City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION APRIL 5, 2018, 7:00 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA PUBLIC COMMENTS: ● 6:45 p.m. Dr. Jodie Robinson ● 6:50 p.m. Deanna McLaughlin ● 6:55 p.m. Charles Pecka 1) CALL TO ORDER 2) PRAYER​: Pastor Robert P. Harris, first Missionary Baptist Church - Guest of Councilman Bill Powers PLEDGE OF ALLEGIANCE: ​Councilman Richard Garrett 3) ATTENDANCE 4) SPECIAL RECOGNITIONS 5) PLANNING COMMISSION: PUBLIC HEARING 1. ORDINANCE 55-2017-18 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Maynard Family Company, Jimmy Bagwell-Agent, for zone change on property located at the intersection of Tobacco Road and Sandburg Drive from R-2 Single Family Residential District to R-4 Multiple Family Residential District ​(RPC: Approval/Approval) 2. ORDINANCE 56-2017-18 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ronnie Seay, Wade Hadley-Agent, for zone change on property located at the terminus of Button Drive from R-1 Single Family Residential District to R-2A Single Family Residential District ​(RPC: Approval/Approval) 3. ORDINANCE 57-2017-18 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reda Homes, LLC, for zone change on property located east of Fort Campbell Boulevard and north of Idlewild Street from R-1 Single Family Residential District to R-4 Multiple Family Residential District ​(RPC: Approval/Approval) 4. ORDINANCE 58-2017-18 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Syd Hedrick for zone change on property located on multiple parcels south of Crossland Avenue, north and south of West High Street, and west of Charlotte Street from R-3 Two & Three Family Residential District to R-6 Single Family District ​(RPC: Approval/Approval) 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 49-2017-18 ​(Second Reading) Amending the FY18 General Fund Budget to transfer funds to Clarksville Transit System for a grant for digital radios 2. ORDINANCE 50-2017-18 ​(Second Reading) Amending the FY18 Operating and Capital Budget for the 2012 Transportation Alternatives Grant for Greenway-Red River Trail Phase I 3. ORDINANCE 51-2017-18 ​(Second 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 4. ORDINANCE 52-2017-18 (Second 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 5. ORDINANCE 53-2017-18 ​(Second 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 6. RESOLUTION 40-2017-18 ​Approving a Certificate of Compliance for sale of wine at Sam’s #6512, 3315 Guthrie Highway ​(CPD: No Criminal History) 7. RESOLUTION 41-2017-18 Approving a Certificate of Compliance for sale of wine at Walmart #673, 3050 Wilma Rudolph Boulevard ​(CPD: No Criminal History) 8. RESOLUTION 42-2017-18 ​Approving a Certificate of Compliance for sale of wine at Walmart #1075, 1680 Fort Campbell Boulevard ​(CPD: No Criminal History) 9. RESOLUTION 43-2017-18 ​Approving a Certificate of Compliance for sale of wine at Walmart #3495, 2315 Madison Street ​(CPD: No Criminal History) 10. RESOLUTION 44-2017-18 ​Approving a Certificate of Compliance for sale of wine at Walmart #4469, 2551 Whitfield Road ​(CPD: No Criminal History) 11. RESOLUTION 45-3017-18 Approving a Certificate of Compliance for sale of wine at Walmart #4589, 216 Dover Road ​(CPD: No Criminal History) 12. RESOLUTION 46-2017-18 ​Approving a Certificate of Compliance for sale of wine at Walmart #4591, 408 Tiny Town Road ​(CPD: No Criminal History) 13. RESOLUTION 47-2017-18 Approving a Certificate of Compliance for Beach Liquors, LLC for operation of Riverbend Wine & Spirits, 1206 Highway 48 ​(CPD: No Criminal History) 14. Approval of Board Appointments: Ethics Commission: Joel Wallace - April 2018 through June 2018 Board of Equalization: Richard Swift - May 2018 through April 2020 15. Adoption of Minutes: March 1 7) TRC BOARD APPOINTMENTS ​(Removed from Consent Agenda and postponed January 4th) 1. Approval of TRC Board Appointments: 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 8) FINANCE COMMITTEE ​Jeff Burkhart, Chair 1. RESOLUTION 39-2017-18 Authorizing a Mutual Aid Agreement between the City of Clarksville and the Austin Peay State University for police services ​(Finance and Public Safety Committees: Approval) 9) GAS & WATER COMMITTEE Bill Powers, Chair 1. Department Reports 10)HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair 1. Department Reports 11) PARKS & RECREATION Valerie Guzman, Chair 1. Department Reports 12) PUBLIC SAFETY COMMITTEE Geno Grubbs, Chair 1. Department Reports 13) STREETS & GARAGE COMMITTEE Mike Alexander, Chair 1. Department Reports 14)TRANSPORTATION COMMITTEE ​Deanna McLaughlin, Chair 1. Department Reports 15) NEW BUSINESS 1. RESOLUTION 26-2017-18 ​(Postponed March 1st) ​Approving Amendment 1 to the Interlocal Agreement between the City of Clarksville and the Industrial Development Board regarding the LG Electronics Project ​(Mayor McMillan) 16) MAYOR AND STAFF REPORTS 17) ADJOURNMENT  ORDINANCE 55-2017-18 AMENDING THE ZONING ​ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF MAYNARD FAMILY COMPANY, JIMMY BAGWELL-AGENT, FOR ZONE CHANGE ON PROPERTY LOCATED AT THE INTERSECTION OF TOBACCO ROAD AND SANDBURG DRIVE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned R-2 Single Family Residential District, as R-4 Multiple Family Residential District PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Commencing at a point being the northwest corner of the herein described tract, said point being located South 19 degrees 51 minutes 32 seconds East for a distance of 643.58 feet, more or less, from the centerline intersection of Tobacco Road and Sandburg Drive; Thence South 54 degrees 15 minutes 54 seconds East for a distance of 476.74 feet, more or less, to a point; Thence South 69 degrees 59 minutes 15 seconds West for a distance of 192.22 feet, more or less, to a point; Thence South 01 degrees 46 minutes 59 seconds East for a distance of 503.24 feet, more or less, to a point; Thence North 59 degrees 16 minutes 37 seconds West for a distance of 730.23 feet, more or less, to a point; Thence North 30 degrees 43 minutes 23 seconds East for a distance of 68.37 feet, more or less, to a point; Thence North 10 degrees 20 minutes 44 seconds East for a distance of 140.48 feet, more or less, to a point; Thence North 01 degrees 13 minutes 54 seconds West for a distance of 179.79 feet, more or less, to a point; Thence North 06 degrees 54 minutes 54 seconds West for a distance of 98.14 feet, more or less, to the point of beginning. Said tract contains 6.25 +/- acres Further identified as Tax Map 30, Parcel 6.00 p/o.  ORDINANCE 56-2017-18 AMENDING THE ZONING ​ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF RONNIE SEAY, WADE HADLEY-AGENT, FOR ZONE CHANGE ON PROPERTY LOCATED AT THE TERMINUS OF BUTTON DRIVE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned R-1 Single Family Residential District, as R-2A Single Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point also being on the northwestern corner of the herein parcel, said point also being South 45 degrees 09 minutes West for a distance of 158 feet from the centerline intersection of 101st Airborne Division Parkway and Trenton Road; Thence, along the western right-of-way of Trenton Road, South 01 degrees 56 minutes 06 seconds West for a distance of 146.00 feet to a point; Thence, continuing along the western right-of-way of Trenton Road for the next 4 calls, South 15 degrees 16 minutes 54 seconds East for a distance of 173.00 feet to a point; Thence, South 01 degrees 19 minutes 22 seconds East for a distance of 176.19 feet to a point; Thence, South 19 degrees 27 minutes 55 seconds East for a distance of 125.56 feet to a point Thence, South 00 degrees 14 minutes 48 seconds West for a distance of 453.90 feet to a point, said point being the southeastern corner of the herein described parcel; Thence, leaving said right-of-way and along a new severance line, North 89 degrees 57 minutes 43 seconds West for a distance of 957.34 feet to a point, said point being the southwestern corner of the herein described parcel; Thence, continuing along the new severance line for the next 4 calls, North 00 degrees 00 minutes 00 seconds East for a distance of 709.76 feet to a point; Thence, North 60 degrees 29 minutes 12 seconds East for a distance of 71.21 feet to a point; Thence, North 90 degrees 00 minutes 00 seconds East a distance of 330.99 feet to a point; Thence, North 13 degrees 28 minutes 20 seconds East for a distance of 418.84 feet to a point, said point being the northwestern corner of the herein described parcel; Thence, along the right of way of 101st Airborne division Parkway, South 76 degrees 31 minutes 40 seconds East for a distance of 392.99 feet to a point, which is the point of beginning, said tract containing 864,012 square feet or 19.83 +/- acres Further identified as Tax map 41, Parcel 40.02 p/o.  ORDINANCE 57-2017-18 AMENDING THE ZONING ​ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF REDA HOMES, LLC, FOR ZONE CHANGE ON PROPERTY LOCATED EAST OF FORT CAMPBELL BOULEVARD AND NORTH OF IDLEWILD STREET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned R-1 Single Family Residential District, as R-4 Multiple Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 432+/- feet east of the centerline of the Ft. Campbell Blvd. & Maple Street intersection, further identified as the southwest corner of the William Fuller property and the zoning line defining C-2 to the west & R-1 to the east, thence in a northeasterly direction 436 +/- feet with the southern property boundary of the William Fuller property & others to a point, said point being the northwest corner of the of the Charles J. Hinton, thence in a southerly direction 97 +/- feet with the western boundary of the Charles J. Hinton properties to a point, said point being the northeast corner of the Johnny Ray Wooten property, thence in a southwesterly direction 120 +/- feet to a point said point being the northwest corner of the Johnny Ray Wooten property and located in the right of way in the northern terminus of Idlewild Street, thence in a westerly, and southerly direction with the Idledwid Street right of way western boundary 372 +/- feet to a point, said point being in the eastern boundary of the Reda Homes LLC property and at the zoning line defining C-2 to the west & R-1 to the east, thence in a northerly direction 368 +/- feet with the zoning line defining C-2 to the west & R-1 to the east to the point of beginning, said described tract containing 2.31 +/- acres, further identified as Tax Map 54-C-F, Parcel(s) 46.00 p/o, 47.00 & 47.01 p/o.  ORDINANCE 58-2017-18 AMENDING THE ZONING ​ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF SYD HEDRICK FOR ZONE CHANGE ON PROPERTY LOCATED ON MULTIPLE PARCELS SOUTH OF CROSSLAND AVENUE, NORTH AND SOUTH OF WEST HIGH STREET, AND WEST OF CHARLOTTE STREET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned R-3 Two & Three Family Residential District, as R-6 Single Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 141 +/- feet in a westerly direction from the centerline of the Crossland Avenue & Charlotte Street, said point further identified as the northwest corner of the Luther Ernest Anderson property, thence in a southerly direction 179 +/- feet to a point said point being the southwest corner of the Luther Ernest Anderson and located in the northern right of way margin West High Street, thence in a southeasterly direction 76 +/- feet across the West High Street right of way to a point said point being the northwest corner of the Syd Hedrick and said point being located in the southern right of way margin of West High Street, thence in a easterly direction 136 +/- feet with the southern right of way margin of West High Street, to a point, said point being the southwest corner of the West High Street & Charlotte Street right of way margins, thence in a southerly direction 113+/- feet with the western right of way margin of Charlotte to a point, said point being the northwest corner of the Wallace Marvin Redd, Jr. property, thence a southerly direction 98 +/- feet with the western property boundary of the Wallace Marvin Redd, Jr. property to a point, said point being in the northern right of way margin of Blackman St. and the southwest corner of the Wallace Marvin Redd, Jr. property, thence in a westerly direction 82 +/- feet with the northern right of way margin of Blackman St. to a point, said point being the southeast corner of the Gregory J. Michaels property, thence in a northerly direction 80+/- feet with the eastern boundary of the Gregory J. Michaels property, to a point, said point being the northeast corner of the Gregory J. Michaels property, thence in a westerly direction 53 +/- feet with the northern boundary of the Gregory J. Michaels property, to a point, said point being the northwest corner of the Gregory J. Michaels property, thence in a southerly direction 83+/- feet with the western boundary of the Gregory J. Michaels property to a point, said point being in the northern right of way margin of Blackman Rd., thence in a westerly direction 118 +/- feet to a point, said point being the northwest corner of the the Blackman St. right of way and in the eastern boundary of the City of Clarksville property, thence in a northerly direction 186 +/- feet with the eastern boundary of the City of Clarksville property, to a point in the southern right of way margin of West High St., thence in a northwesterly direction across the West High Street right of way 60 +/- feet to a point, said point being in the northern right of way margin of West High St. and in the eastern boundary of the City of Clarksville property, thence in a northerly 161 +/- feet to the point of beginning, said tract containing 1.19 +/- acres, further identified as tax map 66-O-B, Parcel(s) 2.00, 6.00, 7.00, 8.00 & 9.00  ORDINANCE 49-2017-18 AN ORDINANCE AMENDING THE 2017-2018 GENERAL FUND BUDGET (ORDINANCE 75-2016-17) AUTHORIZING THE CITY OF CLARKSVILLE TO INCREASE THE TRANSFER OUT TO THE CLARKSVILLE TRANSIT SYSTEM IN THE AMOUNT OF $62,748.00 AND TO ACCEPT A STATE GRANT IN THE AMOUNT OF $188,243.00 FOR DIGITAL RADIOS WHEREAS​, the Clarksville Transit System has been selected for funding under the Improve Act by the Tennessee Department of Transportation for a digital radio system upgrade at an estimated cost of $250,991.00: and WHEREAS​, the Clarksville Transit System has been awarded $188,243.00 in state funds; and WHEREAS​, the Clarksville Transit System will be required to provide 25% local match in the amount of $62,748.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the following Budget Amendments be made: General Fund: Transfer to Transit 10491004-4740 Increase: $62,748.00 BE IT FURTHER ORDAINED ​that the source of funding for this $62,748.00 shall be from the fund balance of the General Fund. FIRST READING: March 1, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 50-2017-18 AN ORDINANCE AMENDING THE 2017-18 OPERATING AND CAPITAL BUDGETS (ORDINANCE 75-2016-17) IN THE AMOUNT OF $90,000 FOR THE 2012 TRANSPORTATION ALTERNATIVES GRANT PROJECT FOR THE CLARKSVILLE GREENWAY-RED RIVER TRAIL PHASE I WHEREAS​, the City of Clarksville was awarded a 2012 Transportation Alternatives Grant to construct and complete a major section of the city’s pedestrian trail known as the Clarksville Greenway-Red River Trail funded through Tennessee’s Department of Transportation (TDOT); and WHEREAS​, due to weather causing construction delays, it was necessary to obtain TDOT authorization to extend the grant period to September 1, 2019; and WHEREAS​, the project is near completion but the extension of the grant period has resulted in unexpected cost overruns not included in the original grant project budget, it is determined that additional funding is needed to complete the project; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: The following Capital Projects Fund budget amendments be made: Expense 40450003 4450 13501 Clarksville River Trail Increase: $95,000 Revenue 4041000 39150 Transfer in From General Fund Increase: $95,000 BE IT FURTHER ORDAINED: That the following General Fund budget amendment be made: Expenditure 10470003 4914 Transfer Out to Cap.Proj.Fund Increase: $95,000 BE IT FURTHER ORDAINED: That the funds from the General Fund will be provided from the fund balance. FIRST READING: March 1, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 51-2017-18 AN ORDINANCE OF THE CITY OF CLARKSVILLE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO CONDUCT NEGOTIATIONS AND TO ENTER AN AGREEMENT FOR PURCHASE OF EASEMENTS AND/OR RIGHTS OF WAY, OR SHOULD NEGOTIATIONS FAIL, TO PURSUE CONDEMNATION THROUGH USE OF EMINENT DOMAIN FOR ACQUISITION OF PROPERTY FOR A PUBLIC PURPOSE FOR THE INTERSECTION IMPROVEMENTS PROJECT (INTERNATIONAL BOULEVARD & DUNLOP LANE) WHEREAS, the Clarksville City Council finds that improvements to certain intersections within the City are a vital component to the proper function of the transportation system and enhanced quality of life for city residents; and WHEREAS, the Clarksville City Council finds it to be in the public interest to acquire easements and/or rights of way for the purpose of constructing improvements to the intersection of International Boulevard and Dunlop Lane. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Mayor, or his designee, may negotiate and enter into an agreement for the purchase of any necessary property rights from affected property owners for the Intersection Improvements Project at International Boulevard and Dunlop Lane, and further, that if agreements cannot be reached on a reasonable purchase price in a timely manner, then the Mayor, acting through the City Attorney or his designee, and on behalf of the City of Clarksville, is hereby authorized to exercise the right of eminent domain and institute a condemnation action in the appropriate court for acquisition of any necessary property rights from affected property owners for the Intersection Improvements Project, and said negotiations, acquisitions, and /or exercise of the right of eminent domain should be performed in compliance with Tennessee Department of Transportation policies. FIRST READING: March 1, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 52-2017-18 AN ORDINANCE OF THE CITY OF CLARKSVILLE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO CONDUCT NEGOTIATIONS AND TO ENTER AN AGREEMENT FOR PURCHASE OF EASEMENTS AND/OR RIGHTS OF WAY, OR SHOULD NEGOTIATIONS FAIL, TO PURSUE CONDEMNATION THROUGH USE OF EMINENT DOMAIN FOR ACQUISITION OF PROPERTY FOR A PUBLIC PURPOSE FOR THE DRAINAGE IMPROVEMENTS PROJECT (TRENTON ROAD & TYLERTOWN ROAD) WHEREAS, the Clarksville City Council finds that improvements to the areal drainage in the area of Trenton and Tylertown Roads within the City are a vital component to the proper function of the drainage system economic growth, and enhanced quality of life for city residents; and WHEREAS, the Clarksville City Council finds it to be in the public interest to acquire easements and/or rights of way for the purpose of constructing improvements to the drainage of the Trenton Road – Tylertown Road area; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Mayor, or his designee, may negotiate and enter into an agreement for the purchase of any necessary property rights from affected property owners for the Drainage Improvements Project at Trenton Road and Tylertown Road, and further, that if agreements cannot be reached on a reasonable purchase price in a timely manner, then the Mayor, acting through the City Attorney or his designee, and on behalf of the City of Clarksville, is hereby authorized to exercise the right of eminent domain and institute a condemnation action in the appropriate court for acquisition of any necessary property rights from affected property owners for the Intersection Improvements Project, and said negotiations, acquisitions, and /or exercise of the right of eminent domain should be performed in compliance with Tennessee Department of Transportation policies. FIRST READING: March 1, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 53 -2017-18 AMENDING THE ZONING ​ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF PAUL LANDRUM FOR ZONE CHANGE ON PROPERTY LOCATED AT THE TERMINUS OF LANDRUM PLACE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned O-1 Office-Medical- Institutional-Civic District, as R-4 Multiple Family Residential District. PUBLIC HEARING: March 1, 2018 FIRST READING: March 1, 2018 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being at the south​ern terminus of Landrum Place, said point being in the eastern right of way margin of the cul-de-sac of Landrum Place and further identified as the southwest corner of the Talus Land Company LLC property, thence in a easterly direction 227 +/- feet with the southern property line of the Talus Land Company LLC to a point, said point being in the western property boundary of the Todd Morris property, thence in a southerly direction 154 +/- with the western boundary of the Todd Morris property to a point, said point being in the northern boundary of the Ben Stanley property, thence in a westerly direction 476 +/- feet with the northern boundary of the Ben Stanley property and the northern boundary of the Hunter Chase TN LP to a point, said point being in the eastern boundary of the Hillcrest Commons Condominiums Inc., thence in a northerly direction 224 +/- feet to a point, said point being the southeast corner of the Dialysis Clinic Inc., thence in a easterly direction 211 +/- feet with the southern boundary of the Dialysis Clinic Inc., to a point, said point being in the western right of way margin of the cul-de-sac of Landrum Place, thence following the radius of the cul-de-sac of Landrum Place to the point of beginning of said herein described tract, said tract containing 2.2 +/- acres, further identified as Tax Map 65-N-J, Parcel(s) 17.00 & 18.00.  RESOLUTION 40-2017-18 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT SAM’S EAST, INC. (#6512) WHEREAS, John Robert Furner, Cynthia P. Moehring, Matthew William Allen, Andrea Lazenby, and David Slover have applied for a Certificate of Compliance from the City of Clarksville, according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Sam’s East, Inc. (#6512) located at 3315 Guthrie Highway; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for John Robert Furner, Cynthia P. Moehring, Matthew William Allen, Andrea Lazenby, and David Slover for sale of wine at Sam’s East (#6512) located at 3315 Guthrie Highway, Clarksville, Tennessee. ADOPTED:  RESOLUTION 41-2017-18 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT WALMART (#673) WHEREAS, Michael Moore, Cynthia Moehring, Matthew William Allen, Andrea Lazenby, and Martha Mcroy have applied for a Certificate of Compliance from the City of Clarksville, according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Walmart (#673) located at 3050 Wilma Rudolph Boulevard; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Michael Moore, Cynthia Moehring, Matthew William Allen, Andrea Lazenby, and Martha Mcroy for sale of wine at Walmart (#673) located at 3050 Rudolph Boulevard. ADOPTED:  RESOLUTION 42-2017-18 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT WALMART (#1075) WHEREAS, Michael Moore, Cynthia Moehring, Matthew William Allen, Andrea Lazenby, and Bryan Fenton have applied for a Certificate of Compliance from the City of Clarksville, according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Walmart (#1075) located at 1680 Fort Campbell Boulevard; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Michael Moore, Cynthia Moehring, Matthew William Allen, Andrea Lazenby, and Bryan Fenton for sale of wine at Walmart (#1075) located at 1680 Fort Campbell Boulevard. ADOPTED:  RESOLUTION 43-2017-18 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT WALMART (#3495) WHEREAS, Michael Moore, Cynthia Moehring, William Matthew Allen, Andrea Lazenby, and William Griffin have applied for a Certificate of Compliance from the City of Clarksville, according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Walmart (#3495) located at 2315 Madison Street; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Michael Moore, Cynthia Moehring, William Matthew Allen, Andrea Lazenby, and William Griffin for sale of wine at Walmart #3495 located at 2315 Madison Street. ADOPTED:  RESOLUTION 44-2017-18 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT WALMART (#4469) WHEREAS, Michael Moore, Cynthia Moehring, Matthew William Allen, Andrea Lazenby, and Francies Gardner have applied for a Certificate of Compliance from the City of Clarksville, according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Walmart (#4469) located at 2551 Whitfield Road; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Michael Moore, Cynthia Moehring, Matthew William Allen, Andrea Lazenby, and Francies Gardner for sale of wine at Walmart #4469 located at 2551 Whitfield Road. ADOPTED:  RESOLUTION 45-2017-18 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT WALMART (#4589) WHEREAS, Michael Moore, Cynthia Moehring, Matthew William Allen, Andrea Lazenby, and Michael Krisle have applied for a Certificate of Compliance from the City of Clarksville, according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Walmart (#4589) located at 216 Dover Road; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Michael Moore, Cynthia Moehring, Matthew William Allen, Andrea Lazenby, and Michael Krisle for sale of wine at Walmart #4589 located at 216 Dover Road. ADOPTED:  RESOLUTION 46-2017-18 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT WALMART (#4591) WHEREAS, Michael Moore, Cynthia Moehring, Matathew William Allen, Andrea Lazenby, and Kenny Lankford have applied for a Certificate of Compliance from the City of Clarksville, according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Walmart (#4591) located at 408 Tiny Town Road; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Michael Moore, Cynthia Moehring, Matathew William Allen, Andrea Lazenby, and Kenny Lankford for sale of wine at Walmart #4591 located at 408 Tiny Town Road. ADOPTED:  RESOLUTION 47-2017-18 A RESOLUTION RENEWING A RETAIL LIQUOR STORE CERTIFICATE OF COMPLIANCE FOR BEACH LIQUORS, LLC, FOR OPERATION OF RIVERBEND WINE & SPIRITS WHEREAS, Beach Liquors, LLC (William Beach and Bill Beach) has applied for a Certificate of Compliance from the City of Clarksville according to regulations of the Tennessee Alcoholic Beverage Commission, for operation of Riverbend Wine & Spirits, 1206 Highway 48; and WHEREAS, according to a local criminal history check, the applicants who are to be in actual charge of said business has not been convicted of a felony within a ten year period immediately preceding the date of the application and, if a corporation, that the executive officers, or those in control, have not been convicted of a felony within a ten year period immediately preceding the date of the application; and further that it is the undersigned's opinion that the applicant will not violate any provisions of ​Tennessee Code Annotated, Title 57, Chapter 3​; and WHEREAS, the applicants have secured a location which complies with all restrictions of the laws, ordinances, or resolutions; and WHEREAS, the issuance of this license will not exceed the numerical limit established in City Code Sec. 2-205. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Beach Liquors, LLC, for operation of Riverbend Wine & Spirits, 1206 Highway 48, Clarksville, Tennessee. ADOPTED  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.  RESOLUTION 39-2017-18 A RESOLUTION AUTHORIZING A MUTUAL AID AGREEMENT BETWEEN THE CITY OF CLARKSVILLE AND AUSTIN PEAY STATE UNIVERSITY FOR POLICE SERVICES WHEREAS, the City of Clarksville and Austin Peay State University have discussed the feasibility of requesting assistance from each other in special situations involving danger to life or property; and WHEREAS, both parties have agreed to outline the procedure to be followed in the event of a request for assistance by one of the parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby authorizes the Mutual Aid Agreement, attached hereto as Exhibit A, between the City of Clarksville and Austin Peay State University for police services. ADOPTED:  6. Communications between agencies shall be conducted on the requesting agency,s police radio frequency, ifpossible. Users ofthis frequency shall use "plain lang,age" and identifu themselves with agency name and unit number when contacting other agencies. 7. The Clarksville Police Department and the Austin Peay State University State Police i Depa(ment shall each be liable for the actions of its employees as required by law, and the requesting party shall indemni! and hold harmless the responding party from and against any and all claims, suits, actions, debts. damages, costs, charges and expenses, including court costs and attomey fees, and against all liability, losses, and damages of any nature whatever, that the responding party shall or may at any time sustain or be put to by reason ofthe actions or inactions of the requesting party under this Mutual Aid Agreement. 8. Any images (video or photographs) made or captured by either party will be primary custody ofthe requesting party and can be distribured through formal request for same I All images taken or obtained by the responding agency will be relinquished to the requesting agency when the emergency no longer exists, ifnot sooner. AUSTIN PEAY STATE UMVERSITY CITY OF CLARKSVILLE, TENNESSEE POLICE DEPARTMENT CLARKSVILLE POLICE DEPARTMENT By: By: Michael Kasitz- Chfufof Policeu Al Ansley, Chief of Police Date: 10 a 2-.r7 Date:  RESOLUTION 26-2017-18 A RESOLUTION AUTHORIZING AMENDMENT ONE TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLARKSVILLE AND THE CLARKSVILLE- MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT BOARD FOR UTILITY CONSTRUCTION / RELOCATION IN CONNECTION WITH THE LG ELECTRONICS USA PROJECT WHEREAS, the City of Clarksville and the Clarksville – Montgomery County Industrial Development Board (IDB), have previously entered into an Interlocal Agreement with respect to utility construction and relocation in connection with the LG Electronics USA project, said Interlocal Agreement previously approved by the City Council as Resolution 3-2017-18; and WHEREAS, the previous Interlocal Agreement made reference to expected grant funds in a specific amount, which amount has been increased by the State (from $1,542,200.00 to $1,567,235.00), and to a City match in a specific percentage of said grant funds, which percentage has been reduced (from 19% to %15), which results in the total dollar amount of the local match being decreased despite the increased grant amount from the state (from $293,018.00 to $235,085.00); and WHEREAS, the City, through its’ Gas & Water Department, and with the approval of the IDB, is seeking changes to the utility design in connection with the LG Electronics USA project, for construction of a 24 inch water pipe, instead of the originally planned ten inch water pipe, which shall result in improvement to water utility infrastructure throughout the general area, increased water service capacity to serve industrial, commercial, and residential customers, and will enable the City Gas & Water Department to meet future growth and thereby increase revenue, contributing to long term rate stability, and will facilitate further industrial and commercial recruitment and attendant jobs for local citizens; and WHEREAS, the pipe size upgrade will result in short term increased construction cost, but which costs will be cheaper if the upgraded pipe is constructed at the present time in the course of the LG Electronics USA project, than as a separate stand-alone project in the future; and WHEREAS, the City Council finds the upgraded pipe improvements will be of benefit to taxpayers and ratepayers alike, and will serve the public good, and that the City should bear the increase in costs associated with the upgraded pipe improvements from an originally planned ten inch line to a 24 inch line; and WHEREAS, total amount to be paid by the City to the IDB is to be capped at a not to exceed amount of $912,663.68 (which includes the newly revised grant match amount of  $235,085.00 (15% of the newly revised grant amount), plus $677,578.68 for construction / relocation of utilities, to include upgrade from an originally planned ten inch water pipe to a 24 inch water pipe). WHEREAS, the City and the IDB desire to amend the provisions of the Interlocal Agreement to reflect the changed circumstances; and WHEREAS, the City Council finds that Amendment One to the Interlocal Agreement pertaining to the Industrial Park Utility Relocation Project – LG Electronics USA, attached hereto and incorporated herein as Exhibit A, is in the best interests of the City, its residents, taxpayers, and ratepayers, and should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby adopts and approves Amendment No. 1 (attached hereto and incorporated herein, as Exhibit A), to the Interlocal Agreement, adopted July 6, 2017, pursuant to Resolution 3-2017-18, between the City of Clarksville, Tennessee, and the Clarksville- Montgomery County Industrial Development Board, pertaining to utility construction and relocation for the LG Electronics USA project. ADOPTED:  EXHIBIT A AMENDMENT NO. 1 to the INTERLOCAL AGREEMENT Between the CITY OF CLARKSVILLE, TENNESSEE and the CLARKSVILLE – MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT BOARD dated July 28, 2017 This Amendment to the Interlocal Agreement, made and entered into by and between the City of Clarksville, Tennessee (hereinafter referred to as "City"), and the Clarksville – Montgomery County Industrial Development Board (hereinafter referred to as “IDB”), shall be incorporated into and become a part of the original Interlocal Agreement cited immediately above. WHEREAS, the original Interlocal Agreement provided that the IDB would perform both on‐site and off‐site improvements in connection with the LG Electronics USA project, to include entering into a single contract with a prime contractor to perform off‐site utility construction / relocation work associated with site improvement for the project; and WHEREAS, the original Interlocal Agreement contained reference to the IDB receiving grants funds from the State of Tennessee in the amount of $1,542,200.00, with a local match to be provided by the City of 19% ($293,018.00); and WHEREAS, the actual grant amount from the State received by the IDB is $1,567,235.00, and WHEREAS, the City’s local match grant percentage has been reduced to 15% of the newly revised grant amount for a total of $235,085.00; and WHEREAS, the City, through its’ Gas & Water Department, and with the approval of the IDB, is seeking changes to the utility design in connection with the LG Electronics USA project, for construction of a 24 inch water pipe, instead of the originally planned ten inch water pipe, which shall result in improvement to water utility infrastructure throughout the general area, increased water service capacity to serve industrial, commercial, and residential customers, and will enable the City Gas & Water Department to meet future growth and thereby increase revenue, contributing to long term rate stability, and will facilitate further industrial and commercial recruitment and attendant jobs for local citizens, and WHEREAS, the pipe size upgrade will result in short term increased construction cost, but which costs will be cheaper if the upgraded pipe is constructed at the present time in the course of the LG Electronics USA project, than as a separate stand‐alone project in the future, and Page 1 of 4  INTERLOCAL AGREEMENT BETWEEN CITY OF CLARKSVILLE AND INDUSTRIAL DEVELOPMENT BOARD – AMENDMENT NO. 1 INDUSTRIAL PARK UTILITY RELOCATION PROJECT – LG ELECTRONICS USA WHEREAS, the City Council finds the upgraded pipe improvements will be of benefit to taxpayers and ratepayers alike, and will serve the public good, and that the City should bear the increase in costs associated with the upgraded water pipe improvements from an originally planned ten inch line to a 24 inch line, and WHEREAS, total amount to be paid by the City to the IDB is to be capped at a not to exceed amount of $912,663.68 (which includes the newly revised grant match amount of $235,085.00 (15% of the newly revised grant amount), plus $677,578.68 for construction / relocation of utilities, to include upgrade from an originally planned ten inch water pipe line to a 24 inch water pipe line). NOW, THEREFORE, for and in consideration of the covenants and promises to be carried out by each party herein, as well as in the original Interlocal Agreement cited above, it is agreed by and between the parties that the Interlocal Agreement is amended as follows: 1) Delete the second sentence of the first paragraph listed under “WITNESSETH” in its entirety and replace with the following new sentences: The IDB has qualified for grant funds from the State of Tennessee for site improvement work in connection with the LG Electronics USA project (“Project”) in the amount of $1,567,235.00, to be met by a local match of 15% of said grant to be paid by the City ($235,085.00) to the IDB for utility construction / relocation work. The IDB will enter into a single contract with a prime contractor (“Contractor”) to perform only the off‐site utility work in connection with the Project. In connection with the Project, the water pipe to be constructed by the contractor shall be a 24 inch pipe. 2) Page 1, delete Item #4 in its entirety and replace with the following: 4. make payment in an amount not to exceed $912,663.68 to the IDB for the utility work in connection with the Project (which is the sum of the fifteen percent (15%) local match requirement ($235,085.00) of the grant amount to the IDB ($1,567,235.00), plus the increase in construction costs to increase / upgrade the water line size from the originally planned 12 inch water service pipe, to a 24 inch water service pipe; 3) Page 3, delete Item #20 in its entirety and replace with the following: Page 2 of 4  INTERLOCAL AGREEMENT BETWEEN CITY OF CLARKSVILLE AND INDUSTRIAL DEVELOPMENT BOARD – AMENDMENT NO. 1 INDUSTRIAL PARK UTILITY RELOCATION PROJECT – LG ELECTRONICS USA 20. be responsible for any Project‐related costs in excess of the amount of $912,663.68 to paid by the City to the IDB, subject and / or pursuant to any approved change orders; 4) Page 3, delete the last sentence of the last paragraph its entirety. This Amendment One does not change, waive or extend any of the other provisions of the Interlocal Agreement dated July 28, 2017. Page 3 of 4  INTERLOCAL AGREEMENT BETWEEN CITY OF CLARKSVILLE AND INDUSTRIAL DEVELOPMENT BOARD – AMENDMENT NO. 1 INDUSTRIAL PARK UTILITY RELOCATION PROJECT – LG ELECTRONICS USA IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on this, the ______ day of_____________________, 2018. INDUSTRIAL DEVELOPMENT BOARD OF THE COUNTY OF MONTGOMERY, TENNESSEE By: ______________________________ Carl Wilson, Chairman STATE OF TENNESSEE COUNTY OF MONTGOMERY Personally appeared before me, the undersigned, a Notary Public, in and for said County and State, Carl Wilson, Chairman, with whom I am personally acquainted, and who, upon oath, acknowledged that he executed the within instrument for the purposes therein contained, and who further acknowledged that he is the Chairman of the maker, Industrial Development Board of the County of Montgomery, Tennessee, and he is authorized by the maker to execute the instrument on behalf of the maker. Witness my hand and seal this ___ day of _____________, 2018. _______________________________________ NOTARY PUBLIC My commission expires ____________________________ (SEAL) THE CITY OF CLARKSVILLE By: _______________________________ Attest: Mayor Kim McMillan Sylvia Skinner, City Clerk STATE OF TENNESSEE COUNTY OF MONTGOMERY Personally appeared before me, the undersigned, a Notary Public, in and for said County and State, Kim McMillan, Mayor, with whom I am personally acquainted, and who, upon oath, acknowledged that they executed the within instrument for the purposes therein contained, and who further acknowledged that they are the Mayor and City Clerk, respectively of the maker, City of Clarksville, a Tennessee Municipal Corporation, and they are authorized by the maker to execute the instrument on behalf of the maker. Witness my hand and seal this ___ day of _____________, 2018. _______________________________________ NOTARY PUBLIC My commission expires ____________________________ (SEAL) Page 4 of 4