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City Council

Regular Meeting

Clarksville, TN · November 2, 2017

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Minutes

​​ CLARKSVILLE​ ​CITY​ ​COUNCIL REGULAR​ ​SESSION NOVEMBER​ ​2,​ ​2017 MINUTES PUBLIC​ ​COMMENTS Prior to the meeting, Louis Marshall accused the City of malicious arrest and said he was being forced to pay unnecessary bonds. Mr. Marshall asked Mayor McMillan to meet with​ ​members​ ​of​ ​the​ ​black​ ​community​ ​to​ ​discuss​ ​various​ ​issues. CALL​ ​TO​ ​ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, November 2, 2017, at 7:00 p.m. in City Council Chambers, 106 Public​ ​Square,​ ​Clarksville,​ ​Tennessee. A prayer was offered by Pastor Kathy Walker, New Jerusalem Five Fold Ministry, guest of Councilwoman Wanda Smith (Ward 6); the Pledge of Allegiance was led by Councilwoman​ ​Smith. ATTENDANCE PRESENT: Richard Garrett (Ward 1;arrived 7:09 p.m.), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman, Mayor Pro Team (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:​ ​Deanna​ ​McLaughlin​ ​(Ward​ ​2;​ ​excused) ​ ​SPECIAL​ ​RECOGNITIONS There​ ​were​ ​no​ ​special​ ​recognitions. PUBLIC​ ​HEARING Councilman Grubbs made a motion to conduct a public hearing to receive comments regarding requests for zone change. The motion was seconded by Councilman Alexander.​ ​ ​There​ ​was​ ​no​ ​objection. ORDINANCE 26-2017-18 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of MKP Partnership, Wayne Wilkinson-Agent, for zone change on property north of Dover Road, east of Magnolia Drive, west of Rosehill Drive, and south of Zinnia Drive from R-1 Single Family Residential District to C-5 Highway​ ​&​ ​Arterial​ ​Commercial​ ​District Wayne Wilkinson asked for support of this change and offered to answer questions. Stella McKnight was concerned that issues may arise regarding a nearby civil war cemetery and said the property was a nesting area for owls. Ms. McKnight​ ​also​ ​said​ ​traffic​ ​and​ ​crime​ ​could​ ​become​ ​a​ ​problem. ORDINANCE 27-2017-18 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mildred Johnson, Keith D. Lampkin-Agent, for zone change on property at the intersection of Woodland Street and Greenwood Avenue from​ ​C-1​ ​Neighborhood​ ​Commercial​ ​District​ ​to​ ​R-3​ ​Three​ ​Family​ ​Residential​ ​District No​ ​one​ ​expressed​ ​support​ ​for​ ​or​ ​against​ ​this​ ​request. ORDINANCE 28-2017-18 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Clarksville CC Group, LLC, John Hadley-Agent, for zone change on property west of Fairway Drive, north of Memorial Drive, and east of Georgetown​ ​Road​ ​from​ ​E-1​ ​Estate​ ​District​ ​to​ ​R-4​ ​Multiple​ ​Family​ ​Residential​ ​District John Hadley asked for support of this change and offered to answer questions. No​ ​one​ ​expressed​ ​opposition. Councilman Grubbs made a motion to revert to regular session. The motion was seconded​ ​by​ ​Councilman​ ​Alexander.​ ​ ​There​ ​was​ ​no​ ​objection. ZONING The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 26-2017-18​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Chandler said though he previously disagreed with this change, he decided to support the rezoning. No one objected to Councilman Alexander’s request for input from Regional Planning Commission Director Dave Ripple. Dr. Ripple said a buffer and landscaping would be required for this development along adjacent residential properties and owners would be notified of the public site review. He noted that changes in any burial site must be avoided. In response to Councilwoman Smith’s question, Dr. Ripple said the developer could not be required to install sidewalks along Dover Road. There was​ ​no​ ​objection​ ​to​ ​reverting​ ​to​ ​regular​ ​session.​ ​ ​The​ ​following​ ​vote​ ​was​ ​recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley,​ ​Powers NAY: 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 27-2017-18​. 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,​ ​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 28-2017-18​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Alexander. Councilman Burkhart disclosed that he is part owner of the organization and would abstain​ ​from​ ​voting.​ ​ ​The​ ​following​ ​vote​ ​was​ ​recorded: AYE: Alexander, Allen, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, Powers,​ ​Smith ABSTAIN:​ ​ ​Burkhart The​ ​motion​ ​to​ ​adopt​ ​this​ ​ordinance​ ​on​ ​first​ ​reading​ ​passed. 6)​ ​ ​CONSENT​ ​AGENDA All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that​ ​an​ ​item​ ​be​ ​removed​ ​for​ ​separate​ ​consideration​ ​under​ ​the​ ​appropriate​ ​committee​ ​report: 1. ORDINANCE 9-2017-18 (Second Reading) Amending the Official Code relative​ ​to​ ​retiree​ ​health​ ​benefits 2. ORDINANCE 18-2017-18 (Second Reading) ​Authorizing grant of transmission line​ ​easements​ ​to​ ​Tennessee​ ​Valley​ ​Authority​ ​ ​[Franklin​ ​Street​ ​&​ ​Arrow​ ​Lane] 3. ORDINANCE 19-2017-18 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Robert E. White, Jason Daugherty-Agent, for zone change on property at the intersection of Whitfield Road and Needmore​ ​Road​ ​from​ ​AG​ ​Agricultural​ ​District​ ​to​ ​C-2​ ​General​ ​Commercial​ ​District 4. ORDINANCE 20-2017-18 (Second Reading) Amending the FY17 Capital Projects​ ​budget​ ​to​ ​add​ ​funding​ ​to​ ​acquire​ ​and​ ​demolish​ ​the​ ​Embassy​ ​House​ ​property 5. Adoption​ ​of​ ​Minutes:​ ​ ​October​ ​5th 6. Approval​ ​of​ ​Board​ ​Appointments: Human​ ​Relations​ ​Commission:​ ​ ​JoAnn​ ​Latz​ ​-​ ​July​ ​2017​ ​through​ ​June​ ​2020 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, Chandler, Erb, Garrett, Grubbs, Guzman, Henley,​ ​Powers,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​the​ ​Consent​ ​Agenda​ ​as​ ​presented​ ​passed. FINANCE​ ​COMMITTEE Jeff​ ​Burkhart,​ ​Chair ORDINANCE 21-2017-18 ​Amending the 2017-18 Operating and Capital Budget for the Parking Commission for engineering and building repairs and maintenance for the Cumberland​ ​Garage Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman Guzman. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman,​ ​Henley,​ ​Powers,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​this​ ​ordinance​ ​on​ ​first​ ​reading​ ​passed. ORDINANCE 22-2017-18 Amending the 2017-18 Operating and Capital Budget for Liberty​ ​Park​ ​remediation​ ​[Freedom​ ​Point] 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,​ ​Powers,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​this​ ​ordinance​ ​on​ ​first​ ​reading​ ​passed. ORDINANCE 23-2017-18 ​Amending the 2017-18 Operating and Capital Budget for a grant​ ​and​ ​matching​ ​funds​ ​for​ ​police​ ​body​ ​worn​ ​cameras 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,​ ​Powers,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​this​ ​ordinance​ ​on​ ​first​ ​reading​ ​passed. ORDINANCE 24-2017-18 ​Approving a PILOT program for Clarksville Housing Authority​ ​(South​ ​Central​ ​Village) Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman Guzman. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman,​ ​Henley,​ ​Powers,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​this​ ​ordinance​ ​on​ ​first​ ​reading​ ​passed. ORDINANCE 25-2017-18 Accepting donation of property from the Estate of Spencer Pickering​ ​Johnson​ ​for​ ​CDE Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Powers. City Attorney Lance Baker said his staff would research the issue of back taxes prior to second reading. The following​ ​vote​ ​was​ ​recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman,​ ​Henley,​ ​Powers,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​this​ ​ordinance​ ​on​ ​first​ ​reading​ ​passed. RESOLUTION 13-2017-18 ​Authorizing issuance, sale, and payment of not to exceed $6,500,000 capital outlay notes and levying ad valorem taxes for payment of the notes for purchase​ ​of​ ​property​ ​for​ ​an​ ​athletic​ ​complex Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. Councilman Alexander said road improvements should be a priority. Mayor McMillan said the recreational survey that was currently underway show significant support for an athletic complex. Councilman Grubbs said the complex was needed to provide a facility for youth sports. Councilman Allen opposed the Exit 8 site and noted there was no specific plan for the types of sports would be incorporated into the facility. Councilman Chandler said many cities smaller than Clarksville have a complex of this type and noted road improvements needed were mostly on state roads. Councilwoman Guzman said the revenue from an athletic complex could help fund infrastructure improvements. Councilwoman Smith said some existing parks are not fully utilized and said Ward 6 needs various improvements. Councilman Garrett called for the question. The question was seconded by Councilman Alexander. A voice vote was taken; the motion to cease discussion passed without objection. The following​ ​vote​ ​on​ ​the​ ​original​ ​motion​ ​was​ ​recorded: AYE: Chandler,​ ​Garrett,​ ​Grubbs,​ ​Guzman,​ ​Henley,​ ​McMillan,​ ​Powers NAY: Alexander,​ ​Allen,​ ​Burkhart,​ ​Erb,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​this​ ​resolution​ ​passed. RECONSIDERATION Councilman Burkhart made a motion to reconsider the vote on ​ORDINANCE 20-2017-18 (previously adopted as part of the Consent Agenda). The motion was seconded by Councilwoman Guzman. Councilman Burkhart said the appropriation for purchase and demolition of the Embassy House property [approved by adoption of ORDINANCE 56-2016-17 on May 4, 2017] must be amended to increase the scope of the project to include an environmental evaluation in accordance with a TEMA/FEMA grant. A voice vote was taken; the motion to reconsider passed without objection. Councilman Burkhart made a motion to amend this ordinance to provide additional funding as required by the grant. The motion was seconded by Councilwoman Guzman. The​ ​following​ ​vote​ ​was​ ​recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley,​ ​Powers,​ ​Smith The motion to amend this ordinance passed. The following vote to adopt this ordinance as​ ​amended​ ​was​ ​recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley,​ ​Powers,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​this​ ​ordinance​ ​on​ ​second​ ​reading​ ​as​ ​amended​ ​passed. GAS​ ​&​ ​WATER​ ​COMMITTEE Bill​ ​Powers,​ ​Chair Councilman Powers reported the following monthly department statistics: Service Department - 5,396 work orders, 391 after-hours calls, 95,782 meter reads; Billing Department - 69,914 bills; Engineering Department - 3,120 locates, 713 flushed fire hydrants,​ ​415​ ​backflow​ ​devices​ ​tested. HOUSING​ ​&​ ​COMMUNITY​ ​DEVELOPMENT​ ​COMMITTEE David​ ​Allen,​ ​Chair Councilman Allen said the City of Clarksville was slated to receive $35,000 in additional ESG funds for the Salvation Army, Urban Ministries, and Community Action Agency to receive $11,600 each. He said services provided by Room at the Inn began November 1st​ ​offering​ ​ ​meals​ ​and​ ​shelter​ ​provided​ ​by​ ​area​ ​churches. PARKS​ ​&​ ​RECREATION Valerie​ ​Guzman,​ ​Chair Councilwoman Guzman noted upcoming events including Winter Gyms, Downtown B-Cycle​ ​Ghost​ ​Tours,​ ​Handmade​ ​Holidays,​ ​and​ ​Community​ ​Thanksgiving. PUBLIC​ ​SAFETY​ ​COMMITTEE Geno​ ​Grubbs,​ ​Chair Councilman Grubbs shared the following department statistics: Building & Codes Construction Division - 1,916 inspections, Building & Codes Code Enforcement - 272 cases, Building & Codes Abatement - 67 work orders, Building & Codes Administration - 96 single family permits; Fire & Rescue - 1,097 emergency runs; Police - 13,691 responses. STREETS​ ​&​ ​GARAGE​ ​COMMITTEE Mike​ ​Alexander,​ ​Chair Councilman Alexander shared the following department statistics: Garage - 391 work orders with unleaded fuel at a cost of $1.979/gallon and diesel fuel at a cost of $1.932/gallon;​ ​Streets​ ​-​ ​391​ ​work​ ​orders. Councilman Alexander said the Street Department would be offering debris pickup through​ ​December​ ​4th. TRANSPORTATION​ ​COMMITTEE Ron​ ​Erb Councilman Erb reported 63,931 passengers were transported by Clarksville Transit System​ ​during​ ​October. NEW​ ​BUSINESS ORDINANCE 12-2017-18 ​(First Reading; Postponed October 5th) Amending the Official​ ​Code​ ​relative​ ​to​ ​application​ ​fees​ ​for​ ​public​ ​designation Councilman Chandler made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Grubbs. Mr. Baker noted that three signs per application may be requested at a cost of $150 per sign and must be paid with the​ ​application​ ​fee.​ ​ ​The​ ​following​ ​vote​ ​was​ ​recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman,​ ​Henley,​ ​Powers,​ ​Smith The​ ​motion​ ​to​ ​adopt​ ​this​ ​ordinance​ ​on​ ​first​ ​reading​ ​passed. MAYOR​ ​AND​ ​STAFF​ ​REPORTS There​ ​were​ ​no​ ​mayor​ ​or​ ​staff​ ​reports. ADJOURNMENT The​ ​meeting​ ​was​ ​adjourned​ ​at​ ​8:00​ ​p.m.

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