City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION APRIL 6, 2017 MINUTES PUBLIC COMMENTS Prior to the meeting, Louis Marshall inquired whether Mayor McMillan would be making future visits to African American communities and asked if violations of the anti­noise ordinance applied to Austin Peay State University as well as to individuals. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, April 6, 2017, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Steve Kirby, Hilldale Church of Christ, guest of Councilman Burkhart (Ward 12); the Pledge of Allegiance was led by Mayor Kim McMillan. ATTENDANCE PRESENT: Richard Garrett (Ward 1), Deanna McLaughlin (Ward 2), Ron Erb (Ward 3), Valerie Guzman, Mayor Pro Tem (Ward 5), Wanda Smith (Ward 6), Geno Grubbs (Ward 7), David Allen (Ward 8), Jeff Henley (Ward 9), Mike Alexander (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) ABSENT: Tim Chandler (Ward 4; Excused) SPECIAL RECOGNITIONS There were no special recognitions. PLANNING COMMISSION: 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 57­2016­17 (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 R­2 Single Family Residential District to C­1 Neighborhood Commercial District Rod Schrom said the property in question was located only on Tiny Town Road and not on Tobacco Road, referring to the caption of the ordinance, not to the actual legal description. He said Mrs. Jenkins planned to construct a retail building to house her hair salon as well as other commercial activities. Gavin Alton opposed the change stating that the intersection was already highly traveled and said the property was located adjacent to a residential area. Mr. Alton noted the retaining wall constructed by the applicant was unsightly and caused water retention on the residential side. Mesha Paul said the new business would create additional traffic, nighttime light, and noise, and there were no sidewalks. During rebuttal, Mr. Schrom offered to remove the retaining wall, then personally attached Councilman Garrett, Councilwoman McLaughlin, and Councilman Grubbs. Evette Bordeaux also spoke in rebuttal stating there were existing salons located along the main streets in the immediate area as well as some operating as home occupations. ORDINANCE 58­2016­17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mark Stephen Bullock, et ux, Brian Bryant­Agent, for zone change on property located at the intersection of Hawkins Road and East Johnson Circle for zone change from R­1 Single Family Residential District to R­2D Two Family Residential District Brian Bryant said the applicant planned to build a duplex if the zoning request was approved. Jason Monet felt a multi­family complex would de­value the existing single family homes. ORDINANCE 59­2016­17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Grace Bible Church, Mid State Investments­Agent, for zone change on property located at the intersection of Peachers Mill Road and Pine Mountain Road from R­1 Single Family Residential District and R­2 Single Family Residential District to R­4 Multiple Family Residential District  Sid Hedrick, speaking on behalf of the applicant, said a traffic study showed the proposed zoning would not change current volume of traffic and noted that area schools were not at capacity. He said the congregation wanted to rezone and sell this property because it was struggling financially due to its transient military membership. Jose (inaudible) felt adequate notice of this request was not given to residents of the area. 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 was for disapproval of ORDINANCE 57­2016­17; the recommendation of the Regional Planning Commission was for approval. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Burkhart expressed his displeasure for the attacks on councilmembers by the applicant’s spokesperson. Councilman Garrett asked for visitors in the audience who opposed this change to stand to be recognized. Councilman Alexander expressed support for the Regional Planning Commission’s recommendation of disapproval. The following vote was recorded: NAY: Alexander, Allen, Burkhart, Ereb, Garrett, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The motion to adopt this ordinance on first reading failed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 58­2016­17. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Garrett. Councilman Garrett said he had received calls opposing this change. The following vote was recorded: AYE: Burkhart, Garrett, Guzman, Henley, Powers NAY: Alexander, Allen, Erb, Grubbs, McLaughlin, Smith The motion to adopt this ordinance on first reading failed. The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 59­2016­17. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Garrett supported the change because of the school statistics.  Councilwoman McLaughlin was concerned about increased traffic and the proximity to existing single family homes. Councilman Allen said the notification process should be reviewed. Councilman Burkhart opposed a single family development as an alternative because of traffic, but supported the multi­family infill effort. The following vote was recorded: AYE: Burkhart, Erb, Garrett, Henley, Powers NAY: Alexander, Allen, Grubbs, Guzman, McLaughlin, Smith The motion to adopt this ordinance on first reading failed. CONSENT AGENDA All items in this portion of the agenda are considered to be routine and non­controversial 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 48­2016­17 (Second Reading) Amending the FY17 Fire & Rescue budget for CAD Implementation 2. ORDINANCE 49­2016­17 (Second Reading) Amending the Official Code to installation and maintenance of excess flow valves 3. ORDINANCE 50­2016­17 (Second Reading) Authorizing extension of utilities to Poplar Hills Subdivision; request of Fulton Wilson 4. ORDINANCE 51­2016­17 (Second Reading) Amending the Zoning Ordinance and map of the City of Clarksville, application of Annette Shrader, Jason Daugherty­Agent, for zone change on property located at the intersection of Business Park Drive and Corporate Drive from M­1 Light Industrial District to C­5 Highway & Arterial Commercial District 5. ORDINANCE 52­2016­17 (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 RM­1 Single Family Mobile Home Residential District to R­4 Multiple Family Residential District 6. Adoption of Minutes: March 2, 2017  7. Approval of Board Appointments: Adult Oriented Establishment Board: Mike Biggs, Geno Grubbs, Raby Nance – January 2017 through December 2020 Arts & Heritage Dev. Council: Kathy Lee Heuston – April 2017 through June 2018 Beer Board: Jerry Greenwell – April 2017 through March 2019 Tree Board: Councilman Ron Erb – Coterminous Councilman Burkhart made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councilman Garrett. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt the Consent Agenda as presented passed. FINANCE COMMITTEE Jeff Burkhart, Chair ORDINANCE 44­2016­17 (First Reading; Postponed February 2nd) Authorizing exercise of right of eminent domain to obtain easements for the Natural Gas Interconnect Pipeline Councilman Burkhart made a request to consider this ordinance after action was taken on ORDINANCE 38­2016­17 during the Gas & Water Committee report; there was no objection. ORDINANCE 53­2016­17 (First Reading) Amending the FY17 Special Revenue Fund Budget to accept a Safe Routes To Schools grant from the Tennessee Department of Transportation The recommendation of the Finance Committee was for approval of this ordinance. Councilman Burkhart 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, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed.  ORDINANCE 54­2016­17 (First Reading) Amending the FY17 Capital Projects Budget to transfer funds for Liberty Park parking The recommendation of the Finance Committee was for approval of this ordinance. Councilman Burkhart 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, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. GAS & WATER COMMITTEE Bill Powers, Chair ORDINANCE 38­2016­17 (First Reading; Postponed March 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 Councilwoman McLaughlin. Councilman Powers made a motion to postpone action on this ordinance indefinitely to allow additional time for evaluation of the proposed rate structure. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to postpone indefinitely passed. ORDINANCE 44­2016­17 (First Reading; Postponed February 2nd) Authorizing exercise of right of eminent domain to obtain easements for the Natural Gas Interconnect Pipeline The recommendations of the Finance Committee and Gas & Water Committee were for approval. Councilman Powers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Mayor McMillan made a motion to postpone action indefinitely because a new rate structure approved by future adoption of ORDINANCE 38­2016­17 would affect this ordinance as well. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith  The motion to postpone indefinitely passed. ORDINANCE 55­2016­17 (First Reading) Authorizing extension of utilities to 401 Miller Road; request of Miller, King & Rudolph There was no recommendation from the Gas & Water Committee. Councilman Powers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Grubbs. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said the City of Clarksville received an Emergency Solutions Grant in the amount of $150,000 for program operation plus $11,250 for administration. Councilman Allen invited all members to a Tennessee Housing Development Association event on April 7th regarding local home ownership needs. PARKS COMMITTEE (Parks, Recreation, General Services) Valerie Guzman, Chair Councilwoman Guzman noted upcoming events including Toddlers’ Splash, Indian Artifacts, Wettest Egg Hunt, and a Morning with the Easter Bunny. PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes Construction Division ­ 1,956 inspections, Building & Codes Enforcement Division ­ 267 cases, Building & Codes Administration ­ 50 single family permits, Building & Codes Abatement Division ­ 23 work orders; Fire & Rescue ­ 1,973 emergency runs; Police ­ 12,945 dispatched calls. STREETS & GARAGE COMMITTEE Mike Alexander, Chair Councilman Alexander shared the following monthly department statistics: Streets ­ 289 work orders; Garage ­ 407 work orders with unleaded fuel at a cost of $1.78 gallon and diesel fuel at a cost of $1.68 per gallon. TRANSPORTATION COMMITTEE Deanna McLaughlin, Chair Councilwoman McLaughlin shared the following monthly department statistics: Clarksville Transit System ­ 62,879 passengers in March, Clarksville­Nashville Commuter ­ 5,779 passengers in February and 6,392 passengers in March NEW BUSINESS ORDINANCE 56­2016­17 (First Reading) Amending the FY17 Capital Projects Budget and the General Fund Budget for hazard mitigation for Embassy House Furniture property Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Alexander. Councilwoman Guzman requested information from Laurie Matta, Chief Financial Officer; there was no objection. Ms. Matta said the property had been deemed hazardous and unsuitable for public use by FEMA and demolition of the existing building would improve drainage for approximately 220 surrounding properties. There was no objection to reverting to regular session. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. ORDINANCE 60­2016­17 (First Reading) Authorizing purchase of property between Kraft Street and Red River for extension of the Red River Trail/Clarksville Greenway ORDINANCE 62­2016­17 (First Reading) Authorizing purchase of property between Kraft Street and Red River for a trail head for the Red River Trail/Clarksville Greenway These ordinances were not presented to the City Council during the March 30th Executive Session. Mayor McMillan made a motion to consider ORDINANCE 60­2016­17 on first reading. The motion was seconded by Councilman Garrett. Councilwoman McLaughlin made a motion to consider both ORDINANCE 60­2016­17 and ORDINANCE 62­2016­17. The motion was seconded by Councilman Alexander. A voice vote was taken; the motion to consider both  ordinances passed without objection. Mayor McMillan made a motion to adopt ORDINANCE 60­2016­17 and ORDINANCE 62­2016­17 on first reading. The motion was seconded by Councilman Alexander. The Following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt ORDINANCE 60­2016­17 and ORDINANCE 62­2016­17 on first reading passed. ORDINANCE 61­2016­17 (First Reading) Authorizing purchase of property on Walnut Street for a sidewalk to access bus stop shelters on Fort Campbell Boulevard This ordinance was not presented to the City Council during the March 30th Executive Session. Mayor McMillan made a motion to consider this ordinance on first on first reading. The motion was seconded by Councilwoman McLaughlin. A voice vote was taken; the motion to consider passed. Mayor McMillan made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Mayor McMillan said acquisition of 70 additional feet was necessary to complete the multi­modal sidewalk project. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, McLaughlin, Powers, Smith ABSTAIN: Henley The motion to adopt this ordinance on first reading passed. RESOLUTION 29­2016­17 Authorizing right of entry for the Tennessee Department of Transportation for improvements along Highway 48/13 This resolution was not presented to the City Council during the March 30th Executive Session. Mayor McMillan made a motion to consider this resolution. The motion was seconded by Councilman Garrett. A voice vote was taken; the motion passed without objection. Mayor McMillan made a motion to adopt this resolution. The motion was seconded by Councilwoman McLaughlin. Mayor McMillan said the Tennessee Department of Transportation would install a new sewer lift station as part of the Highway 48/13 improvements. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith  The motion to adopt this resolution passed. MAYOR AND STAFF REPORTS There were no mayor or staff reports. ADJOURNMENT The meeting was adjourned at 8:19 p.m.