City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION AUGUST 2, 2018 MINUTES PUBLIC COMMENTS Louis Marshall had requested to speak to the City Council, but was not present. Dr. Willodeen Burton had asked to invite the City Council to a ceremony to honor Veterans buried in the Mount Olive Cemetery, but was not able to attend. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, August 2, 2018, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Rev. Danny Eads, Kenwood Baptist Church, guest of Councilwoman Deanna McLaughlin. The Pledge of Allegiance was led by Councilman Mike Alexander. ATTENDANCE PRESENT: 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) ABSENT: Richard Garrett (Ward 1) SPECIAL RECOGNITIONS There were no special recognitions. PLANNING COMMISSION ZONING PUBLIC HEARING Councilman Grubbs made a motion to conduct a public hearing to receive comments regarding request for zone change. The motion was seconded by Councilwoman McLaughlin. There was no objection. ORDINANCE 9-2018-19 ​(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 intersection of Memorial Drive and Landrum Place from O-1 Office, Medical, Institutional and Civic District to R-4 Multiple Family Residential District Paul Landrum offered to answer questions. There was no expressed opposition. ORDINANCE 10-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of David Stiltner, J. Chris Fielder/DBS & Associates-Agent, for zone change on property located at the intersection of Martin Luther King, Jr., Parkway and South Gateway Plaza from C-4 Highway Interchange District to C-2 General Commercial District Wayne Wilkinson offered to answer questions. There was no expressed opposition. Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilwoman McLaughlin. There was no objection. ADOPTION OF ZONE CHANGES The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 9-2018-19. ​Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Powers. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. The recommendation of the Regional Planning Staff was for disapproval of ORDINANCE 10-2018-19​; the recommendation of the Regional Planning Commission was for approval. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Councilwoman Allen said he supported the intended use for a daycare facility. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith  The motion to adopt this ordinance on first reading passed. ZONING AMENDMENT POSTPONED ORDINANCE 69-2017-18 ​(First Reading; Postponed June 7th) Amending the City of Clarksville Zoning Ordinance relative to ghost signs, murals, and works of art On June 7, 2018, the public hearing for this ordinance was conducted and first reading was postponed to the August 2018 regular session. Planning Director Jeffrey Tyndall asked for additional time for he and the City Attorney to further evaluate this proposal. Councilman Grubbs made a motion to postpone first reading to the December 2018 regular session. The motion was seconded by Councilman Powers. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, Powers, Smith ABSTAIN: McLaughlin The motion to postpone first reading to the December regular session 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 1-2018-19 ​(Second Reading) Authorizing exercise of right of eminent domain to acquire easements, property, and/or rights-of-way for the Lafayette Road widening project 2. ORDINANCE 2-2018-19 ​(Second Reading) Authorizing negotiations for purchase or use of eminent domain to acquire easements for drainage improvements on Lilac Lane 3. ORDINANCE 3-2018-19 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Nick Dattilo for zone change on property located at the intersection of Purple Heart Parkway & Evans Road from RM-1 Single Family Mobile Home Residential District to R-4 Multiple Family Residential District  4. ORDINANCE 4-2018-19 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Dapp Investments, Moore Design Services-Agent, for zone change on property located at the intersection of Ringgold Road and Ringgold Court from R-4 Multiple Family Residential District to R-6 Single Family Residential District 5. RESOLUTION 4-2018-19 ​Approving appointments to the Ethics Commission, Human Relations Commission, Power Board, and Tree Board ​[Removed; see below] 6. RESOLUTION 5-2018-19 ​Renewing the Certificate of Compliance for Billy G. Brown for operation of Bill’s Package Store,1651 Fort Campbell Boulevard 7. RESOLUTION 6-2018-19 ​Rescinding ​RESOLUTION 54-2017-18 ​and approving a Certificate of Compliance for operation of Queen City Liquors, Inc., 101 Profit Drive, Suite A 8. Adoption of Minutes: June 21, June 28, July 5 Councilman Allen requested removal of ​RESOLUTION 4-2018-19​. Councilman Burkhart made a motion to adopt the Consent Agenda as amended. The motion was seconded by Councilman Powers. The following voet was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt the Consent Agenda as amended passed. BOARD APPOINTMENTS RESOLUTION 4-2018-19 ​Approving appointments to the Ethics Commission, Human Relations Commission, Power Board, and Tree Board This items was removed from the original Consent Agenda. Councilwoman Guzman made a motion to adopt this resolution. The motion was seconded by Councilman Allen. Councilwoman McLaughlin made a motion to amend this resolution by deleting the appointment to the Ethics Commission [to be considered September 6th]. The motion was seconded by Councilman Chandler. A voice vote was taken; the amendment passed without objection. The following vote on the main motion as amended was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Jenley, McLaughlin, Smith ABSTAIN: Powers The motion to adopt this resolution as amended passed. FINANCE COMMITTEE Jeff Burkhart, Chair RESOLUTION 7-2018-19 ​Declaring the City’s intent to reimburse itself not to exceed $26,350,000 for certain project expenditures with proceeds of general obligation bonds, notes, or other debt obligations [FY19 Capital Projects] The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. RESOLUTION 8-2018-19 ​Authorizing purchase of natural gas and approving a gas supply agreement with Tennessee Energy Acquisition Corporation The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. Councilman Allen made a motion to amend this resolution by substituting language recommended by the Gas & Water General Manager and the City Attorney. The motion was seconded by Councilwoman McLaughlin. City Attorney Lance Baker said there were no substantive revisions to the agreement, but some language was being changed for clarity. There was no objection to hearing comments from Gas & Water General Manager Pat Hickey. Mr. Hickey noted the change from 5,655 MMBtu to 10,700 MMBtu was made to correctly reflect the highest volume to be purchased in a given day. There was no objection to reverting to regular session. The following vote on the amendment was recorded: AYE: Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Jnley, McLaughlin, Powers, Smith NOTE: Councilman Alexander was not present for this vote. The amendment passed. Councilman Burkhart expressed concern that this 30-year obligation needs additional study and made a motion to postpone the vote to the September regular session. The motion was seconded by Councilwoman Smith. Councilman Chandler said City residents would pay for only what natural gas was used. Mayor McMillan and Councilman Allen said if the vote were postponed, the City could miss an opportunity to lower residents’ natural gas prices. Councilman Henley noted there would be periods during the contract that the City could opt out and not purchase any gas if rates increase. Mr. Hickey also said the contract would allow the City to purchase natural gas below market. Councilman Alexander called for the question on the motion to postpone. The  question was seconded by Councilman Chandler. A voice vote was taken; the motion to cease discussion passed. The following vote was recorded: AYE: Burkhart, Smith NAY: Alexander, Allen, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers The motion to postpone failed. Councilman Powers said he supports approval of this contract which would begin in 2021. The following vote on the main motion was recorded: AYE: Alexander, Allen, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers NAY: Burkhart, Smith The motion to adopt this resolution as amended passed. GAS & WATER COMMITTEE Bill Powers, Chair ORDINANCE 8-2018-19 ​(First Reading) Authorizing extension of utilities to property on West Gratton Road; request of River Chase Marine Terminal The recommendation of the Gas & Water Committee was for approval. Councilman Powers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Alexander. Councilman Powers said a portion of this development that was inside the city limits was rezoned in July, and noted this request was for property outside the city limits. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. Councilman Powers shared the following monthly department statistics: Service Department - 5,708 work orders completed, 97,000 meters read; Billing - 66,851 bills mailed; Engineering - 3,065 locate requests; Water Division - 44 water leak repairs, 305 water hydrants flushed, 1,356 backflow devices tested. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said Tennessee Housing Development Agency approved the City’s application for the 2018 Emergency Solutions Grant in the amount of $161,250 for shelter operations ($67,206), prevention ($5,000), rapid re-housing ($64,490), data collection ($13,304), administration ($11,250). PARKS & RECREATION Valerie Guzman, Chair Councilwoman Guzman noted recreational events including the upcoming Back To School Party, Billy Dunlop Park cleanup, Downtown Market, and a pop-up market at McGregor Park on August 8. PUBLIC SAFETY COMMITTEE Geno Grubbs, Chair ORDINANCE 6-2018-19 ​(First Reading) Amending the Official Code relative to adoption of the 2017 National Electric Code The recommendation of the Public Safety Committee was for approval. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Erb. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. Councilman Grubbs shared the following monthly department statistics: Building & Codes - Construction Division - 1,880 inspections, Code Enforcement - 396 cases, Administration - 77 single family permits, Abatement - 88 work orders; Fire & Rescue - 1,271 emergency calls; Police - 14,143 responses STREETS & GARAGE COMMITTEE Mike Alexander, Chair Councilman Alexander shared the following monthly department statistics: Garage - 358 work orders with regular gas at $2.33 and diesel fuel at $2.23 per gallon; Streets - 271 work orders. TRANSPORTATION COMMITTEE Deanna McLaughlin, Chair Councilwoman McLaughlin shared the following monthly department statistics: Clarksville Transit System - 57,176 passengers, a 4% increase over the previous year. The total included 7,133 senior citizens (11% increase), 666 wheelchair passengers, and 2,905 Lift passengers, (13% increase), and 2,187 APSU students. CTS transported 1,956 passengers to and from the Independence Day event in Liberty Park on July 3rd. NEW BUSINESS ORDINANCE 7-2018-19 ​(First Reading) Amending ​ORDINANCE 3-2017-18 authorizing purchase of certain property near inglewood drive and Cherokee Trail for the purpose of a city park [Urban Wilderness]  Mayor McMillan made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Chandler. Mr. Baker said it was necessary to amend the legal description of the park property to omit two small parcels that should not have been included. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The motion to adopt this ordinance on first reading passed. RESOLUTION 9-2018-19 ​Pertaining to an economic impact plan regarding a hotel/conference center development Mayor McMillan made a motion to adopt this resolution. The motion was seconded by Councilman Allen. Mayor McMillan made a motion to amend this resolution by substituting language as recommended by the City Attorney to allow different developers to participate. The motion was seconded by Councilman Allen. Mr. Baker said Montgomery County would not be required to adopt a revised resolution. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The amendment passed. The following vote on the main motion was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The motion to adopt this resolution as amended passed. RESOLUTION 10-2018-19 ​Initial resolution authorizing issuance of capital outlay notes for reimbursement for purchase of land Mayor McMillan made a motion to adopt this resolution. The motion was seconded by Councilman Chandler. Councilman Chandler made a motion to to amend this resolution by substituting language as recommended by The City Attorney and the Chief Financial Officer. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The amendment passed. The following vote on the main motion was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The motion to adopt this resolution as amended passed. MAYOR AND STAFF REPORTS There were no Mayor or Staff reports. ADJOURNMENT The meeting adjourned at 8:14 p.m.