City Council
Regular MeetingClarksville, TN · September 7, 2017
Minutes
CLARKSVILLE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 7, 2017
COUNCIL CHAMBERS
106 PUBLIC SQUARE
CLARKSVILLE, TENNESSEE
MINUTES
PUBLIC COMMENTS
Prior to the meeting, Steve Singleton invited council members and the public to several
events during the Welcome Home Veterans celebration including the battleship museum
docked at McGregor Park during the annual Riverfest arts festival, Vietnam Traveling
Memorial Wall at Beachaven Winery, Operation Stand Down for Veterans support and
resources, and a memorial service at First Baptist Church.
Darla Knight, owner of Yada Yada Yada Deli on Strawberry Allen, expressed support for
the Two Rivers Company and its executive director, Norman Quirion.
Lewis Marshall said indigent individuals continue to be fined by Montgomery County
Court and the NAACP is not making purposeful efforts in the community.
CALL TO ORDER
The regular session of the Clarksville City Council was called to order by Mayor Kim
McMillan on Thursday, September 7, 2017, at 7:05 p.m. in City Council Chambers, 106
Public Square, Clarksville, Tennessee.
A prayer was offered by Councilman Tim Chandler, Ward 4; the Pledge of Allegiance
was led by Councilman David Allen, Ward 8.
ATTENDANCE:
PRESENT: Richard Garrett (Ward 1), Deanna McLaughlin (Ward 2), Ron Erb (Ward 3),
Tim Chandler (Ward 4), Valerie Guzman, Mayor Pro Team (Ward 5), 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: Wanda Smith (Ward 6; excused)
SPECIAL RECOGNITIONS
Mayor McMillan presented a Certificate of Appreciation to 8-year old Keona Johnson
who helped save the lives of her grandmother and younger sister during a house fire on
Bradley Street on August 13th.
Mayor McMillan welcomed Mayor Kim Yoon-Joo and some members of the City
Council and citizens of Gunpo City, South Korea, Clarksville’s Sister City.
PUBLIC HEARING
Councilman Grubbs made a motion to conduct a public hearing to hear comments
regarding requests for zone change. The motion was seconded by Councilwoman
McLaughlin. There was no objection.
ORDINANCE 14-2017-18 (First Reading) Amending the Zoning Ordinance and Map
of the City of Clarksville, application of Thomas Development, Scott Thomas-Agent, for
zone change on property east of the intersection of Golf Club Lane and Old Ashland City
Road from R-3 Two & Three Family Residential District to M-1 Light Industrial District
Scott Thomas said the change would be an extension of the existing Thomas
Lumber Company footprint and offered to answer questions. No one expressed
opposition.
ORDINANCE 15-2017-18 (First Reading) Amending the Zoning Ordinance and Map
of the City of Clarksville, application of Rosemary Page, Wayne Wilkinson-Agent, for
zone change on property east of the intersection of Madison Street and Country Lane
from R-1 Single Family Residential District to R-4 Multiple Family Residential District,
O-1 Office District, C-5 Highway & Arterial Commercial District, and C-2 General
Commercial District
Wayne Wilkinson noted the votes of approval by the Regional Planning
Commission and offered to answer questions. No one expressed opposition.
ORDINANCE 16-2017-18 (First Reading) Amending the Zoning Ordinance and Map
of the City of Clarksville, application of Leo Millan for zone change on property at the
intersection of Riverside Drive and North Second Street from C-2 General Commercial
District to C-5 Highway & Arterial Commercial District
Josh Ward, Millan Enterprises, mentioned Mr. Millan’s notable contributions to
the community and said this proposed change would bring viability to the area.
Representative Joe Pitts said this change would allow an investment in an
under-performing property that would be a positive improvement in the area. No
one expressed opposition.
ORDINANCE 17-2017-18 (First Reading) Amending the Zoning Ordinance and Map
of the City of Clarksville, application of Mack Phillips for zone change on property west
of the intersection of Tylertown Road and Trenton Road from R-4 Multiple Family
Residential District to C-4 Highway Interchange District
No one expressed support for or 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.
ZONING
The recommendation of the Regional Planning Staff was for disapproval of
ORDINANCE 14-2017-18; 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 Grubbs and
Councilman Burkhart expressed support for this change. The following vote was
recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman,
Henley, McLaughlin, Powers
The motion to adopt this ordinance on first reading passed.
The recommendations of the Regional Planning Staff and Commission were for approval
of ORDINANCE 15-2017-18. 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: Alexander, Allen, Burkhart, Candler, Erb, Garrett, Grubbs, Guzman,
Henley, McLaughlin, Powers
The motion to adopt this ordinance on first reading passed.
The recommendations of the Regional Planning Staff and Commission were for
disapproval of ORDINANCE 16-2017-18. Councilman Grubbs made a motion to adopt
this ordinance on first reading. The motion was seconded by Councilman Powers.
Councilman Allen expressed appreciation for the investment and said an auto sales
operation would generate less traffic than other proposed uses. Councilman Garrett felt
this business would compliment the existing operations on adjacent properties.
Councilman Chandler was concerned about traffic congestion, but decided to support the
change following discussion. Councilman Powers felt the development would improve
the area. Councilman Burkhart thought the proposed use was appropriate for the
property. The following vote was recorded:
AYE: Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Powers
NAY: Alexander, Grubbs, McLaughlin
The motion to adopt this ordinance on first reading passed.
The recommendations of the Regional Planning Staff and Commission were for approval
of ORDINANCE 17-2017-18. 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, Chandler, Erb, Garrett, Grubbs, Guzman,
Henley, McLaughlin, Powers
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 2-2017-18 (Second Reading) Authorizing extension of utility
services to property on Garrettsburg Road; request of Margaret Armistead
2. ORDINANCE 3-2017-18 (Second Reading) Authorizing negotiations and
purchase of property near Inglewood Drive and Cherokee Trail for the purpose of a city
park [Urban Wilderness]
3. ORDINANCE 4-2017-18 (Second Reading) Amending the Zoning Ordinance
and Map of the City of Clarksville, application of J. Mark Young, Wayne P.
Wilkinson-Agent, for zone change on property at the intersection of Madison Street and
Carney Road from R-1 Single Family Residential District to C-5 Highway & Arterial
Commercial District
4. ORDINANCE 5-2017-18 (Second Reading) Amending the Zoning Ordinance
and Map of the City of Clarksville, application of Carolyn York, C&E Partners-Agent,
for zone change on property at the intersection of Old Trenton Road and Whitfield Road
from AG Agricultural District to R-2 Single Family Residential District
5. Adoption of Minutes: August 3rd
6. Approval of Board Appointments:
Design Review Board: Mark Brunner - September 2017 through December 2019;
Marcia Williams - September 2017 through October 2022
Human Relations Commission: Ron Erb - September 2017 through July 2019
Regional Historic Zoning Commission: Marcia Williams - September 2017
through October 2022
Councilman Burkhart made a motion to adopt the Consent Agenda as presented. The
motion was seconded by Councilwoman McLaughlin. The following vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman,
Henley, McLaughlin, Powers
The motion to adopt the Consent Agenda as presented passed.
FINANCE COMMITTEE
Jeff Burkhart, Chair
ORDINANCE 6-2017-17 Amending the FY18 Street Department budget to increase
funding for a vehicle ordered during FY17
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 Councilwoman McLaughlin. The following vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to adopt this ordinance on first reading passed.
ORDINANCE 7-2017-18 Amending the FY18 Governmental Funds Budget for
purchase of property for expanding the City Garage
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 Alexander. The following vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to adopt this ordinance on first reading passed.
ORDINANCE 8-2017-18 Amending the Capital Projects Fund to increase the scope of
work for expansion of the Senior Citizens Center
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 Powers. The following vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to adopt this ordinance on first reading passed.
ORDINANCE 10-2017-17 Authorizing donation of real property in Woodstock
Subdivision to Wayne and Donna Ridenhour
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 Alexander. The following vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to adopt this ordinance on first reading passed.
ORDINANCE 11-2017-18 Authorizing disposal of certain surplus property at Lark
Drive at public auction
The recommendation of the Finance Committee was for approval. Councilman
Burkhart made a motion to adopt his ordinance on first reading. The motion was
seconded by Councilman Powers. The following vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to adopt this ordinance on first reading passed.
RESOLUTION 8-2017-18 Authorizing an interlocal agreement between the City of
Clarksville and Montgomery County pertaining to division, allocation, and administration
of 2017 Byrne Justice Assistance Grant funds (Finance Committee: Approval)
The recommendation of the Finance Committee was for approval. Councilman
Burkhart made a motion to adopt this resolution. The motion was seconded by
Councilman Henley. The following vote was taken:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to adopt this resolution passed.
RESOLUTION 9-2017-17 Adopting the amended Debt Management Policy as
required by the State of Tennessee
The recommendation of the Finance Committee was for approval. Councilman
Burkhart made a motion to adopt this resolution. The motion wa seconded by
Councilman Allen. The following vote was taken:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to adopt this resolution passed,
RESOLUTION 10-2017-18 Authorizing issuance and sale of electric system revenue
refunding bonds in an amount not to exceed $29,000,000 (Finance Committee:
Approval)
The recommendation of the Finance Committee was for approval. The motion
was seconded by Councilman Powers. The following vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to adopt this resolution passed.
GAS & WATER COMMITTEE
Bill Powers, Chair
Councilman Powers shared the following July department statistics: Service Department
- 4,798 work orders, 285 after-hours calls; 95,000 meters read; 11,000 call center calls;
69,459 billings and notices; 3,006 locate requests; 40 water leak repairs; flushed 518
hydrants; 589 backflow device checks; responded to 3 sewer overflow incidents; Gas
Department - installed 21 new gas services; Sewer Department - treated 313 million
gallons of sewage.
HOUSING & COMMUNITY DEVELOPMENT COMMITTEE
David Allen, Chair
Councilman Allen noted seven new projects totaling $489,801.50
PARKS & RECREATION
Valerie Guzman, Chair
Councilwoman Guzman expressed appreciation to the department for quick cleaning of
area parks affected by recent flooding caused by remnants of Hurricane Harvey that came
from the southern Midwest. She invited the public to the annual RiverFest Art Festival at
McGregor Park September 7-9.
PUBLIC SAFETY COMMITTEE
(Building & Codes, Fire & Rescue, Police)
Geno Grubbs, Chair
Councilman Grubbs shared the following department statistics: Building & Codes
Construction Division - 2,044 inspections; Building & Codes Enforcement Division - 363
cases; Building & Codes Administration - 89 single family permits - Building & Codes
Abatement Division - 49 work orders; Police - 13,207 responses; Fire & Rescue - 1,139
emergency calls.
STREETS & GARAGE COMMITTEE
Mike Alexander, Chair
Councilman Alexander shared the following department statistics: Streets - 239 work
orders; Garage 412 work orders with unleaded fuel at a cost of $1.98 and diesel fuel at a
cost of $1.78.
Councilman Alexander reported paving of several streets and announced the Anderson
Drive sidewalk project was complete.
Mayor McMillan thanked the Street Department staff for quickly addressing the food
issues following recent rains.
TRANSPORTATION COMMITTEE
Deanna McLaughlin, Chair
Councilwoman McLaughlin reported 61,625 passengers transported by Clarksville
Transit System during the month of August and announced the following CTS employees
who placed in the CTS Annual Bus Road-eo: Harvill Martin - Bus Division 1st, Troy
Stuve- Bus Division 2nd, Steven Hester - Van Division 1st, Delwin Guess - Van Division
2nd. All four employees will represent the City of Clarksville in the upcoming State Bus
Road-eo.
NEW BUSINESS
ORDINANCE 12-2017-18 (First Reading) Amending the Official Code relative to
application fee for public designation
Councilman Chandler made a motion to adopt this ordinance on first reading.
The motion was seconded by Councilwoman Guzman. Councilman Chandler
made a motion to adopt new language relative to refund of a portion of the
application fee. The motion was seconded by Councilman Garrett. Following
discussion, Councilwoman McLaughlin made a motion to postpone action to the
next regular session to determine the cost of installation of multiple signs. The
motion was seconded by Councilman Burkhart. The following vote was
recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, Powers
The motion to postpone action on this ordinance to the next regular session
passed.
ORDINANCE 13-2017-18 (First Reading; proposed amendment) Amending the
Official Code to repeal the designation of the Two Rivers Company as the District
Management Corporation
Councilman Chandler made a motion to adopt this ordinance on first reading.
The motion was seconded by Councilman Grubbs. Councilman Chandler said he
performed his own research based upon the recent opinion of Chief Financial
Officer Laurie Matta. He said this change would allow the TRC to operate as a
non-profit organization and not under local government regulations.
Councilwoman McLaughlin said she would not participate in discussion or vote
on this ordinance because she was an employee of the TRC, but did state she felt
the mayor should refrain from voting since she is a member of the TRC Board of
Directors. Councilwoman Guzman said the TRC needs the energy of Director
Norman Quirion. Councilman Allen said the accounting issues should be
addressed and expressed for support for the TRC as a District Management
Corporation. Councilman Erb felt the TRC’s authority to assess property should
be re-evaluated. Councilman Alexander did not support the change to remove the
district management designation. Councilman Henley said the Finance
Department should assist the TRC in accounting as a joint venture.
In response to Councilman Allen’s question, City Attorney Lance Baker said
Councilwoman McLaughlin may be allowed to abstain from voting on future
legislation relative to the City’s funding of the TRC. Councilman Powers
opposed the repeal of the designation and felt Mr. Quirion and Mrs. McLaughlin
would benefit the TRC, and said the TRC should be self-sufficient. Councilman
Burkhart said he had been involved with the TRC in various downtown
developments and made a motion to postpone action to allow time for additional
research. The motion was seconded by Councilman Allen. The following vote
was recorded:
AYE: Allen, Burkhart, Grubbs, Guzman
NAY: Alexander, Chandler, Erb, Garrett, Henley, Powers
ABSTAIN: McLaughlin
The motion to postpone failed. Councilman Alexander called for the question.
The question was seconded by Councilman Garrett. The following vote was
recorded:
AYE: Alexander, Erb, Garrett, Henley
NAY: Allen, Burkhart, Chandler, Grubbs, Guzman, Powers
The motion to cease discussion failed. Mayor McMillan said as a board member
she should do what is in the best interest of all. She said this was not a vote to
“do away” with the TRC or to hamper its efforts. She felt the TRC had been
hampered doing business as a district management corporation and it should be a
non-profit agency, and said the current designation may require the TRC assess
property and not operate on taxpayer dollars. Councilman Allen called for the
question. The question was seconded by Councilman Alexander. The following
vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, Powers
ABSTAIN: McLaughlin
The motion to cease discussion passed. The following vote on the original
motion was recorded:
AYE: Chandler, Grubbs, Guzman
NAY: Alexander, Allen, Erb, Garrett, Henley, Powers
ABSTAIN: Burkhart, McLaughlin
The motion to adopt this ordinance on first reading failed.
RESOLUTION 7-2017-18 (Postponed August 3rd; proposed amendment) Approving
donation of city-owned real property to Two Rivers Company
Councilman Allen asked for this resolution to be withdrawn; there was no
objection.
RESOLUTION 11-2017-18 Authorizing right of entry and construction permit for the
Tennessee Valley Authority onto certain city-owned property [Franklin Street & Arrow
Lane]
Mayor McMillan made a motion to adopt this resolution. The motion was
seconded by Councilman Burkhart. The following vote was recorded:
AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs,
Guzman, Henley, McLaughlin, McMillan, Powers
The motion to adopt this resolution passed.
MAYOR AND STAFF REPORTS
Councilman Allen asked for prayers on behalf of Councilwoman Wanda Smith and her
family following the recent passing of her mother.
Street Engineer Jack Frazier said recent flooding on Powell Road properties may have
been associated with new development. Mr. Frazier said the department advised the
contractor of additional drainage requirements.
Mayor McMillan reported she had just returned from Washington, DC where she testified
before the Federal Trade Commission in support of LG Electronics who was in the midst
of investing $250 million and 600 jobs in the local community.
ADJOURNMENT
The meeting was adjourned at 9:05.
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