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City Council

Regular Meeting

Clarksville, TN · May 17, 2018

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Minutes

CLARKSVILLE CITY COUNCIL SPECIAL SESSION MAY 17, 2018 MINUTES CALL TO ORDER A special session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, May 17, 2018, at 4:45 p.m., immediately following a special meeting of the Finance Committee, in City Council Chambers, 106 Public Square, Clarksville, Tennessee A prayer was offered by Councilman Jeff Burkhart; the Pledge of Allegiance was led by Councilman Geno Grubbs. 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; arrived 4:51 p.m.), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) SENSE OF COUNCIL RESOLUTION 52-2017-18 ​Expressing the sense of the City Council pertaining to the City’s investment in the athletic complex, roads, and infrastructure The City Clerk read the entire resolution. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. Councilman Burkhart the City should consider a TIF TO pay for an athletic complex. Councilwoman McLaughlin said this resolution does not guarantee equal spending for any projects. Councilwoman Smith said no infrastructure improvements are specified in this legislation. Councilman Alexander made a motion to amend this resolution by deleting the following language: WHEREAS, the City of Clarksville has decided to embark on a plan to construct a multipurpose athletic complex for the benefit of the citizens of the Clarksville area and the region as a whole for recreational activities and organized sporting events; and The motion was seconded by Councilman Garrett. The following vote was recorded: AYE: Alexander, Allen, Erb, Garrett, McLaughlin NAY: Burkhart, Chandler, Grubbs, Guzman, Henley, McMillan, Powers, Smith Councilman Alexander’s amendment failed. Councilman Powers expressed support for the athletic complex project. Councilman Alexander called for a point of order and stated Councilman Powers’ comments were not relative to the resolution. Mayor McMillan ruled in favor of the point of order. Councilman Burkhart said he supports road improvements and said the complex should pay for itself. In response to Councilman Allen’s question, City Attorney Lance Baker said this resolution is an expression of the will of the Council, but is not binding. Councilman Garrett called for the question. The question was seconded by Councilman Alexander. A voice vote was taken; with some objection, the motion to cease discussion passed. The following vote on the main motion was recorded: AYE: Burkhart, Chandler, Grubbs, Guzman, Henley, McMillan, Powers NAY: Alexander, Allen, Erb, Garrett, McLaughlin, Smith The motion to adopt this resolution passed. ATHLETIC COMPLEX ORDINANCE 63-2017-18 ​(First Reading) Authorizing the Mayor, through the City Attorney or his designee, to conduct negotiations and enter into an agreement for purchase of certain properties on Rossview Road Mayor McMillan made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. Councilwoman McLaughlin called for a point of order stating this property was the same that was previously disapproved [ORDINANCE 59-2017-18, May 3, 2018]. She noted this ordinance referred to the same property at the same cost as the ordinance that was disapproved. City Attorney Lance Baker felt this ordinance contained a material difference from the previously denied ordinance. Mayor McMillan ruled the code prohibiting reintroduction of a denied ordinance [“Redd Rule”] does not apply. Councilwoman McLaughlin made a motion to overturn the ruling of the Chair. The motion was seconded by Councilman Alexander. During Mr. Baker’s comments, Councilman Garrett called for a point of order stating the City Attorney was sharing his opinion without being asked to do so. Mayor McMillan said the City Attorney’s comments would cease. Councilman Chandler called for the question. The question was seconded by Councilman Alexander. There was no objection to ceasing discussion on the motion to overturn the ruling. Councilwoman McLaughlin felt the Mayor should abstain from voting on the motion to overturn the ruling. The following vote was recorded: AYE: Allen, Erb, Garrett, McLaughlin, Smith NAY: Alexander, Burkhart, Chandler, Grubbs, Guzman, Henley, McMillan, Powers The motion to overturn the Mayor’s ruling failed. Councilman Alexander made a motion to reconsider the ruling of the Chair. The motion was seconded by Councilwoman Smith. The following vote was recorded: AYE: Alexander, Allen, Erb, Garrett, McLaughlin, Smith NAY: Burkhart, Chandler, Grubbs, Guzman, Henley, McMillan, Powers The motion to reconsider failed. Councilman Garrett felt 48 hours was not sufficient time to consider this purchase as presented and made a motion to postpone this vote to the next regular session. The motion was seconded by Councilman Alexander. Councilwoman McLaughlin made a motion to amend Councilman Garrett’s motion to postpone this vote to the first reading of the FY19 Budget. The motion was seconded by Councilman Garrett. The following vote was recorded: AYE: Alexander, Allen, Erb, Garrett, McLaughlin, Smith NAY: Burkhart, Chandler, Grubbs, Guzman, Henley, McMillan, Powers The motion to amend Councilman Garrett’s motion failed. The following vote on Councilman Garrett’s motion was recorded: AYE: Alexander, Allen, Erb, Garrett, Mclaughlin, Smith NAY: Burkhart, Chandler, Grubbs, Guzman, Henley, McMillan, Powers The motion to postpone this vote to the next regular session failed. In response to Councilwoman McLaughlin’s question, Mayor McMillan said there was no estimate of the potential financial impact of a complex and did not indicate if funding would be included in the FY19 Budget. She said in the progression of the project, the consultant recommended the first step to be purchase of land. She noted the City would receive 25% of the hotel/motel tax inside the city limits and annexation of this property would take place soon after purchase. In response to Councilman Powers’ point of order, Mayor McMillan ruled the discussion should be about the property purchase and not the upcoming FY19 Budget. Councilman Allen stated there was no plan for how the complex would be paid for; Councilman Chandler said when property is purchased by the City, it is removed from the tax roll. Mayor McMillan ruled in favor of Councilwoman Smith’s point of order that Councilman Chandler was discussing tax revenue and not purchase of the property. Councilman Garrett called for the question on the main motion. The motion was seconded by Councilman Alexander. A voice vote was taken; with some objection, the motion to cease discussion passed. The following vote was recorded: AYE: Burkhart, Chandler, Garrett, Grubbs, Guzman, Henley, McMillan, Powers NAY: Alexander, Allen, Erb, McLaughlin, Smith The motion to adopt this ordinance on first reading passed. ADJOURNMENT The meeting was adjourned at 6:26 p.m.

Agenda

CLARKSVILLE CITY COUNCIL SPECIAL SESSION MAY 17, 2018 IMMEDIATELY FOLLOWING FINANCE COMMITTEE COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA 1) CALL TO ORDER 2) PRAYER​: Councilman Burkhart PLEDGE OF ALLEGIANCE: ​Councilman Grubbs 3) ATTENDANCE 4) ATHLETIC COMPLEX 1. RESOLUTION 52-2017-18 ​Expressing the sense of the City Council pertaining to the City’s investment in the athletic complex, roads, and infrastructure ​(Councilman Burkhart) 2. ORDINANCE 63-2017-18 ​(First Reading) Authorizing the Mayor, through the City Attorney or his designee, to conduct negotiations and enter into an agreement for purchase of certain properties on Rossview Road ​(Mayor McMillan) 5) ADJOURNMENT RESOLUTION 52-2017-18 A RESOLUTION EXPRESSING THE SENSE OF THE CITY COUNCIL PERTAINING TO THE CITY’S INVESTMENT IN THE ATHLETIC COMPLEX, ROADS AND INFRASTRUCTURE WHEREAS, the City of Clarksville has decided to embark on a plan to construct a multipurpose athletic complex for the benefit of the citizens of the Clarksville area and the region as a whole for recreational activities and organized sporting events; and WHEREAS, due to the high rate of growth in the City of Clarksville the City has a continuing need to improve its roads and infrastructure; and WHEREAS, the Clarksville City Council desires to clearly and unequivocally express its intent to invest in an athletic complex, roads and infrastructure. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CLARKSVILLE, TENNESSEE: That it is the sense of the Council to invest equally, to the highest extent practicable, in the both the construction of an athletic complex and roads and infrastructure throughout the City of Clarksville. ADOPTED: ORDINANCE 63-2017-18 AN ORDINANCE AUTHORIZING THE MAYOR, THROUGH THE CITY ATTORNEY OR HIS DESIGNEE, TO CONDUCT NEGOTIATIONS AND ENTER INTO AN AGREEMENT FOR PURCHASE OF CERTAIN PROPERTIES ON ROSSVIEW ROAD WHEREAS, the City of Clarksville finds that establishment of an athletic complex would be a great benefit to the residents’ quality of life; and WHEREAS, Lucien Connell, III, Mary Ann Connell, Margaret E. Connell, and Steven Phillips are the owners of certain real property located on Rossview Road, having Tax Map and Parcel Numbers of 057 021.00, 058 004.04, and 058 004.05, all as set forth in the metes and bounds description attached hereto as Exhibit A; and WHEREAS, Lucien Connell, III, Mary Ann Connell, Margaret E. Connell, and Steven Phillips have offered to sell real property located on Rossview Road, having Tax Map and Parcel Numbers of 057 021.00, 058 004.04, and 058 004.05, as set forth in the metes and bounds description attached hereto as Exhibit A, for the purpose of the establishment of an athletic complex; and WHEREAS, the Clarksville City Council finds it in the public interest to purchase said properties for the public benefit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Mayor, acting through the City Attorney or his designee, may negotiate and enter into an agreement for the purchase of property located on Rossview Road having Tax Map and Parcel Numbers of 057 021.00, 058 004.04, and 058 004.05, as set forth in the metes and bounds description attached hereto as Exhibit A, not to exceed Four Million, Eighty-Three Thousand and 00/100 Dollars ($4,083,000.00), plus reasonable acquisition costs and fees. FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Tax Map 57 Parcel 21.00 Being a tract of land situated in the 1st​ Civil District of Montgomery County Tennessee, North of the Red River, South of SR 237, aka Rossview Road, East of Interstate 24, said tract being recorded in Volume 146 Page 921 in the Montgomery County Registrars Office and being more particularly described as follows: Beginning at an existing iron pin marked DBS #2585 the southeast corner of the Ida Collier property unrecorded, and a west corner of Tract A, South 15 degrees 37 minutes 14 seconds West, 2047.08 feet from the intersection of International Boulevard and Rossview Road, and being on the north line of the property hereon described; Thence from the point of beginning, South 81 degrees 49 minutes 30 seconds East, 557.88 feet to an existing ½” rebar; Thence South 6 degrees 55 minutes 30 seconds West, 1579.84 feet to a point in the east right of way of Interstate 24; Thence along the east right of way of Interstate 24 North 46 degrees 09 minutes 40 seconds West, 698.68 feet to an existing concrete right of way monument; Thence along the east right of way of Interstate 24 North 29 degrees 35 minutes 56 seconds West, 429.04 feet to an existing concrete right of way monument; Thence along the east right of way of Interstate 24 North 11 degrees 24 minutes 29 seconds West, 244.31 feet to an existing concrete right of way monument; Thence along the east right of way of Interstate 24 North 26 degrees 37 minutes 46 seconds West, 175.01 feet to an existing iron pin marked PLS #1562, a corner to Batson Dev. Co. Inc. as recorded in ORV 141 Page 401; Thence along the east line of Batson, North 6 degrees 37 minutes 28 seconds East, 375.18 feet to an iron pin set this survey marked ACR TN PLS #1767 in the south line of Collier; Thence along the south line of Collier, South 81 degrees 53 minutes 05 seconds East, 536.89 to the point of beginning. The above described tract contains 27.791 acres. Tax Map 58 Parcel 4.04 Being a tract of land situated in the 1st​ Civil District of Montgomery County Tennessee, North of the Red River, South of SR 237, aka Rossview Road, East of Interstate 24, said tract being recorded in Volume 1422 Page 982 in the Montgomery County Registrars Office and being more particularly described as follows: Beginning at a point in the east right of way of Interstate 24 and a southwest corner of Tract B, South 6 degrees 56 minutes 37 seconds West, 4393.88 feet from the intersection of International Boulevard and Rossview Road, and being the northwest corner of the tract hereon described; Thence from the point of beginning, North 85 degrees 35 minutes 57 seconds West, 2098.97 feet to a point in the west line of the Moore Const. Co. property as recorded in Volume 1561 Page 339; Thence along the Moore line South 9 degrees 46 minutes 20 seconds West, 1098.46 feet to an iron pin set this survey marked ACR TN PLS #1767 on the north bank of the Red River near a 30” Sycamore tree; Thence along the north bank of the Red River, South 85 degrees 06 minutes 26 seconds West, 368.89 to an iron pin set this survey marked ACR TN PLS #1767 on the north bank of the Red River; Thence along the north bank of the Red River, South 88 degrees 26 minutes 34 seconds West, 349.60 to an iron pin set this survey marked ACR TN PLS #1767 on the north bank of the Red River; Thence along the north bank of the Red River, South 73 degrees 34 minutes 09 seconds West, 347.59 to an iron pin set this survey marked ACR TN PLS #1767 on the north bank of the Red River and the east right of way of Interstate 24; Thence along the east right of way, North 23 degrees 56 minutes 10 seconds West 579.62 feet to a concrete right of way monument; Thence along the east right of way, North 41 degrees 47 minutes 02 seconds West 225.56 feet to a concrete right of way monument; Thence along the east right of way, North 32 degrees 04 minutes 17 seconds West 675.64 feet to a concrete right of way monument; Thence North 44 degrees 49 minutes 56 seconds West 158.46 feet to the point of beginning. The above described tract contains 42.354 acres. Tax Map 58 Parcel 4.05 Being a tract of land situated in the 1st​ Civil District of Montgomery County Tennessee, North of the Red River, South of SR 237, aka Rossview Road, East of Interstate 24, said tract being recorded in Volume 146 Page 687 and Volume 98 Page 92 in the Montgomery County Registrars Office and being more particularly described as follows: Beginning at an iron pin set this survey marked ACR TN PLS #1767 in the south right of way of Rossview Road, the northeast corner of the Exit 8 Properties as recorded in Volume 1658 Page 2718, the west corner of the Lucien Connell III property as recorded in Volume 141 Page 473, North 76 degrees 09 minutes 45 seconds East, 887.91 feet from the intersection of International Boulevard and Rossview Road, being the northwest corner here on described; Thence from the point of beginning, along the south line of Connell, North 78 degrees 09 minutes 49 seconds East, 501.59 feet to an iron pin set this survey marked ACR TN PLS #1767; Thence along the east line of Connell, North 11 degrees 50 minutes 34 seconds West, 138.60 feet to an existing iron pin marked DBS #2585, a corner to Ann Rees as recorded in Volume 398 Page 1803; Thence along the south line of Rees, North 89 degrees 05 minutes 41 seconds East, 369.15 feet to an iron pin set this survey marked ACR TN PLS #1767; Thence along the south line of Rees, South 84 degrees 29 minutes 47 seconds East, 539.09 feet to an iron pin set this survey marked ACR TN PLS #1767; Thence along the east line of Rees, North 5 degrees 41 minutes 21 seconds East, 909.35 feet to an iron pin set this survey marked ACR TN PLS #1767 in the south right of Rossview Road, 25 feet from the centerline; Thence along the right of way, North 61 degrees 43 minutes 52 seconds East, 120.56 feet to an iron pin set this survey marked ACR TN PLS #1767 in the south right of Rossview Road, 25 feet from the centerline, a corner to Lucien Connell III and Mary Connell as recorded in Volume 1422 Page 982; Thence along the east line of Connell, South 5 degrees 41 minutes 21 seconds West, 976.69 feet to an iron pin set this survey marked ACR TN PLS #1767; Thence along the south line of Connell, South 84 degrees 18 minutes 39 seconds East, 1038.97 feet to an iron pin set this survey marked ACR TN PLS #1767, near a square fence post, in the west line of the Stones Manor Section 2 Subdivision as recorded in Plat Section F Pages 767-770; Thence along Stones Manor Subdivision, South 9 degrees 31 minutes 33 seconds West, 394.58 feet to an existing iron pin marked Suiter #1837; Thence along Stones Manor Subdivision, South 9 degrees 38 minutes 54 seconds West, 659.16 feet to an iron pin set this survey marked ACR TN PLS #1767; Thence along the Moore Const. Co. Inc. property as recorded in Volume 1561 Page 339, South 9 degrees 32 minutes 05 seconds West, 809.75 feet to an iron pin set this survey marked ACR TN PLS #1767; Thence along the Moore Const. Co. Inc. property, South 8 degrees 05 minutes 02 seconds West, 2774.67 feet to an iron pin set this survey marked ACR TN PLS #1767; Thence along the Moore Const. Co. Inc. property, South 9 degrees 46 minutes 20 seconds West, 233.54 feet to a point in the southeast corner of the tract hereon described; Thence South 85 degrees 35 minutes 57 seconds East, 2098.97 feet to a point in the east right of way of Interstate 24; Thence along the east right of way of Interstate 24 North 44 degrees 49 minutes 56 seconds West, 337.73 feet to an existing concrete right of way monument; Thence along the east right of way of Interstate 24 North 43 degrees 49 minutes 15 seconds West, 697.30 feet to a point; Thence leaving the east right of way of Interstate 24 North 6 degrees 55 minutes 30 seconds East, 799.46 feet to a point; Thence South 83 degrees 36 minutes 47 seconds East, 1271.13 feet to a point; Thence North 8 degrees 44 minutes 34 seconds East, 2657.00 feet to a point; Thence North 85 degrees 33 minutes 26 seconds West, 626.93 feet to an existing iron pin marked DBS #2585; Thence North 9 degrees 44 minutes 11 seconds West, 511.83 feet to the point of beginning. The above described tract contains 235.395 acres.

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