City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION JULY 2, 2020 MINUTES PUBLIC COMMENTS Prior to the meeting, Juanita Charles said the proposed short term rental ordinance was cumbersome and felt members of the real estate community should be involved in developing these regulations. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, July 2, 2020, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. In an effort to facilitate the continued response to the Coronavirus Disease (COVID-19), this meeting was conducted in person, via Google Meets, and live streamed on cityofclarksville.com A prayer was offered by Mayor Pro Tem David Allen; the Pledge of Allegiance was led by Councillady Valerie Guzman. ATTENDANCE IN PERSON: Richard Garrett ( Ward 1), Valerie Guzman (Ward 5), David Allen, Mayor Pro Tem (Ward 8), ​Stacey Streetman (Ward 10), Gary Norris (Ward 11), Jeff Burkhart (Ward 12) VIA GOOGLE MEETS: Vondell Richmond (Ward 2), Tim Chandler (Ward 4), Wanda Smith (Ward 6), Travis Holleman (Ward 7), Jeff Henley (Ward 9) ABSENT: Ron Erb (Ward 3) SIGN LANGUAGE TRANSLATION Mayor Pitts announced this meeting was the first to be translated through sign language to members of the public who are deaf and hard of hearing. APPROVAL OF ELECTRONIC MEETING “In order to comply with the technical aspects of the Governor’s Executive Order regarding holding open meetings in a forum other than in the open and in public, this governing body determines that meeting electronically is necessary to protect the health, safety, and welfare of its citizens due to the COVID-19 outbreak.” Councillady Guzman made a motion to authorize the electronic meeting. The motion was seconded by Councilman Garrett. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to authorize the electronic meeting passed. ZONING PUBLIC HEARING Councilman Garrett made a motion to conduct a public hearing to receive comments related to requests for zone change. The motion was seconded by Councilman Norris. There was no objection. ORDINANCE 2-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Tupeno Partnership for zone change on property located at the intersection of Martin Luther King, Jr. Parkway, Old Farmers Road, and Wesson Drive, from R-1 Single Family Residential District to R-2 Single Family Residential District In accordance with the Alternative Comments Procedure (RESOLUTION 55-2019-20), there were no requests to speak in support of or in opposition to this ordinance. ORDINANCE 3-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hayes Property of Clarksville, LP, Daniel Chambers (Quiktrip Corporation)-Agent, for zone change on property located at the intersection of Interstate 24 and Rossview Road (SR237) from AG Agricultural District and R-1 Single Family Residential District to C-4 Highway Interchange District In accordance with the Alternative Comments Procedure (RESOLUTION 55-2019-20), there were no requests to speak in support of or in opposition to this ordinance. ORDINANCE 4-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Chris Blackwell for zone change on property at the intersection of Edmondson Ferry Road and Edmondson Ferry Court from R-2 Single Family Residential District to R-6 Single Family District In accordance with the Alternative Comments Procedure (RESOLUTION 55-2019-20), Chris Blackwell said the current zoning would allow construction of 18 homes, but he was requesting R-6 zoning to increase the number by 10 to help  cover his cost of the necessary water system upgrade. He said some homes would be available for sale and some would be rent-to-own. No one requested to speak in opposition. ORDINANCE 5-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Wm. Hoosier, Todd Morris-Agent, for zone change on property located at the terminus of Prewitt Lane from AG Agricultural District to R-1 Single Family Residential District In accordance with the Alternative Comments Procedure (RESOLUTION 55-2019-20), there were no requests to speak in support of or in opposition to this ordinance. Councilman Garrett made a motion to revert to regular session. The motion was seconded by Councillady Guzman. There was no objection. ADOPTION OF ZONING The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 2-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councillady Streetman said the developer changed this request from multi-family to single-family to be able to connect the development to Hwy. 76 instead of the existing neighborhood. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Norris, Pitts, Richmond, Smith, Streetman NO RESPONSE: Holleman The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 3-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councillady Streetman expressed concern about traffic exiting Powell Road onto Rossview Road with a signal. Councilman Chandler made a motion to postpone action on this ordinance to the August regular session to allow time to gather additional information from the developer. The motion was seconded by Councillady Smith. Mayor Pitts said the Street Department would require installation of a signal along with lane improvements. Councilman Burkhart said the property could currently be developed without a signal. The following vote was recorded: NAY: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to postpone action to the August regular session failed. The following vote on the main motion was recorded:  AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff was for disapproval of ORDINANCE 4-2020-21​; the recommendation of the Regional Planning Commission was for approval. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. Councilman Holleman expressed support for this development and said it would compliment existing developments along Edmondson Ferry Road. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, 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 5-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. Councilman Garrett made a motion to amend the map for this property by deleting a separate pending zoning case also shown on the map presented during the June 25th Executive Session. The motion was seconded by Councilman Allen. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to amend the map passed. Councilman Chandler, Councilman Henley, and Councilman Allen opposed this change because of potential traffic problems. Although there was no previous opposition to this change, Councilman Garrett made a motion to postpone action on this ordinance to the August 6 regular session to give the developer an opportunity to offer additional information including a traffic study. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to postpone action on this ordinance to the August regular session passed. 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 78-2019-20 (Second Reading) Authorizing a quit claim deed to transfer property on Blackman Street to Sydney Hedrick 2. ORDINANCE 79-2019-20 ​(Second Reading) Authorizing extension of utility services to property located at Sango Road and Durham Road; request of Houston Smith/TTL Engineering 3. ORDINANCE 80-2019-20 ​(Second Reading) Authorizing extension of utility services to 3431 Buck Road; request of Christine Oliver 4. ORDINANCE 81-2019-20 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of William and Raynetta Drinnon, Robert Chaney-Agent, for zone change on property located at the intersection of Oak Street and E Street from R-2 Three Family Residential District to R-2A Single Family Residential District 5. ORDINANCE 82-2019-20 ​(Second Reading) Amending the Zoning Ordinance of the City of Clarksville, application of the Regional Planning Commission relative to defining recreational vehicles and campers and their allowance in mobile home parks 6. RESOLUTION 7-2020-21 Approving appointments to Arts & Heritage Development Council, Ethics Commission, Human Relations Commission, Museum Board, Public Art Commission, and Rail Service Authority ● Arts & Heritage Development Council: Dr. Phil Kemmerly, Mandy Smith - July 2020 through June 2023 ● Ethics Commission: Bridgett Childs - July 2020 through June 2023 ● Human Relations Commission: Katobwa Stallworth, Harold Wallace, III - July 2020 through June 2023 ● Museum Board: Stacey Streetman - January 2020 through December 2020 ● Public Art Commission: Bob Privett, Jennifer Snyder - June 2020 through May 2024; Wanda Smith - June 2020 through May 2022 ● Rail Service Authority: Richard Swift - July 2019 through June 2023 7. Adoption of Minutes: June 4, June 15, June 18, June 23 Councilman Garrett made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councillady Streetman. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the Consent Agenda as presented passed. FINANCE COMMITTEE ​Chairman Jeff Burkhart ORDINANCE 1-2020-21 (First Reading) Amending the Official Code to establish regulations pertaining to short term rentals The recommendation of the Finance Committee was for approval; the Public Safety Committee postponed action on this ordinance. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Norris. Councilman Garrett made a motion to postpone action on this ordinance indefinitely. The motion was not seconded. Councillady Streetman said the purpose of this ordinance was to address concerns from property owners adjacent to short term rental properties and allow a recourse for those who are affected by unwanted activities. She said the proposed $150 permit fee would cover the cost of inspections and verification of payment of appropriate taxes and sufficient insurance coverage. Councilman Norris made a motion to amend this ordinance by deleting “homeowner’s, fire, hazard, and” from Section 5-304, Paragraph 8, Proof of Insurance. The motion was seconded by Councillady Streetman. Following discussion, Councilman Burkhart made a motion to amend Councilman Norris' amendment by deleting Paragraph 8 in its entirety. The motion was seconded by Councilman Garrett. Councilman Burkhart and Councilman Garrett felt it was not the government’s responsibility to require insurance for this type of business. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Richmond, Smith NAY: Pitts, Streetman Councilman Burkhart’s amendment to delete Paragraph 8 passed. The following vote on Councilman Norris’ amendment as amended was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The amendment to delete Section 5-304(8) passed. Councilman Allen objected to limiting the number of persons allowed in a short term rental to 20. Councilman Garrett made a motion to delete Section 5-311, Subsection (d) “maximum occupancy.” The motion was seconded by Councillady Smith. After Mr. Baker’s clarification that the limit of 20 persons was specified in Subsection (h) “large gatherings prohibited,” Councilman Garrett offered to amend his amendment by deleting Subsection (h) instead of Subsection (d). The motion was seconded by Councillady Smith. Councilman Chandler called for the question on this amendment. The question was seconded by Councilman Holleman. The following vote was recorded: AYE: Allen, Chandler, Garrett, Henley, Holleman, Richmond NAY: Burkhart, Guzman, Norris, Pitts, Smith, Streetman The motion to cease discussion on this amendment failed. In response to Councilman Burkhart’s question, Mr. Baker said the number of occupants allowed in a structure would be determined by the Fire Marshal. The Council recessed at 9:15 p.m. and reconvened at 9:25 p.m. Councilman Allen called for the question on Councilman Garrett’s amendment to his amendment. The question was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith NAY: Streetman The motion to cease discussion on Councilman Garrett’s amendment passed. The following vote on Councilman Garrett’s amendment to his amendment was recorded: AYE: Allen, Garrett, Henley, Holleman, Richmond, Smith NAY: Burkhart, Chandler, Guzman, Norris, Pitts, Streetman Councilman Garrett’s amendment to his amendment (delete Sec. 5-311 (h) “large gatherings prohibited) failed. Councilman Garrett said his intent was for Sec. 5-311(d) to remain as proposed. The following vote was recorded: NAY: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Smith, Streetman ABSTAIN: Richmond The motion to delete Section 5-311, Subsection (d) “maximum occupancy” failed. Councilman Allen made a motion to postpone first reading of this ordinance as amended indefinitely. The motion was seconded by Councilman Garrett. Councilman Burkhart made a motion to amend Councilman Allen’s motion to postpone first reading to the next regular session. The motion was seconded by Councillady Guzman. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman  Councilman Burkhart’s amendment passed. The following vote on Councilman Allen’s motion as amended was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to postpone first reading on this ordinance to the next regular session passed. RESOLUTION 1-2020-21 Authorizing an interlocal agreement with the E911 Emergency Communications District The recommendations of the Finance Committee and Public Safety Committee were for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councillady Guzman. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. RESOLUTION 2-2020-21 Authorizing an interlocal agreement with Montgomery County regarding shared expenses for autopsies The recommendations of the Finance Committee and Public Safety Committee were for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councillady Guzman. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. RESOLUTION 3-2020-21 Authorizing a Memorandum of Understanding with the Clarksville-Montgomery County Arts & Heritage Development Council pertaining to Clarksville’s Original Suffragist Monument on Public Square The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Norris. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed.  RESOLUTION 4-2020-21 ​Authorizing the Grant Application and Adopting the 2020-2024 Consolidated Plan and the 2020-2021 Annual Action Plan and the 2020-2021 Budget for Community Development Block Grant and HOME Programs The recommendations of the Finance Committee and Housing & Community Development Committee were for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councillady Streetman. There was no discussion The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. RESOLUTION 5-2020-21 Adopting Personnel Policy #20-1 pertaining to Confined Spaces in the Workplace The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Garrett. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. RESOLUTION 6-2020-21 Adopting Personnel Policy #20-2 pertaining to Control of Hazardous Energy Sources in the Workplace The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councillady Streetman. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. REPORTS ON DEBT OBLIGATION ($4,430,000, $42,619,000) Councilman Burkhart said these debt obligations were refunded and reissued which saved a considerable amount of fees. No action was required. GAS & WATER COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman shared the following monthly department statistics: 416 million gallons treated sewer, 7,000 call center inquiries. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE ​Chairman David Allen Councilman Allen said a reconstruction project in the south area of the city was ready for bid. He said the HCD staff was updating the 2019-20 Annual Action Plan which would include the CARES Act Funding. PARKS & RECREATION COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman said Swan Lake and Bel Aire pools were open with modifications and the City’s Independence Day celebration would include virtual activities. She noted upcoming events including Movies in the Park and Fall sports registration. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley Councilman Henley shared the following monthly department statistics: Building & Codes - 2,915 inspections, 260 code enforcement cases, 72 single-family permits, 23 commercial permits, zero multi-family permits, 61 abatement work orders; Fire Rescue - 1,173 runs; Police - 12,000+ calls for service. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler Councilman Chandler said Garage gas and diesel fuel expenses were $59,000 less than the previous month and overall expenses were $37,000 less than budgeted. He said the Street Department closed 215 work orders with paving projects continuing and noted the traffic signal at 4th Street & College Street was in operation. TRANSPORTATION COMMITTEE ​Chairlady Wanda Smith Councillady Smith shared the following monthly department statistics: 50,198 passengers including 2,928 senior citizens, and 2,229 demand responses. She said a contract had been awarded to ETA Transit for the service tracking and scheduling software which should be available in the Fall. EXTENDING ALTERNATIVE COMMENTS PROCEDURE RESOLUTION 8-2020-21 ​Extending the time period for alternative public comments and public hearing procedures due to continued State of Emergency declared by Governor Bill Lee due to COVID-19 Because this resolution was not presented during the June 25 Executive Session, Councilman Allen made a motion to consider this resolution. The motion was seconded by Councilman Chandler. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to consider this resolution passed by the required 3/4 majority approval. Councilman Allen made a motion to adopt this resolution. The motion was seconded by Councillady Smith. There was no discussion. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. JEFF ROBINSON V. CITY Councilman Allen made a motion to postpone action on the settlement of the Robinson, et al, v. City case to the next regular session. The motion was seconded by Councillady Smith. There was no discussion. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to postpone action on this settlement passed. MAYOR AND COUNCIL MEMBER COMMENTS Mayor Pitts expressed appreciation to the technicians providing sign language services. He announced City Offices would be closed on July 3 in observance of Independence Day. ADJOURNMENT The meeting adjourned at 9:59 p.m. ADOPTED: August 6, 2020