City Council

CLARKSVILLE CITY COUNCIL EXECUTIVE SESSION OCTOBER 27, 2016 IMMEDIATELY FOLLOWING SPECIAL SESSION COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA 1) ZONING PUBLIC HEARING 1. ORDINANCE 33-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Pool & Spa Depot/Peter Von Hopffgarten, CS Architects/John H. Comperry-Agent, for zone change on property at the intersection of Wilma Rudolph Boulevard and Terminal Road from M-2 General Industrial District to C-5 Highway & Arterial Commercial District (RPC: Approval/Approval) 2. ORDINANCE 34-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Courtney M. Caudill, Jimmy Bagweell-Agent, for zone change on property at the intersection of Peachers Mill Road and West Allen Griffey Road from R-4 Multiple Family Residential District to C-2 General Commercial District (RPC: Approval/Approval) 3. ORDINANCE 35-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of C & M Ventures for zone change on property north of Madison Street and west of Hillcrest Drive from C-5 Highway & Arterial Commercial District to R-4 Multiple Family Residential District (RPC: Approval/Approval) 4. ORDINANCE 36-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Marie Beck for zone change on property at the intersection of Warfield Boulevard and Stokes Road from R-1 Single Family Residential District to C-2 General Commercial District (RPC: Approval/Approval)  5. ORDINANCE 37-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Marvin Dennis Hamaker and David Lee Hamaker, Christian Black-Agent, for zone change on property on Trenton Road south of Barkwood Drive and north of Destin Drive from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District (RPC: Approval/Approval) 2) 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 25-2016-17 (Second Reading) Authorizing extension of utility services to 3674 Sango Road; request of Robert Halliburton 2. ORDINANCE 26-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Bret Appleton for zone change on property at the intersection of 41-A Bypass and Kender Rhea Court from M-1 Light Industrial District and C-2 General Commercial District to C-5 Highway & Arterial Commercial District 3. ORDINANCE 27-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ricky and Tina Cumberland and Mike Young, Brookside Properties, Inc./David Crabtree -Agent, for zone change on property at the intersection of Vaughan Road and Scenic Drive from O-1 Office District and R-1 Single Family Residential District to C-5 Highway & Commercial District 4. ORDINANCE 28-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Meadow Wood Park Properties/Jimmy Settle, Janco Development, LLC-Agent, for zone change on property at the intersection of Professional Park Drive and Big Sky Drive from O- 1 Office District to R-4 Multiple Family Residential District 5. ORDINANCE 29-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Meadow Wood Park, Jason Daugherty-Agent, for zone change on property at the intersection of Big Sky Drive and White Face Drive from O-1 Office District to R-4 Multiple Family Residential District 6. ORDINANCE 32-2016-17 (Second Reading) Authorizing purchase of property at 401 Acuff Road for FEMA risk mitigation  7. Adoption of Minutes: October 6th 8. Approval of Board Appointment: Arts & Heritage Development Council: Charlsie Halliburton (replace Debbie Wilson-term expired) – November 2016 through June 2019 3) COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE David Allen, Chair 4) FINANCE COMMITTEE Joel Wallace, Chair 1. ORDINANCE 30-2016-17 (First Reading) Designating depositories and authorizing contracts for banking services (Finance Committee: Approval) 2. ORDINANCE 31-2016-17 (First Reading) Authorizing donation of property at 410 Martin Street to Flourishing Families for Community Development (Finance Committee: Approval) 5) GAS & WATER COMMITTEE Wallace Redd, Chair 6) PARKS, RECREATION, GENERAL SERVICES Bill Powers, Chair 7) PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair 8) STREETS-TRANSPORTATION-GARAGE COMMITTEE James Lewis, Chair 9)NEW BUSINESS 10) MAYOR AND STAFF REPORTS 11) PUBLIC COMMENTS 12) ADJOURNMENT  ORDINANCE 33-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF POOL & SPA DEPOT/PETER VON HOPFFGARTEN, CS ARCHITECTS/JOHN H. COMPERRY-AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF WILMA RUDOLPH BOULEVARD AND TERMINAL 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 M-2 General Industrial District, as C-5 Highway & Arterial Commercial District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point said point being 1,012 +/- feet west of the centerline of the Wilma Rudolph Blvd. and Terminal Rd. intersection, said point being located in the southern ROW margin of Terminal Rd., further identifies as the northwest corner of the TK of Clarksville, Inc. property, thence in a southerly & easterly & westerly direction 714 +/- feet with the TK of Clarksville, Inc. and others west property boundary to a point, said point being in the northern boundary of the TN Investment Properties, thence in a westerly direction 189 +/- feet to a point, said point being the southeast corner of the Thomas W. Cork & Henry W. Emrick property, thence in a northerly direction 648 +/- feet with the east boundary of the Thomas W. Cork & Henry W. Emrick property to a point, said point being in the southern ROW margin of Terminal Rd. thence in a easterly direction 230 +/- feet with the southern ROW margin of Terminal Rd. to the point of beginning, said tract containing 3.61 +/- acres, further identified as Tax Map 32, Parcel 109.02  ORDINANCE 34-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF COURTNEY M. CAUDILL, JIMMY BAGWELL- AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF PEACHERS MILL ROAD AND WEST ALLEN GRIFFEY 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 R-4 Multiple Family Residential District, as C-2 General Commercial District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at an iron pin being the intersection of the south right-of-way of West Allen Griffey Road & west right-of-way of Peachers Mill Road, said point being South 80 degrees 37 minutes 39 seconds West for a distance of 87.31 feet from centerline intersection of Peachers Mill Road and West Allen Griffey Road; Thence along the west right-of-way of Peachers Mill Road on a curve to the right, said curve having a radius of 25.00 feet, arc length of 45.59 feet and being subtended by a chord having a bearing of South 38 degrees 28 minutes 58 seconds East for a distance of 39.53 feet to an iron pin; Thence along the west right-of-way of Peachers Mill Road on a curve to the right, said curve having a radius of 1095.94 feet, arc length of 365.26 feet and being subtended by a chord having a bearing of South 23 degrees 17 minutes 58 seconds West for a distance of 363.57 feet to an iron pin; Thence leaving said right of way North 34 degrees 24 minutes 59 seconds west for a distance of 297.67 feet to an iron pin; Thence North 56 degrees 11 minutes 08 seconds East for a distance of 100.45 feet to an iron pin in the south right-of- way of West Allen Griffey Road; Thence along the south right-of-way of West Allen Griffey on a curve to the right, said curve having a radius of 375.00 feet, arc length of 216.62 feet and being subtended by a chord having a bearing of North 72 degrees 44 minutes 03 seconds East for a distance of 213.62 feet to the point of beginning. Said tract contains 1.39 +/- acres, Portion of Tax Map 31, Parcel 2.00.  ORDINANCE 35-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF C & M VENTURES FOR ZONE CHANGE ON PROPERTY NORTH OF MADISON STREET AND WEST OF HILLCREST DRIVE 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 C-5 Highway & Arterial Commercial District, as R-4 Multiple Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point lying in the east boundary line of lot 1 of the Hutton C & M Ventures Plat and Travel Easement as recorded in PB H, page 124, ROMCT, also lying in the west property line of the Todd Morris property as recorded in ORV 1526, page 1469 ROMCT, said point lying North 77 degrees 47 minutes 56 seconds West for 956.53 feet from the intersection of Hillcrest Drive and Madison Street; Thence leaving Morris property on a new zone line, South 86 degrees 29 minutes 07 seconds West for 398.89 feet to a point, lying in the northwest corner of C & M Ventures lot 2, also being the southwest corner of herein described parcel; Thence leaving lot 2 along the west property line of lot 1 and the existing zone line, North 03 degrees 25 minutes 30 seconds West for 113.30 feet to a point, being the northwest corner of herein described parcel; Thence continuing along an existing zone line, North 87 degrees 01 minutes 16 seconds East for 398.90 feet to a point, being the northeast corner of herein described parcel; Thence along Morris property line, South 03 degrees 25 minutes 30 seconds East for 109.57 feet to the point of beginning. This parcel contains 1.02 +/- acres further identified as Tax Map 80-C-A, Parcel 8.08 p/o  ORDINANCE 36-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF MARIE BECK FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF WARFIELD BOULEVARD AND STOKES 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 R-1 Single Family Residential District, as C-2 General Commercial District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at the point in the south right of way of Warfield Blvd also being the northeast corner of the Ajax properties as recorded in ORV 672, Page 2036 ROMCT, lying approximately South 71 degrees 18 minutes 32 seconds East for 905.55 feet from intersection of Warfield Blvd and Stokes Road; Thence along Warfield’s south right of way, on a curve to the right having a radius of 1,272.39 feet, an arc length of 264.66 feet, a delta of 11 degrees 55 minutes 04 seconds, a tangent of 132.81 feet, a chord bearing of South 71 degrees 56 minutes 34 seconds East for 264.18 feet to a point, also being the north corner of the Spirit Master Funding property as recorded in ORV 1559, Page 2495 ROMCT, said point being the east corner of herein described parcel; Thence leaving south right of way along the Spirit Master east property line on a new zone line, South 00 degrees 32 minutes 29 seconds East for 462.08 feet to a point, being the south corner of Spirit Master property, lying in the north line of the Billy Brown property as recorded in ORV 239, Page 105 ROMCT, also being the southeast corner of herein described parcel; Thence along Brown north property line, South 83 degrees 05 minutes 15 seconds West for 252.02 feet to a point, lying in the east line of the Ajax property, also being the south corner of herein described parcel; Thence along Ajax east property line for the next 3 calls: North 06 degrees 01 minutes 39 seconds West for 213.26 feet to a point; North 02 degrees 56 minutes 58 seconds East for 201.13 feet to a point; North 02 degrees 22 minutes 28 seconds East for 161.48 feet to the point of beginning. This parcel contains 3.14 +/- acres further identified as Tax Map 41- Parcel 85.01  ORDINANCE 37-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF MARVIN DENNIS HAMAKER AND DAVID LEE HAMAKER, CHRISTIAN BLACK-AGENT, FOR ZONE CHANGE ON PROPERTY ON TRENTON ROAD SOUTH OF BARKWOOD DRIVE AND NORTH OF DESTIN DRIVE 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 R-1 Single Family Residential District, as C-5 Highway & Arterial Commercial District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point said point being 141 +/- feet northwest of the centerline of the Trenton Rd. & Destin Dr. intersection, said point being in the western ROW margin of Trenton Rd. and the northeast corner of the Wilkinson-Huggins LLC property, thence in a westerly direction 646 +/- feet with the northern boundary of the Wilkinson-Huggins LLC property to a point, said point being in the northern boundary of the Wilkinson property thence in a northerly direction with a new zone line to a point said point being in the southern boundary of the TV Partners property, thence in a easterly direction 634 +/- feet to a point said point being in the western ROW margin of Trenton Rd. thence in a southerly direction 243 +/- feet with the western ROW margin of Trenton Rd, to the point of beginning, said tract containing 3.52 +/- acres further identified as Tax Map 32, Parcel 87 & portion of 87.01  ORDINANCE 25-2016-17 AN ORDINANCE AUTHORIZING EXTENSION OF CITY OF CLARKSVILLE UTILITY SERVICES OUTSIDE THE CLARKSVILLE CITY LIMITS; REQUEST OF ROBERT HALLIBURTON FOR PROPERTY LOCATED AT 3674 SANGO ROAD WHEREAS, proper application has been made by Cal McKay, PE on behalf of Robert Halliburton for extensions of City utility service to property located at Cmap 82, Parcel 88.01 with the property address of 3674 Sango Road outside the corporate boundary of the City, said property and the extension of service thereto, which is more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City of Clarksville Gas and Water Department has recommended approval of said application; and WHEREAS, the Gas, Water and Sewer Committee of the Clarksville City Council has recommended approval of said application; and WHEREAS, the Clarksville City Council finds that all of the requirements of City Code Section 13-405 have been or are satisfied and the extension of water and sewer service to property as described in Exhibit A will be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the City of Clarksville Gas, Water and Sewer Department is hereby authorized to extend utility service to property located at Cmap 82, Parcel 88.01 with the property address of 3674 Sango Road outside the City corporate limits as described in Exhibit A attached hereto and incorporated herein and subject to and in accordance with the provisions of the City Code and Ordinance 37-2009-10. FIRST READING: October 6, 2016 SECOND READING: EFFECTIVE DATE EXHIBIT A  ORDINANCE 26-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF BRET APPLETON FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF 41-A BYPASS AND KENDER RHEA 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 M-1 Light Industrial District and C-2 General Commercial District, as C-5 Highway & Arterial Commercial District. PUBLIC HEARING: October 6, 2016 FIRST READING: October 6, 2016 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point said point being 105 +/- feet east of the centerline of the Kender Rhea Ct. & Hwy 41-A Bypass intersection, said point being located in the southern ROW margin of the 41-A Bypass and further identified as the northeast corner of the David Plowman property, thence in a easterly direction 338 +/- feet with the southern ROW margin of the 41-A Bypass to a point, said point being the northwest corner of the Main Street Apartments property, thence in a southerly direction 213 +/- feet to a point, said point being the southwest corner of the Main Street Apartments property and in the northern boundary of the Shirley Taylor property, thence in a westerly & southerly direction 438 +/- feet with the Taylor Boundary and others to a point, said point being the southeast corner of the David Plowman property, thence in a northerly direction 185 +/- feet with the eastern boundary of the Plowman property to the point of beginning, herein described tract containing 1.79 -/- acres further identified as Tax Map 81, Parcels 56 & 63.  ORDINANCE 27-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF RICKY AND TINA CUMBERLAND AND MIKE YOUNG FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF VAUGHAN ROAD AND SCENIC DRIVE 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 and R-1 Single Family Residential District, as C-5 Highway & Commercial District. PUBLIC HEARING: October 6, 2016 FIRST READING: October 6, 2016 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 169 +/- feet south of the centerline of the Vaughan Rd. and Francis Ln. said point being the southwest corner of the John L. Byrd property, thence in a easterly direction 160 +/- feet to a point, said point being the the western boundary of the Michael E. Young property, thence in a southerly direction 541 +/- feet with the western boundary of the Young property to a point, said point being northeast corner of the Michael E. Young property and the southeast corner of the herein described tract, thence in a westerly direction 196 +/- with the northern boundary of the Young property to a point said point being in the eastern ROW margin of Vaughan Rd. thence in a northerly direction 557 +/- feet with the eastern ROW margin of Vaughan Rd. to the point of beginning, said tract containing 2.28 +/- acres, further identified as Tax Map 63, Parcels 35 & 36.  ORDINANCE 30-2016-17 AN ORDINANCE TO DESIGNATE DEPOSITORIES FOR THE CITY OF CLARKSVILLE FURTHER AUTHORIZING THE CITY OF CLARKSVILLE TO ENTER INTO BANKING SERVICES CONTRACTS WHEREAS, City Charter Article I, Section 5 (a) (59) provides corporate powers by Ordinance to designate from time to time a depository in which all of the funds under control of the City shall be kept; and WHEREAS, the City as whole has issued an RFP for various banking services, and WHEREAS, an RFP evaluation Committee made up of end users representative of each City fund have reviewed respondents proposals; and WHEREAS, the RFP was written in a way that the City can pick and choose what services they desire based on the need of the City; and WHEREAS, diversification is in the best interest of the City, as such the following recommendations are for approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: The following banking services have been recommended by each City fund to serve the citizens and ratepayers in the most efficient and economical way. City-wide P-Card Program Regions Bank City General Depository Services US Bank City General Merchant Services** Legends Bank CGW Depository Legends Bank CGW Lock Box Legends Bank CGW Merchant Services Legends Bank CTS Depository* US Bank Community Development Depository* US Bank CDE – Depository Services Legends Bank CDE – Lock Box Services – Optional Legends Bank CDE – Merchant Services – Optional Legends Bank *Due to the financial inter-relationship with Community Development and Transit, their banking services will remain with City General.  **Merchant Services for City General will be implemented as contracts expire and based on compatibility with software. CDE reserves the right to add the additional optional services listed above. BE IT FURTHER ORDAINED that the source of funding has been budgeted in each respective fund. FIRST READING: SECOND READING: EFFECTIVE DATE:  ORDINANCE 28-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF MEADOW WOOD PARK PROPERTIES/JIMMY SETTLE, JANCO DEVELOPMENT, LLC-AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF PROFESSIONAL PARK DRIVE AND BIG SKY DRIVE 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-4 Multiple Family Residential District PUBLIC HEARING: October 6, 2016 FIRST READING: October 6, 2016 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 164 +/- northwest of the centerline of the Professional Park Dr. and Big Sky Dr. intersection, said point further identified as the southeast corner of the ATS Rental Partnership property thence in a northerly direction 450 +/- feet with the eastern boundary of the ATS Rental Partnership property to a point, said point being in the southern boundary of the Sun Bell Crossing LLC property, thence in a easterly direction 800 +/- feet with the southern boundary of the Sun Bell Crossing LLC property to a point, said point being in the western boundary of the Young property, thence in a southerly direction 450 +/- feet to a point said point being in the northern ROW margin of Professional Park Dr., thence in a westerly direction 800 +/- feet to the point of beginning, said tract containing 8.27 +/- acres. Properties identified as lots 1, 2, 3 & 4 of Professional Park Commons Final Subdivision Plat dates 11/6/2009. further identified as Tax Map 40- G-P, Parcels 18, 19, 20 & 21.  ORDINANCE 29-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF MEADOW WOOD PARK, JASON DAUGHERTY-AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF BIG SKY DRIVE AND WHITE FACE DRIVE 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-4 Multiple Family Residential District PUBLIC HEARING: October 6, 2016 FIRST READING: October 6, 2016 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 169 +/- feet north of the centerline of the Big Sky Dr. and White Face Dr. intersection, said point being the southwest corner of the Professional Park Properties property, thence in a easterly direction 613 +/- feet with the southern boundary of the Professional Park Properties southern boundary & others to a point, said point being in the western boundary of the Gladys Young property, thence in a southerly direction 645 +/- feet with the western boundary of the Young property, to a point, said point being in the western ROW margin of Big Sky Dr., thence in a northerly direction 552 +/- feet with the western ROW margin of Big Sky Dr. to the point of beginning, said tract containing 4.82 +/- acres, further identified as Tax map 40-J-D, Parcel 4.00  CLARKSVILLE CITY COUNCIL REGULAR SESSION OCTOBER 6, 2016 AGENDA PUBLIC COMMENTS During the public comment period, Joseph Naszady shared photographs of the overgrown Burchett property on Woodhaven Drive that he felt was being ignored by the Building & Codes Department. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, October 6, 2016, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered and the Pledge of Allegiance was led by Councilwoman Wanda Smith, Ward 6. ATTENDANCE PRESENT: Richard Garrett (Ward 1), 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) SPECIAL RECOGNITIONS Mayor McMillan recognized and welcomed Cub Scout Pack 533 from Fort Campbell, Kentucky. Mayor McMillan proclaimed October as “National Arts & Humanities Month” and presented the proclamation to Arts & Heritage Director Dr. Ellen Kanervo. PUBLIC HEARING Councilman Grubbs made a motion to conduct a public hearing to received comments regarding requests for zone change. The motion was seconded by Councilwoman McLaughlin. There was no objection.  ORDINANCE 26-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Bret Appleton for zone change on property at the intersection of 41-A Bypass and Kender Rhea Court from M-1 Light Industrial District and C-2 General Commercial District to C-5 Highway & Arterial Commercial District No one spoke for or against this request. ORDINANCE 27-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ricky and Tina Cumberland and Mike Young, Brookside Properties, Inc./David Crabtree -Agent, for zone change on property at the intersection of Vaughan Road and Scenic Drive from O-1 Office District and R-1 Single Family Residential District to C-5 Highway & Commercial District David Crabtree said the applicant had met with area residents. Mr. Crabtree asked for support of this change. No one expressed opposition to this request. ORDINANCE 28-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Meadow Wood Park Properties/Jimmy Settle, Janco Development, LLC-Agent, for zone change on property at the intersection of Professional Park Drive and Big Sky Drive from O-1 Office District to R-4 Multiple Family Residential District Dudley Parker, PGM Properties, asked for support of this request. No expressed opposition to the change. ORDINANCE 29-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Meadow Wood Park, Jason Daugherty-Agent, for zone change on property at the intersection of Big Sky Drive and White Face Drive from O-1 Office District to R-4 Multiple Family Residential District Jason Daugherty asked for support and offered to answer questions. No one expressed opposition to this request. Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilwoman McLaughlin. There was no objection. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ORDINANCE 26-2016-17. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Garrett, Grubbs, Guzman, Lewis, Powers, Redd, Smith, Wallace NAY: McLaughlin The motion to adopt this ordinance on first reading passed.  The recommendation of the Regional Planning Staff and Commission were for approval of ORDINANCE 27-2016-17. 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, Garrett, Grubbs, Guzman, Lewis, McLaughlin, Powers, Redd, Smith, Wallace The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff and Commission were for approval of ORDINANCE 28-2016-17. 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, Garrett, Grubbs, Guzman, Lewis, McLaughlin, Powers, Redd, Smith, Wallace The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff and Commission were for approval of ORDINANCE 29-2016-17. 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, Garrett, Grubbs, Guzman, Lewis, McLaughlin, Powers, Redd, 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 14-2016-17 (Second Reading) Closing the Red River Trail/Greenway grant match capital project and transfer funds to the correct Red River Trail project 2. ORDINANCE 15-2016-17 (Second Reading) Accepting a National Parks Service grant through the Tennessee Historical Commission and providing matching funds for Smith-Trahern Mansion repairs 3. ORDINANCE 16-2016-17 (Second Reading) Amending the Official Code relative to membership of the Two Rivers Company Board of Directors 4. ORDINANCE 17-2016-17 (Second Reading) Authorizing extension of utilities to 3181 Highway 41A South; request of David Welch  5. ORDINANCE 18-2016-17 (Second Reading) Adding a capital project and accepting a state grant for Swan Lake Pool Renovations 6. ORDINANCE 19-2016-17 (Second Reading) Amending the Official Code relative to use of public rights-of-way 7. ORDINANCE 22-2016-17 (Second Reading) Amending the FY17 Operating Budget to appropriate funds for the Tree Board 8. ORDINANCE 23-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Meriam Tummons for zone change on property at the terminus of Belle Court from RM-1 Single Family Mobile Home Residential District to R-1 Single Family Residential District 9. ORDINANCE 24-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Lyndon W. Watts, Lyndon W. Watts or Alesha Williams-Agents, for zone change on property at the intersection of Madison Street and Liberty Parkway from OP Office Professional District to C- 5 Highway & Arterial Commercial District 10. Adoption of Minutes: September 1, 2016 11. Approval of Board Appointments: Arts & Heritage Development Council: Kim Balevre – October 2016 through June 2019 Design Review Board: Gail Longston – October 2016 through September 2021 Historic Zoning Commission – Gail Longston – October 2016 through September 2021 Housing Authority: Angela Jones, Karey Daugherty – October 2016 through September 2021 Councilman Burkhart made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Garrett, Grubbs, Guzman, Lewis, McLaughlin, Powers, Redd, Smith, Wallace The motion to adopt the Consent Agenda as presented passed. FINANCE COMMITTEE Joel Wallace, Chair No items were presented for consideration. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said a contract was recently awarded to McIntosh Construction in the amount of $177,440 for repairs to Chapel Street. GAS & WATER COMMITTEE Wallace Redd, Chair ORDINANCE 25-2016-17 (First Reading) Authorizing extension of utility services to 3674 Sango Road; request of Robert Halliburton The recommendation of the Gas & Water Committee was for approval. Councilman Redd made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Garrett, Grubbs, Guzman, Lewis, McLaughlin, Powers, Redd, Smith, Wallace The motion to adopt this ordinance on first reading passed. PARKS, RECREATION, GENERAL SERVICES Bill Powers, Chair Councilman Powers said good progress had been made toward making repairs at Stokes Field including the press box ceiling, hanging light fixtures, and vinyl siding. He invited the public to upcoming events including Fright on Franklin, Zombie 5K, Teen Takeover and Movies in the Park. PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes Construction Division – 1,660 inspections; Building & Codes Enforcement Division – 429 cases, Building & Codes Adminstration – 71 single-family permits; Building & Codes Abatement Division – 103 work orders, Fire & Rescue – 1,013 emergency calls; CPD – 13,128 responses. STREETS-TRANSPORTATION-GARAGE COMMITTEE James Lewis, Chair Councilman Lewis shared the following monthly department statistics: Clarksville Transit System – 61,513 passengers; Clarksville-Nashville Express – 6,112 passengers; Streets – 237 work orders. NEW BUSINESS ORDINANCE 9-2016-17 (First Reading) Amending the Official Code relative to departmental transfer of funds Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Councilman Burkhart said these new restrictions would create more transparency following the budget process. Councilwoman McLaughlin offered an amendment to make this ordinance effective July 1, 2017. The amendment was seconded by Councilman Allen. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Garrett, Guzman, McLaughlin, Powers, Redd, Smith, Wallace NAY: Grubbs, Lewis Councilwoman McLaughlin’s amendment passed. Councilman Grubbs said he supports allowing department heads discretion in transferring funds within their approved budgets. Mayor McMillan said any employee positions that require additional funding must have City Council approval, otherwise department heads may use currently budgeted funds for additional positions. There were questions regarding whether these proposed restrictions would apply to the utility enterprise funds. Councilman Redd opposed micro-management of departments. The following vote was taken; AYE: Allen, Burkhart, Garrett, Guzman, McLaughlin, Smith NAY: Alexander, Grubbs, Lewis, McMillan, Powers, Redd, Wallace The motion to adopt this ordinance on first reading as amended failed. ORDINANCE 20-2016-17 (First Reading; Postponed September 1st) Amending the FY17 Parks & Recreation Budget for Stokes Field safety repairs Councilwoman McLaughlin said repairs for Stokes Field were underway; she withdrew this ordinance without objection from the Council. No action was taken. FIRE PREVENTION & SAFETY GRANT Councilman Wallace reported the City of Clarksville had received a 95% FEMA funded grant for firefighter training; no action was required. Mayor McMillan agreed to notify the members of the status of the SAFER grant. MAYOR AND STAFF REPORTS Councilman Garrett thanked Police Chief Al Ansley for his support of the Unity Prayer Walk. Mayor McMillan announced the Miss Tennessee USA and Miss Tennessee Teen USA pageants were underway at Austin Peay State University. ADJOURNMENT The meeting was adjourned at 7:57 p.m.  ORDINANCE 31-2016-17 AN ORDINANCE AUTHORIZING DONATION OF AT 410 MARTIN STREET TO FLOURISHING FAMILIES FOR COMMUNITY DEVELOPMENT WHEREAS, the Community Development Committee was established by the Mayor and City Council to identify community needs and to recommend affordable housing programs for community development and; WHEREAS, Community Development Block Grants help communities provide decent housing, a suitable living environment, expanded economic opportunities, principally for persons of low and moderate income; and WHEREAS, Housing and Urban Development awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development and providing improved community facilities and services; and WHEREAS, the Office of Housing and Community Development proposes to have the city donate property located at 410 Martin Street (Map, Group and Parcel 66K F 006.00) for the purpose of donating it to Flourishing Families a non-profit organization, for the purpose of rapid-rehousing of homeless/chronically homeless individuals and/or families: and WHEREAS, providing assistance for low-income individuals and families are consistent with the goals and objectives of the Community Development Block Grant program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the City of Clarksville is hereby donating the property know as 410 Martin Street to Flourishing Families. FIRST READING: SECOND READING: EFFECTIVE DATE:  EXHIBIT “A” Beginning at a stake on the west margin of Martin Street, the southeast corner of Lot #6 in Block “B”, of the Pine Ridge Estates Subdivision, and runs thence along the west margin of Martin Street 50 feet to a stake, the northeast corner of Lot #9 of said Block “B; thence west along the north line of said Lot #9 a distance of 135 feet to a stake, the northwest corner of said Lot #9; thence north along the east line of Lots Nos. 3, 4 and 5 of Block “D” of said Subdivision, 50 feet to a stake, the southwest corner of Lot #6 in said Block “B”; thence with the south line of Lot #6 a distance of 135 feet to the beginning, being Lots Nos. 7 and 8 of Block “B” of what is known as the Pine Ridge Estates, as shown by plat of record in Plat Book 1, Page 57, Plat No. 94, Register’s Office for Montgomery County, Tennessee. The Parcel Number for the above-described lot according to the Assessor of Property for Montgomery County, Tennessee is 066K F 006.00 000.  ORDINANCE 32-2016-17 AN ORDINANCE AMENDING THE 2016-17 GENERAL GOVERNMENT BUDGET (ORDINANCE 104-2015-16) AUTHORIZING THE CITY OF CLARKSVILLE TO INCREASE THE FEMA FLOOD BUYOUT APPROPRIATION IN THE AMOUNT OF $49,350 WITH GENERAL GOVERNMENT FUNDING IN THE AMOUNT OF $6,169 AND ACCEPTANCE OF FEDERAL AND STATE GRANTS IN THE AMOUNT OF $43,181 AS WELL AS AUTHORIZING THE MAYOR, THROUGH THE CITY ATTORNEY OR HIS DESIGNEE, TO CONDUCT NEGOTIATIONS AND TO ENTER INTO AN AGREEMENT FOR PURCHASE OF THE PROPERTY AT 401 ACUFF ROAD FOR THE PURPOSE OF FLOOD HAZARD MITIGATION (FEMA-1909 FLOOD MITIGATION GRANT) WHEREAS, on March 1, 2012 City Council by Ordinance 51-2011-12 approved a prior grant award from FEMA for the purchase of 401 Acuff Road but the sale was not completed due to the previous owner being unavailable; and WHEREAS, the City of Clarksville reapplied and has been awarded $43,181 in grant funds from the Federal Emergency Management Agency (hereinafter, “FEMA”) Flood Mitigation Grant that requires a local match of $6,169; and WHEREAS, the anticipated costs to include purchase price, appraisal, closing costs, demolition and site preparation and repair are approximately $49,350; and WHEREAS, the Clarksville City Council finds that the property at 401 Acuff Road is eligible to participate in said FEMA grant; and WHEREAS, the Clarksville City Council finds it in the public interest to further participate in said FEMA grant through the acquisition of the property at 401 Acuff Road for the purpose of flood hazard mitigation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: The following General Fund budget amendments be made: Expenditure: 10460004 4710 FL10A FEMA Flood Buyout Increase: $49,350 Revenue: 100330 33130 FL10A FEMA Flood Buyout (federal) Increase: $37,012 100330 33410 FL10A FEMA Flood Buyout (state) Increase: $6,169 BE IT FURTHER ORDAINED That the Mayor, acting through the City Attorney or his designee, may negotiate and enter into an agreement for the purchase of the property at 401 Acuff Road, further identified as Map and Parcel 56K-B-2, according to the Assessor’s Office for Montgomery County, Tennessee, not to exceed Forty-Two Thousand and 00/100 Dollars ($42,000.00), plus reasonable acquisition costs. BE IT FURTHER ORDAINED That the general fund portion of this expenditure ($6,169) will come from the fund balance of the general fund. FIRST READING: Special Session October 27th SECOND READING: THIRD READING: