City Council

CLARKSVILLE CITY COUNCIL EXECUTIVE SESSION MARCH 30, 2017, 4:30 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA 1) PLANNING COMMISSION: PUBLIC HEARING 1. ORDINANCE 57-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Un Chu Jenkins for zone change on property located at the intersection of Tiny Town Road and Tobacco Road from R-2 Single Family Residential District to C-1 Neighborhood Commercial District (RPC: Disapproval/Approval) 2. ORDINANCE 58-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mark Stephen Bullock, et ux, Brian Bryant-Agent, for zone change on property located at the intersection of Hawkins Road and East Johnson Circle for zone change from R-1 Single Family Residential District to R-2D Two Family Residential District (RPC: Approval/Approval) 3. ORDINANCE 59-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Grace Bible Church, Mid State Investments-Agent, for zone change on property located at the intersection of Peachers Mill Road and Pine Mountain Road from R-1 Single Family Residential District and R-2 Single Family Residential District to R-4 Multiple Family Residential 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 48-2016-17 (Second Reading) Amending the FY2017 Fire & Rescue budget for CAD Implementation  2. ORDINANCE 49-2016-17 (Second Reading) Amending the Official Code to installation and maintenance of excess flow valves 3. ORDINANCE 50-2016-17 (Second Reading) Authorizing extension of utilities to Poplar Hill Subdivision; request of Fulton Wilson 4. ORDINANCE 51-2016-17 (Second Reading) Amending the Zoning Ordinance and map of the City of Clarksville, application of Annette Shrader, Jason Daugherty-Agent, for zone change on property located at the intersection of Business Park Drive and Corporate Drive from M-1 Light Industrial District to C- 5 Highway & Arterial Commercial District 5. ORDINANCE 52-2016-17 (Second Reading) Amending the Zoning Ordinance and map of the City of Clarksville, application of Richard D. Collins for zone change on property located at the intersection of Batts Lane and Columbia Street from RM-1 Single Family Mobile Home Residential District to R-4 Multiple Family Residential District 6. Adoption of Minutes: March 2 7. Approval of Board Appointments: Adult Oriented Establishment Board: Mike Biggs, Geno Grubbs, Raby Nance (reappointments) – January 2017 through December 2020 Arts & Heritage Dev. Council: Kathy Lee Heuston (replace Marlon Crow- resigned) – April 2017 through June 2018 Beer Board: Jerry Greenwell (reappointment) – April 2017 through March 2019 Tree Board: Councilman Ron Erb (replace James Lewis-term expired) – Coterminous 3) FINANCE COMMITTEE Bill Powers 1. ORDINANCE 44-2016-17 (First Reading; Postponed February 2nd) Authorizing exercise of right of eminent domain to obtain easements for the Natural Gas Interconnect Pipeline (Finance Committee and Gas & Water Committee: Approval) 2. ORDINANCE 53-2016-17 (First Reading) Amending the FY17 Special Revenue Fund Budget to accept a Safe Routes To Schools grant from the Tennessee Department of Transportation (Finance Committee: Approval) 3. ORDINANCE 54-2016-17 (First Reading) Amending the FY17 Capital Projects Budget to transfer funds for Liberty Park parking (Finance Committee: Approval) 4) GAS & WATER COMMITTEE Bill Powers, Chair 1. ORDINANCE 38-2016-17 (First Reading; Postponed March 2nd) Amending the Official Code relative to gas rates (Gas & Water Committee: Approval) 2. ORDINANCE 55-2016-17 (First Reading) Authorizing extension of utilities to 401 Miller Road; request of Miller, King & Rudolph (Gas & Water Committee: ___________) 5) HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair 6) PARKS COMMITTEE (Parks, Recreation, General Services) Valerie Guzman, Chair 7) PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair 8) STREETS & GARAGE COMMITTEE Mike Alexander, Chair 9) TRANSPORTATION COMMITTEE Deanna McLaughlin, Chair 10) NEW BUSINESS 1. ORDINANCE 56-2016-17 (First Reading) Amending the FY17 Capital Projects Budget and the General Fund Budget for hazard mitigation for Embassy House Furniture (Councilman Grubbs) 11) MAYOR AND STAFF REPORTS 12) PUBLIC COMMENTS 13) ADJOURNMENT  ORDINANCE 57-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF UN CHU JENKINS FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF TINY TOWN ROAD AND TOBACCO 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-2 Single Family Residential District, as C-1 Neighborhood Commercial District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point 294 +/- feet east of the centerline of the Tiny Town Rd. and Tobacco Rd. intersection, said point further identified as the southeast corner of the David Lee Merrill property, thence in a northerly direction 104 +/- feet with the east boundary of the Merrill property to a point, said point being the southwest corner of the Donald W. Warren property, thence in a easterly direction 231 +/- feet with the southern boundary of the Warren property and others to a point, said point being in the western boundary of the Gavin Alan Alton property, thence in a southerly direction 159 +/- feet with the Alton property west boundary to a point, said point being in the northern right of way boundary of Tiny Town Rd., thence in a westerly direction 254 +/- feet with the northern right of way boundary of Tiny Town Rd. to the point of beginning, said tract containing 0.62 +/- acres, further identified as Tax Map 6-J-B, Parcel 21.00  ORDINANCE 58-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF MARK STEPHEN BULLOCK, ET UX, BRIAN BRYANT-AGENT, FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF HAWKINS ROAD AND EAST JOHNSON CIRCLE 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 R-2D Two Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a new iron pin in the south margin of Hawkins Road, said iron pin being South 36 Degrees 32 Minutes 27 Seconds East 23.81 feet from the centerline intersection of E. Johnson Circle and Hawkins Road, thence along said margin South 87 Degrees 45 Minutes 20 Seconds East 97.55 feet to an old iron pin the northeast corner of Lot 3, J.J Edmondson property; thence South 83 Degrees 39 Minutes 38 Seconds East 148.59 feet to an existing iron rod the northeast corner of Lot 2, J.J Edmondson property; thence South 81 Degrees 24 Minutes 52 Seconds East 148.08 feet to an old iron pin the northeast corner of Lot 1, J.J.Edmondson property; thence leaving the margin of Hawkins Road and along the David Baker property South 08 Degrees 29 Minutes 19 Seconds West 262.95 feet to an old iron pin; thence along the Walter Oszczakiewicz property North 77 Degrees 34 Minutes 43 Seconds West 30.07 feet to an old iron pin; thence along the Walter Oszczakiewicz property North 77 Degrees 34 Minutes 23 Seconds West 175.17 feet to an old iron pin at an 8 inch maple tree; thence South 09 Degrees 15 Minutes 54 Seconds West 162.43 feet to an old iron pin the southeast corner of Lot 4, J.J. Edmondson property; thence South 08 degrees 50 minutes 55 seconds West 163.54 feet to an existing pipe the southeast corner of Lot 5, J.J. Edmondson property; thence along the Paul Wrenn property North 85 Degrees 05 Minutes 02 Seconds West 260.18 feet to an existing pipe in the east margin of Hawkins Road; thence along said margin North 08 Degrees 51 Minutes 29 Seconds East 169.49 feet to an old iron pin in the northwest corner of Lot 5, J.J. Edmondson property, thence North 09 Degrees 00 Minutes 14 Seconds East 170.50 feet to an old iron pin the northeast corner of Lot 4, J.J. Edmondson property; thence North 12 Degrees 15 Minutes 23 Seconds East 182.41 feet to a new iron pin; thence with a curve turning to the right with an arc lenghth of 81.67’. with a delta of 77 degrees. 59 minutes, 16 seconds, a radius of 60.00’, with a chord bearing of North 53 Degrees 15 Minutes 02 Seconds East, with a chord length of 75.51’ to the point of beginning having an area of 4.55 +/- acres further identified as Tax Map 90-C-A, Parcels 18, 19, 20 & 22)  ORDINANCE 59-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF GRACE BIBLE CHURCH, MID SOUTH INVESTMENTS-AGENT, FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF PEACHERS MILL ROAD AND PINE MOUNTAIN 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 and R-2 Single Family Residential District, as R-4 Multiple Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point in the west right of way line of Peachers Mil Road, said point being a corner in the tract of real estate conveyed to Robert W. Clark, et al, by Sara A. Smith, et al, by deed dated August 30, 1985, of record in ORBV 362, Page 99, ROMCT; thence with the Clark line South 63 degrees 35 minutes 50 seconds west 475.50 feet to a point; thence continuing with the Clark lineSouth 26 degrees 24 minutes 10 seconds East 462.55 feet to a point; thence continuing with the Clark line North 63 degrees 35 minutes 50 seconds East 475.50 feet to the West Right of Way line of Peachers mill Road; thence northwardly with Peachers Mill Road on a curve to the right having an central angle of 6 degrees 37 minutes 41 seconds, a radius of 1,744.42 feet, a distance of 201.80 feet to a point; thence North 24 degrees 57 minutes 30 seconds West 261.50 feet to the point of beginning, containing 5.0 +/- acres further identified as Tax Map 43-D-E Map 29.00  ORDINANCE 48-2016-17 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 TECHNOLOGY NECESSARY FOR CAD IMPLEMENTATION THAT WAS CUT DURING THE FY2016-17 BUDGET PROCESS WHEREAS, The Fire Department originally budgeted $68,103 for toughbooks for use with the new CAD (Computer Aided Dispatch) being implemented this fiscal year. WHEREAS, during budget cuts, the Fire Department cut the toughbooks from their department budget, planning to delay one year. WHEREAS, the CAD project is moving forward and will necessitate all equipment available for implementation prior to fiscal year end. WHEREAS, $132,985 will be necessary to provide toughbooks, technology and implementation to function with the new CAD system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the following General Fund Budget Amendment be made: 10422003-4324 Increase: $ 21,160 10422004-4650 Increase: $111,825 BE IT FURTHER ORDAINED that the source of funding for this $132,985 shall be from the fund balance of the General Fund. FIRST READING: March 2, 2017 SECOND READING: EFFECTIVE DATE:  ORDINANCE 49-2016-17 AN ORDINANCE AMENDING THE OFFICIAL CODE OF THE CITY OF CLARKSVILLE, PART II (CODE OF ORDINANCES), TITLE 13 (UTILITIES AND SERVICES), CHAPTER 3 (GAS, WATER, AND SEWER SERVICE) PERTAINING TO THE CHARGE FOR THE INSTALLATION AND MAINTENANCE OF EXCESS FLOW VALVES (EFV) WHEREAS, and the Federal Government has promulgated new regulations at 49 CFR 192.383(e) regarding the installation of EFV’s; and WHEREAS, pursuant to said regulations the City must notify customers of their right to request the installation of an EFV beginning April 14, 2017 ; and WHEREAS, the City desires to recover the cost associated with such installation and maintenance of any EFV installed at the request of the customer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Official Code of the City of Clarksville, Part II (Code of Ordinances), Title 13 (Utilities and Services), Chapter 3 (Gas, Water, and Sewer Service) is amended as follows: (1) By adding subparagraph (14) to section 13-309 (k), stating that: (2) (14) A customer requesting the installation of an excess flow valve will be responsible for the payment of the actual cost associated with the installation of the excess flow valve and cost associated with the maintenance, if any, of the excess flow valve. FIRST READING: March 2, 2017 SECOND READING: EFFECTIVE DATE  ORDINANCE 50-2016-17 AN ORDINANCE AUTHORIZING EXTENSION OF CITY OF CLARKSVILLE UTILITY SERVICES OUTSIDE THE CLARKSVILLE CITY LIMITS; REQUEST OF FULTON WILSON FOR PROPERTY LOCATED AT POPLAR HILL SUBDIVISION WHEREAS, proper application has been made by Cal McKay on behalf of Fulton Wilson for extensions of City utility service to property located at Cmap 087, Parcel 106.00, 105.00, 105.02 with the property address of Poplar Hill Subdivision 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 087, Parcel 106.00, 105.00, 105.02 with the property address of Poplar Hill Subdivision 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: March 2, 2017 SECOND READING: EFFECTIVE DATE EXHIBIT A  ORDINANCE 51-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF ANNETTE SHRADER FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF BUSINESS PARK DRIVE AND CORPORATE 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 M-1 Light Industrial District, as C-5 Highway & Arterial Commercial District. PUBLIC HEARING: March 2, 2017 FIRST READING: March 2, 2017 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point said point being 170 +/- feet southeast of the centerline of the intersection of Business Park Drive & Corporate Drive, said point being the southeast corner of the herein described tract and the northeast corner of the Cheung Property, thence in a southwesterly direction 123 +/- feet with the Cheung Property northern boundary to a point, said point being the southeast corner of the Susan Choate Young property, thence in a northwesterly direction 144 +/- feet with the eastern boundary of the Susan Choate Young property to a point, said point being in the southern right of way margin of Business Park Dr., thence in a northerly direction 105 +/- feet thence in a southerly direction 136 +/- feet with the southern right of way line margin of Corporate Drive to the point of beginning, said tract containing 0.39 +/- acres. further identified as Tax Map 56-A-A, Parcel 6.00  ORDINANCE 52-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF RICHARD D. COLLINS FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF BATTS LANE AND COLUMBIA 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 RM-1 Single Family Mobile Home Residential District, as R-4 Multiple Family Residential District. PUBLIC HEARING: March 2, 2017 FIRST READING: March 2, 2017 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being in the southern corner of the intersection of Batts Lane and Columbia Street, said point also being the northeast corner of the herein described tract, thence in a southerly direction 154 +/- feet to a point, said point being the northeast corner of the Richard Collins property, thence in a westerly direction 152 +/- feet and 177 +/- feet in a southerly direction with the Collins northern and western boundaries to a point, said point being in the northern boundary of the Titan Realty GP, thence in a westerly direction 121 +/- feet to a point said point being the northwest corner of the Titan Realty GP Property, thence in a southerly direction 292 +/- feet with the western boundary of the Titan Realty GP property and others to a point, said point being the northeast corner of the Nick Dattilo property, thence in a westerly direction 139 +/- feet to a point said point being the southeast corner of the Richard Collins property, thence in a northerly direction 229 +/- feet to a point, said point in the southern right of way margin of Batts Lane, thence in a northeasterly direction 580 +/- feet to the point of beginning, tract herein described containing 1.07 +/- acres, further identified as Tax Map 30-I-H, Parcels 2.02 & 2.03  CLARKSVILLE CITY COUNCIL REGULAR SESSION MARCH 2, 2017 MINUTES PUBLIC COMMENTS During the public comment period, Kevin Morgan said he routinely stands along city streets with a sign asking for financial support because of his disabilities and felt he was being harassed by city police officers. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, March 2, 2017, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Bro. James Shepherd, New Faith Baptist Church, guest of Councilman Bill Powers (Ward 11); the Pledge of Allegiance was led by Councilman Richard Garrett (Ward 1). ATTENDANCE PRESENT: Richard Garrett (Ward 1), Deanna McLaughlin (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman, Mayor Pro Tem (Ward 5), Wanda Smith (Ward 6), Geno Grubbs (Ward 7), David Allen (Ward 8), Jeff Henley (Ward 9), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) ABSENT: Mike Alexander (Ward 10; Excused) SPECIAL RECOGNITIONS Mayor McMillan presented a Key to the City to Vickie Koelman who was retiring from Montgomery County Government after serving as Administrator of Elections. 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 Councilwoman McLaughlin. There was no objection. ORDINANCE 51-2016-17 (First Reading) Amending the Zoning Ordinance and map of the City of Clarksville, application of Annette Shrader, Jason Daugherty-Agent, for zone change on property located at the intersection of Business Park Drive and Corporate Drive from M-1 Light Industrial District to C-5 Highway & Arterial Commercial District Jason Daugherty spoke on behalf of the applicant and offered to answer questions. No one expressed opposition. ORDINANCE 52-2016-17 (First Reading) Amending the Zoning Ordinance and map of the City of Clarksville, application of Richard D. Collins for zone change on property located at the intersection of Batts Lane and Columbia Street from RM-1 Single Family Mobile Home Residential District to R-4 Multiple Family Residential District Vernon Weakley spoke on behalf of the applicant and said the existing mobile homes would be replaced with apartment buildings. No one expressed opposition. 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 recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 51-2016-17. 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: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, 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 52-2016-17. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. REQUEST FOR ZONING REAPPLICATION RESOLUTION 27-2016-17 Authorizing reapplication for zone change by Grace Bible Church on property located at the intersection of Peachers Mill Road and Pine Mountain Road [¾ majority present required for adoption] The City Clerk read the resolution in its entirety. Councilman Erb made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. Councilman Erb said the applicant had new information to present to the City Council if permitted to reapply. Councilman Chandler disagreed with the applicant’s statement that the City Council’s vote on February 2, 2017, was not fair and he restated his opposition to this change because of increased traffic near a school and a public park. Councilwoman McLaughlin felt a multi-family development was not appropriate for single-family area. Councilman Burkhart said he was willing to hear any new information regarding the request. The following vote was recorded: AYE: Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McMillan, Powers, Smith NAY: Allen, Chandler, McLaughlin The motion to adopt this resolution passed by the ¾ majority required. 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 45-2016-17 (Second Reading) Authorizing extension of utilities to Poplar Hills Subdivision, Section 7; request of Clinton Barger 2. ORDINANCE 47-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Grace L. Harless for zone change on property located at the intersection of Peachers Mill Road and Carter Road from R-1 Single Family Residential District to R-4 Multiple Family Residential District 4. RESOLUTION 26-2016-17 Approving a retail liquor store Certificate of Compliance for Steven Howard (relocation of University Package Store from College Street to Jefferson Street) 5. Adoption of Minutes: February 2, 2017  6. Approval of Board Appointments: Airport Liaison Committee: Ron Erb – Coterminous Community Health Foundation: Tommy Bates, Jeff Bibb, Dr. Micki Dautherty, Kyle Luther – March 2017 through February 2020 Museum Board: Mike Alexander – January 2017 through December 2017 Senior Citizens Board of Directors: Trish Blair – March 2016 through June 2018; Norma Deal – March 2016 through June 2019 Councilman Burkhart made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councilman Powers. Councilwoman McLaughlin registered a nay vote on ORDINANCE 47-2016-17. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt the Consent Agenda as presented passed. FINANCE COMMITTEE Jeff Burkhart, Chair ORDINANCE 48-2016-17 (First Reading) Amending the FY2017 Fire & Rescue budget for CAD Implementation The Finance Committee recommended approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Allen. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. ORDINANCE 49-2016-17 (First Reading) Amending the Official Code to installation and maintenance of excess flow valves The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Grubbs. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers NAY: Smith  The motion to adopt this ordinance on first reading passed. RESOLUTION 21-2016-17 (Postponed January 24th) Authorizing issuance of $25,750,000 Water, Sewer, Gas Revenue Bonds The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilwoman Guzman. Councilwoman McLaughlin made a motion to consider this resolution after the vote on ORDINANCE 38-2016-17. The motion was seconded by Councilman Chandler. There was no objection. GAS & WATER COMMITTEE Bill Powers, Chair ORDINANCE 38-2016-17 (First Reading; Postponed February 2nd) Amending the Official Code relative to gas rates The recommendation of the Gas & Water Committee was for approval. Councilman Powers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Grubbs. Councilwoman McLaughlin made a motion to postpone action on this ordinance to the April regular session to allow the Council to be able to hear a presentation from the utility consultant. The motion was seconded by Councilman Chandler. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to postpone action on this ordinance to the April regular session passed. ORDINANCE 50-2016-17 (First Reading) Authorizing extension of utilities to Poplar Hill Subdivision; request of Fulton Wilson The recommendation of the Gas & Water Committee was for approval. Councilman Powers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. RESOLUTION 21-2016-17 Authorizing issuance of $25,750,000 Water, Sewer, Gas Revenue Bonds The recommendation of the Finance Committee was for approval. Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by  Councilman Powers. Councilwoman McLaughlin made a motion to postpone action on this resolution to the April regular session. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to postpone action on this resolution passed. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said the former National Guard building property and two properties on Gracey Avenue would be improved under the program for elimination of slum and blighted areas. The Shelter Plus Care Grant was awarded in the amount of $109,688 providing rent subsidies and case management services for fifteen mentally or physically challenged individuals which would otherwise be homeless. Councilman Allen announced a public hearing would be held on March 9, 2017, at Burt-Cobb Recreation Center regarding the 2017-18 Annual Action Plan. PARKS COMMITTEE (Parks, Recreation, General Services) Valerie Guzman, Chair Councilwoman Guzman announced upcoming events including Toddler’s Splash, Women of Defiance, Preschool Time, Trail Cleanup, Spring Break activities, Daddy-Daughter Night, and Indian Artifacts display. PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair Councilman Grubbs reported the following monthly department statistics: Building & Codes Construction Division – 1,566 inspections; Building & Codes Enforcement Division – 183 cases; Building & Codes Administration – 58 single-family permits; Building & Codes Abatement Division – 11 work orders; Fire & Rescue – 916 emergency runs; Police – 11,917 responses. STREETS & GARAGE COMMITTEE Mike Alexander, Chair In the absence of Councilman Alexander, Councilman Garrett announced the Street Department would offer debris pickup between March 13th and April 10th. Councilman Garrett reported the following monthly department statistics: Streets – 286 work orders; Garage – 249 work orders. TRANSPORTATION COMMITTEE Deanna McLaughlin, Chair Councilwoman McLaughlin reported 59,605 passengers transported by Clarksville Transit System during February. NEW BUSINESS RESOLUTION 28-2016-17 Expressing support for increased transportation funding and local public transit referendums in Tennessee Mayor McMillan made a motion to adopt this resolution. The motion was seconded by Councilwoman McLaughlin. Mayor McMillan shared a video outlining the Governor’s proposed IMPACT Act which include a proposed gas tax for Tennessee’s transportation infrastructure. Councilwoman McLaughlin expressed her opposition to the gas tax. Councilman Burkhart said the plan would be revenue neutral and some funding would be diverted to local projects. In response to Councilman Chandler’s question, Mayor McMillan said information on the local effect of the reduction in the Hall Income Tax was not yet available. Councilman Allen expressed support for the state plan. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, McMillan, Powers, Smith NAY: Henley, McLaughlin The motion to adopt this resolution passed. MAYOR AND STAFF REPORTS There were no Mayor or Staff reports. ADJOURNMENT The meeting was adjourned at 7:52.  ORDINANCE 44-2016-17 AN ORDINANCE AUTHORIZING THE EXERCISE OF RIGHT OF EMINENT DOMAIN TO OBTAIN UTILITY EASEMENTS AND PROPERTY NECESSARY TO ALLOW NATURAL GAS DISTRIBUTION SYSTEM CONSTRUCTION ASSOCIATED WITH THE NATURAL GAS INTERCONNECT PIPELINE PROJECT. WHEREAS, the City of Clarksville is in the process of designing and ultimately constructing a 12-inch natural gas main through portions of Todd County, Kentucky and Montgomery County, Tennessee; and WHEREAS, the gas main is intended to serve as a redundant natural gas feed to customers within the Clarksville Gas service area and will also present the opportunity to negotiate gas prices between the two competing suppliers; and WHEREAS, the availability of a redundant natural gas feed, as requested by many interested prospects, will aid the Clarksville-Montgomery County Industrial Development Board in industrial recruitment to the area; and WHEREAS, it may not be possible to cost effectively negotiate timely easements and property acquisition with the affected property owners for the required construction activities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That if negotiation efforts are not timely or effective, the City of Clarksville is hereby authorized to exercise the right of eminent domain to obtain necessary easements and property to allow natural gas distribution system construction associated with the Natural Gas Interconnect Pipeline project in the aforementioned area. POSTPONED: February 2, 2017 FIRST READING: SECOND READING: EFFECTIVE DATE:  ORDINANCE 53-2016-17 AN ORDINANCE AMENDING THE 2016-17 SPECIAL REVENUE FUND BUDGET (ORDINANCE 104-2015-16) AUTHORIZING THE CITY OF CLARKSVILLE TO ACCEPT A SAFE ROUTES TO SCHOOLS GRANT OF FEDERAL FUNDS ADMINISTERED BY THE TENNESSEE DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $119,240. WHEREAS, the Safe Routes to School (SRTS) Program was established in August 2005 as part of the federal transportation reauthorization legislation – SAFETEA-LU (Safe, Accountable, Flexible, Efficient, Transportation Equity Act – A Legacy for Users) – providing multi-year funding for the surface transportation programs that guide spending of federal gas tax revenue, and; WHEREAS, Section 1404 of the legislation provided funding for State Departments of Transportation to create and administer SRTS programs with subsection (a) establishing a SRTS program to benefit children in primary and middle schools (K- 8), and; WHEREAS, the City of Clarksville was awarded a 2016 SRTS grant by the Tennessee Department of Transportation to construct sidewalks, signage, and crosswalks to benefit Kenwood Middle School, and; WHEREAS, there is no local match required for these funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the following Special Revenue Fund budget amendments be made: Expenditure: 33410003 4450 ST010 Safe Routes to Schools-Ken Increase: $ 119,240 Revenue: 3341000 33110 ST010 Federal Grant Revenue Increase: $ 119,240 FIRST READING: SECOND READING: EFFECTIVE DATE:  ORDINANCE 54-2016-17 AN ORDINANCE AMENDING THE 2016-2017 GENERAL GOVERNMENT CAPITAL PROJECTS FUND (ORDINANCE 102B-2015-16) AUTHORIZING THE CITY OF CLARKSVILLE TO TRANSFER AVAILABLE FUNDS FROM A SPECIAL REVENUE FUND TO THE CAPITAL PROJECTS FUND FOR LIBERTY PARK PARKING WHEREAS, the Parks Special Revenue fund for events held at Liberty Park have additional funds available; and WHEREAS, the project to be funded from the Parks Special Revenue fund has been completed, and WHEREAS, the Liberty Park parking capital project proposals came in higher than budgeted; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: The capital projects fund, specifically capital project 15501 and the Parks Special Revenue Fund, be modified as follows: Parks Special Revenue Fund: Transfer to Capital Projects Fund 24470003-4910 Increase $8,410 Expenditure 24450004-4730-CHOC Decrease $4,205 Expenditure 24450004-4730-HMADE Decrease $4,205 Capital Projects Fund: Transfer from Other City Funds 4041000-39190 Increase $8,410 Project Expenditure 40450003-4450-15501 Increase $8,410 BE IT FURTHER ORDAINED that the source of funding for the capital project will be from the Special Revenue Fund, no General Fund dollars are necessary. FIRST READING: SECEND READING: EFFECTIVE DATE:  City of Clarksville Natural Gas Utility Rate Study March 30, 2017 City of Clarksville 1  Agenda » Project Overview » Financial Plan » Cost of Service Analysis » Rate Design City of Clarksville 2  Project Overview » Two Goals: − Financial Plan to Ensure Sustainable Natural Gas Utility − Rates that recover costs from users in proportion to use of gas system » Steps: 1. Financial Plan (How much is needed to support the system?) 2. Cost of Service Study (What is each user’s contribution to system costs?) 3. Rate Design (What is the best way to recover customer class costs?) City of Clarksville 3  Financial Plan » Objective: Develop a plan of rate adjustments which maintains the utility’s financial sustainability » Steps: 1. Forecast Revenues: a) Unbundled cost of gas (pass-through) b) Margin Revenues (recovers City system costs) c) Weather normalized usage forecast d) Consideration for system growth 2. Forecast Expenditures a) O&M: Inflationary b) Capital: Existing and future debt plus cash funded capital 3. Determine Rate Adjustment City of Clarksville 4  Key Cost Drivers » Addition of Hankook USA as an industrial customer » Capital Costs − Approximately $37 million (FY 2016 – FY 2021) • Texas Gas Pipeline Interconnect » Capital Financing Plan − Combination of debt and cash reserves » Key Metrics: − Days Cash – Minimum Target (365 day O&M* + PILOT) − Debt Service Coverage Ratio (1.8x target) *Excludes cost of gas. City of Clarksville 5  Financial Plan *Revenues represent margin revenues only, expenses exclude cost of gas City of Clarksville 6  Cost of Service Study » Objective: allocate costs to customer classes in accordance with each classes proportionate use of the gas system » Steps: − Allocate Cost to Cost Drivers: • Commodity • Capacity • Customer • Meters − Allocate Costs to Customer Classes based on: • Annual Usage (commodity) • Load Factors (capacity) City of Clarksville 7  Cost of Service Study: Findings » There is a significant variance between the costs generated by each customer class and the revenues recovered from each customer class. » Costs are being under-recovered from: − Inside City Residential − Inside City Industrial » Costs are being over-recovered from: − Inside City Commercial − Outside City Residential − Outside City Commercial − Outside City Industrial City of Clarksville 8  Rate Design » Objective: − To better align cost of serving each class with the revenues generated by that class − Establish rate structures more in alignment with current industry practice » Steps: − Unbundle rate for distribution service from cost of gas − Eliminate minimum bills with minimum usage and establish a flat monthly customer charge designed to align with fixed costs − Simplify rate structure by removing block rates − Remove seasonal differentials from distribution rates • Better to reflect in cost of gas − Remove inside and outside city differentials − Phase-in adjustments over a three year period City of Clarksville 9  Existing vs. Proposed Rate Structure EXISTING PROPOSED » Bundled Rate » Unbundled Rate » Minimum Bill » Customer Charge (no min.) » Block Rates by Class » Uniform Rate by Class » Seasonal Distinction » No Seasonal Distinction » Inside Outside Differential » No Inside Outside Differential City of Clarksville 10  Challenges with Existing Rate Structure » Overly complex » Combines gas cost into volumetric rate structure − Not as transparent as unbundling » Revenue recovery is too dependent upon sales which are impacted by weather » Revenue recovery is variable but distribution costs are generally fixed » Seasonal rates can send mixed signals to customers regarding actual cost of service » Inside and outside city differentials can work against marketing natural gas service − Natural gas competes directly with other energy sources City of Clarksville 11 City of Clarksville 12  RFC IS A REGISTERED MUNICIPAL ADVISOR WITH THE MSRB AND SEC UNDER THE DODD- FRANK ACT AND IS FULLY QUALIFIED AND CAPABLE OF PROVIDING ADVICE RELATED TO ALL ASPECTS OF UTILITY FINANCIAL AND CAPITAL PLANNING, INCLUDING THE SIZE, TIMING, AND TERMS OF FUTURE DEBT ISSUES. Any opinion, information, or recommendation included in this presentation, related to the size, timing, and terms of a future debt issue may be relied upon only for its intended purpose. This information is not intended as a recommendation to undertake a specific course of action related to the issuance of debt, or to indicate that a particular set of assumptions for the size, timing and terms of issuing debt will be available at the time debt is actually issued. City of Clarksville 13  ORDINANCE 55-2016-17 AN ORDINANCE AUTHORIZING EXTENSION OF CITY OF CLARKSVILLE UTILITY SERVICES OUTSIDE THE CLARKSVILLE CITY LIMITS; REQUEST OF PROPERTY OWNERS MILLER, KING, AND RUDOLPH FOR PROPERTY LOCATED AT 401 MILLER ROAD WHEREAS, proper application has been made by Cal McKay on behalf of property owners Miller, King, and Rudolph for extensions of City utility service to property located at Cmap 088, Parcel 106.00 with the property address of 401 Miller 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 088, Parcel 106.00 with the property address of 401 Miller 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: SECOND READING: EFFECTIVE DATE EXHIBIT A  ORDINANCE 56-2016-17 AN ORDINANCE AMENDING THE 2016-17 CAPITAL PROJECTS FUND BUDGET (ORDINANCE 102B-2015-16) AND THE 2016-17 GENERAL FUND BUDGET (ORDINANCE 104-2015-16)AUTHORIZING THE CITY OF CLARKSVILLE TO ADD A CAPITAL PROJECT IN THE AMOUNT OF $1,056,646 WITH GENERAL GOVERNMENT FUNDING IN THE AMOUNT OF $132,081 AND ACCEPTANCE OF FEDERAL AND STATE GRANTS IN THE AMOUNT OF $924,565 WHEREAS, the City of Clarksville applied for and has been awarded $924,565 in grant funds from the Federal Emergency Management Agency (hereinafter, “FEMA”) Hazard Mitigation Grant Program that requires a local match of $132,081; and WHEREAS, the Clarksville City Council finds that the property at 3051 Fort Campbell Blvd. 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 3051 Fort Campbell Blvd. for the purpose of flood hazard mitigation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: Creation of Capital project number 17102 Hazard Mitigation (Embassy) The following Capital Projects Fund and General Fund budget amendments be made: Capital Projects Fund Expenditure: 40410004 4710 17102 FEMA Flood Buyout (land) Increase: $1,025,646 40410003 4450 17102 FEMA Flood Buyout (demolition) Increase: $ 31,000 Revenue: 4041000 33130 17102 FEMA Flood Buyout (federal) Increase: $792,485 4041000 33430 17102 FEMA Flood Buyout (state) Increase: $ 132,080 4041000 39150 Transfer in from General Fund Increase: $ 132,081 General Fund Expenditure: 10470003 4914 Transfer out to Capital Projects Fund Increase: $ 132,081 BE IT FURTHER ORDAINED That the General Fund transfer out will come from the fund balance of the General Fund, and; 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 3051 Fort Campbell Blvd., further identified as Map and Parcel 005L-A-008.00 and 005L-A-008.01 , according to the Assessor’s Office for Montgomery County, Tennessee, not to exceed One Million Twenty-Three Thousand Seven Hundred Ninety-Six and 00/100 Dollars ($1,023,796), plus reasonable acquisition costs. FIRST READING: SECOND READING: THIRD READING: