City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION JANUARY 4, 2018 MINUTES PUBLIC COMMENTS: Prior to the meeting, Tracy Malone asked for passage of ordinances relative to animal control. Louis Marshall said the Clarksville Police Department was intentionally stopping drivers without a driver’s license and claimed citations were being issued and arrests were being made to fund the local jail. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, January 4, 2018, at 7:00 p.m. in the City Hall Conference Room, 1 Public Square, Clarksville, Tennessee. The meeting was relocated due to unforeseen cold weather related damages to the building that houses the City Council Chambers at 106 Public Square. A prayer was offered by Councilman David Allen (Ward 8); the Pledge of Allegiance was led by Councilman Tim Chandler (Ward 4). ATTENDANCE PRESENT: Richard Garrett (Ward 1; arrived 7:22 p.m.), 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), Mike Alexander (Ward 10), Jeff Burkhart (Ward 12) ABSENT: Bill Powers (Ward 11; excused) SPECIAL RECOGNITIONS There were no special recognitions. PUBLIC HEARING Councilman Grubbs made a motion to conduct a public hearing to receive comments regarding amendments to the City Zoning Ordinance. The motion was seconded by Councilwoman McLaughlin. There was no objection. ORDINANCE 37-2017-18 (First Reading) Amending the City of Clarksville Zoning Ordinance to revise provisions for temporary signs There was no one present to express support for or against this ordinance. 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 37-2017-18​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Alexander. City Attorney Lance Baker said some elements of the proposed ordinance may be in conflict with state law and and asked for time to review it further. Mr. Baker said he would be asking for input from council members regarding various aspects of the ordinance. Councilman Allen made a motion to postpone first reading to the next regular session. The motion was seconded by Councilwoman McLaughlin. A voice vote was taken; the motion passed without objection. 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 29-2017-18 ​(Second Reading) Authorizing donation of 936 Charlotte Street to Habitat For Humanity for community development 2. ORDINANCE 30-2017-18 ​(Second Reading) Amending the FY18 Capital Projects Budget for matching grant funds for airport runway improvements 3. ORDINANCE 31-2017-18 ​(Second Reading) Amending the FY18 General Government Budget to transfer funds to Clarksville Transit System to accept a grant for bus related activities 4. ORDINANCE 32-2017-18 (Second Reading) Authorizing extension of utilities to property on Dunlop Lane; request of Jack Dowlen 5. ORDINANCE 34-2017-18 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Brandon Bradford for zone change on property at the intersection of Bellamy Lane and Otis Smith Drive from AG Agricultural District to R-2 Single Family Residential District  6. RESOLUTION 21-2017-18 Renewing the Certificate of Compliance for retail liquor sales for Michael Miller, Sango Wine & Spirits (1049 Highway 76) 7. RESOLUTION 22-2017-18 Renewing the Certificate of Compliance for retail liquor sales for Todd E. Morris, Mulligan’s (2255 Wilma Rudolph Boulevard) 8. RESOLUTION 23-2017-18 Renewing the Certificate of Compliance for retail liquor sales for Ramesh Kasetty and Sreelakshmi Kasetty, Caddy’s Discount Liquor (2206-B Madison Street) 9. Adoption of Minutes: November 30, December 7 10. Approval of Board Appointments: Audit Committee: Joyce Norris, Jerry Weatherspoon - January 2018 through December 2019 Two Rivers Company: Bill Aldred - January 2018 through October 2018; Ryan Bowie - November 2017 through October 2020; Yvonne Chamberlain - January 2018 through October 2019; James Lewis - January 2018 through October 2018 The Consent Agenda was read by the City Clerk. Councilman Allen requested removal of Item #10, Approval of Board Appointments, for separate consideration. Councilman Burkhart made a motion to adopt the Consent Agenda as amended. The motion was seconded by Councilman Alexander. A voice vote was taken; the motion passed without objection. BOARD APPOINTMENTS This item was removed from the original Consent Agenda. Councilman Allen made a motion to approve the board appointments as listed. The motion was seconded by Councilman Burkhart. Councilman Allen made a motion to divide the question to consider each board separately. The motion was seconded by Councilman Alexander. A voice vote was taken; the motion to divide passed without objection. Councilman Allen made a motion to approve appointments to the Audit Committee as noted in the Consent Agenda. The motion was seconded by Councilwoman McLaughlin. A voice vote was taken; the motion passed without objection. Councilman Allen made a motion to approve appointments to the Two Rivers Company. The motion was seconded by Councilman Alexander. Councilman Allen reminded members the TRC Bylaws relative to appointment of members had been amended by the TRC Board of Directors to fulfill an audit finding that the makeup of the board should include individuals other than governmental officials. Councilman Allen made a motion to go out of regular session to hear statements from Charlie Foust, TRC Chairman of the Board. The motion was seconded by Councilman Alexander. A voice vote was taken; Councilwoman McLaughlin abstained from voting. The motion passed without objection. Mr. Foust said the TRC was not a district  management corporation because they did not have authority to assess property. Councilman Chandler made a motion to revert to regular session. The motion was seconded by Councilman Grubbs. The following vote was recorded: AYE: Burkhart, Chandler, Garrett, Grubbs, Guzman, Henley, McMillan NAY: Alexander, Allen, Erb, Smith ABSTAIN: McLaughlin The motion to revert to regular session passed. Councilman Garrett made a motion to postpone approval of the TRC appointments to the April regular session. The motion was seconded by Councilman Alexander. Mr. Baker was allowed to read sections of the City Code relative to TRC board appointments. Councilman Garrett called for a point of order stating that Mr. Baker’s comments were not relative to the motion to postpone. Mayor McMillan ruled in favor of the point of order. Mayor McMillan said the appointments were being made in an effort to comply with the provisions of the City Code. Councilman Allen called for a point of order stating that Mayor McMillan’s comments were not relative to the motion to postpone. Mayor McMillan ruled in favor of the point of order. A voice vote was taken; Councilwoman McLaughlin abstained from voting. The motion to postpone the TRC appointments to the April regular session passed. ROBINSON V. CITY Councilwoman McLaughlin asked for the total amount of funds spent in connection with the Robinson v. City case. Mr. Baker stated the case was ongoing and noted that only the Finance Committee had the authority to settle lawsuits. FINANCE COMMITTEE Jeff Burkhart, Chair ORDINANCE 35-2017-18 ​(First Reading) Amending the FY18 Purchasing Department 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 Henley. A voice vote was taken; the motion passed without objection. ORDINANCE 36-2017-18 ​Amending the FY18 appropriation for Clarksville Gas & Water for fire hydrant and water line repairs 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. A voice vote was taken; the motion passed without objection.  RESOLUTION 20-2017-18 Approving the Participating Employer Agreement and adopting the Plan Document for the State of Tennessee Deferred Compensation Plan The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. Director of Human Resources said the change-over process would take approximately three months during which informational meetings would be held with employees regarding the transfer. The following vote was recorded: AYE: Alexander, Burkhart, Allen, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Smith The motion to adopt this resolution passed. GAS & WATER COMMITTEE Valerie Guzman ORDINANCE 33-2017-18 ​(Second Reading) Amending the Official Code relative to gas rates Councilwoman Guzman made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Chandler. Councilwoman Smith stated her opposition to an increase in rates for natural gas. Councilman Garrett called for the question. The question was seconded by Councilman Alexander. A voice vote was taken; the motion to cease discussion passed. The following vote on the main motion was recorded: AYE: Alexander, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, NAY: Allen, Burkhart, Chandler, Smith The motion to adopt this ordinance on second reading passed. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said the City’s First Time Home Buyers program was recently used by a citizen to purchase a house with HOME funds in the amount of $8,075. Councilman Allen announced representatives from local non-profit organizations would gather on January 12th at the Public Library to assist displaced citizens from across the United States and to inform them of available local services. PARKS & RECREATION Valerie Guzman, Chair Councilwoman Guzman mentioned upcoming recreational events including Period Dance at Fort Defiance, Life in the 1800’s at Fort Defiance, Community Health Awareness Day, and Chocolate Affair. PUBLIC SAFETY COMMITTEE Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes - 163 inspections, 161 enforcement cases, 48 single family permits, 12 abatement work orders; Fire & Rescue - 1,257 calls (13,283 during 2017); Police - 15,377 responses. STREETS & GARAGE COMMITTEE Mike Alexander, Chair Councilman Alexander shared the following monthly department statistics: Street Department - 248 work orders; Garage - 33,346 gallons fuel used, unleaded fuel $2.02/gallon, diesel fuel $2.001/gallon. TRANSPORTATION COMMITTEE ​Deanna McLaughlin Councilwoman McLaughlin shared the following monthly department statistics: Clarksville Transit System - 53,130 passengers, 259 passengers during the Warm Souls event, 38 passengers during Operation Safe Ride on New Year’s Eve. NEW BUSINESS Report on Debt Obligation: Water, Sewer, & Gas Revenue Refunding Bonds, Series 2017 In accordance with state requirements, Mayor McMillan reported the current debt obligation for the Gas, Water, & Sewer Department for Series 2017 refunding bonds totaled $51,350,000. MAYOR AND STAFF REPORTS There were no mayor or staff reports. ADJOURNMENT The meeting was adjourned at 9:08 p.m.