City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION October 6, 6:00 P.M. MINUTES PUBLIC COMMENTS ● 5:50 pm: Mrs. Paula Gullett: Mrs. Gullet asked the Council to reconsider adding repealing SB 1257 to the Legislative Liaison Agenda items for consideration. CALL TO ORDER Regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, September 1, at 6:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Pastor Stephanie Jenkins; the Pledge of Allegiance was led by Councilperson Karen Reynolds ATTENDANCE PRESENT: Brian Zacharias (Ward 1), Vondell Richmond (Ward 2), Wallace Redd (Ward 4) Ambar Marquis (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7) Wanda Allen (Ward 8), Karen Reynolds (Ward 9), Stacey Streetman (Ward 10), Joe Shakeenab (11), Trisha Butler (Ward 12) ABSENT: DaJuan Little (Ward 3) SPECIAL RECOGNITION 1. Councilperson Reynolds presented certificates to the following winners of the Tree Board Art Contest. a. Hadassah Dasinger - 3rd grade, Aletheia Dasinger - 1st Grade, Jae Gibson -5th grade, Kodi Crawford - Middle School, Caroline Eikenberry- 2nd grade, Abby Hojnicki - High School, Lilianna Powell - 4th grade 2. Councilperson Reynolds read a proclamation and presented certificates to Michelle Rogers, Olivia Heron, Carlye Sommers and JoAnn McIntosh, as well as Amie Wilson, Tamara Welker and Trey Eckel for their work on the Healthy Yards Initiative. 1  3. Councilperson Holleman and Mayor Pitts presented a certificate of recognition to Kenny York’s family to share their appreciation for his work in our community. 4. Mayor Pitts presented a certificate and key to the City to Lee Erwin, thanking him for his outstanding work. PLANNING COMMISSION Councilperson Stacey Streetman PLANNING COMMISSION PUBLIC HEARING 1. ORDINANCE 37-2022-23 (First Reading) (DEFERRED) Amending the Zoning Ordinance and Map of the City of Clarksville, application of George R. Fleming, Co-Trustee of George R. Fleming Sr. Testamentary Trust, for Zone Change on property located at the intersection of Rossview Rd & Basham Ln from R-1 Single Family Residential District to PUD Planned Unit Redevelopment Residential District RPC: Approval/Approval This item has been deferred until next month 2. ORDINANCE 38-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Maynard Family Co., for Zone Change on property located at the intersection of Tobacco Rd., South of Nussbaumer Rd, north of the Little West Fork Creek from R-1A Single Family Residential District to R-2 Single Residential District RPC: Approval/Approval Mr. Bagwell spoke for; no one spoke against 3. ORDINANCE 39-2022-23 (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 fronting on the west frontage of Oak St. from R-3 Three Family Residential District to R-4 Multiple Family Residential District RPC: Approval/Approval Mr. Reda spoke for; no one spoke against 4. ORDINANCE 40-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hugh Entrekin, for Zone Change on property located at the intersection of Fair Brook Pl & Westfield Ct. from C-4 Highway Interchange District to C-2 General Commercial District RPC: Disapproval/Approval Mr. Smith spoke for and shared an attachment with Councilmembers; no one spoke against 5. ORDINANCE 41-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reda Home Builders Inc., for Zone Change on 2  property located at the intersection Louisiana Ave & Kentucky Ave from R-2 Single Family Residential District to R-2A Single Family Residential District RPC: Approval/Approval Mr. Reda spoke for; no one spoke against 6. ORDINANCE 42-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Rebecca Hopson, for Zone Change on property located at the intersection of Old Ashland City Rd & Martha Ln from R-3 Three Family Residential District to R-4 Multiple Family Residential District RPC:Approval/Approval No one spoke for or against 7. ORDINANCE 43-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mid State Properties GP, for Zone Change on property located at the intersection of Greenwood Ave & Lynes St from R-3 Three Family Residential District to R-6 Single Family Residential District RPC:Approval/Approval Mr. Milam spoke for; no one spoke against 8. ORDINANCE 44-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of J&N Enterprises, for Zone Change on property located at the intersection of Hollow Crest & Jim Brown Dr from R-2 Single Family Residential District to R-2A Single Family Residential District RPC:Approval/Approval No one spoke for or against 9. ORDINANCE 45-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of the City of Clarksville, for Zone Change on property located at the confluence of the Cumberland & Red Rivers on the east side of the Cumberland River from MLUD Mixed Land use District to C-2 General Commercial District RPC:Approval/Approval No one spoke for or against 10. RESOLUTION 36-2022-23 A Resolution approving the abandonment of unimproved right-of-way, south of Madison Street, east of Willow Heights, and west of Liberty Parkway No one spoke for or against ADOPTION OF ZONING 1. ORDINANCE 37-2022-23 (First Reading) (DEFERRED) Amending the Zoning Ordinance and Map of the City of Clarksville, application of George R. Fleming, Co-Trustee of George R. Fleming Sr. Testamentary Trust, for Zone Change on property 3  located at the intersection of Rossview Rd & Basham Ln from R-1 Single Family Residential District to PUD Planned Unit Redevelopment Residential District RPC: Approval/Approval This item has been deferred to the November Regular Session 2. ORDINANCE 38-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Maynard Family Co., for Zone Change on property located at the intersection of Tobacco Rd., South of Nussbaumer Rd, north of the Little West Fork Creek from R-1A Single Family Residential District to R-2 Single Residential District RPC: Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 38-2022-23 (First Reading). Councilperson Holleman seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 38-2022-23 Passed. 3. ORDINANCE 39-2022-23 (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 fronting on the west frontage of Oak St. from R-3 Three Family Residential District to R-4 Multiple Family Residential District RPC: Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 39-2022-23 (First Reading). Councilperson Redd seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 39-2022-23 (First Reading) Passed. 4. ORDINANCE 40-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hugh Entrekin, for Zone Change on property located at the intersection of Fair Brook Pl & Westfield Ct. from C-4 Highway Interchange District to C-2 General Commercial District RPC: Disapproval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 40-2022-23 (First Reading). Councilperson Holleman seconded. The following vote was recorded: 4  AYE: Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman NAY: Allen, Zacharias The motion to adopt ORDINANCE 40-2022-23 (First Reading) Passed. 5. ORDINANCE 41-2022-23 (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 Louisiana Ave & Kentucky Ave from R-2 Single Family Residential District to R-2A Single Family Residential District RPC: Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 41-2022-23 (First Reading). Councilperson Redd seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 41-2022-23 (First Reading) Passed. 6. ORDINANCE 42-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Rebecca Hopson, for Zone Change on property located at the intersection of Old Ashland City Rd & Martha Ln from R-3 Three Family Residential District to R-4 Multiple Family Residential District RPC:Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 42-2022-23 (First Reading). Councilperson Holleman seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman The motion to adopt ORDINANCE 42-2022-23 (First Reading) Passed. 7. ORDINANCE 43-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mid State Properties GP, for Zone Change on property located at the intersection of Greenwood Ave & Lynes St from R-3 Three Family Residential District to R-6 Single Family Residential District RPC:Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 43-2022-23 (First Reading). Councilperson Redd seconded. 5  The following vote was recorded: AYE: Allen, Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 43-2022-23 (First Reading) Passed. 8. ORDINANCE 44-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of J&N Enterprises, for Zone Change on property located at the intersection of Hollow Crest & Jim Brown Dr from R-2 Single Family Residential District to R-2A Single Family Residential District RPC:Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 44-2022-23 (First Reading). Councilperson Redd seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 44-2022-23 (First Reading) Passed. 9. ORDINANCE 45-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of the City of Clarksville, for Zone Change on property located at the confluence of the Cumberland & Red Rivers on the east side of the Cumberland River from MLUD Mixed Land use District to C-2 General Commercial District RPC:Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 45-2022-23 (First Reading). Councilperson Redd seconded. The following vote was recorded: AYE: Butler, Holleman, Marquis, Pitts, Redd, Richmond, Shakeenab, Smith, Streetman, Zacharias NAY: Allen, Reynolds The motion to adopt ORDINANCE 45-2022-23 (First Reading) Passed. 10. RESOLUTION 36-2022-23 A Resolution approving the abandonment of unimproved right-of-way, south of Madison Street, east of Willow Heights, and west of Liberty Parkway Councilperson Streetman made a motion to adopt RESOLUTION 36-2022-23. Councilperson Redd seconded. 6  The following vote was recorded: AYE: Allen, Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman, Zacharias The motion to adopt RESOLUTION 36-2022-23 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 23-2022-23 (Second Reading) An Ordinance accepting the donation of certain real property from the Clarksville Montgomery County Regional Airport Authority to the City of Clarksville for the purpose of a Public Safety Complex 2. ORDINANCE 24-2022-23 (Second Reading) An Ordinance amending the Official Code of Ordinances of the City Of Clarksville, Tennessee, Title 2 (Alcoholic Beverages), Chapter 5 pertaining to Entertainment District Alcoholic Beverage Consumption Councilperson Butler registered a no vote. Councilperson Allen asked that this item be pulled from the Consent Agenda. There were no objections. 3. ORDINANCE 27-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Johnathan Blick, for Zone Change on property located at the intersection of Reynolds St & Vine St from R-3 Three Family Residential District to R-6 Single Family Residential District 4. ORDINANCE 28-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Maynard Family Co., for Zone Change on property located at the intersection of Banister Dr & Little West Fork Creek from AG Agricultural District to R-2 Single Family Residential District 5. ORDINANCE 29-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Stabilize Real Estate LLC., for Zone Change on property located at the intersection of Batts Ln & Columbia St from R-M1 Single Family Mobile Home Residential District to R-4 Multiple Family Residential District 6. ORDINANCE 30-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Richard Collins., for Zone Change on property located at the intersection of Dover Rd & Kelsey Dr from C-5 Highway and Arterial Commercial District/R-1 Single Family Residential District to C-2 General Commercial District 7  7. ORDINANCE 31-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ricky Reda, for Zone Change on property located at the intersection of Market St & Mitchell St from R-3 Three Family Residential District to R-6 Single Family Residential District 8. RESOLUTION 35-2022-23 A Resolution approving appointments to the Arts & Heritage Council, Common Design Review Board, Ethics Commission, Human Relations Commission, Parking Commission and Regional Historic Zoning Commission 9. RESOLUTION 37-2022-23 A Resolution approving a retail liquor store certificate of compliance for sale of liquor at Favorite Liquors, 2570 Madison Street, Clarksville TN, 37043 10. RESOLUTION 38-2022-23 A Resolution approving a retail liquor store certificate of compliance for sale of liquor at Liquor Warehouse, 1790 Wilma Rudolph Blvd, Clarksville Tn, 37040 11. Adoption of Minutes: September 1, 2022 Councilperson Streetman made a motion to adopt the Consent Agenda. Councilperson Holleman seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Little, Marquis, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias The motion to adopt the Consent Agenda Passed. COMMITTEE REPORTS FINANCE COMMITTEE Chairperson Stacey Streetman 1. ORDINANCE 33-2022-23 (First Reading) An Ordinance of the City of Clarksville authorizing the Mayor, or his designee to conduct negotiations and to enter an agreement for purchase and acquisition of easements and/or property rights for a public purpose for intersection modification on Fire Station Road. Finance Committee: Approval Councilperson Streetman made a motion to adopt ORDINANCE 33-2022-23. (First Reading). Councilperson Holleman seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Little, Marquis, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias 8  The motion to adopt ORDINANCE 33-2022-23 (First Reading) Passed. 2. ORDINANCE 34-2022-23 (First Reading) An Ordinance authorizing the reimbursement and donation of property located at 456 Shelby Street to Habitat for Humanity for community development Finance Committee: Approval Councilperson Streetman made a motion to adopt ORDINANCE 34-2022-23. (First Reading) Councilperson Holleman seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Little, Marquis, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 34-2022-23 (First Reading) Passed. 3. ORDINANCE 35-2022-23 (First Reading) An Ordinance amending the operating budgets for Fiscal Year 2023 for Governmental Funds (Ordinance 146-2021-22) to provide additional COVID Premium Pay for Department Heads Finance Committee: Disapproval Councilperson Streetman made a motion to adopt ORDINANCE 35-2022-23 (First Reading). No one seconded. The motion failed for a lack of a second. 4. ORDINANCE 36-2022-23 (First Reading) An Ordinance amending the Operating Budgets for Fiscal Year 2023 for governmental Funds (Ordinance 146-2021-22) to provide COVID Premium Pay for retirees and former, deceased employees Finance Committee: Disapproval Councilperson Streetman made a motion to adopt ORDINANCE 36-2022-23 (First Reading). No one seconded. This motion failed for a lack of a second. *These funds were disbursed prior to Executive and Regular Sessions. Because this item was heard on the Finance Committee agenda, it had to be moved forward to Executive and Regular Sessions to be properly disposed of. 5. RESOLUTION 32-2022-23 A Resolution authorizing the City to donate the tornado siren system to the Montgomery County Emergency Management System Finance Committee & Public Safety Committee: Approval Councilperson Streetman made a motion to adopt RESOLUTION 32-2022-23. Councilperson Holleman seconded. The following vote was recorded: AYE: Allen, Holleman, Little, Marquis, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias 9  The motion to adopt RESOLUTION 32-2022-23 Passed. 6. RESOLUTION 33-2022-23 A Resolution declaring the intent of the City of Clarksville, Tennessee to reimburse itself in a not to exceed amount of $90,000,000 for certain project expenditures with the proceeds of general obligation bonds, notes or other debt obligations to be issued by the City Finance Committee: Approval Councilperson Streetman made a motion to adopt RESOLUTION 33-2022-23. Councilperson Holleman seconded. The following vote was recorded: AYE: Allen, Holleman, Little, Marquis, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias NAY: Butler The motion to adopt RESOLUTION 33-2022-23 Passed. 7. RESOLUTION 34-2022-23 A Resolution of the City Council of the City of Clarksville Tennessee approving an economic impact plan for the Turnbridge/River District Development Area Finance Committee: Approval Councilperson Streetman made a motion to adopt RESOLUTION 34-2022-23. Councilperson Holleman seconded. Councilperson asked to suspend the rules to allow Mr. Buck Dellinger to come forward to give a presentation on this Resolution and explain how a TIFF works. With no objections, the rules were suspended at 7:10 pm. The Council went back into regular session without objection at 7:13 pm. The following vote was recorded: AYE: Allen, Butler, Holleman, Little, Marquis, Pitts, Reynolds, Shakeenab, Smith, Streetman, Zacharias NAY: Redd The motion to adopt RESOLUTION 34-2022-23 Passed. GAS & WATER COMMITTEE Chairperson Wallace Redd 1. Chairperson Redd reported that Gas and Water handled 11,850 calls. The Service Department completed 5,866 work orders and responded to 371 after hour calls. The Billing Division read 108,878 meters with an accuracy rate of 99.9%. 10 NEIGHBORHOOD & COMMUNITY SERVICES COMMITTEE Chairperson Stacey Streetman 1. Chairperson Streetman reported that on September 24, the City sponsored the Home Energy Expo organized by the City’s Sustainability Board. This event was to help homeowners and renters find ways to save energy costs. PARKS & RECREATION COMMITTEE Chairperson Travis Holleman 1. Chairperson Holleman reported on upcoming events. He also announced that Parks and Rec has received their CAPRA accreditation. PUBLIC SAFETY COMMITTEE Chairperson Travis Holleman 1. Chairperson Holleman reported that CPD responded to 12,893 calls. He said CFR had 1,799 total calls, 70.78% of these calls were rescue and medical calls. Building and Codes issued 25 single family permits, 29 multi-family permits and 23 commercial permits. TRANSPORTATION-STREETS-GARAGE COMMITTEE Chairperson Wanda Smith 1. Chairperson Smith reported that CTS transported 47,314 passengers for the month of September. T-Dot has added 9 new bus shelters on 41-A. She also reminded everyone they can purchase their fares from the smart app. She said Fall pick up starts October 17 and ends December 5. City Garage completed 357 work orders. NEW BUSINESS 1 .ORDINANCE 46-2022-23 (First Reading) An Ordinance amending the Operating Budgets for Fiscal Year 2023 for Governmental Funds (Ordinance 146-2021-22) to provide additional COVID Premium Pay for Department Heads Councilperson Allen made a motion to adopt ORDINANCE 24-2022-23 (First Reading). Councilperson Reynolds seconded. Councilperson Allen then asked for Robert’s Rules clarification on Ordinance 35-2022-23 which failed for a lack of a second. That Ordinance was a precursor to this Ordinance. Per Mr. Baker, Councilperson Allen can bring up a new Ordinance at a later meeting. Councilperson Allen then made a motion to Postpone Ordinance 46-2022-23 to the November Regular Sesion. Councilperson Reynolds seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Little, Marquis, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias 11  The motion to postpone ORDINANCE 46-2022-23 (First Reading) to the November Regular Session Passed. ITEM PULLED FROM CONSENT 1. ORDINANCE 24-2022-23 (Second Reading) An Ordinance amending the Official Code of Ordinances of the City Of Clarksville, Tennessee, Title 2 (Alcoholic Beverages), Chapter 5 pertaining to Entertainment District Alcoholic Beverage Consumption Councilperson Allen made a motion to adopt Ordinance 24-2022-23 (Second Reading). Councilperson Reynolds seconded. Councilperson Allen then made a motion to amend Ordinance 24-2022-23. Councilperson Reynolds seconded. The following vote was recorded: AYE: Allen, Butler, Marquis, Reynolds, Zacharias NAY: Holleman, Pitts, Redd, Richmond, Shakeenab, Smith, Streetman The motion to amend Ordinance 24-2022-23 (Second Reading) Failed Mr. Baker suggested the Ordinance be amended to state: “Daily between the hours of 10:00 pm and 3:00 pm the following day” to be more clear. Councilperson Redd made the motion to amend Ordinance 24-2022-23. Councilperson Streetman seconded. The following vote was recorded: AYE: Allen, Butler, Holleman, Marquis, Pitts, Redd, Reynolds, Richmond, Shakeenab, Smith, Streetman, Zacharias The motion to amend Ordinance 24-2022-23 (Second Reading) Passed The following vote was recorded on Ordinance 24-2022-23 (Second Reading) as amended: AYE: Allen, Holleman, Redd, Reynolds, Shakeenab, Streetman, Zacharias NAY: Butler, Marquis, Pitts, Richmond, Smith The motion to adopt Ordinance 24-2022-23 (Second Reading) as amended Passed MAYOR AND COUNCIL MEMBER COMMENTS ● Councilperson Reynolds reminded everyone about early voting. ● Councilperson Marquis reminded everyone about the 1st Friday of the month Reading 12  Program at Rotary Park. ● Councilperson Allen reminded everyone this month is Breast Cancer Awareness Month, Domestic Violence Awareness Month and National Disability Awareness Month. ● Councilperson Richmond announced the Fort Defiance event regarding the Importance of Oral Histories on October 8. ADJOURNMENT The meeting was adjourned at 7:59 pm 13