City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION October 7, 2021 MINUTES PUBLIC COMMENTS CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, September 2, 2021, at 6:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Councilperson Wallace Redd; the Pledge of Allegiance was led by Councilperson Travis Holleman. ATTENDANCE PRESENT: Vondell Richmond (Ward 2), DaJuan Little (Ward 3), Wallace Redd (Ward 4), 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 (12) NOTE: Richard Garrett (Ward 1), resigned July 22, 2021; Jason Knight (Ward 5) resigned July 27, 2021 SPECIAL PRESENTATIONS  Mayor Pitts proclaimed September as Suicide Prevention Month in the City of Clarksville. Mayor Pitts proclaimed September 18, 2021, as Carbon Monoxide Awareness Day in the City of Clarksville and presented the proclamation to Dr. David Palko and Christine Watson. CITY COUNCIL VACANCIES Mr. Baker reviewed the procedure to fill City Council vacancies according to the City Code. Each applicant was offered five minutes for their presentation. WARD 1 Applicants: SABRINA GILLESPIE TIFFINEA REID-JOHNSON DAVID BOYD BRIAN ZACHARIAS ADOLPH DAGAN LORALEE CHILDERS The City Council recessed at 7:35 p.m. and reconvened at 7:43 p.m. WARD 5 Applicants: JOEY DASENGER CATARINO GUZMAN JOSHUA WICKHAM JEFFREY JAMES ALEXANDER ALLEN AMBER MARQUIS CHRISTOPHER RICHARDSON ZONING PUBLIC HEARING Councilperson Streetman made a motion to conduct a public hearing to receive comments regarding requests for zone change. The motion was seconded by Councilperson Little. There was no objection. ORDINANCE 16-2021-22 (First Reading) Amending the Zoning Ordinance relative to breweries, micro breweries, and brewpubs  No one spoke in support of or in opposition to this amendment. ORDINANCE 19-2021-22 (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 Madison St. and Tanglewood Dr. from R-1 Single Family Residential District to C-2 General Commercial District. No one spoke in support of this amendment. Charlie Collier opposed this change stating there was not enough information available on the final development and expressed concern regarding the impact on area schools, traffic congestion, and quality of life. Robin Faircloe objected to the intrusion of commercial activities into the neighborhood. ORDINANCE 20-2021-22 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Olympus Investings, LLC, William Harris-Agent for Zone Change on property located at the intersection of Darnell Place & Cedar Crest Dr. from R-3 Three Family Residential District to R-4 Multiple Family Residential District. Will Harris said the applicant planned to build eight to ten units on the property if reasoned. No one expressed opposition to this request. ORDINANCE 21-2021-22 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of TDK Properties for Zone Change on property located at the southern terminus of Rufus Johnson Rd. from M-3 Planned Industrial District to C-5 Highway & Aterial Commercial District. No one spoke in support of or in opposition to this request. ORDINANCE 22-2021-22 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Willie Walker Byard & Mabry Holdings LLC, Byard & Mabry Holdings LLC-Agent for Zone Change on property located at the intersection of Ishee Dr. & Ringgold Rd. from AG Agricultural District to R-6 Single Family Residential District and R-2 Single Family Residential District. Lawson Mabry said the eight-to-ten year project would be a development of single family homes which would include some affordable R-6 lots. He said consideration was being given to a possible public blueway access to Ringgold Creek as well as other recreational amenities. Ambar Marquis asked the City Council to postpone the vote on this change until a representative for Ward 5 is appointed. ORDINANCE 23-2021-22 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of William Belew for Zone Change on property  located at the intersection of Needmore Rd. & E. Boy Scout Rd. from AG Agricultural District to R-1 Single Family Residential District. No one spoke in support of or in opposition to this request. ORDINANCE 24-2021-22 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Johnny Piper for Zone Change on property located at the southern frontage of Cave Springs Rd. east of Danko Ln. from R-3 Three Family Residential District to R-6 Single Family Residential District. No one spoke in support of or in opposition to this request. ORDINANCE 25-2021-22 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of William Revell, Suresh Burle-Agent for Zone Change on property located at the intersection of Tiny Town Rd. & Allen Rd. from AG Agricultural District and C-5 Highway & Arterial Commercial District to AG Agricultural District and R-4 Multiple Family Residential District. No one spoke in support of or in opposition to this request. ORDINANCE 26-2021-22 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Trent Gallivan for Zone Change on property located at the intersection of Fairview Ln & W. Rossview Rd. from R-1 Single Family Residential District to R-6 Single Family Residential District. No one spoke in support of or in opposition to this request. Councilperson Streetman 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 19-2021-22. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Holleman. Councilperson Reynolds expressed concern regarding area school capacities. The following vote was recorded: AYE: Allen, Butler, Holleman, Little, Redd, Richmond, Streetman NAY: Evans, pitts, Reynolds, Smith The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 20-2021-22. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, 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 21-2021-22. Councilperson Streetman 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, Holleman, Little, Pitts, Redd, Reynolds, Richmond, 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 22-2021-22. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Richmond. Councilperson Allen made a motion to postpone action on this ordinance to the October 7, 2021 regular session when a new representative for Ward 5 will have been appointed. The motion was seconded by Councilperson Redd. The following vote was recorded: AYE: Allen, Butler, Smith NAY: Evans, Holleman, Pitts, Redd, Reynolds, Richmond, Streetman The motion to postpone failed. The following vote on the main motion was recorded: AYE: Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman NAY: Allen, Evans NOTE: Councilperson Butler did not vote. The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 23-2021-22. Councilperson Streetman made a motion to adopt this  ordinance on first reading. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Redd, Reynolds, Richmond, Smith NAY: Pitts, 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 24-2021-22. The motion was seconded by Councilperson Redd. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Richmond, Smith, Streetman NAY: 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 25-2021-22. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Evans. Because the application for this change was incorrectly submitted, Councilperson Streetman made a motion to refer this request back to the Regional Planning Commission. The motion was seconded by Councilperson Redd. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to refer this ordinance back to the Regional Planning Commission passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 26-2021-22. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Little. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. REAPPLICATION FOR ZONE CHANGE  RESOLUTION 17-2021-22 Authorizing reapplication for zone change on property located on Boy Scout Road west of Needmore Road; request of John M. and James R. Clark Councilperson Allen made a motion to adopt this resolution. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this resolution passed by the required 3/4 majority approval. MOTION TO ADJOURN Considering the late hour, Councilperson Allen made a motion to adjourn and reconvene during the scheduled special session on September 7, 2021.. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen NAY: Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adjourn failed. RECESS The City Council recessed at 9:46 p.m. and reconvened at 9:51 p.m. 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 109-2020-21 (Second Reading) Amending the Official Code relative to Short Term Rentals (individual owners) 2. ORDINANCE 3-2021-22 (Second Reading) Amending the Official Code to establish responsibilities for the Department of Information Technology and the Chief Information Officer, and establishing regulations for acquisition of technology resources 3. ORDINANCE 4-2021-22 (Second Reading) Amending the Zoning Ordinance pertaining to Historic and Design Overlay Districts 4. ORDINANCE 5-2021-22 (Second Reading) Authorizing an agreement for purchase of an easement right-of-way for the Whitfield Road-Needmore Road intersection improvements and to convey city property in exchange therefore 5. ORDINANCE 6-2021-22 (Second 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 Twin Rivers Rd. and Nolen Rd. from R-1 Single Family Residential District to R-4 Multiple Family Residential District [Removed; see New Business] 6. ORDINANCE 7-2021-22 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Lynda Ann Holt Conner, Stanley Ross, Harvill Ross, PLLC - Agent, for Zone Change on property located at the intersection of Wilson Rd. and Old Farmers Rd. from C-5 Highway & Arterial Commercial District and R-1 Single Family Residential District to R-5 Residential District [Removed; see New Business] 7. ORDINANCE 8-2021-22 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Krueckeberg, LLC, Stanley Ross, Harville Ross, PLLC - Agent, for Zone Change on property located at the intersection of Highway 76 & Little Hope Rd. from R-1 Single Family Residential District to R-4 Multiple Family Residential District 8. ORDINANCE 9-2021-22 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Bret and Patricia Logan, Tiffany McKeethen - Agent, for Zone Change on property located at the intersection of Peterson Ln. & Old Trenton Rd. from AG Agricultural District to R-1 Single Family Residential District 9. ORDINANCE 10-2021-22 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of SDRA Holdings, LLC, Allen Moser - Agent, for Zone Change on property located at the intersection of Franklin St. & Hornberger Ln. from R-3 Three Family Residential District to C-2 General Commercial District 10. ORDINANCE 11-2021-22 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Thomas Neal Bateman for Zone Change on property located at the intersection of Wilma Rudolph Blvd. & Old Trenton Rd. from M-2 General Industrial District to C-5 Highway & Arterial Commercial District 11. ORDINANCE 13-2021-22 (Second Reading) Authorizing the mayor or his designee to enter into an agreement and convey a transmission line structure easement, guy rights easement, and access road easement with the Tennessee Valley Authority (Little Hope Road and Arrow Lane)  12. RESOLUTION 11-2021-22 Approving a Certificate of Compliance for sale of wine at Hanyang Oriental Market (100 Tiny Town Road) 13. RESOLUTION 12-2021-22 Approving appointments to Common Design Review Board, Economic Development Council, Parking Commission, and Tree Board ● Common Design Review Board: Gail Longton - October 2021 through September 2026 ● Economic Development Council: Wallace Redd - July 2021 through June 2023 ● Parking Commission: Andy Kean (reappointment), David Shelton - August 2021 - September 2023 ● Tree Board: Linda Friend - August 2021 - June 2024, Levi Main - August 2021- June 2024 14. Adoption of Minutes: August 5 Councilperson Reynolds requested separate consideration of ORDINANCE 6-2021-22. Councilperson Streetman requested separate consideration of ORDINANCE 7-2021-22. Councilperson Smith made a motion to adopt the Consent Agenda with the exception of ORDINANCE 6-2021-22 and ORDINANCE 7-2021-22. The motion was seconded by Councilperson Richmond. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt the Consent Agenda as amended passed. FINANCE COMMITTEE ORDINANCE 80-2020-21 (First Reading) Amending the Official Code relative to the Internal Service Fund Approval of this ordinance was postponed March 23, 2021, by the Finance Committee. There was no motion made to approve this ordinance during the Finance Committee’s August 31, 2021 meeting. Councilperson Streetman made a motion to adopt this ordinance. The motion was seconded by Councilperson Allen. Councilperson Allen made a motion to postpone action on this ordinance indefinitely. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman  The motion to postpone indefinitely passed. ORDINANCE 14-2021-22 (First Reading) Amending the Official Code relative to purchasing (discrimination) ORDINANCE 15-2021-22 (First Reading) Amending the Official Code relative to equal employment opportunity (discrimination) Councilperson Streetman made a motion to consider ORDINANCE 14-2021-22 and ORDINANCE 15-2021-22 together. The motion was seconded by Councilperson Evans. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to combine these ordinances passed. Councilperson Evans made a motion to adopt ORDINANCE 14-2021-22 and ORDINANCE 15-2021-22 on first reading. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Reynolds, Richmond, Smith, Streetman NAY: Redd The motion to adopt these ordinances on first reading passed. ORDINANCE 17-2021-22 (First Reading) Waiving credit card processing fees for Clarksville Transit System The recommendation of the Finance Committee was for approval. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Allen. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. ORDINANCE 18-2021-22 (First Reading) Amending the FY22 Operating and Capital Budget to carry forward prior year appropriations and amend for newly identified items  The recommendation of the Finance Committee was for approval. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Evans. Councilperson Streetman made a motion to amend this ordinance by adding $32,000 for an HVAC unit at the Custom House Museum. The motion was seconded by Councilperson Reynolds. The following vote was recorded: AYE: Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman NAY: Allen, Butler The amendment passed. The following vote on the main motion was recorded: AYE: Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman NAY: Allen, Butler The motion to adopt this ordinance on first reading as amended passed. RESOLUTION 13-2021-22 Approving an economic impact plan for the 518 Madison Development Area The recommendation of the Finance Committee was for approval. Councilperson Streetman made a motion to adopt this resolution. The motion was seconded by Councilperson Holleman. Councilperson Reynolds expressed concern about possible environmental issues relating to underground fuel tanks. The following vote was recorded: AYE: Evans, Holleman, Little, Pitts, Reynolds, Richmond, Smith, Streetman NAY: Allen, Butler, Redd The motion to adopt this resolution passed. RESOLUTION 15-2021-22 Authorizing a Memorandum of Understanding with Clarksville-Montgomery County Crime Stoppers The recommendations of the Public Safety Committee and Finance Committee were for approval. Councilperson Streetman made a motion to adopt this resolution. The motion was seconded by Councilperson Evans. The following vote was recorded:  AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this resolution passed. RESOLUTION 16-2021-22 Authorizing an interlocal agreement with Montgomery County pertaining to division of the 2021 Byrne Justice Assistance Grant fund allocations and administration and use of such funds The recommendations of the Public Safety Committee and Finance Committee were for approval. Councilperson Streetman made a motion to adopt this resolution. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this resolution passed. GAS & WATER COMMITTEE Councilperson Wallace Redd No report. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Councilperson Wanda Smith Councilperson Smith said the department was considering an amendment to the FY22 Community Development Block Grant/Coronavirus Program as well as award of $150,000 Emergency Solutions Grant funding from Tennessee Housing Development Agency. PARKS & RECREATION COMMITTEE Councilperson Vondell Richmond Councilperson Richmond mentioned upcoming events including Downtown Market, RiverFest and Art Show, Mayor’s Golf Classic, Downtown Market Sock Drive, Sleep Under the Stars Campout. PUBLIC SAFETY COMMITTEE Councilperson Travis Holleman RESOLUTION 1-2021-22 (Referred from City Council August 5th) Authorizing an interlocal agreement between the Clarksville Police Department, Clarksville Fire Rescue, Montgomery County Sheriff, Montgomery County Volunteer Fire Service, Montgomery County EMS, and Clarksville-Montgomery County School System for the Handle With Care Pilot Program  This resolution was referred to the Public Safety Committee on August 5, 2021. The recommendation of the Public Safety Committee was for approval of this amended version. Councilperson Holleman made a motion to adopt this resolution. The motion was seconded by Councilperson Allen. Councilperson Smith felt the agreement should contain an option for parents to opt out of this service. The following vote was recorded: AYE: Allen, EVans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Streetman NAY: Butler, Smith The motion to adopt this resolution passed. Councilperson Holleman shared the following monthly department statistics: Police - 11,861 calls; Fire Rescue - 1,482 calls. TRANSPORTATION-STREETS-GARAGE COMMITTEE Councilperson Wanda Smith Councilperson Smith shared the following monthly department statistics: Clarksville Transit - 39,717 passengers, 7,374 senior citizens, 3,185 demand responses; Streets - 246 work orders, paving in Hazelwood Subdivision, scheduled paving for Heritage Point Subdivision, Rossview Road underground storm drain installation, Whitfield Road utility relocations, West Concord Road sidewalks, initial development of 2020 Transportation Plan scope of projects; Garage - requisitions totaling $179,457, 392 work orders, unleaded fuel $2.32 per gallon, diesel fuel $2.22 per gallon. LEGISLATIVE AGENDA RESOLUTION 14-2021-22 Adopting the City of Clarksville’s Legislative Agenda for consideration by the 112th Tennessee General Assembly The recommendation of the Legislative Liaison Committee was for approval. Councilperson Streetman made a motion to adopt this resolution. The motion was seconded by Councilperson Evans. The following vote was recorded: AYE: Evans, Holleman, Little, Pitts, Reynolds, Richmond, Smith, Streetman NAY: Allen, Butler, Redd The motion to adopt this resolution passed. NEW BUSINESS  In response to Councilperson Holleman’s request to discuss Robert’s Rules of Order relative to members speaking twice on an item, Mr. Baker said members should be allowed no more than ten minutes to speak on an item. He recommended the City Council consider codifying these rules. ORDINANCE 6-2021-22 (Second 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 Twin Rivers Rd. and Nolen Rd. from R-1 Single Family Residential District to R-4 Multiple Family Residential District This ordinance was removed from the original Consent Agenda at the request of Councilperson Reynolds. Councilperson Reynolds made a motion to adopt this ordinance on second reading. The motion was seconded by Councilperson Allen. Councilperson Reynolds expressed concern about additional traffic on Trenton Road resulting from this development. The following vote was recorded: AYE: Allen, Butler, Holleman, Little, Redd NAY: Evans, Pitts, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on second reading failed. ORDINANCE 7-2021-22 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Lynda Ann Holt Conner, Stanley Ross, Harvill Ross, PLLC - Agent, for Zone Change on property located at the intersection of Wilson Rd. and Old Farmers Rd. from C-5 Highway & Arterial Commercial District and R-1 Single Family Residential District to R-5 Residential District This ordinance was removed from the original Consent Agenda at the request of Councilperson Streetman. Councilperson Streetman made a motion to adopt this ordinance on second reading. The motion was seconded by Councilperson Redd. Councilperson Streetman said she received inquiries from area residents following the approval on first reading. She said she explained to the residents that stub roads would allow connectivity through the proposed development. The following vote was recorded: AYE: Allen, Butler, Evans, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on second reading passed. MAYOR AND COUNCIL MEMBER COMMENTS Councilperson Streetman recognized and expressed appreciation to City Clerk Sylvia Skinner for her upcoming retirement after 35 years of service with the City of Clarksville. ADJOURNMENT The meeting was adjourned at 10:28 p.m. Minutes prepared by Sylvia Skinner, former City Clerk