City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION MAY 6, 2021 MINUTES PUBLIC COMMENTS Prior to the meeting, Donnie Cohen encouraged the City Council to support renaming Mammy Lane. Claudia Garza had cancelled her request to speak CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, May 6, 2021 at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Councilperson Trisha Butler; the Pledge of Allegiance was led by Councilperson Jason Knight. ATTENDANCE PRESENT: Richard Garrett, Mayor Pro Tem (Ward 1), Vondell Richmond (Ward 2), DaJuan Little (Ward 3; arrived late), Wallace Redd (Ward 4), Jason Knight (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7), Wanda Allen (Ward 8), Karen Reynolds (Ward 9), Stacey Streetman (Ward 10), Ashlee Evans (Ward 11), Trisha Butler (Ward 12) SPECIAL PRESENTATIONS Mayor Pitts proclaimed “Municipal Clerks Week” in the City of Clarksville and expressed appreciation to City Clerk Sylvia Skinner for her service. Mayor Pitts proclaimed May as “Senior Citizens Month” and presented the proclamation to Councilperson Holleman. ASSESSOR OF PROPERTY Assessor of Property Erinne Hester explained the assessment process and offered information on the most recent assessment. PUBLIC HEARING Councilperson Garrett made a motion to conduct a public hearing to hear comments regarding requests for zone change and annexation. The motion was seconded by Councilperson Holleman. There was no objection. ORDINANCE 99-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Charles Hand, Brad Martin/Lyle, Cook, Martin) - Agent, for zone change on property located at the intersection of Cedarcroft Drive and Ussery Road from E-1 Single Family Estate District to PUD-1 Planned Unit Development Residential District Brad Martin said the applicant planned to build a small cluster of single-family homes. No one spoke against this request. ORDINANCE 100-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hilldale United Methodist Church, Inc., Mark Holleman-Agent, for zone change on property located at the intersection of Madison Street and Tanglewood Drive from R-1 Single Family Residential District to C-2 General Commercial District Mark Holleman said the applicant wanted to bring this property into compliance. No one spoke against this request. ORDINANCE 101-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Henry Galvez and Saul Ramos Chavez for zone change on property located at the intersection of Evans Road and Shaw Drive from RM-1 Single Family Mobile Home Residential District to R-1 Single Family Residential District No one spoke for or against this request. ORDINANCE 102-2020-21 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Jerry Trotter for zone change on property located at the southern terminus of Viewmont Drive and north of Gibbs Lane from AG Agricultural District to R-2 Single Family Residential District No one spoke for this request. Eleanor Schuller submitted a petition of residents against this change and noted there were no sidewalks and the area schools were already overcrowded. Tabitha Farmer said the volume of traffic on Trenton Road should be considered.  RESOLUTION 69-2020-21 Annexing territory north and west of Shaw Drive No one spoke for or against this annexation. RESOLUTION 70-2020-21 Adopting a Plan of Service for annexed territory north and west of Shaw Drive No one spoke for or against this plan. ORDINANCE 97-2020-21 (First Reading) Amending the Official Code reapportioning the City of Clarkville for the purpose of electing persons for the office of City Council (Annexed territory north and west of Shaw Drive) No one spoke for or against this reapportionment proposal. Councilperson Garrett made a motion to revert to regular session. The motion was seconded by Councilperson Holleman. There was no objection. ADOPTION OF ZONING AND ANNEXATION The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 99-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, 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 100-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Evans. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman ABSTAIN: 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 101-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Richmond. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Knight, Little, Pitts, Redd, Reynolds, Richmond, Streetman  NAY: Smith The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 102-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Holleman. Councilperson Butler said Gibbs Lane was too steep for access to the property in question and noted the new Kirkwood school complex would relieve overcrowding in the existing schools. In response to Councilperson Reynolds’ comment, Mayor Pitts said structures cannot be built in the floodplain. There was no objection going out of regular session to hearing comments from Regional Planning Commission Director Jeff Tyndall who verified the information about the land’s topography and floodplain restrictions. There was no objection to reverting to regular session. Councilperson Knight stated sidewalks would be constructed along Trenton Road during its improvements. The following vote was recorded: AYE: Butler, Garrett, Holleman, Knight, Redd, Streetman NAY: Allen, Evans, Little, Pitts, Reynolds, Richmond, Smith The motion to adopt this ordinance on first reading failed. There were no recommendations from the Regional Planning Staff or Commission regarding RESOLUTION 69-2020-21. Councilperson Garrett made a motion to adopt this resolution. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this resolution unanimously passed. The recommendation of the Regional Planning Commission was for approval of RESOLUTION 70-2020-21. Councilperson Garrett made a motion to adopt this resolution. The motion was seconded by Councilperson Evans. Councilperson Garrett made a motion to amend this resolution by reducing the affected acreage from +/- 22.19 acres to +/- 18.71 acres. The motion was seconded by Councilperson Allen. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The amendment unanimously passed. The following vote on the main motion was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this resolution as amended unanimously passed.  There was no recommendation from the Regional Planning Staff or Commission for ORDINANCE 97-2020-21. Councilperson Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. ETHICS COMMISSION Mayor Pitts introduced Dr. David Kanervo as his nominee to serve on the Ethics Commission. Dr. Kanervo said he was a 44-year resident of the City of Clarksville and was retired from Austin Peay State University where he taught political science. This appointment would be considered as part of RESOLUTION 72-2020-21 on the Consent Agenda. 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 74-2020-21 (Second Reading) Amending the Operating Budget for FY21 for Governmental Funds to add funding to support the Juneteenth holiday 2. ORDINANCE 85-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reda Home Builders, Inc., Reda Home Builders, Inc.-Agent, for zone change on property located at the eastern terminus of the southern Circle Hill Drive right-of-way and at the north frontage of Cave Springs Road from R-1 Single Family Residential District to R-6 Single Family Residential District 3. ORDINANCE 86-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Estate of Frank Wooten, Linda Roberts, Executor, Cody Dahl-Agent, for zone change on property located at the intersection of Reynolds Street and Cedar Street from R-3 Three Family Residential District to R-6 Single Family Residential District 4. ORDINANCE 87-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Kolbe Homes, LLC, Robert Kolbe for zone change on property located at the intersection of Peachers Mill Road and Randell Drive and at the western-southern terminus of Leigh Ann Drive from R-2D Two Family Residential District to R-4 Multiple Family Residential District  5. ORDINANCE 88-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Black Hawk Land-Bert Singletary Development for zone change on property located at the intersection of Peachers Mill Road and Henry Place from R-2 Single Family Residential District to C-5 Highway & Arterial Commercial District 6. ORDINANCE 89-2020-21 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Johnathan Blick for zone change on property located on the east frontage of N. Ford Street at the southern terminus of N. Ford Street from M-2 General Industrial District to R-4 Multiple Family Residential District 7. ORDINANCE 91-2020-21 (Second Reading) Amending the Official Code relative to times of regular sessions and public comment periods 8. RESOLUTION 72-2020-21 Approving appointments to Community Health Foundation, Ethics Commission, Roxy Board of Directors, and Senior Citizens Board of Directors 9. Adoption of Minutes: March 23, April 1, April 13 Councilperson Evans made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councilperson Holleman. Councilperson Streetman and Councilperson Evans registered a “nay” vote on ORDINANCE 91-2020-21; Councilperson Reynolds and Councilkperson Smith registered a “nay” vote on ORDINANCE 89-2020-21; Councilperson Redd registered a “nay” vote on ORDINANCE 74-2020-21. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman NOTE: Councilperson Knight was not present for this vote. The motion to adopt the Consent Agenda with notations passed. FINANCE COMMITTEE Chairperson Stacey Streetman ORDINANCE 94-2020-21 (First Reading) Accepting donation of certain real property from Larry Metcalf for the purpose of a sewer pump station (Applegrove 2) The recommendations of the Gas & Water Committee and the Finance Committee were for approval. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Reynolds. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed.  ORDINANCE 95-2020-21 (First Reading) Accepting donation of certain real property from Todd Morris for the purpose of a sewer pump station (Aspen Grove) The recommendations of the Gas & Water Committee and the Finance Committee were for approval. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Holleman. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading unanimously passed. ORDINANCE 96-2020-21 (First Reading) Amending the City Code relative to water and sewer rates, charges, and/or fees The recommendations of the Gas & Water Committee and Finance Committee were for approval. Councilperson Streetman made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Holleman. There was no objection to going out of session to hear comments from Gas & Water General Manager Mark Riggins who narrated the proposed rate schedules. He said the need for a second water treatment facility was evident and rate adjustments were being calculated prior to the COVID-19 Pandemic. There was no objection to reverting to regular session. Councilperson Allen called for the question. The question was seconded by Councilperson Garrett. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Reynolds, Richmond, Smith, Streetman NAY: Redd The motion to crease discussion passed. The following vote on the main motion was recorded: AYE: Allen, EVans, Garrett, Holleman, Knight, Pitts, Reynolds, Richmond, Streetman NAY: Butler, Little, Redd, Smith The motion to adopt this ordinance on first reading passed. RECESS The City Council recessed at 8:58 p.m. and reconvened at 9:08 p.m. GAS & WATER COMMITTEE Chairperson Wallace Redd RESOLUTION 63-2020-21 (Postponed April 1st) Authorizing an interlocal agreement Bi-County Solid Waste Management for acceptance of biosolids from the wastewater treatment plant The recommendations of the Gas & Water Committee and Finance Committee were for approval. Councilperson Redd made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Streetman. Councilperson Redd made a motion to again postpone action on this resolution to the next regular session. The motion was seconded by Councilperson Streetman. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to postpone action to the next regular session unanimously passed. Councilperson Redd reported the Wastewater Treatment Plant did not receive any permit exceedances during 2020 and expressed appreciation to the Gas & Water staff for maintaining properly permitted levels. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Chairperson Wanda Smith Councilperson Smith said the Office of Housing & Community Development was anticipating receipt of additional funding from HUD for the American Rescue Act 2021 for activities that benefit low income families. PARKS & RECREATION COMMITTEE Chairperson Vondell Richmond Councilperson Richmond welcome new staff members and mentioned upcoming events including Fun with Fido, March to the Pass at Fort Defiance, 50+ Games, Downtown Market, and Movies in the Park. PUBLIC SAFETY COMMITTEE Chairperson Richard Garrett Councilperson Garrett shared the following monthly department statistics: Building & Codes - 3m377 inspections, 141 new cases, 40 abatement work orders, 126 single-family permits, 24 multi-family permits, 21 commercial permits; Police - 12,509 responses, 13 new officers; Fire Rescue - A moment of silence was held in memory of former Clarksville Fire Rescue Fire Marshal Ray Williams. TRANSPORTATION-STREETS-GARAGE COMMITTEE Chairperson Wanda Smith Councilperson Smith shared the following monthly department statistics: Clarksville Transit System - 39,153 passengers including 6,992 senior citizens, 2,823 demand responses; Streets - 195 work orders, paving of Greenland Farms Subdivision,  Minglewood Subdivision, Appleton Drive; Garage - monthly expenses totaled $210,647, 432 work orders, 980 work hours, $2.195/gallon unleaded fuel, $1,977/gallon diesel fuel. Councilperson Smith said Rossview Road utility relocation was almost complete and roadway grading would begin by the end of May. Bids had been received for the Whitfield Road project. The West Concord Road sidewalk project was scheduled to bid soon. DESIGNATIONS COMMITTEE RESOLUTION 53-2020-21 (Postponed March 4th) Approving the official renaming of Mammy Lane to Slattery Lane The recommendation of the Designations Committee was for approval. Councilperson Garrett made a motion to adopt this resolution. The motion was seconded by Councilperson Smith. Councilperson Knight shared a petition of residents opposing the name change and said a social media campaign resulted in a large percentage of responses also opposed. Councilperson Evans made a motion to amend this resolution by changing the official name of Mammy Lane to Hattie Lane to honor the actress who played this role in “Gone With The Wind.” The motion was seconded by Councilperson Smith. Following discussion, Councilperson Garrett called for the question on the amendment. The question was seconded by Councilperson Richmond. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to cease discussion on the amendment unanimously passed. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Little, Pitts, Reynolds, Richmond, Smith, Streetman NAY: Knight, Redd Councilperson Evans’ amendment passed. Upon the recommendation of the Director of the Regional Planning Commission, Councilperson Garrett made a motion to amend this resolution to make this change effective June 6, 2021 so that emergency service agencies could be notified. The motion was seconded by Councilperson Smith. Councilperson Knight made a motion to amend Councilperson Garrett’s amendment to make this change effective July 6, 2021 to also allow residents to make necessary address changes. The motion was seconded by Councilperson Smith. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman  Councilperson Knight’s amendment unanimously passed. The following vote on the amendment as amended was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman Councilperson Garrett’s amendment as amended unanimously passed. Councilperson Allen shared a video of “The History of the Mammy” honoring actress Hattie McDaniel. Councilperson Garrett called for the question on the main motion. The motion was seconded by Councilperson Allen. The following vote was recorded: AYE: Allen, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond NAY: Butler, Evans, Streetman The motion to cease discussion on the main motion as amended passed. The following vote on the motion to adopt this resolution as amended was recorded: AYE: Allen, Butler, Evans, Garrett, Little, Pitts, Reynolds, Richmond, Smith NAY: Holleman, Knight, Redd, Streetman The motion to adopt this resolution as amended passed. STANDING COMMITTEE MEMBERSHIP ORDINANCE 73-2020-21 (Second Reading; Removed from Consent Agenda and postponed April 1st) Amending the Official Code relative to membership of standing committees Councilperson Smith made a motion to adopt this ordinance on second reading. The motion was seconded by Councilperson Garrett. Councilperson Smith made a motion to amend this ordinance by deleting the following language: “All standing committee appointments shall be diverse and inclusive based on the councilpersons elected to serve in office.” and by adding the following language: “In so far as possible given the membership of the City Council, the mayor shall seek [strive] to achieve balance with regard to standing committee assignments by taking into consideration gender, race, sexual orientation, gender identity, age, and disability of City Council members.” The motion was seconded by Councilperson Reynolds. Councilperson Smith called for the question. The question was seconded by Councilperson Garrett. The following vote was recorded:  AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to cease discussion passed. The following vote on the amendment was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Little, Pitts, Reynolds, Richmond, Smith, Streetman NAY: Knight, Redd Councilperson Smith’s amendment passed. The following vote on the main motion as amended was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Little, Reynolds, Richmond, Smith NAY: Knight, Pits, Redd, Streetman The motion to adopt this ordinance on second reading as amended passed. ORDINANCE 92-2020-21 (First Reading; Postponed April 1st) Approving a settlement of the Robinsons and/or Franklin Street Corporation v. City State Court and Federal Court lawsuits Councilperson Butler made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Richmond. Councilperson Butler made a motion to postpone action to the next regular session. The motion was seconded by Councilperson Richmond. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman The motion to postpone action to the next regular session unanimously passed. ORDINANCE 98-2020-21 (First Reading) Amending the Official Code relative to failure to retain continuous council ward residency requirements Councilperson Reynolds made a motion to adopt this ordinance on first reading. The motion was seconded by Evans. Councilperson Reynolds read provisions of the City Charter relative to ward residency. Mr. Baker said passage of this ordinance could potentially be threatened with a lawsuit. Following a lengthy discussion, Councilperson Garrett said action on this ordinance should be delayed until after the Ethics Commission renders a finding on his potential violation of the Ethics Code. Councilperson Allen made a motion to postpone action to the next regular session. The motion was seconded by Councilperson Streetman. Councilperson Redd called for the question. The question was seconded by Councilperson Holleman. The following vote was recorded:  AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Richmond, Smith, Streetman NAY: Reynolds The motion to cease discussion passed. The following vote on the motion to postpone was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Richmond, Smith, Streetman NAY: Reynolds The motion to postpone action on this resolution to the next regular session passed. Councilperson Reynolds proposed using a spreadsheet to track upcoming revisions to the City Charter. In response to Councilperson Garrett’s question, Mr. Baker said members using the spreadsheet outside of a public setting could be considered a violation of the Open Meetings Act. MAYOR AND COUNCIL MEMBER COMMENTS Councilperson Richmond invited Ward 2 residents to the May 18th Town Hall Meeting. At Councilperson Knight’s request, a moment of silence was held for the people involved in a recent fatal vehicle crash on Tiny Town Road. Councilperson Reynolds urged the Mayor and Council Members to avoid a tax increase when considering the upcoming budget. Councilperson Evans asked for citizen recognition to be made in public when requested. Councilperson Butler encouraged members to interact with their communities. ADJOURNMENT The meeting was adjourned at 11:02 p.m. ADOPTED: June 3, 2021