City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION MINUTES February 2, 2023, 6:00 P.M. PUBLIC COMMENTS: There were no public comments CALL TO ORDER Regular Session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, February 2, 2023, at 6:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Pastor Toni Jenkins; the Pledge of Allegiance was led by Councilperson Travis Holleman ATTENDANCE PRESENT: Brian Zacharias (Ward 1), Deanna McLaughlin (Ward 2), DaJaun Little (Ward 3), Wallace Redd (Ward 4) Ambar Marquis (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7), Karen Reynolds (Ward 9), Stacey Streetman (Ward 10), Joe Shakeenab (Ward 11), Trisha Butler (Ward 12) ABSENT: Wanda Allen (Ward 8) PLANNING COMMISSION PUBLIC HEARING Councilperson Stacey Streetman 1. ORDINANCE 73-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of DJ Development, LLC - Agent, Stanley Ross, for Zone Change on property located at the intersection of Madison St & Village Way from C-5 Highway & Arterial Commercial District to R-4 Multiple Family Residential District RPC: Approval/Approval Mr. Stanley Ross spoke for. Mr. David Gillespie spoke against. Mr. McKay spoke in rebuttal. 2. ORDINANCE 74-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Chris Blackwell Construction for Zone Change on property located at the intersection of Crossland Ave & Martin St from R-3 Three Family Residential District to R-6 Single Family Residential District RPC: Approval/Approval No one spoke for or against. 1 3. ORDINANCE 75-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Concord Ventures Group, LLC - Richard Garrett Agent, for Zone Change on property located at the intersection of Oak St & B St from R-3 Three Family Residential District to R-4 Multiple Family Residential District RPC: Approval/Approval Mr. Richard Garrett spoke for; no one spoke against. 4. ORDINANCE 76-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Rick Reda Homes, LLC for Zone Change on property located east of Ft Campbell Blvd and north of Idlewild St from R-1 Single Family Residential District to C-2 General Commercial District RPC: Approval/Approval Mr. Rick Reda spoke for; no one spoke against. 5. ORDINANCE 77-2022-23 (First 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 Liberty Pkwy & Delmar Dr from R-2 Single Family Residential District to C-2 General Commercial District RPC: Approval/Approval Mr. Johnathan Blick spoke for; Ms. Dianna Richardson spoke against. Mr. Blick spoke in rebuttal. 6. ORDINANCE 78-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Seay Wilson for Zone Change on property located at the intersection Pea Ridge Rd & Sambar Dr from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District RPC: Approval/Approval Mr. Wade Hadley and Mr. McKay both spoke for; no one spoke against. 7. ORDINANCE 79-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Progress Properties, LLC for Zone Change on property located at the intersection Scott Dr & Birch Rd from R-1 Single Family Residential District / C-5 Highway & Arterial Commercial District to R-2A Single Family Residential District RPC: Approval/Approval No one spoke for or against. 8. ORDINANCE 55-2022-23 (First Reading) [Referred back to RPC on 12/1/22] An Ordinance amending the City Zoning Ordinance of the City of Clarksville, Tennessee, as it pertains to lot coverage and cluster subdivision regulations RPC: Approval/Approval No one spoke for or against 2 ADOPTION OF ZONING 1. ORDINANCE 73-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of DJ Development, LLC - Agent, Stanley Ross, for Zone Change on property located at the intersection of Madison St & Village Way from C-5 Highway & Arterial Commercial District to R-4 Multiple Family Residential District RPC: Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 73-2022-23 (First Reading). Councilperson Holleman seconded. The following vote was recorded: AYE: Butler, Little, Marquis, McLaughlin, Pitts, Redd, Smith, Streetman NAY: Holleman, Reynolds, Shakeenab, Zacharias The motion to adopt ORDINANCE 73-2022-23 (First Reading) Passed. 2. ORDINANCE 74-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Chris Blackwell Construction for Zone Change on property located at the intersection of Crossland Ave & Martin 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 74-2022-23 (First Reading). Councilperson Holleman seconded. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Reynolds, Shakeenab, Streetman, Zacharias NAY: Pitts, Smith ABSTAIN: Redd The motion to adopt ORDINANCE 74-2022-23 (First Reading) Passed. 3. ORDINANCE 75-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Concord Ventures Group, LLC - Richard Garrett Agent, for Zone Change on property located at the intersection of Oak St & B 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 75-2022-23 (First Reading). Councilperson Holleman seconded. 3  The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 75-2022-23 (First Reading) Passed. 4. ORDINANCE 76-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Rick Reda Homes, LLC for Zone Change on property located east of Ft Campbell Blvd and north of Idlewild St from R-1 Single Family Residential District to C-2 General Commercial District RPC: Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 76-2022-23 (First Reading). Councilperson Redd seconded. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 76-2022-23 (First Reading) Passed. 5. ORDINANCE 77-2022-23 (First 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 Liberty Pkwy & Delmar Dr from R-2 Single Family Residential District to C-2 General Commercial District RPC: Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 77-2022-23 (First Reading). Councilperson Holleman seconded. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Redd, Shakeenab, Streetman NAY: Pitts, Reynolds, Smith, Zacharias The motion to adopt ORDINANCE 77-2022-23 (First Reading) Passed. 6. ORDINANCE 78-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Seay Wilson for Zone Change on property located at the intersection Pea Ridge Rd & Sambar Dr from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District RPC: Approval/Approval 4  Councilperson Streetman made a motion to adopt ORDINANCE 78-2022-23 (First Reading). Councilperson Redd seconded. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 78-2022-23 (First Reading) Passed. 7. ORDINANCE 79-2022-23 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Progress Properties, LLC for Zone Change on property located at the intersection Scott Dr & Birch Rd from R-1 Single Family Residential District / C-5 Highway & Arterial Commercial District to R-2A Single Family Residential District RPC: Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 79-2022-23 (First Reading). Councilperson Holleman seconded. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Redd, Streetman NAY: Reynolds, Shakeenab, Smith, Zacharias The motion to adopt ORDINANCE 79-2022-23 (First Reading) Passed. 8. ORDINANCE 55-2022-23 (First Reading) [Referred back to RPC on 12/1/22] An Ordinance amending the City Zoning Ordinance of the City of Clarksville, Tennessee, as it pertains to lot coverage and cluster subdivision regulations RPC: Approval/Approval Councilperson Streetman made a motion to adopt ORDINANCE 55-2022-23 (First Reading). Councilperson Holleman seconded. The following vote was recorded: AYE: Holleman, Little, Marquis McLaughlin, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias NAY: Butler The motion to adopt ORDINANCE 55-2022-23 (First Reading) Passed. 5 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 50-2022-23 (Second Reading) [Withdrawn in accordance with City Code section 1-204 (b) -no vote will take place on this item] Amending the Zoning Ordinance and Map of the City of Clarksville, application of Universal Exports, LLC, for Zone Change on property fronting the western terminus of Prewitt Ln south of Prewitt Ln & west of Whitfield Rd from AG Agricultural District to R-4 Multiple Family Residential District Councilperson Streetman asked to pull this item; there were no objections. 2. ORDINANCE 57-2022-23 (Second Reading) An Ordinance authorizing the Mayor, through the City Attorney or his designee, to conduct negotiations and enter into an agreement for purchase of certain property to be used as a fire station. 3. ORDINANCE 58-2022-23 (Second Reading) An Ordinance authorizing the Mayor, through the City Attorney, or his designee, to conduct negotiations and to enter into an agreement to acquire property for expansion of Dixon Park, or should negotiations fail, to pursue condemnation through use of eminent domain for acquisition of property for a public purpose for expansion and development of Dixon Park Councilperson Butler registered a No vote 4. ORDINANCE 59-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Bryce Powers, for Zone Change on property located at the intersection of Louisiana Ave & Laura Dr from R-2 Single Family Residential District to R-6 Single Family Residential District Councilpersons McLaughlin and Reynolds registered a No vote 5. ORDINANCE 60-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of J&N Enterprises, Inc., for Zone Change on property located at a portion of a tract located north of Tiny Town Rd, east of the Hattington Dr street stub, north of Danbury Dr, east of Barkers Mill Rd & Torrington Ln, and west of Sand Piper Dr from R-2 Single Family Residential District to R-2A Single Family Residential District 6. ORDINANCE 61-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reda Home Builders, Inc., for Zone Change on property fronting on the west frontage of Cave St near the northern terminus of Cave St from R-3 Three Family Residential District to R-4 Multiple Family Residential District 6  7. ORDINANCE 62-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Anthony D. Weinrich, DBA ADW Investments LLC, for Zone Change on property located at two parcels fronting on the north frontage of Duncan St., 135 +/- feet west of the eastern terminus of Duncan St from R-4 Multiple Family Residential District to R-6 Single Family Residential District 8. ORDINANCE 64-2022-23 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Habitat for Humanity, for Zone Change on property located at the intersection of Elder St & E. Union St from R-3 Three Family Residential District to R-2A Single Family Residential District 9. ORDINANCE 65-2022-23 (Second Reading) An Ordinance amending the operating budgets for Fiscal Year 2023 for Governmental Funds (Ordinance 146-2021-22) to add additional funding to the Capital Projects Fund and General Fund, amend the Pandemic Relief Fund and the Vehicle Replacement Fund Councilperson Streetman asked to pull this item; there were no objections. 10. RESOLUTION 45-2022-23 A Resolution approving appointments to the Community Health Foundation, Museum Board, Senior Citizen’s Board and Tree Board Councilperson McLaughlin abstained 11. RESOLUTION 47-2022-23 A Resolution approving a Certificate of Compliance for Sale of Wine at Quicktrip Market, 1265 Rossview Road, Clarksville TN 37043 Adoption of Minutes: January 5, 2023 Councilperson Smith made a motion to adopt the Consent Agenda. Councilperson Holleman seconded the motion. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Pitts, Red, Reynolds, Shakeenab, Smith, Streetman, Zacharias The motion to adopt the Consent Agenda Passed. ITEM PULLED FROM CONSENT 1. ORDINANCE 50-2022-23 (Second Reading) [Withdrawn in accordance with City Code section 1-204 (b) -no vote will take place on this item] Amending the Zoning Ordinance and Map of the City of Clarksville, application of Universal Exports, LLC, for Zone Change on property fronting the western terminus of Prewitt Ln south of Prewitt Ln & west of Whitfield Rd from AG Agricultural District to R-4 Multiple Family Residential District 7  Councilperson Streetman read the ordinance into the record and stated that this item was withdrawn in accordance with City Code section 1-204 (b) and no vote would be taken on this item. COMMITTEE REPORTS FINANCE COMMITTEE Chairperson Stacey Streetma 1. ORDINANCE 67-2022-23 (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 the Hazelwood\Pisgah School Sidewalk Project Finance Committee: Approval 2. ORDINANCE 68-2022-23 (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 the Meriwether Connection School Sidewalk Project Finance Committee: Approval 3. ORDINANCE 69-2022-23 (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 the Rossview Elementary Connection School Sidewalk Project Finance Committee: Approval 4. ORDINANCE 70-2022-23 (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 the Northeast Connection School Sidewalk Project Finance Committee: Approval 5. ORDINANCE 71-2022-23 (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 the Peachers Mill School Sidewalk Project. Finance Committee: Approval Chairperson Streetman made a motion to adopt Ordinance 67-2022-23 (First Reading). Councilperson Holleman seconded the motion. Councilperson McLaughlin then made a motion to adopt Ordinances 67-71 as a whole. Councilperson Redd seconded the motion. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias. The motion to adopt ORDINANCES 67 through 71-2022-23 (First Reading) Passed. 8 ITEM PULLED FROM CONSENT 1. ORDINANCE 65-2022-23 (Second Reading) An Ordinance amending the operating budgets for Fiscal Year 2023 for Governmental Funds (Ordinance 146-2021-22) to add additional funding to the Capital Projects Fund and General Fund, amend the Pandemic Relief Fund and the Vehicle Replacement Fund Chairperson Streetman made a motion to adopt ORDINANCE 65-2022-23 (Second Reading). Councilperson Holleman seconded the motion. Councilperson Streetman then made a motion to amend ORDINANCE 65-2022-23. Councilperson Redd seconded the motion. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias. The motion to amend ORDINANCE 65-2022-23 (Second Reading) Passed. The following vote was then taken to adopt ORDINANCE 65-2022-23 (Second Reading), as amended. AYE: Holleman, Little, Marquis, McLaughlin, Pitts, Redd, Reynolds, Shakeenab, Smith, Streetman, Zacharias NAY: Butler The motion to adopt ORDINANCE 65-2022-23 (Second Reading) as amended Passed. GAS & WATER COMMITTEE Chairperson Travis Holleman 1. Chairperson Holleman reported that the call center handled 9,970 calls, the services dept completed 4,593 work orders and responded to 461 after calls and the billing dept. Read 106,605 with an accuracy rate of 99.9%. NEIGHBORHOOD & COMMUNITY SERVICES COMMITTEE Chairperson Joe Shakeenab 1. Chairperson Shakeenab reported on the lead hazard protection program, the tenant-based rental assistance program and the emergency home rehab program. PARKS & RECREATION COMMITTEE Chairperson Brian Zacharias 1. Chairperson Zacharias reported on upcoming events. PUBLIC SAFETY COMMITTEE Chairperson Wallace Redd 1. Chairperson reported that CPD is hiring. He also reported on the upcoming police academy. 9 TRANSPORTATION-STREETS-GARAGE COMMITTEE Chairperson Wanda Smith 1. Chairperson Smith reported that the transportation department transported 43,344 passengers in January. She also reminded everyone to use the app. Street department had 8 zoning cases and 1 site review and active projects right now are sidewalks with 7 active road projects. NEW BUSINESS 1. ORDINANCE 56-2022-23 (First Reading - Postponed 12/1/22) An Ordinance amending the Operating Budgets for Fiscal Year 2023 for Governmental Funds (ORDINANCE 146-2021-22) to remove funding for the Roxy Regional Theater Councilperson Trisha Butler (previously sponsored by Vondell Richmond) Councilperson Butler made a motion to adopt ORDINANCE 56-2022-23 (First Reading). Councilperson Reynolds seconded the motion. Councilperson Butler then made a motion to adopt an amendment to ORDINANCE 56-2022-23 (First Reading) that would erase the last whereas statement. Councilperson Reynolds seconded. The following vote was recorded: AYE: Butler, Holleman, Little, Marquis, McLaughlin, Pitts, Red, Reynolds, Shakeenab, Smith, Streetman, Zacharias The motion to amend the ORDINANCE 56-2022-23 (First Reading) Passed. The following vote was recorded on ORDINANCE 56-2022-23 (First Reading) as amended. AYE: Butler NAY: Holleman, Little, Marquis, McLaughlin, Pitts, Red, Reynolds, Shakeenab, Smith, Streetman, Zacharias The motion to adopt ORDINANCE 56-2022-23 (First Reading) as amended Failed. 2. RESOLUTION 46-2022-23 A Resolution requesting the Parking Commission reconsider their decision and reinstate the issuance of free parking passes to the elected City Councilpersons in the City of Clarksville, TN and to the elected Commissioners in Montgomery County, TN Councilperson Karen Reynolds Councilperson Reynolds made a motion to adopt RESOLULTION 46-2022-23 and then presented an amendment. Councilperson Reynolds made a motion to amend RESOLUTION 46-2022-23. Councilperson Butler seconded. Councilperson Redd then made a motion to postpone the amendment to RESOLUTION 46-2022-23 until the March Regular Session. Councilperson Holleman seconded. 10  Councilperson Streetman called for the question. There were no objections and the following vote was taken. AYE: Pitts, Redd, Smith, Streetman NAY: Butler, Holleman, Little, Marquis, Reynolds, Shakeenab, Zacharias ABSTAIN: McLaughlin The motion to postpone adopting the amendment to RESOLUTION 46-2022-23 to the March Regular Session FAILED. The following vote was taken on the amendment to RESOLUTION 46-2022-23 AYE: Butler, Holleman, Little, Marquis, McLaughlin, Pitts, Redd, Reynolds, Shakeenab, Smith, Zacharias NAY: Streetman The motion to amend RESOLUTION 46-2022-23 Passed. Councilperson Redd made a motion to postpone RESOLUTION 46-2022-23, as amended until the March Regular Session. Councilperson Streetman called for the question. With objection, the following vote was taken: AYE: Butler, Little, McLaughlin, Pitts, Shakeenab, Smith, Streetman NAY: Holleman, Marquis, Redd, Reynolds, Zacharias The motion to ease discussion Passed. The following vote was taken: AYE: Holleman, Little, Marquis, McLaughlin, Pitts, Redd, Smith, Streetman NAY: Reynolds, Shakeenab, Zacharias The motion to postpone RESOLUTION 46-2022-23, as amended, to the March Regular Session Passed. 3. CONSIDERATION OF RESOLUTION 48-2022-23 A Resolution authorizing reapplication for Zone Change for property located at the intersection of Earl Slate Rd & Sanders Rd. (Requires a ¾ Majority Vote) Councilperson Redd made a motion to approve consideration of RESOLUTION 48-2022-23. Councilperson Smith seconded. 11  The following vote was taken: AYE: Butler, Holleman, Little, Marquis, Pitts, Redd, Smith NAY: McLaughlin, Reynolds, Shakeenab, Streetman, Zacharias The motion to Consider RESOLUTION 48-2022-23 Failed. 4. RESOLUTION 48-2022-23 A Resolution authorizing reapplication for Zone Change for property located at the intersection of Earl Slate Rd & Sanders Rd. (Requires a ¾ Majority Vote) Because the motion to consider failed, this item could not be voted on. MAYOR AND COUNCIL MEMBER COMMENTS 1. Councilperson Marquis reminded everyone about the reading program on the first Friday of the month. She also mentioned an Eagle Scout contacting her about the Little Library and would like help placing one. She asked any residents interested to please contact her so he can earn his badge. 2. Councilperson McLaughlin shared an email she received regarding parking downtown and the need for a smart phone and asked that all methods of payment be considered. The Mayor shared that there are old analog meters on the street which do accept coins. 3. Councilperson Zacharias shared that the application period for Habitat for Humanity homeownership program and the application period closes 2/28. For more information, go to the Habitat for Humanity website. 4. Councilpeson Reynolods reminded everyone about the Healthy Yards at Strawberry Ale Works. 5. Councilperson Smith reminded everyone that February is Black History month and encouraged everyone to work for change and to please take your families to the various events within the city. ADJOURNMENT The meeting was adjourned at 8:14 pm 12