City Council

CLARKSVILLE CITY COUNCIL SPECIAL SESSION JUNE 15, 2020, 4:30 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE IN AN EFFORT TO FACILITATE THE CONTINUED RESPONSE TO THE CORONAVIRUS DISEASE (COVID-19), THIS MEETING WILL BE CONDUCTED IN PERSON, VIA GOOGLE MEETS, AND LIVE STREAMED ON CITYOFCLARKSVILLE.COM. AGENDA 1) CALL TO ORDER ​Mayor Joe Pitts 2) PRAYER ​Councillady Wanda Smith 3) ATTENDANCE ​City Clerk 4) APPROVAL OF ELECTRONIC MEETING MOTION: “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.” 5) FY21 BUDGET WORK SESSION 1. ORDINANCE 83-2019-20 Amending the FY20 Budget and approving the FY21 Operating Budget for the Central Business Improvement District 2. ORDINANCE 84-2019-20 Amending the Operating and Capital Budget for FY20 and adopting the Operating and Capital Budget for FY21 for CDE Lightband  3. ORDINANCE 85-2019-20 Amending the Operating and Capital Budget for FY20 and adopting the Operating and Capital Budget for FY21 for Clarksville Transit System 4. ORDINANCE 86-2019-20 Amending the Operating and Capital Budgets for FY20 and adopting the Operating and Capital Budget for FY21 for Clarksville Gas & Water Department 5. ORDINANCE 87-2019-20 Amending the FY20 Budget and Approving the FY21 Annual Action Plan and Budget and authorizing application for Community Development Block Grant and HOME Investment Partnership Funds 6. ORDINANCE 88-2019-20 Amending the FY20 Operating Budget and adopting the FY21 Operating Budget for the Internal Service Fund 7. ORDINANCE 89-2019-20 Amending the FY20 Budget and establishing the Operating Budget for FY21 for the Clarksville Parking Commission 8. ORDINANCE 90-2019-20 Amending the City of Clarksville Operating and Capital Budget for FY20 and adopting the Operating and Capital Budget for FY21 for City of Clarksville Governmental Funds and adopting the Tax Rate for the fiscal year beginning July 1, 2020 and ending June 30, 202 6) ADJOURNMENT  ORDINANCE 83-2019-20 AN ORDINANCE AMENDING THE 2019-2020 BUDGET AND APPROVING THE 2020-2021 OPERATING BUDGET FOR THE CENTRAL BUSINESS IMPROVEMENT DISTRICT (CBID) WHEREAS, As per City Code Chapter 9 pertaining to the Central Business Improvement District and the budget review process as specified and required in the "Central Business Improvement District Act of 1990" (codified at Tenn. Code Ann. §7-84-501, et. seq.) as may be amended from time to time by the Tennessee General Assembly, and all other provisions of said state law, shall be followed and adhered to by the district management corporation designated; and WHEREAS, The district management corporation shall submit an annual proposed budget for review and approval by the city council. This proposed budget shall include a statement of the public improvements to be made, the services to be provided, and the projects and activities to be conducted, during the ensuing fiscal year, within and for the district, the proposed budget for same, and a statement of proposed recommended assessment rate(s) for financing the proposed budget; and WHEREAS, As per City Code, specifically Chapter 9, Section 12-905, the economic development council (EDC) is hereby designated as the "district management corporation" within the meaning of T.C.A. § 7-84-501, et seq., and specifically in accordance with T.C.A. § 7-84-519, for the "central business improvement district." WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS​, the provisions of the Tennessee Code Annotated require each municipality to operate under an annual appropriation ordinance; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the 2019-2020 budget is amended and the 2020-2021 Operating Budget is hereby adopted and approved. Section 1. Revenues and Expenditures. Revenues and expenditures of the CBID are shown on the budget schedule below. Section 2. The CBID is not requesting an assessment for FY21 and plans to use fund balance from previous activities to fund operating costs for FY21. Section 4. Statement of Public Improvements Planned Use of Funds Amount Third & Main Mixed Use Development $15,000 Downtown Commons/MPEC Spinoff Mixed Use 0 Riverside Drive Corridor 0 Trail and Pedestrian Connections 0 Travel, Meetings and/or Conferences 1,500 CBID Planning & Development Committee Consultant 60,000 TOTAL $76,500 The CBID intends to make progress in all initiatives above through collaborations with vested civic and private organizations, negotiations with district property owners and strategic investment of resources. FIRST READING: Scheduled for June 18, 2020 SECOND READING: Scheduled for June 23, 2020 EFFECTIVE DATE: June 30, 2020  ORDINANCE 84-2019-20 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2020 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2021 FOR CDE LIGHTBAND WHEREAS, Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenses of CDE Lightband for the fiscal years 2020 and 2021 are amended and/or approved as follows: Expenses of enterprise funds may vary significantly especially due to the impact of purchased power, gas or chemicals. Due to the operational necessity to provide the services offered the enterprise fund is authorized to expend funds irrespective of the appropriations contained within this Ordinance. Any operationally necessary budget amendments will be made at fiscal year end. FIRST READING: Scheduled for June 18, 2020 SECOND READING: Scheduled for June 23, 2020 EFFECTIVE DATE: June 30, 2020  ORDINANCE 85-2019-20 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2020 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2021 FOR THE CLARKSVILLE TRANSIT SYSTEM WHEREAS, Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenditures of the Clarksville Transit System for the fiscal years 2020 and 2021 are amended and/or approved as follows​: FIRST READING: Scheduled for June 18, 2020 SECOND READING: Scheduled for June 23, 2020 EFFECTIVE DATE: June 23, 2020  ORDINANCE 86-2019-20 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2020 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2021 FOR THE CLARKSVILLE GAS & WATER DEPARTMENT WHEREAS, City Charter, Article VII, Section 3(a) budget ordinances need not be in more detail than a lump sum for each department. TCA 7-34-114(a) requires revision of rates, fees or charges, from time to time, whenever necessary so that enterprise funds always remains self-supporting. WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenses of the Clarksville Gas & Water Department for the fiscal years 2020 and 2021 are amended and/or approved as follows: Expenses of enterprise funds may vary significantly especially due to the impact of purchased power, gas or chemicals. Due to the operational necessity to provide the services offered the enterprise fund is authorized to expend funds irrespective of the appropriations contained within this Ordinance. Any operationally necessary budget amendments will be made at fiscal year end. FIRST READING: Scheduled for June 18, 2020 SECOND READING: Scheduled for June 23, 2020 EFFECTIVE DATE: June 30, 2020  ORDINANCE 87-2019-20 AN ORDINANCE AMENDING THE 2019-2020 BUDGET AND APPROVING THE 2020-2021 ANNUAL ACTION PLAN AND BUDGET AND AUTHORIZING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP FUNDS WHEREAS​, Regulation 24 CFR Part 91 issued by the U.S. Department of Housing and Urban Development (HUD) requires the city to submit and receive HUD approval of an annual action plan as part of a HUD-approved five-year consolidated plan for the City of Clarksville; and WHEREAS​, Title I of the Housing and Community Development Act of 1974, as amended, establishes a Community Development Block Grant (CDBG) program for the purpose of developing viable urban communities by providing decent housing and suitable living environments and expanding economic opportunities and preventing and/or eliminating conditions of slum and blight, principally for persons of low and moderate income; and WHEREAS​, the Statement of Purpose for this Ordinance reflects comments from agencies, organizations and citizens as related to funding received from two HUD programs; the Community Development Block Grant and the HOME Investment Partnership Program; and WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS​, the provisions of the Tennessee Code Annotated require each municipality to operate under an annual appropriation ordinance. WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the 2019-2020 budget is amended and the 2020-2021 Annual Action Plan and the 2020-2021 “Budget and Program of Expenditures” is hereby adopted and approved. Section 1. Revenues and Expenditures. Revenues and expenditures the Community Development Block Grant, Home Investment Partnership, Emergency Solutions and Continuum of Care Grants are shown on the budget schedule below. Revenues are estimated to be sufficient to pay the estimated expenditures of the fund. FIRST READING: Scheduled for June 18, 2020 SECOND READING: Scheduled for June 23, 2020 EFFECTIVE DATE: June 30, 2020  ORDINANCE 88-2019-2020 AN ORDINANCE AMENDING THE FISCAL YEAR 2020 AND ADOPTING THE OPERATING BUDGET FOR FISCAL YEAR 2021 FOR THE INTERNAL SERVICE FUNDS. WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the provisions of the Tennessee Code Annotated require each municipality to operate under an annual appropriation ordinance; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenses of the City of Clarksville’s Internal Service Funds for the fiscal years 2020 and 2021 are approved as follows: Section 1. Revenues and Expenses. Revenues and expenses for the City of Clarksville’s Internal Service Funds are shown below. Revenues are estimated to be sufficient to pay the estimated expenses of the Internal Service Funds' operations. FIRST READING: Scheduled for June 18, 2020 SECOND READING: Scheduled for June 23, 2020 EFFECTIVE DATE: June 30, 2020  ORDINANCE 89-2019-20 AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET AND ESTABLISHING THE OPERATING BUDGET FOR FISCAL YEAR 2021 FOR THE CLARKSVILLE PARKING COMMISSION, A PROPRIETARY FUND. WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the amended revenues and expenses of the City of Clarksville’s Parking Commission for the fiscal year 2020 and the estimated revenues and expenses for the fiscal year 2021 are as follows: Section 1. Revenues and Expenses. Revenues and expenses for the City of Clarksville’s Parking Commission (an Enterprise Fund) are shown on the budget schedules below. Revenues are estimated to be sufficient to pay the estimated expenses of the Parking Commission’s operations. Section 2. Operating services for the Parking Commission are provided by the general fund of the City, the Parking fund reimburses the General Fund of the City for actual expenses incurred as a management fee. FIRST READING: Scheduled for June 18, 2020 SECOND READING: Scheduled for June 23, 2020 EFFECTIVE DATE: June 30, 2020  FY 2021 BUDGET GOVERNMENTAL FUNDS (EXCLUDING HOUSING & COMMUNITY DEVELOPMENT) Ordinance 90-2019-20  ORDINANCE 90-2019-20 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2020 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2021 FOR THE GOVERNMENTAL FUNDS AND ADOPTING THE TAX RATE FOR THE FISCAL YEAR BEGINNING JULY 1, 2020 AND ENDING JUNE 30, 2021 WHEREAS, Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, ​Tennessee Code Annotated Title 9 Chapter 1 Section 116 requires that all funds shall first be appropriated before being expended and that only funds that are available shall be appropriated, and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenditures of the City of Clarksville for the fiscal years 2020 and 2021 are amended and/or approved as follows: Section 1. ​That the governing body estimates anticipated revenues for its governmental funds from all sources to be as stated in the tables that follow. Section 2. That the governing body appropriates from these anticipated revenues and unexpended and unencumbered funds as follows in all of the tables that follow. Section 3. ​At the end of the current fiscal year, the governing body estimates balances as follows in all of the tables that follow. Section 4​. That the governing body recognizes that the municipality has bonded and other indebtedness as follows: Bonded or Total Debt FY2021 FY2021 Debt Previously Other 7/1/2020 Principal Interest Authorized and Indebtedness Requirements Requirements Unissued Bonds $84,241,000 $7,784,000 $1,770,954 $37,135,000 Notes 8,422,000 1,106,000 692,116 Issued (not 14,000,000 drawn down) Total Debt $106,663,000 $8,890,000 $2,463,070 Section 5​. No appropriation listed above may be exceeded without an amendment of the budget ordinance as required by Article VII, Section 3 of the Clarksville City Charter. Amendments to the adopted budget ordinance may be approved by ordinance at any time during the fiscal year by the affirmative vote of a majority of the council on two separate readings. Section 6​. ​Tax Rate. ​ The City of Clarksville’s fiscal year 2021 (tax year 2020) tax rate for real and personal property shall be $1.0296 per each ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUE. Section 7​. ​Payments to Tennessee Consolidated Retirement System. For the fiscal year 2021, the City of Clarksville’s rate of funding to the Tennessee Consolidated Retirement System (TCRS) will be 18.03% of covered salaries and wages for public safety employees and 14.53% for all others. Section 8​. ​Other Post Employment Benefits. The City recognizes that under the provisions of Governmental Accounting Standards Board (GASB) Statement 45 that it has an obligation for “Other Post Employment Benefits” (“OPEB”). In FY 2021, the City’s governmental funds will continue on a pay-as-you-go basis. Nothing in this section shall prevent any proprietary fund, agency, or component unit of the city from funding its OPEB obligations under the provisions of GASB 45 in FY 2021. Section 9​. ​In Lieu of Taxes, Clarksville Department of Electricity and Clarksville Department of Gas, Water & Sewer. ​The City has budgeted to collect the maximum in lieu of tax payment permitted by the Tennessee Code Annotated from the Clarksville Department of Gas, Water & Sewer and CDE Lightband and accounts for these payments in the general fund as operating revenues. Section 10​. ​Payments to Montgomery County – In Lieu of Taxes. Under the provisions of the Tennessee Code Annotated, 22.5% of the in lieu of tax payment actually paid to the city by the Clarksville Department of Electricity (CDE Lightband) to the City of Clarksville's general government must be paid over to Montgomery County. The amount of the appropriation to be paid over to Montgomery County contained within this appropriating ordinance is based on an estimated annual in lieu of tax payment included in the financing sources of the city. The Chief Financial Officer is authorized to comply with the legal requirement that provides for the actual payment of 22.5% of the in-lieu-of-tax paid to the city to be paid to Montgomery County irrespective of the appropriation contained within this ordinance. Section 11​. ​Payments to Montgomery County – Share of State Liquor Taxes. Under the provisions of the Tennessee Code Annotated, 50% of the state liquor taxes paid to the City of Clarksville by the State of Tennessee must be paid over to Montgomery County for the purpose of funding education. The amount of the appropriation to be paid over to Montgomery County contained within this appropriating ordinance is based on an annual revenue estimate of the state shared revenue for the liquor tax. The Chief Financial Officer is authorized to comply with the legal requirement to pay over to Montgomery County 50% of the state liquor taxes received by the city irrespective of the appropriation contained within this ordinance. Section 12. ​A departmental budget and the published operating budget and budgetary comparisons shown by fund with beginning and ending fund balances and the number of full time employees authorized by department and/or fund shall be considered part of this ordinance. Department FY2020 FY2021 Full-time Full-time Employees Employees Legislative/Administrative (includes Council) 14 14 Building Codes 30 30 City Court 5 5 Finance & Revenue/Parking 19 19 Fire Department 235 235 Garage 15 15 Human Resources 11 11 Human Resources – Security 8 8 Legal Department 5 5 Information Technology 12 12 Internal Audit 3 3 Mayor's Office 6 6 Municipal Properties 2 2 Parks and Recreation/Golf 82 82 Dispatch 34 34 Police 345 345 Purchasing 3 3 Street Department 89 89 Gas, Water & Sewer 268 283 CDE Lightband 195 201 Transit 91 91 Housing & Community Development 6 6 TOTAL FULL-TIME 1478 1499 Section 13.​ ​Policy for Funding of Non-Profit Agencies 1. Per State Law: a. Organization must be a 501(c)(3), 501(c)(4), or 501(c)(6) with documentation provided from the Internal Revenue Service. b. Organization provides year-round services benefitting the general welfare of the city’s residents. c. Organization files a copy of an annual audit of its business affairs and related transactions 2. Additional City of Clarksville requirements: a. Organization must be related or support moving the City forward in providing a municipal purpose. b. Organization must disclose at least annually and throughout the funding year any City employee or elected official associated with their agency in any capacity, stating their name and role they play in the non-profit agency. c. Funding may be withheld at the discretion of the City of Clarksville’s Finance Department until all requirements are met and kept current. d. If approved for funding by the City of Clarksville, the organization agrees to allow access to financial records during the funding period. e. Organization agrees that funds requested will ​only be used for the purposes stated and approved in their budget request f. The City shall determine funding distribution to be either monthly, quarterly, or annually g. Any change in proposed use of funds during the funding year must be submitted to the City in writing for approval prior to use. h. Organizations receiving $50,000 or more of funding from the City are required to follow the City’s purchasing policy including but not limited to bids and quotes for any purchase made with City provided funds. i. Organizations receiving any audit findings shall disclose these findings with their annual funding request. At the discretion of the CFO for the City, funding may be withheld until a satisfactory plan to address the findings has been received. j. Organization is required to submit quarterly financial reports no later than 45 days after the end of the quarters ending September, December, March and June of each year. Section 14. ​If for any reason a budget ordinance is not adopted prior to the beginning of the next fiscal year, the appropriations in this budget ordinance shall become the appropriations for the next fiscal year until the adoption of the new budget ordinance, provided sufficient revenues are being collected to support the continuing appropriations as per Charter provision. Approval of the Director of the Division of Local Finance in the Comptroller of the Treasury for a continuation budget will be requested if any indebtedness is outstanding. Section 15. In an effort for the City’s pay practices to remain competitive with changes in labor market conditions, City Code Section 1.5-403 provides for the Human Resources Department to review and propose adjustments to the compensation plan including adjusting the salary structure to be competitive with the market. Further Section 1.5-405b provides for the recommendation by the Human Resources Department to provide annual general pay increases for City employees. Notwithstanding any provision of the Official Code of the City of Clarksville to the contrary, based on the current economic uncertainty this status quo budget does not include a recommendation from the Human Resources Department or any general wage increase for any employees. Section 16. Capital Project Revenue District. In order to provide accountability, since the exact amount due as a result of increased valuations and which would be available to the CPRD, the amount of Property Tax to be transferred to the CPRD fund will be capped at $2,434,000 for Fiscal Year 2021. Section 17. Parks & Recreation and Golf Courses. ​This ordinance shall provide authorization for the budgets of Parks and Recreation, Mason Rudolph Golf Course and Swan Lake Golf Course to be merged, therefore allowing operational efficiencies of shared resources. As provided for by City Code in certain circumstances the Department head or Mayor have authority to move funds within the department’s budgets. For the purposes of budget appropriations and expenditures of Parks and Recreation and the Golf Courses shall be considered one department. Section 18. ​This ordinance shall take effect June 30, 2020 for the good of the public. BUDGET SUMMARY PUBLISHED: June 7, 2020 PUBLIC HEARING: Scheduled for June 18, 2020 FIRST READING: Scheduled for June 18, 2020 SECOND READING: Scheduled for June 23, 2020 EFFECTIVE DATE: June 30,2020