City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION AUGUST 4, 2016, 7:00 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA 1) CALL TO ORDER 2) PRAYER: Councilman Wallace Redd (Ward 4) PLEDGE OF ALLEGIANCE: Councilman David Allen (Ward 8) 3) ATTENDANCE 4) SPECIAL RECOGNITIONS 5) ZONING: PUBLIC HEARING 1. ORDINANCE 10-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Laura Hardin, David Roach, Susan Hedin, James Roach, and Nathaniel Forbus, David Roach-Agent, for zone change on property at the intersection of Nicole Road and High Lea Road from AG Agricultural District to E-1 Single Family Estate District (RPC: Approval/Approval) 2. ORDINANCE 11-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Jacob Wintner, Peter Faulk-Agent, for zone change on property at the intersection of Old Farmers Road and Townsend Court from O-1 Office District to C-2 General Commercial District (RPC: Approval/Approval)  3. ORDINANCE 12-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Jeff Robinson, et al, Mark Olsen and Taylor Dahl-Agents, for zone change on property at the intersections of Bogard Lane and North First Street, Marion Street and North First Street, and Beaumont Street and North First Street from R-4 Multiple Family Residential District to CBD Central Business District (RPC: Disapproval/Approval) 4. ORDINANCE 13-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Stephanie Lee Choate for zone change on property at the intersection of Kennedy Road and Trenton Road from AG Agricultural District to R-2 Single Family Residential District (RPC: Approval/Approval) 6) 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 4-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Johnson Properties, LP, Sidney Johnson-Agent, for zone change on property at the intersection of Stone Container Drive & Old Russellville Pike from M-3 Planned Industrial District to C-5 Highway & Arterial Commercial District 2. ORDINANCE 5-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Clarkland, c/o Herb Baggett, for zone change on property located at the terminus of Townsend Court from O-1 Office District to R-2A Single Family Residential District 3. ORDINANCE 6-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ernest E. Carpenter, Mark Day- Agent, for zone change on property at the intersection of Tiny Town Road & Needmore Road from AG Agricultural District to C-5 Highway & Arterial District 4. RESOLUTION 7-2016-17 Renewing the Certificate of Compliance for a retail liquor store for Rajan Daswani (Queen City Liquors, 1232 Tylertown Road) (CPD: No Criminal History) 5. RESOLUTION 9-2016-17 Approving a Certificate of Compliance for sale of wine in a food store for Sweta Patel (Quick Stop Food Mart, 531 North Second Street) (CPD: No Criminal History )  6. RESOLUTION 10-2016-17 Approving a Certificate of Compliance for sale of wine in a food store for Yogeshkumar Patel (Silver Dollar Grocery, 2700 Trenton Road) (CPD: No Criminal History) 7. Adoption of Minutes: July 7 8. Approval of Board Appointments: Ethics Commission – Barbara Johnson – July 2016 through June 2019 Tree Board – Dottie Mann – July 2016 through June 2018 7) FINANCE COMMITTEE Joel Wallace, Chair 1. ORDINANCE 7-2016-17 (First Reading) Amending the FY17 Fire & Rescue Budget to transfer funds for purchase of a vehicle chassis (Public Safety and Finance Committees: Approval) 2. ORDINANCE 8-2016-17 (First Reading) Amending the FY17 Capital Projects Fund to repurpose land at Liberty Park (Finance Committee: Approval) 3. RESOLUTION 8-2016-17 Expressing support for an application to the Bureau of Justice for a Body Worn Cameras (BWC) grant and for commitment to this long term program (Public Safety and Finance Committees: Approval) 8) HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair 1. Department Reports 9) GAS & WATER COMMITTEE Wallace Redd, Chair 1. Department Reports 10)PARKS, RECREATION, GENERAL SERVICES Deanna McLaughlin 1. Department Reports 11)PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair 1. Department Reports 12)STREETS-TRANSPORTATION-GARAGE COMMITTEE James Lewis, Chair 1. Department Reports 13)NEW BUSINESS 1. RESOLUTION 6-2016-17 Approving a Tax Increment Financing Agreement with Montgomery County and the Clarksville-Montgomery County Industrial Development Board (Councilman Garrett) 14) MAYOR AND STAFF REPORTS 15) ADJOURNMENT  ORDINANCE 10-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF LAURA HARDIN, DAVID ROACH, SUSAN HEDIN, JAMES ROACH, AND NATHANIEL FORBUS, DAVID ROACH-AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF NICOLE ROAD AND HIGH LEA ROAD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned AG Agricultural District, as E-1 Single Family Estate District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 958 +/- feet northeast of the centerline of the Nicole Rd. & High Lea Rd. intersection, said pint also being in the west Right of Way margin of Nicole Rd. further identified as the north east corner of the William Allen Maynard property and the southeast corner of the herein described tract, thence in a westerly direction 425 +/- feet with the northern boundary of the Maynard property to a point, said point being in the eastern property line of the Terry C. Frey property, thence in a northwesterly direction 347 +/- feet with the eastern boundary of the Frey property to a point, said point being in the southern boundary of the Steven E. Hart II property, thence in a easterly direction 622 +/- feet with the southern boundary of the Hart property to a point, said point being in the western right of way margin of Nicole Rd. thence in a southerly direction 360 +/- feet with the western right of way margin of Nicole Rd. to the point of beginning, said tract containing 3.91 +/- acres, further identified as Tax Map 32, Parcel 46.14.  ORDINANCE 11-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF JACOB WINTNER, PETER FAULK-AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF OLD FARMERS ROAD AND TOWNSEND COURT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned O-1 Office District, as C-2 General Commercial District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being located in the western right of way margin of Old Farmers Rd. 361 +/- feet south of the Old Farmer Rd. & Trelawny Dr. intersection, said point also being the northeast corner of the herein described tract, thence in a southerly direction 485 +/- feet with the western right of way margin of Old Farmers Rd. to a point said point being the northeast corner of ARA Properties property, thence in a westerly direction 891 +/- feet with the northern boundary of the ARA Properties & others north boundary to a point, said point being in the northern boundary of the Clarkland Property, thence in northerly and westerly directions 510 +/- feet with the eastern and northern property boundaries of the Clarkland property, to a point, said point being in the southern boundary of the Hilldale Baptist Church Inc. property, thence in a easterly, northerly and southerly direction 1,230 +/- feet with the meandering southern boundary of the Hilldale Baptist Church Inc. property to the point of beginning, said tract containing 11.02 +/- acres, further identified as Tax Map 81, Parcel 33.01  ORDINANCE 12-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF JEFF ROBINSON, ET AL, MARK OLSEN AND TAYLOR DAHL-AGENTS, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTIONS OF BOGARD LANE AND NORTH FIRST STREET, MARION STREET AND NORTH FIRST STREET, AND BEAUMONT STREET AND NORTH FIRST STREET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned from R-4 Multiple Family Residential District, as CBD Central Business District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Parcel(s) as depicted in Exhibit A as follows: 66-G-B-23.00 66-B-B-27.00 66-B-B-9.00 66-B-B-29.00 66-B-B-33.00 66-G-B-2.00 66-B-B-48.00 66-B-B-48.01 66-B-B-48.02 66-B-B-48.03  ORDINANCE 13-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF STEPHANIE LEE CHOATE FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF KENNEDY ROAD AND TRENTON ROAD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned ag Agricultural District, as R-2 Single Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at an existing iron pin in the south margin of Kennedy Road, said iron pin being 3,165 feet west of Trenton Road; thence along margin of said road North 84 Degrees 24 Minutes 45 Seconds East 1239.70 feet to a point; thence South 09 Degrees 40 Minutes 05 Seconds West 306.20 feet to a point; thence North 88 Degrees 49 Minutes 55 Seconds West 177.17 feet to a point; thence South 10 Degrees 46 Minutes 05 Seconds West 287.80 feet to a point; thence South 08 Degrees 21 Minutes 56 Seconds West 1687.36 feet to a point; thence North 70 Degrees 51 Minutes 47 Seconds West 64.10 feet to a point; thence South 18 Degrees 08 Minutes 13 Seconds West 154.00 feet to a point; thence South 61 Degrees 38 Minutes 13 Seconds West 216.00 feet to a point; thence North 79 Degrees 51 Minutes 47 Seconds West 152.00 feet to a point; thence South 37 Degrees 38 Minutes 13 Seconds West 143.09 feet to a point; thence North 65 Degrees 00 Minutes 32 Seconds West 174.75 feet to a point North 40 Degrees 40 Minutes 36 Seconds West 205.97 feet to a point; thence North 29 Degrees 19 Minutes 20 Seconds West 175.92 feet to a point; thence North 54 Degrees 28 Minutes 06 Seconds West 105.27 feet to a point; thence North 08 Degrees 21 Minutes 56 Seconds East 2021.09 feet to the point of beginning and containing an area of 55.71 acres. Tax Map 17, Parcel 47.01  ORDINANCE 4-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF JOHNSON PROPERTIES, SIDNEY JOHNSON- AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF STONE CONTAINER DRIVE AND OLD RUSSELLVILLE PIKE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned M-3 Planned Industrial District, as C-5 Highway & Arterial Commercial District. PUBLIC HEARING: July 7, 2016 FIRST READING: July 7, 2016 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at an iron pin in the southern margin of Stone Container Drive, said point of beginning being north 87 degrees 17 minutes 10 seconds west 300.48 feet to the right of way of Old Russellville pike; runs thence with the southern margin of Stone Container Drive south 87 degrees 17 minutes 10 seconds east 112.79 feet to an iron pin; thence on a curve to the right having a delta of 52 degrees 00 minutes 00 seconds, radius of 180.03 feet, tangent of 87.81 feet for a distance of 163.69 feet to an iron pin; thence on a slight curve to the left having a delta of 10 degrees 12 minutes 28 seconds, radius of 239.80 feet, tangent of 21.42 feet for a distance of 42.72 feet to an iron pin; thence leaving said right of way of Stone Container Drive, south 32 degrees 28 minutes 17 seconds west 90.05 feet to an iron pin; thence north 87 degrees 08 minutes 19 seconds west 239.11 feet to an iron pin; thence north 02 degrees 42 minutes 50 seconds east 177.91 feet to the point of beginning, containing 1.00 +/-acre.  ORDINANCE 5-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF CLARKLAND, C/O HERB BAGGETT, FOR ZONE CHANGE ON PROPERTY LOCATED AT THE TERMINUS OF TOWNSEND COURT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned O-1 Office District, as R-2A Single Family Residential District. PUBLIC HEARING: July 7, 2016 FIRST READING: July 7, 2016 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a new iron pin in the north margin of Townsend Court, said iron pin being 1064.8 feet west of Old Farmers Road; thence along margin of said road North 81 Degrees 46 Minutes 03 Seconds West 258.65 feet to an existing iron pin; thence with a curve turning to the right with an arc length of 52.36 feet, with a radius of 50.00 feet and with a chord of North 51 Degrees 46 Minutes 03 Seconds West 50.00 feet to an existing iron pin; thence with a curve turning to the left with an arc length of 222.53 feet, with a radius of 100.00 feet and with a chord of North 85 Degrees 30 Minutes 59 Seconds West 179.37 feet to an existing iron pin; thence leaving margin of said road North 86 Degrees 02 Minutes 34 Seconds West 394.34 feet to an existing iron pin in the east line of the Lynda Ann Holt Property; thence with said property North 03 Degrees 57 Minutes 26 Seconds East 484.57 feet to an existing iron pin in the south line of the Melissa Goad Tennant, ET AL Property; thence with said property North 72 Degrees 57 Minutes 00 Seconds East 211.09 feet to an existing iron pin in the east line of the Hilldale Baptist Church, Inc. Property; thence with said property South 82 Degrees 33 Minutes 45 Seconds East 750.90 feet to an existing iron pin; thence South 08 Degrees 09 Minutes 25 Seconds West 343.83 feet to an existing iron pin in the north line of Clarkland Property; thence with said property North 81 Degrees 51 Minutes 08 Seconds West 32.15 feet to an existing iron pin; thence South 08 Degrees 09 Minutes 25 Seconds West 223.79 feet to the point of beginning, having an area of 11.35 +/- Acres.  ORDINANCE 6-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF ERNEST E. CARPENTER, MARK DAY- AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF TINY TOWN ROAD AND NEEDMORE ROAD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned AG Agricultural District, as C-5 Highway & Arterial Commercial District. PUBLIC HEARING: July 7, 2016 FIRST READING: July 7, 2016 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at an existing iron pin in the south margin of Tiny Town Road, said iron pin being the northeast corner of the James Huggins Property (Volume 1572, Page 2706), said iron pin also being the northwest corner of this tract; thence along the south margin of said road North 67 Degrees 39 Minutes 18 Seconds East 143.75 feet to a new iron pin; thence leaving margin of said road South 02 Degrees 13 Minutes 20 Seconds East 97.64 feet to a point; thence North 76 Degrees 40 Minutes 01 Seconds East 423.24 feet to a point; thence South 14 Degrees 31 Minutes 29 Seconds East 52.29 feet to a new iron pin; thence North 75 Degrees 29 Minutes 10 Seconds East 25.00 feet to a new iron pin; thence South 80 Degrees 22 Minutes 22 Seconds East 52.48 feet to a new iron pin in the west margin of Needmore Road; thence along margin of said road South 09 Degrees 37 Minutes 37 Seconds West 44.11 feet to a new iron pin; thence with a curve turning to the left with an arc length of 186.05', with a radius of 1020.34', with a chord of South 04 Degrees 46 Minutes 15 Seconds West 185.80 feet to a new iron pin; thence leaving margin of said road South 71 Degrees 09 Minutes 53 Seconds West 535.42 feet to a North 15 Degrees 07 Minutes 06 Seconds West 414.29 feet to the point of beginning and containing an area of 4.34 +/-acres.  RESOLUTION 7-2016-17 A RESOLUTION APPROVING A RETAIL LIQUOR STORE CERTIFICATE OF COMPLIANCE FOR RAJAN DASWANI (QUEEN CITY LIQUORS) WHEREAS, Rajan Daswani, has applied for a Certificate of Compliance from the City of Clarksville according to regulations of the Tennessee Alcoholic Beverage Commission, for the operation of Queen City Liquors currently located at 1232 Tylertown Road; and WHEREAS, the applicant(s) who is/are to be in actual charge of said business has/have not been convicted of a felony within a ten year period immediately preceding the date of the application and, if a corporation, that the executive officers, or those in control, have not been convicted of a felony within a ten year period immediately preceding the date of the application; and further that it is the undersigned's opinion that the applicant will not violate any provisions of Tennessee Code Annotated, Title 57, Chapter 3; WHEREAS, the applicant(s) has/have secured a location which complies with all restrictions of the laws, ordinances, or resolutions; WHEREAS, the applicant(s)s has/have complied with the residency provision; WHEREAS, the issuance of this license will not exceed the numerical limit established in City Code Sec. 2-205. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Rajan Daswani for operation of Queen City Liquors located at 1232 Tylertown Road, Clarksville, Tennessee. ADOPTED:  RESOLUTION 9-2016-17 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT QUICK STOP FOOD MART WHEREAS, Sweta Patel has applied for a Certificate of Compliance from the City of Clarksville according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Quick Stop Food Mart, 531 North Second Sreet; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten- year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Sweta Patel for sale of wine at Quick Stop Food Mart, 531 North Second Street, Clarksville, Tennessee. ADOPTED:  RESOLUTION 10-2016-17 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT SILVER DOLLAR GROCERY WHEREAS, Yogeshkumar Patel has applied for a Certificate of Compliance from the City of Clarksville according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Silver Dollar Grocery, 2700 Trenton Road; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Yogeshkumar Patel for sale of wine at Silver Dollar Grocery, 2700 Trenton Road, Clarksville, Tennessee. ADOPTED:  CLARKSVILLE CITY COUNCIL REGULAR SESSION JULY 7, 2016 MINUTES PUBLIC COMMENTS: Prior to the meeting, Kyong Degon asked for assistance in obtaining a letter questioning the Korean American Center’s use of previously awarded city funds. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, July 7, 2016, at 7:00 p.m. A prayer was offered by Pastor Timothy Grant, Deliverance Outreach Temple (Ward 3). The Pledge of Allegiance was led by Mayor Pro Tem Joel Wallace (Ward 9). ATTENDANCE PRESENT: Deanna McLaughlin (Ward 2), James Lewis (Ward 3), Wallace Redd (Ward 4), Valerie Guzman (Ward 5), Wanda Smith (Ward 6), Geno Grubbs (Ward 7), David Allen (Ward 8), Joel Wallace, Mayor Pro Tem (Ward 9), Mike Alexander (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) ABSENT: Richard Garrett (Ward 1), Wallace Redd (Ward 4) SPECIAL RECOGNITIONS Mayor McMillan presented a certificate of appreciation to Security Officer Laurie McNulty, Security Officer William Welty, and Military Liaison Bill Harpel for contacting emergency personnel and administering CPR to Building Maintenance employee Charles Jackson following his sudden illness at City Hall on June 1, 2016. Mayor McMillan proclaimed July 14, 2016, as “Pat Head Summitt Day” in the City of Clarksville. A copy of the proclamation follows this transcription. PUBLIC HEARING Councilman Grubbs made a motion to conduct a public hearing to receive comments regarding requests for zone change. The motion was seconded by Councilman Lewis. There was no objection. ORDINANCE 4-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Johnson Properties, LP, Sidney Johnson-Agent, for zone change on property at the intersection of Stone Container Drive & Old Russellville Pike from M-3 Planned Industrial District to C-5 Highway & Arterial Commercial District There were no comments in support of or in opposition to this request. ORDINANCE 5-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Clarkland, c/o Herb Baggett, for zone change on property located at the terminus of Townsend Court from O-1 Office District to R-2A Single Family Residential District There were no comments in support of or in opposition to this request. ORDINANCE 6-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ernest E. Carpenter, Mark Day-Agent, for zone change on property at the intersection of Tiny Town Road & Needmore Road from AG Agricultural District to C-5 Highway & Arterial District There were no comments in support of or in opposition to this request. Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilman Alexander. There was no objection. CONSIDERTION OF ZONING The recommendations of the Regional Planning Commission and Staff were for approval of ORDINANCE 4-2016-17. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, Smith, Wallace ABSTAIN: Powers The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Commission and Staff were for approval of ORDINANCE 5-2016-17. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, Powers, Smith, Wallace  The motion to adopt this ordinance on first reading passed. The recommendations of the Regional Planning Commission and Staff were for approval of ORDINANCE 6-2016-17. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Lewis. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, Powers, Smith, Wallace The motion to adopt this ordinance on first reading 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 88-2015-16 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Wanda Morrison, Mark Holleman-Agent, for zone change on property north of Dover Road, east of Paula Drive, and west of Aurelia Lynn Drive from R-1 Single Family Residential District to C-2 General Commercial District 2. ORDINANCE 94-2015-16 (Second Reading) Accepting donation of property from Donald Malone for future sewer system improvements 3. RESOLUTION 1-2016-17 Renewing a retail liquor store Certificate of Compliance for Billy G. Brown (Bill’s Package Store, 1651 Ft. Campbell Boulevard) 4. RESOLUTION 3-2016-17 Approving a Certificate of Compliance for sale of wine in a food store for David Behm, Terry Edward Pfortmiller, Jason Chandler Hart, Charles E. Youngstrom for Aldi #20 (1626 Ft. Campbell Boulevard) 5. RESOLUTION 4-2016-17 Renewing a retail liquor store Certificate of Compliance for Peter Martin (Ebenezer’s, 2896 Wilma Rudolph Boulevard) 6. Adoption of Minutes: May 31, June 2, June 7, June 14, June 22 7. Approval of Board Appointments: Ethics Commission: Ellen Kanervo – July 2016 through June 2019 Parking Commission: Wilbur Berry – July 2016 through December 2016 Public Art Commission: Valerie Guzman – June 2016 through May 2018; Jennifer Snyder – June 2016 through May 2020 Senior Citizens Board: Barbara Johnson – July 2016 through June 2018  Tree Board: Bryan Beusher, Karla Kean, Wes Powell – July 2016 through June 2019 Councilman Lewis made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councilman Powers. Councilman Grubbs abstained from voting on ORDINANCE 88-2015-16. The following vote on the motion was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, Powers, Smith, Wallace The motion to adopt the Consent Agenda, with one abstention noted, passed. FINANCE COMMITTEE Joel Wallace, Chair RESOLUTION 2-2016-17 Authorizing an Interlocal Agreement between the City of Clarksville and Montgomery County pertaining to the division of 2016 Byrne Justice Assistance grant fund allocation and the administration and use of such funds The recommendation of the Finance Committee was for approval. Councilman Wallace made a motion to adopt this resolution. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, Powers, Smith, Wallace The motion to adopt this resolution passed. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said a contract had been awarded for $390,000 for renovation of 815 Crossland Avenue for a family transitional center for temporary living space and counseling for three families. GAS & WATER COMMITTEE Joel Wallace ORDINANCE 1-2016-17 (First Reading) Authorizing extension of utilities to 3588 Sango Road; request of Mary Nelson The recommendation of the Gas & Water Committee was for approval. Councilman Wallace made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, Powers, Smith, Wallace The motion to adopt this ordinance on first reading passed.  ORDINANCE 2-2016-17 Authorizing use of eminent domain for acquisition of easements and/or rights of way for utility relocation required to facilitate construction for the TDOT roadway widening project on S.R. 76 (U.S. 41 Bypass) The recommendation of the Gas & Water Committee was for approval. Councilman Wallace made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Lewis. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, Powers, Smith, Wallace The motion to adopt this ordinance on first reading passed. ORDINANCE 3-2016-17 (First Reading) Authorizing extension of utilities to 3751 Sango Road; request of Shirley Joiner The recommendation of the Gas & Water Committee was for approval. Councilman Wallace made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Grubbs. Councilman Burkhart said he would not vote on this ordinance due to a personal interest in the property. The following vote was recorded: AYE: Alexander, Allen, Grubbs, Guzman, Lewis, McLaughlin, Powers, Smith, Wallace ABSTAIN: Burkhart The motion to adopt this ordinance on first reading passed. PARKS, RECREATION, GENERAL SERVICES Bill Powers, Chair Councilman Powers said the tennis program was still underway. The regular soccer program was complete for the year and the adaptive soccer registration would begin soon. He said the Wonder Kids Triathlon would be held August 6th. PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes – 1,728 inspections; Building & Codes Construction Division – 555 cases; Building & Codes Administration – 68 single-family permits; Building & Codes Abatement Program – 107 work orders; Fire & Rescue – 1,079 emergency responses; Police – 13,333 calls. STREETS-TRANSPORTATION-GARAGE COMMITTEE James Lewis, Chair Councilman Lewis shared the following monthly department statistics: Streets – 246 work orders; Clarksville Transit System – 58,532 passengers; Clarksville-Nashville Express – 5,346 passengers; City Garage – 461 work orders (unleaded fuel $1.98/gallon, diesel fuel $1.68/gallon) NEW BUSINESS RESOLUTION 5-2016-17 Approving an encroachment easement agreement with Regions Bank Since this items was not presented during the June 30th Executive Session, Councilman Allen made a motion to consider this resolution. The motion was seconded by Councilwoman Guzman. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, Powers, Smith, Wallace The motion to consider this resolution passed with the required 2/3 majority vote. City Attorney Lance Baker said Regions Bank planned to sell the downtown building and found that an easement for the in-air connection between the main building and the drive-up facility on the ground was never recorded. He said the City would retain the existing public alley. The following vote on the resolution was recorded: AYE: Alexander, Allen, Burkhart, Grubbs, Guzman, Lewis, McLaughlin, McMillan, Powers, Smith, Wallace The motion to adopt this resolution passed. MAYOR AND STAFF REPORTS Councilman Grubbs invited the public to the annual Independence Day Celebration at Liberty Park on July 3rd. ADJOURNMENT The meeting was adjourned at 7:40 p.m.  PROCLAMATION Pat Head Summitt Day WHEREAS, on June 14, 1952, Patricia Sue Head was born to Richard and Hazel Head in Clarksville, TN; and WHEREAS, Trish, as she was known then, her four siblings and parents lived in Clarksville until they relocated to neighboring Cheatham County so that she could pursue her dream of playing basketball; and WHEREAS, Pat graduated from the University of Tennessee at Martin, playing for the school’s first women’s basketball coach and in the inaugural women’s tournament at the 1976 Summer Olympics where the team won silver medals; and WHEREAS, she started her career at the University of Tennessee as a graduate assistant in 1974 and was named head coach shortly thereafter earning $250 monthly and personally washing the team’s uniforms; and WHEREAS, Pat will forever be recognized as the pre-eminent coach and mentor. From very humble beginnings she built a program that took her team to sixteen Southeastern Conference regular season titles, sixteen SEC tournament titles, appearances in every NCAA tournament from 1982-2012 winning eight championships, advancing to the Sweet 16 every year except 2009 and becoming the winningest coach, male or female, in Division I college basketball history while having every player who completed college eligibility graduate with a degree; and WHEREAS, girls across the county have grown up watching the Lady Vols play under Pat Head Summitt’s tutelage having only one desire; to one day become a Lady Vol; and WHEREAS, Pat Head Summitt’s legacy will live on in the hearts and lives of every person touched by her and the amazing Lady Vols. Now, Therefore, I, Kim McMillan, Mayor of the City of Clarksville, do hereby proclaim July 14, 2016, a day to stop and honor the passing of a legend and invite all citizens to join in and remember the Clarksville native Pat Head Summitt.  ORDINANCE 7-2016-17 AN ORDINANCE AMENDING THE 2016-17 GENERAL FUND OPERATING BUDGET (ORDINANCE 104-2015-16) AUTHORIZING THE CITY OF CLARKSVILLE TO INCREASE THE OPERATING BUDGET OF THE FIRE DEPARTMENT FOR THE PURPOSES OF PAYING FOR A VEHICLE CHASSIS THAT WAS PLANNED AND BUDGETED IN FY2016 BUT WILL NECESSITATE FUNDING IN FY2017 WHEREAS, The Fire Department ordered a 2016 Ford Chassis in April which was anticipated to be delivered prior to fiscal year end; and WHEREAS, the Chassis will not be delivered within our required timeframe to use FY 2016 appropriations; and WHEREAS, appropriations expire at fiscal year end; and WHEREAS, the $56,211 budgeted from fiscal year 2016 will revert back to the general fund allowing those funds to be available for appropriation in fiscal year 2017 to pay for this item upon delivery. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the following Gneral Fund Budget Amendment be made: 10422004-4742 Increase: $56,211 BE IT FURTHER ORDAINED that the source of funding for this $56,211 shall be from the fund balance of the General Fund. FIRST READING: SECOND READING: EFFECTIVE DATE:  ORDINANCE 8-2016-17 AN ORDINANCE AMENDING THE CAPITAL PROJECTS FUND TO REPURPOSE ALREADY APPROPRIATED FUNDS FOR LIBERTY PARK WHEREAS, the Capital Projects Fund is a multiyear fund where appropriated dollars roll from year to year; and WHEREAS, the FY 2015 Budget Ordinance 81-2013-2014 authorized a capital project for the purpose of purchasing land near Liberty Park; and WHEREAS, it is in the best interest of City to utilize these funds to convert currently owned City property at Liberty Park into a parking lot. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the following Amendment be made: Capital Projects Fund – Parks & Recreation: Project # 15501 – Land Purchase near Liberty Park - $155,940 Rename the project to: Project #15501 – Land Improvement at Liberty Park - $155,940 BE IT FURTHER ORDAINED that no additional funding is necessary. FIRST READING: SECOND READING: EFFECTIVE DATE:  RESOLUTION 8-2016-17 A RESOLUTION EXPRESSING SUPPORT FOR AN APPLICATION TO THE BUREAU OF JUSTICE FOR A BODY WORN CAMERAS (BWC) GRANT AND FOR COMMITMENT TO THIS LONG TERM PROGRAM WHEREAS, the Clarksville Police Department applied to the Department of Justice for a Body Worn Cameras grant in 2015, but was not selected to receiving any funding; and WHEREAS, with the assistance of the City Grants Manager, several new key components have been identified to strengthen a future application; and WHEREAS, the City’s application should indicate support from the City Council and the community; and WHEREAS, the City’s application should indicate the City Council’s commitment to sustain the program after the initial two-year 50/50 matching grant funds have expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council supports the Clarksville Police Department’s application to the Department of Justice for a Body Worn Cameras (BWC) grant and commits to sustaining this longterm program after initial funding expires. ADOPTED: To: Public Safety Committee, Clarksville City Council From: Chief Al Ansley Date: 14 July, 2016 Ref: Support for Bureau of Justice Grant for Body Worn Cameras and commitment to sustain program long term. In 2015 the Clarksville Police Department applied for a BWC grant through the department of Justice. The City of Clarksville was not selected to receive any funding for this particular application. We have identified several key components through assistance from Ms. Debbie Smith where our application could be stronger should we choose to apply in the future. Two of these components involve the City Council. One being community, and council support, and the second being evidence that the City will sustain the program over time. It is my intention to apply for this grant again, possibly in the spring of 2017 however, it would be a waste of time and effort unless we can present evidence of support, and sustainability after the initial funding has expired. Therefore I am seeking a resolution from the City Council through the Public safety Committee supporting the application, and the BWC program should we be selected to receive funding. The Grant would be a two year 50/50 match which would result in the following costs. Year one estimated Initial costs and storage of evidence $272,050 Cost for the City……………………………………………………………..$136,025 Year two estimated costs $254,250 Cost for the City………………$127,125 Cost for the City to sustain the BWC program after year two estimate $254,250  RESOLUTION 6-2016-17 A RESOLUTION APPROVING A TAX INCREMENT FINANCING AGREEMENT WITH MONTGOMERY COUNTY AND THE CLARKSVILLE-MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT BOARD WHEREAS, the City Council has determined that a developed and economically vibrant downtown area is of tremendous benefit to the City and its residents generally and to increasing the property tax base; and WHEREAS, the City Council finds that the downtown area of the City is in decline and in need of government assistance and incentives to spur economic development and the revitalization of the downtown area; and WHEREAS, the City Council finds that the public interest would be served by creating appropriate economic incentives as permitted by our City Charter, Tennessee law generally and specifically by Tennessee Code Annotated Section 7-53-101, et seq.; and WHEREAS, the Industrial Development Board for the County of Montgomery has developed an “Economic Impact Plan for the Civic Plaza Development Area” (see attached Exhibit A incorporated hereto) located in downtown Clarksville, as well as “Policies and Procedures for Tax Increment Incentive Program for Civic Plaza Development” (see attached Exhibit B incorporated hereto) in order to accomplish the forgoing purposes; and WHEREAS, the City Council finds that approval of, participation in, and implementation of the Economic Impact Plan for the Civic Plaza Development Area and of the Policies and Procedures for the Tax Increment Incentive Program for Civic Plaza Development would serve the public interest and further the goals of downtown development, revitalization, and increasing the tax base; and WHEREAS, the Industrial Development Board and the County of Montgomery, as required by statute, has previously approved the Economic Impact Plan and the Policies and Procedures (see attached Exhibit C incorporated hereto). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF CLARKSVILLE, TENNESSEE: That the agreements with the Industrial Development Board of the County of Montgomery, and with the County of Montgomery, Tennessee, attached hereto and incorporated herein, Exhibit A (Economic Impact Plan for the Civic Plaza Development Area) and Exhibit B (Policies and Procedures for Tax Increment Incentive Program for Civic Plaza Development), are hereby approved. ADOPTED: