City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION NOVEMBER 5, 2020 MINUTES PUBLIC COMMENTS Prior to the meeting, Barbara Samuel requested speed bumps in the Red River District to reduce fast traffic throughout the neighborhood. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, November 5, 2020, at 7:00 p.m. in City Council Chambers, 1 Public Square, Clarksville, Tennessee. This meeting was conducted in person and via Google Meets. A prayer was offered by Councilman Richard Garrett; the Pledge of Allegiance was led by Councilman Jeff Henley. ATTENDANCE IN PERSON: Richard Garrett (Ward 1), Ron Erb (Ward 3), Valerie Guzman (Ward 5), 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) VIA GOOGLE MEETS: Vondell Richmond (Ward 2), Tim Chandler (Ward 4), Wanda Smith (Ward 6) 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 approve 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 approve the electronic meeting unanimously passed. CMCSS UPDATE Millard House, Director of Clarksville-Montgomery County Schools, gave the annual update with general statistics for the local school system. He said some school building additions were delayed because of the COVID-19 pandemic and noted some middle schools had reached enrollment of 110% of their capacity. Mr. House noted the recent $25 increase in vehicle wheel tax approved by the Montgomery County Commission would fund three new middle schools as well as completion of the three-school Kirkwood complex. He stated 14,000 students were currently enrolled virtually. PUBLIC HEARING: ZONING AND ANNEXATION Councilman Garrett made a motion to conduct a public hearing to receive comments regarding requests for zone change and annexation. The motion was seconded by Councilman Holleman. There was no objection. ORDINANCE 43-2020-21 (​First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mark Holleman and John Hampel, Houston Smith-Agent, for zone change on property located at the intersection of Golf Club Lane and Colonial Court and the intersection of Paradise Hill Road and Highland Circle from R-1 Single Family Residential District to R-6 Single Family Residential District Mark Holleman said R-6 zoning was the best use for this development and asked for support of the change. Houston Smith offered to answer questions, but no questions were asked. No one spoke in opposition to this request. Councilman Holleman stated his intent to abstain from voting on this ordinance because of his family relationship with the applicant.  ORDINANCE 44-2020-21 (​First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ava Homes, LLC/Amber Frederick, Amber Fredrick and Bryan Gerwitz-Agents, for zone change on property located at the terminus of Dodd Street from R-3 Three Family Residential District to R-6 Single Family Residential District No one spoke in support of or in opposition to this request. ORDINANCE 45-2020-21 (​First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Christoper Colburn for zone change on property located at the intersection of North Seven Mile Ferry Road and Ashland City Road from R-1 Single Family Residential District to C-2 General Commercial District Christopher Colburn said C-2 zoning was being requested to allow for expansion of a warehouse. No one spoke in opposition to this request. ORDINANCE 46-2020-21 (​First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Re4e Holdings, LLC, Acklen Property Group, LLC-Agent, for zone change on property located at the intersection of Hickory Grove Boulevard and Hickory Heights from R-2 Single Family Residential District to R-6 Single Family Residential District No one spoke in support of or in opposition to this request. RESOLUTION 26-2020-21 ​Annexing territory off Britton Springs Road near Center Road; request of Marie-Laur Killebrew, Ronald Killebrew, and Marjorie Tanner No one spoke in support of or in opposition to this request. RESOLUTION 27-2020-21 ​Adopting a Plan of Service for annexed territory off Britton Springs Road near Center Road No one spoke in support of or in opposition to this request. Councilman Garrett made a motion to revert to regular session. The motion was seconded by Councilman Burkhart. There was no objection. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 43-2020-21. ​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, Norris, Pitts, Richmond, Smith, Streetman ABSTAIN: Holleman The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 44-2020-21. ​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 recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 45-2020-21. ​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 recommendation of the Regional Planning Staff and Commission were for approval of ​ ORDINANCE 46-2020-21. ​Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Erb. The following vote was recorded: AYE: Allen, Burkhart, Erb, Chandler, Henley, Holleman, Garrett, Norris, Pitts, Richmond, Smith NAY: Guzman, Streetman The motion to adopt this ordinance on first reading passed. Councilman Garrett made a motion to adopt ​RESOLUTION 26-2020-21​. The motion was seconded by Councillady Guzman. Councilman Chandler expressed concern regarding possible destruction of a creek on the land and said he was opposed to city emergency and law enforcement vehicles accessing this area via a county road. The following vote was recorded: AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Smith, Streetman NAY: Chandler, Richmond The motion to approve this resolution passed. Councilman Garrett made a motion to adopt ​RESOLUTION 26-2020-21​. The motion was seconded by Councilman Henley. The following vote was recorded:  AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Chandler The motion to approve this resolution passed. ANNEXATION REAPPORTIONMENT ORDINANCE 41-2020-21 (​First Reading) Amending the Official Code reapportioning the City of Clarksville for the purpose of electing persons for the office of city council member for annexed territory off Britton Springs Road near Center Road 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, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman NAY: Chandler The motion to adopt this ordinance on first reading passed. CONSENT AGENDA ​City Clerk All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that an item be removed for separate consideration under the appropriate committee report: 1. ORDINANCE 19-2020-21 (​Second Reading) Authorizing sale of property located at 1019 Main Street to Tangi Smith and Women Elevated 2. ORDINANCE 30-2020-21 (Second 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 3. ORDINANCE 31-2020-21 (Second 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 4. ORDINANCE 32-2020-21 (Second 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 5. ORDINANCE 33-2020-21 (Second 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 6. ORDINANCE 34-2020-21 (Second 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 7. ORDINANCE 35-2020-21 (Second 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 8. ORDINANCE 36-2020-21 (Second 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 9. ORDINANCE 37-2020-21 (Second 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 10. RESOLUTION 34-2020-21 ​Approving appointments to the Senior Citizens Board of Directors ● Senior Citizens Board: Jason Bell - November 2020 through April 2023, Freda Colon - November 2020 through April 2021 11. Adoption of Minutes: Special Session October 1, Regular Session October 1, Special Session October 5 Councilman Burkhart made a motion to adopt the Consent Agenda. The motion was seconded by Councillady Smith. Councilman Burkhart abstained from voting on ​ORDINANCE 31-2020-21 noting he is a partner is the development. Councillady Guzman registered a “nay” vote on ​ORDINANCE 35-2020-21​. Councilman Henley registered a “nay” vote on ​ORDINANCE 19-2020-21​. Councilman Chandler registered a “nay” vote on ​ORDINANCE 19-2020-21 and ORDINANCE 35-2020-21. ​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, with the noted abstention and nay votes, passed. FINANCE COMMITTEE ​Chairman Jeff Burkhart ORDINANCE 40-2020-21 (​First Reading) Amending the Official Code relative to adoption of the updated Codes of the International Code Council (Building Code, Gas Code, Plumbing Code, Residential Code, and Mechanical Code) The recommendation of the Finance Committee and Public Safety Committee were for approval. Councilman Burkhart 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. ORDINANCE 42-2020-21 (​First Reading) Amending the Official Code relative to valet parking The recommendations of the Finance Committee and the Parking Commission were for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. Councilman Burkhart offered an amendment to change the waiver of fees for redevelopment and new construction projects from 60 days to 30 days. The motion was seconded by Councillady Streetman. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The amendment unanimously passed. The following vote on the main motion 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 as amended unanimously passed. RESOLUTION 28-2020-21 ​Repealing RESOLUTION 25-1991-92, adopting Sick Leave Transfer Personnel Procedure 91-4, and adopting Personnel Procedure 20-1, establishing the Sick Leave Bank The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Erb. 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. RESOLUTION 29-2020-21 Adopting Personnel Policy 20-3 pertaining to HIPPA Privacy Policy The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Erb. 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. RESOLUTION 30-2020-21 Adopting Personnel Policy 20-4 pertaining to HIPPA Security Policy The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. 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 resolution unanimously passed. RESOLUTION 32-2020-21 ​Adopting Personnel Policy 20-6 pertaining to Equal Employment Opportunity The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Holleman. Councilman Burkhart made a motion to amend this resolution by replacing all references to “county” with “city.” The motion was seconded by Councillady Streetman. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The amendment unanimously passed. The following vote on the main motion was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution as amended unanimously passed.  RESOLUTION 33-2020-21 ​Adopting Personnel Policy 20-8 pertaining to Abusive Conduct Prevention The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. 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 adopt this resolution unanimously passed. GAS & WATER COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman shared the following monthly department statistics: 12,000 customer service calls averaging just over three minutes, 42 water leak repairs, 270 hydrants flushed, 551 backflow tests, 33 sewer pipe repairs, 18,000 feet of pipe cleaned, 9 sewer overflow repairs. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE ​Chairman David Allen No report. PARKS & RECREATION COMMITTEE ​Chairlady Valerie Guzman Councillady Guzman noted upcoming events including Handmade Holidays, Community Center drive-through Thanksgiving feast, Veterans Appreciation Day, and Christmas on the Cumberland. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley Councilman Henley shared the following monthly department statistics: Building & Codes - 3,110 inspections, 205 enforcement cases, 83 abatement work orders, 124 single family permits, 29 multi-family permits, 23 commercial permits; Fire Rescue - 1,233 runs; Police - 11,779 responses. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler Councilman Chandler said year-to-date City Garage expenses were under budget by $68,000; the Street Department completed 271 work orders and 217 debris pickups. Paving was scheduled to be completed in Rushton and Bennington Subdivisions, and the Dunbar Cave Road bridge project was progressing. Paving and striping of the Dunlop Lane/International Boulevard intersection as well as installation of signals was scheduled to be completed during the upcoming week. Utility relocation efforts were underway for the Rossview Road widening project and gas line relocation was soon to be completed on Trenton Road at Meriwether Road. Councilman Chandler announced 42 school zone signal controllers had been updated. TRANSPORTATION COMMITTEE ​Chairlady Wanda Smith Councillady Smith shared the following monthly department statistics: 40,498 passengers including 7,092 senior citizens and 2,600 demand responses. She announced CTS would be collecting canned goods to support local food pantries. Councillady Smith said the Industrial Park Route #1000 is a fare-free ride through the end of 2020. She expressed appreciation to CTS Director Paul Nelson for offering free rides on election day. Councillady Guzman thanked Mr. Nelson for offering free rides for COVID-19 testing. NEW BUSINESS ORDINANCE 47-2020-21 (First Reading) Temporarily waiving credit card processing fees for property tax collection Because this ordinance was not presented during the October 29th Executive Session, Councillady Guzman made a motion to consider ​ORDINANCE 47-2020-21 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 consider this ordinance passed by the required 34 majority approval. Councillady Guzman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Holleman. Mayor Pitts said he intended to call a special session to consider this ordinance on second reading. 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. ROURK/SONS OF CONFEDERATE VETERANS V. CITY RESOLUTION 31-2020-21 Approving a settlement agreement in the Heyward L. Rourk and Cpt. Frank P. Gracey Camp 233 Sons of Confederate Veterans v. City case No member of the City Council requested a non-public meeting. The recommendation of the Finance Committee was for approval of this resolution. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. Councilman Allen said the City should consider re-naming the bridge. 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. MAYOR AND COUNCIL MEMBER COMMENTS There were no comments. ADJOURNMENT The meeting was adjourned at 8:23 p.m. ADOPTED: December 3, 2020