second 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 This ordinance was removed from the original Consent Agenda. Mayor Pitts made a motion to postpone second reading on this ordinance to the next regular session to allow time to meet with the applicants regarding access to the property. The motion was seconded by Councilperson Streetman. The following vote was recorded: AYE: Allen, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman NAY: Butler The motion to postpone second on this ordinance to the next regular session passed.  ORDINANCE 54-2020-21 (Second Reading) Authorizing a contract for purchase of the Roxy Regional Theater property Councilperson Garrett made a motion to adopt this ordinance on second reading. The motion was seconded by Councilperson Richmond. Councilperson Knight made a motion to postpone second reading on this ordinance to the next regular session to allow members to obtain additional information. The motion was seconded by Councilperson Smith. The following vote was recorded: AYE: Allen, Evans, Garrett, Knight, Little, Reynolds, Richmond, Smith, Streetman NAY: Butler, Holleman, Pitts, Redd The motion to postpone second on this ordinance to the next regular session passed. GAS & WATER COMMITTEE Chairperson Wallace Redd Chairperson Redd shared the following monthly department statistics: 544 million gallons of treated water, 366 million gallons of treated sewage, 375 million cubic feet of natural gas HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Chairperson Wanda Smith Chairperson Smith said the staff of the Housing & Community Development Department was preparing an orientation of programs and services, the Mayor’s plan to address affordable housing, community development, and COVID-19. PARKS & RECREATION COMMITTEE Chairperson Vondell Richmond Chairperson Richmond welcomed members to the committee and announced their next meeting was scheduled for January 11. PUBLIC SAFETY COMMITTEE Chairperson Richard Garrett Chairperson Garrett shared the following monthly department statistics: Fire Rescue - 1,288 incidents; Building & Codes - 2,363 inspections, 84 enforcement cases, 15 abatement work orders, 1,193 single family permits, 198 multi-family permits, 25 commercial permits. He reported the Police District 3 facility construction was well underway and noted the department has 26 sworn officer position vacancies. STREETS-GARAGE-TRANSPORTATION COMMITTEE Chairperson Wanda Smith Chairperson Smith shared the following monthly department statistics: Garage - city-wide vehicle expenses $131,511, 339 work orders, 740 work hours, unleaded fuel $1.47/gallon, diesel fuel $1.56/gallon; Streets - 270 work orders, utility relocation underway on Meriwether Road, Trenton Road, and Rossview Road; Transportation: 35,899 passengers including 6,429 senior citizens, 2,248 demand responses.  Chairperson Smith announced CTS would operate regular services on Dr. Martin Luther King, Jr. Day on January 18. MAYOR AND COUNCIL MEMBER COMMENTS Councilperson Smith asked for consideration of adding African American members to the Finance Committee. ADJOURNMENT The meeting was adjourned at 8:57 p.m. ADOPTED: February 4, 2021