City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION MARCH 1, 2018 MINUTES CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, March 1, 2018, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Stuart Salyer, Bethel Cumberland Presbyterian Church, guest of Councilman Mike Alexander (Ward 10). The Pledge of Allegiance was led by Councilwoman Deanna McLaughlin (Ward 2). 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), Mike Alexander (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) SPECIAL RECOGNITIONS Mayor McMillan recognized City Attorney Lance Baker who introduced Pam Vawter, recently hired as Staff Attorney. PLANNING COMMISSION: PUBLIC HEARING Councilman Grubbs made a motion to conduct a public hearing to received comments regarding request for zone change. The motion was seconded by Councilwoman McLaughlin. There was no objection.  ORDINANCE 53-2017-18 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Paul Landrum for zone change on property located at the southern terminus of Landrum Place from O-1 Office-Medical- Institutional-Civic District to R-4 Multiple Family Residential District Paul Landrum offered to answer questions. There was no expressed opposition. Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilman Burkhart. There was no objection. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 53-2017-18. ​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, Smith 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 38-2017-18 ​(Second Reading) Accepting donation of property from Aspire Clarksville for extension of the Red River Trail 2. ORDINANCE 39-2017-18 ​(Second Reading) Accepting donation of property located at 1026 Washington Street from Wesley Chapel Christian Methodist Episcopal Church and authorizing donation of same to Habitat For Humanity 3. ORDINANCE 40-2017-18 ​(Second Reading) Amending the FY18 Operating and Capital Budget for City of Clarksville Governmental Funds for Safe Routes to School Grant Project 4. ORDINANCE 41-2017-18 ​(Second Reading) Amending the Official Code pertaining to the power of the District Management Corporation for the Central Business Improvement District to recommend levy assessments on properties within the Central Business Improvement District and of the City Council to approve any such levy assessment 5. ORDINANCE 42-2017-18 ​(Second Reading) Authorizing extension of utility services to 733 Hogan Road; request of Patrick Ferguson 6. ORDINANCE 43-2017-18 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Griffey Family Partnership for zone change on property located south of the east terminus of Allen Griffey Road and west of West Fork Creek from AG Agricultural District to R-2 Single Family Residential District [Removed; See transcription following adoption of Consent Agenda] 7. ORDINANCE 44-2017-18 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Griffey Family Partnership for zone change on property located in the southwest corner of Allen Griffey Road and Garner Hills Drive from AG Agricultural District to R-2 Single Family Residential District 8. ORDINANCE 45-2017-18 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hare, LLC, Jimmy Bagwell/Moore Design Services-Agent, for zone change on property located at the intersection of Wilma Rudolph Boulevard and Wylma Van Allen Place from M-2 General Industrial District to C-5 Highway & Arterial Commercial District 9. ORDINANCE 46-2017-18 ​(Second Reading) Authorizing extension of utility services to property on Charles Bell Road; request of Phyllis Casebolt 10. ORDINANCE 47-2017-18 ​(Second Reading) Authorizing exercise of right of eminent domain to acquire easements, property, and rights of way for utility relocation required to facilitate construction of the TDOT roadway widening project along SR149/SR13 (Highway 48/Cumberland Drive) between Zinc Plant Road and the Cumberland River at 1300 Hwy. 48 11. ORDINANCE 48-2017-18 ​(Second Reading) ​Amending the FY18 Capital Projects Budget for the Edmondson Ferry Road Capital Project 12. RESOLUTION 25-2017-18 Renewing the Certificate of Compliance for Jesse A. Davie, Sr. (Wine Cellar, 4 Leland Drive) 13. RESOLUTION 27-2017-18 Approving a Certificate of Compliance for Christine Wheatley, Carin L. Fike, and Diana L. Reynolds for sale of wine at Kroger #540, 2100 Lowes Drive 14. RESOLUTION 28-2017-18 Approving a Certificate of Compliance for Christine Wheatley, Carin L. Fike, and Ronald E. Sanders for sale of wine at Kroger #544, 1489 Madison Street 15. RESOLUTION 29-2017-18 Approving a Certificate of Compliance for Christine Wheatley, Carin L. Fike, and Kelly M. Nelson for sale of wine at Kroger #582, 110 Dover Crossing 16. Adoption of Minutes: February 1 Councilman Burkhart made a motion to adopt the Consent Agenda. The motion was seconded by Councilman Grubbs. Councilman Chander requested separate consideration of ​ORDINANCE 43-2017-18​. Councilwoman McLaughlin recorded an abstention on ORDINANCE 41-2017-18​. The following vote was recorded:  AYE: Alexander Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt the Consent Agenda as amended passed. GRIFFEY ZONING ORDINANCE 43-2017-18 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Griffey Family Partnership for zone change on property located south of the east terminus of Allen Griffey Road and west of West Fork Creek from AG Agricultural District to R-2 Single Family Residential District This ordinance was removed from the original Consent Agenda by Councilman Chander. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Councilman Chandler expressed concern regarding potential traffic issues. The following vote was recorded: AYE: Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith NAY: Alexander, Chandler The motion to adopt this ordinance on first reading passed. FINANCE COMMITTEE Jeff Burkhart, Chair ORDINANCE 49-2017-18 ​(First Reading) Amending the FY18 General Fund Budget to transfer funds to Clarksville Transit System for a grant for digital radios 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, Smith The motion to adopt this ordinance on first reading passed. ORDINANCE 50-2017-18 ​(First Reading) Amending the FY18 Operating and Capital Budget for the 2012 Transportation Alternatives Grant for Greenway-Red River Trail Phase I 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 Guzman.  Councilman Burkhart made a motion to amend this ordinance by increasing the funding from $90,000 to $95,000 due to weather related delays. The motion was seconded by Councilman Grubbs. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith Councilman Burkhart’s amendment passed. The following vote on the original motion as amended was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance as amended on first reading passed. GAS & WATER COMMITTEE Bill Powers, Chair Councilman Powers shared the following monthly department statistics: 96,000 meters read, 72,000 bills and notices mailed, 82 water leaks repaired, 436 hydrants flushed, 389 backflow devices tested, 542 million gallons water treated, 417 million gallons sewage treated. Councilman Powers said the Water Treatment Plant was operating at 62% of capacity and the Wastewater Treatment Plant was operating at 55% of capacity. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said the Affordable Housing Coalition planned to conduct a special “Day on the Hill” event in Nashville on March 14th. He announced the local department would be purchasing cloud-based software to manage all aspects of community development activities and said grant software was fully implemented allowing the department to process paperless sub-recipient applications PARKS & RECREATION Valerie Guzman, Chair Councilwoman Guzman noted upcoming events including Toddlers’ Splash, Greenway Cleanup, Community Flea Market, and Fun With Fido. PUBLIC SAFETY COMMITTEE Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes Construction Division - 1490 inspections, Enforcement Division - 208 cases, Administration - 52 single-family permits, Abatement Division - 13 work orders; Fire & Rescue - 553 emergency calls; Police - 14,229 calls and responses. Councilman Grubbs expressed appreciation to City and County public safety departments who responded to incidents related to the recent tornado. STREETS & GARAGE COMMITTEE Mike Alexander, Chair Councilman Alexander shared the following monthly department statistics: Garage - 365 work orders with unleaded and diesel fuel at a cost of $2.04; Streets - 194 work orders. Councilman Alexander said the Street Department’s spring debris pickup had been scheduled for March 12 through April 7. TRANSPORTATION COMMITTEE ​Deanna McLaughlin, Chair Councilwoman McLaughlin reported 56,654 passengers were transported by Clarksville Transit System during the month of February. INTERSECTION IMPROVEMENTS ORDINANCE 51-2017-18 ​(First Reading) Authorizing negotiations and an agreement for purchase of easements and/or rights of way or use of eminent domain for intersection improvements at International Boulevard and Dunlop Lane Councilman Alexander made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Erb. Councilman Alexander said negotiations were progressing well. The following vote was recorded: AYE: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. ORDINANCE 52-2017-18 (First Reading) Authorizing negotiations and an agreement to purchase easements and/or rights of way or use of eminent domain for drainage improvements at the intersection of Trenton Road & Tylertown Road Councilman Alexander made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. Councilman Burkhart encouraged the Street Department and Mayor to make every effort to negotiate agreements without using eminent domain. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. LG ELECTRONICS RESOLUTION 26-2017-18 ​Approving an interlocal agreement between the City of Clarksville and the Industrial Development Board regarding the LG Project Councilwoman McLaughlin made a motion to adopt this resolution. The motion was seconded by Councilwoman Guzman. City Attorney Lance Baker said the details of the agreement had not yet been finalized and asked for a postponement. Mayor McMillan made a motion to postpone action on this resolution to the next regular session. The motion was seconded by Councilwoman Smith. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to postpone action on this resolution to the next regular session passed. MILLER CERTIFICATE OF COMPLIANCE RESOLUTION 30-2017-18 Rescinding ​RESOLUTION 21-2017-18 and ​approving a Certificate of Compliance for Jack G. Miller, LLC, for operation of Sango Wine & Spirits (1049 Highway 76) Because it was not presented during Executive Session on February 22, 2018, Councilman Grubbs made a motion to consider this resolution. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to consider passed by the required ¾ majority. Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. OPIOID LITIGATION RESOLUTION 31-2017-18 ​Authorizing the City Attorney to pursue the opioid litigation Because it was not presented during Executive Session on February 22, 2018, Mayor McMillan made a motion to consider this resolution. The motion was seconded by Councilman Burkhart. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith NAY: Alexander The motion to consider passed by the required 3/4 majority. Mayor McMillan made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. Councilman Alexander objected to any costs the City of Clarksville would incur. Councilman Burkhart asked Mr. Baker to carefully choose an appropriate attorney. Councilman Powers expressed support for this resolution. In response to Councilman Henley’s question, Mr. Baker said he did not anticipate any attorney fees. In response to Councilman Allen’s comment, Mr. Baker said funds awarded could offset law enforcement expenses the City was currently experiencing. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The motion to adopt this resolution unanimously passed. MAYOR AND STAFF REPORTS Mayor McMillan congratulated Rob Rayburn and the Parks & Recreation Department for winning the 2018 Kaleidoscope Award for Best Festival 2nd Place for RiverFest and 3rd Place for Best Photography for the Farm To Table event. ADJOURNMENT The meeting was adjourned at 7:49 p.m.