City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION OCTOBER 1, 2020 MINUTES PUBLIC COMMENTS Prior to the meeting, Leonia Sanders Tucker, President of the Commission on Race and Religion, said the police report for a recent vehicle incident she was involved in did not match the officer’s comments at the scene and there were 19 minutes of the bodycam video had been muted. Amy Holland asked for police patrol and speed bumps on Old Ashland City Road and presented a petition of area residents’ signatures supporting her request. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, October 1, 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 Councilman Richard Garrett; the Pledge of Allegiance was led by Councilman Travis Holleman. ATTENDANCE IN PERSON: Richard Garrett (Ward 1), Vondell Richmond (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7), David Allen, Mayor Pro Tem (Ward 8)​, ​Jeff Henley (Ward 9), Stacey Streetman (Ward 10), Gary Norris (Ward 11), Jeff Burkhart (Ward 12) 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 Smith made a motion to authorize the electronic meeting. The motion was seconded by Councilman Holleman. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to authorize the electronic meeting unanimously passed. PUBLIC HEARING Councilman Garrett made a motion to conduct a public hearing to receive comments from the public regarding requests for abandonment and zone change. The motion was seconded by Councilman Henley. There was no objection. RESOLUTION 24-2020-21 ​Approving abandonment of an alleyway located south of College Street, north of Main Street, and east of 9th Street; request of James Corlew, Sr. No requests were submitted to speak in support of or in opposition to this application. ORDINANCE 30-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Cody and Lindsey Heggie, Sydney Hedrick-Agent, for zone change on property located at the intersection of Madison Street and Liberty Parkway from O-1 Office District to C-2 General Commercial District No requests were submitted to speak in support of or in opposition to this change. ORDINANCE 31-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Sandra Taylor, Rosalynd Greene, and Robert Darden, Rex Hawkins-Agent, for zone change on property located at the intersection of Trenton Road and Aspen Grove Way from AG Agricultural District to R-2 Single Family Residential District Sandra Taylor and Rosalynd Greene asked for support of this change. Rex Hawkins offered to answer questions; no questions were asked. No requests were submitted to speak in opposition to this change. Councilman Burkhart stated his intention to abstain from voting on this ordinance because he was a buyer of the property. ORDINANCE 32-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of William and Virginia Scogin for zone change on property located at the intersection of Shelby Street and Providence Boulevard from R-3 Three Family Residential District to R-4 Multiple Family Residential District No requests were submitted to speak in support of or in opposition to this change. ORDINANCE 33-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Winn Properties, Crabbe Homes/John Crabbe-Agent, for zone change on property located at the intersection of Fire Station Road and Trough Springs Road from C-4 Highway Interchange District to R-4 Multiple Family Residential District Chris Goodman asked for support of this change. John Crabbe offered to answer questions; no questions were asked. No requests were submitted to speak in opposition to this change. ORDINANCE 34-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Morgan, Inc. for zone change on property located at the intersection of Hawkins Road and East Johnson Circle and the intersection of Hawkins Road and Edmondson Ferry Road from R-1 Single Family Residential District to R-2 Single Family Residential District No requests were submitted to speak in support of or in opposition to this change. ORDINANCE 35-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of William Belew, Jr. for zone change on property located at the intersection of Needmore Road and East Boy Scout Road from R-1A Single Family Residential District to R-4 Multiple Family Residential District No requests were submitted to speak in support of or in opposition to this change. ORDINANCE 36-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of David Rittenberry and William Parker, Eddie Burchett-Agent, for zone change on property located at the intersection of Needmore Road and Centerstone Circle from AG Agricultural District and R-3 Three Family Residential to R-4 Multiple Family Residential District  No requests were submitted to speak in support of or in opposition to this change. ORDINANCE 37-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Daniel Hayes for zone change on property located at the intersection of Shannon Street and Ashbury Road from C-5 Highway & Arterial Commercial District to R-2 Single Family Residential District No requests were submitted to speak in support of or in opposition to this change. APPROVAL OF ABANDONMENT The recommendations of the Regional Planning Staff and Commission were for approval of ​RESOLUTION 24-2020-21​. Councilman Garrett made a motion to adopt this resolution. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. ADOPTION OF ZONING The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 30-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 31-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Smith. The following vote was recorded: AYE: Allen, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman ABSTAIN: Burkhart  The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 32-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Smith. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 33-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Richmond. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 34-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Smith. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 35-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Holleman. Councilman Chandler said area schools were already overcrowded with some using portable classrooms. Councillady Smith noted Needmore Road was narrow and did not have sidewalks. Councilman Garrett said the developer was considering building a community center in this area. Councilman Allen said the applicant would install sidewalks to connect to Pisgah Elementary School. Councillady Streetman objected to a large multi-family complex being developed next to a school. Councilman Henley said Parks & Recreation had already identified this as a suitable location for a new community center. The following vote was recorded: AYE: Allen, Burkhart, Garrett, Guzman, Henley, Holleman, Norris, Richmond, Smith  NAY: Chandler, Erb, Pitts, Streetman The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 36-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 37-2020-21​. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously 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 10-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Faith Investments ℅ Chris Blackwell for zone change on property located at the intersection of North Whitfield Road and Needmore Road from AG Agricultural District to R-4 Multiple Family Residential District 2. ORDINANCE 18-2020-21 ​(Second Reading) Authorizing extension of city utilities to property located on Garrettsburg Road; request of Vernon Weakley 3. ORDINANCE 20-2020-21 ​(Second Reading) Amending the Official Code relative to gas, water, and sewer charges, deposits, programs, adjustments, and installment plans 4. ORDINANCE 21-2020-21 ​(Second Reading) Waiving credit processing ​fees Community Development  5. ORDINANCE 22-2020-21 ​(Second Reading) Amending the Official Code relative to storage of inoperable vehicles on commercial property 6. ORDINANCE 23-2020-21 (Second Reading) Authorizing sale of property located at 10 Jamestown Place to Habitat For Humanity 7. ORDINANCE 24-2020-21 (Second Reading) Amending the Official Code relative to the Code of Ethics regarding payment of attorney fees [Removed; see end of minutes] 8. ORDINANCE 25-2020-21 ​(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 north of Tiny Town Road at the western termini of Seagull Drive and Egret Drive from R-2 Single Family Residential District to R-2D Two Family Residential District 9. ORDINANCE 26-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Habitat For Humanity, Syd Hedrick-Agent, for zone change on property located at the intersection of Washington Street and Greenwood Avenue from R-3 Three Family Residential District to R-6 Single Family Residential District 10. ORDINANCE 27-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Habitat For Humanity, Syd Hedrick-Agent, for zone change on property located at the intersection of Beech Street and Providence Boulevard from C-2 General Commercial District to R-6 Single Family Residential District 11. ORDINANCE 28-2020-21 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Berry Hedrick, Syd Hedrick-Agent, for zone change on property located at the intersection of Crossland Avenue and Martin Street from C-2 General Commercial District to R-6 Single Family Residential District 12. Adoption of Minutes: September 3, 2020 Councilman Norris requested separate consideration of ​ORDINANCE 24-2020-21​. Councilman Burkhart made a motion to adopt the Consent Agenda with the exception of Item #7. The motion was seconded by Councilman Richmond. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the Consent Agenda as amended unanimously passed. FINANCE COMMITTEE ​Chairman Jeff Burkhart ORDINANCE 19-2020-21 ​(First Reading; Postponed September 3rd) Authorizing sale of property located at 1019 Main Street to Tangi Smith  The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Guzman. The following vote was recorded: AYE: Allen, Burkhart, Erb, Garrett, Guzman, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Chandler, Henley The motion to adopt this ordinance on first reading passed. GAS & WATER COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman shared the following monthly department statistics: 273 million cubic feet of natural gas, 589 million gallons treated water, 400 million gallons treated wastewater, 5,760 service work orders, 296 after-hour responses HOUSING & COMMUNITY DEVELOPMENT COMMITTEE ​Chairman David Allen Councilman Allen said an application had been submitted to Tennessee Housing Development Agency for Emergency Solutions Grant CARES funding to help prevent, prepare for, and respond to COVID-19 for which the department expected to receive $375,000. He said the City would receive an additional $838,820 Coronavirus funds to respond to the effect of the pandemic. Councilman Allen said HUD approved the City’s Five-Year Consolidated Plan and the One-Year Annual Action Plan for which the City should receive $1,021,544 for the Community Development Block Grant and $489,000 for the HOME Investments Partnership Program. PARKS & RECREATION COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman congratulated the Parks & Recreation Department for winning the national award for the Number 1 market. She noted upcoming events including the opening of the indoor pool and the Barbeque Bash at Liberty Park. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley Councilman Henley shared the following monthly department statistics: Building & Codes - 2,628 inspections, 238 enforcement cases, 79 abatement work orders, 125 single family permits, 2 multi family permits, and 24 commercial permits; Fire Rescue - 1,191 runs; Police - 11,009 calls for service. Councilman Henley congratulated seven new police cadets who recently graduated from the police academy. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler RESOLUTION 23-2020-21 Authorizing an agreement with TDOT for construction of 41A South sidewalks The recommendation of the Street Committee was for approval. Councilman Henley made a motion to adopt this resolution. The motion was seconded by  Councillady Smith. Councilman Chandler said this project involved installation of sidewalks on 41A South between Highway 76 and McAdoo Creek Road. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. Councilman Chandler said City Garage current monthly expenditures were $32,000 less that the previous year. The Street Department announced the recent paving of two subdivisions and the beginning of Fall debris pickup. Improvements to Dunlop Lane and International Boulevard were underway and sidewalk installation had been completed on Armistead Drive and Kirby Drive. Rossview Road and Meriwether Road utility relocation was continuing and the Dunbar Cave Bridge replacement was nearing completion. TRANSPORTATION COMMITTEE ​Chairlady Wanda Smith Councillady Smith said Clarksville Transit System had submitted an application for planning funds related to the relocation of the transfer station. She said CTS transported 38,865 passengers including 6,898 seniors and 2,398 demand responses during September. Councilady Smith announced 23 citizens had volunteered to monitor bus stops and report any issues. She said the “Spooky Special” would be offering free rides on October 30 and 31. INTERNAL SERVICE FUND/SETTLEMENT AUTHORITY ORDINANCE 29-2020-21 ​(First Reading; Postponed September 3rd) Amending ORDINANCE 29-2019-20 and the Official Code relative to Internal Service Fund settlement authority Councilman Chandler, as the sponsor, expressed his desire to withdraw this ordinance; there was no objection. No action was taken. AUTOPSY INTERLOCAL AGREEMENT RESOLUTION 25-2020-21 Repealing RESOLUTION 2-2020-21 and approving a revised interlocal agreement with Montgomery County pertaining to shared expenses for autopsies Councillady Smith made a motion to adopt this resolution. The motion was seconded by Councilman Garrett. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. ETHICS CODE/ATTORNEY FEES ORDINANCE 24-2020-21 ​(Second Reading) ​Amending the Official Code relative to the Code of Ethics regarding payment of attorney fees This ordinance was removed from the Consent Agenda at the request of Councilman Norris. Councilman Chandler made a motion to adopt this ordinance on second reading. The motion was seconded by Councillady Guzman. Councilman Norris said the approximately 250 volunteers on City boards and commissions, who may become the subject of an ethics complaint, should not be required to pay their own attorney fees. Councilman Norris made a motion to amend the ordinance by deleting the existing language in Section 1-621b(1), “Hearing procedures,” as adopted on first reading, and by substituting instead the following: Each party shall have the right to represent themselves, and to have the assistance of legal counsel at their own expense, but may not be represented by non-attorneys. If the Ethics Committee determines that an ethics violation has not occurred with respect to any alleged violation, the City Council may, upon request of the City employee or official, reimburse such employee or official for such person’s legal and other related expenses. The motion was seconded by Councilman Burkhart. Councilman Norris said no funds would be paid in advance and only those found innocent of all charges may be reimbursed. In response to Councillady Smith’s question, Councilman Norris said this provision would apply to future complaints. Councilady Smith and Councilman Allen said consideration should be given to establishing a cap for reimbursements. Councilman Henley called for the question. The question was seconded by Councilman Burkhart. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Streetman NAY: Allen, Smith The motion to cease discussion on the amendment passed. The following vote on the amendment was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Streetman NAY: Allen, Smith Councilman Norris’ amendment passed. Councilman Burkhart called for the question on the main motion. The question was seconded by Councilman Garrett. The following vote was recorded:  AYE: Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Norris, Pitts, Streetman NAY: Allen, Garrett, Richmond, Smith The motion to cease discussion on the main motion passed. The following vote on the main motion was recorded: AYE: Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Streetman NAY: Allen, Garrett, Smith The motion to adopt this ordinance on second reading as amended passed. MAYOR AND COUNCIL MEMBER COMMENTS Councilman Allen said the City should encourage safe trick-or-treat on Halloween. ADJOURNMENT The meeting was adjourned at 8:17 p.m. ADOPTED: November 5, 2020