City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION SEPTEMBER 6, 2018 MINUTES PUBLIC COMMENTS Jeffrey Stewart had requested to speak to the City Council regarding the Mayor’s attentiveness to constituent but was not present. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, September 6, 2018, in City Council Chambers, 106 PUblic Square, Clarksville, Tennessee. A prayer was offered by Rev. Gwanho Kim, New Eden Presbyterian Church, Guest of Councilman Ron Erb. The Pledge of Allegiance as led by Councilman Jeff Henley. 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), Jeff Henley (Ward 9), Mike Alexander (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) ABSENT: David Allen (Ward 8) SPECIAL RECOGNITIONS There were no special recognitions. CMCSS UPDATE Millard House, Director of Clarksville-Montgomery County School System, updated the City Council on the status of the local school system. Mr. House said 600 new students were recently enrolled and he expected more would be added throughout the current school year. He said the mission was to graduate all students career or college ready and shared information on free resources available for students with social and emotional needs. PLANNING COMMISSION PUBLIC HEARING RESOLUTION 18-2018-19 ​Amending the Clarksville-Montgomery County Growth Plan Councilman Grubbs made a motion to conduct a public hearing regarding the proposed growth plan amendments. The motion was seconded by Councilwoman McLaughlin. There was no objection. No one spoke for or against this resolution. Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilman Garrett. There was no objection. The recommendation of the Regional Planning Staff and Commission was for approval. Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Garrett, Grubbs, Guzman, Henley, McMillan, Powers NAY: Erb, McLaughlin, Smith The motion to adopt this resolution 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 6-2018-19 ​(Second Reading) Amending the Official Code relative to adoption of the 2017 National Electric Code 2. ORDINANCE 7-2018-19 (Second Reading) Amending ORDINANCE 3-2017-18 authorizing purchase of certain property near inglewood drive and Cherokee Trail for the purpose of a city park  3. ORDINANCE 8-2018-19 ​(Second Reading) Authorizing extension of utilities to property on West Gratton Road; request of River Chase Marine Terminal 4. ORDINANCE 9-2018-19 ​(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 intersection of Memorial Drive and Landrum Place from O-1 Office, Medical, Institutional and Civic District to R-4 Multiple Family Residential District 5. ORDINANCE 10-2018-19 (Second 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 6. RESOLUTION 13-2018-19 Approving renewal of a Certificate of Compliance for sale of wine at Silver Dollar Grocery, 2700 Trenton Road 7. Adoption of Minutes: August 2nd Councilman Burkhart made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt the Consent Agenda as presented passed. FINANCE COMMITTEE Jeff Burkhart, Chair ORDINANCE 14-2018-19 ​(First Reading) Amending the FY19 General Fund Operating Budget relating to hotel/motel tax The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. RESOLUTION 12-2018-19 ​Authorizing an interlocal agreement with the Montgomery County 911 Emergency Communications District 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. The following vote was recorded:  AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. RESOLUTION 14-2018-19 ​Authorizing an interlocal agreement between the City of Clarksville and Montgomery County pertaining to division, administration and use of 2018 Byrne Justice Assistance Grant funds The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Powers. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. RESOLUTION 15-2018-19 ​Authorizing incurrence of indebtedness not to exceed $18,000,000 by execution with a Public Building Authority (TMBF) loan agreement to provide funding for certain public works projects, and to fund the incidental and necessary expenses related thereto 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. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. RESOLUTION 16-2018-19 ​Authorizing a loan pursuant to a loan agreement between the City of Clarksville in the principal amount not to exceed $18,000,000, authorizing executive and delivery of such loan agreement, and other documents relating to said loan, approving issuance of a bond by such Public Building Authority (TMBF); providing for application of proceeds of said loan and payment of such indebtedness, consenting to assignment of the City’s obligation under such loan agreement, and certain other matters The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed.  ORDINANCE 17-2018-19 ​(First Reading) Authorizing sale of permanent and temporary easements to TDOT on property at 2215 Madison Street 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. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. RESOLUTION 19-2018-19 ​Authorizing right of entry to TDOT on to property at 2215 Madison Street 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. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. GAS & WATER COMMITTEE Bill Powers, Chair Councilman Powers made a motion to consolidate the vote on the following ordinances. The motion was seconded by Councilwoman Smith. A voice vote was taken; the motion passed. Councilman Powers made a motion to adopt the following ordinances on first reading. The motion was seconded by Councilman Alexander. ORDINANCE 11-2018-19 ​(First Reading) Authorizing extension of utilities to 2924 Dunlop Lane; request of David Smith ORDINANCE 12-2018-19 (First Reading) Authorizing extension of utilities to property on Sango Road; request of Mary Cocke ORDINANCE 13-2018-19 ​(First Reading) Authorizing extension of utilities to property on McAdoo Creek Road; request of Clinton Barger ORDINANCE 15-2018-19 ​(First Reading) Authorizing extension of utilities to property on Sango Drive; request of Brad Weakley The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith  The motion to adopt ​ORDINANCE 11-2018-18-19​, ​ORDINANCE 12-2018-19​, ORDINANCE 13-2018-19​, and ​ORDINANCE 15-2018-19 on first reading passed. Councilman Powers shared the following monthly department statistics: Service Department - 5,600 work orders, 364 after-hours calls, 97,000 meters read; Billing Department - 68,290 bills and notices mailed; Gas Division - 49 natural gas-order responses; Water Treatment Plant - 583 million gallons (67% capacity) of treated water pumped; Wastewater Treatment Plant - 342 million gallons (44% capacity). HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Ron Erb On behalf of Councilman Allen, Councilman Erb said due to the withdrawal of Buffalo Valley as the sponsor for the City’s Shelter Plus Care Grant as of September 1, 2018, the Office of Housing & Community Development began providing support for 19 residents receiving services. He said Housing & Urban Development approved changing the grant from a sponsorship to a permanent support for housing rent, health care, mental health treatment, alcohol and other substance abuse services, child care, case management, counseling, education, and/or job training. PARKS & RECREATION COMMITTEE Valerie Guzman, Chair Councilwoman Guzman invited the public to the annual RiverFest event at McGregor Park and Sleeping Under the Stars. She said the department had recently opened a new B-Cycle station at Austin Peay State University PUBLIC SAFETY COMMITTEE Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes Construction Division - 2,146 inspections, Code Enforcement Division - 523 cases, Administration - 37 single-family permits, Abatement Division - 81 work orders; Fire & Rescue - 1,171 emergency runs; Police - 14,874 responses. STREETS & GARAGE COMMITTEE Mike Alexander, Chair Councilman Alexander shared the following monthly department statistics: Street Department - 265 work orders, paving of Peachers Mill Court, North Magnolia, Buckeye Lane, Aberdeen Court, McIntosh, and Aspen Subdivision; Garage - 422 work orders, unleaded gasoline at $2.20 per gallon and diesel fuel at $2.36 per gallon TRANSPORTATION COMMITTEE Deanna McLaughlin, Chair Councilwoman McLaughlin shared the following monthly department Statistics: Clarksville Transit System - 60,876 passengers including 7,668 Senior Citizen passengers and 669 wheelchair passengers, 3,046 Lift passengers, 3,779 APSU passengers. Councilwoman McLaughlin announced winners of the annual Bus Rodeo: Bus Division 1st Place - Justin Jones, Bus Division 2nd Place - ​Kieran Arnoe​, Van 1st Place - Delwin Gass, Van 2nd Plae - Steven Hester. Councilwoman McLaughlin said repairs were being made to the Legion Street Transfer Station including roof and outside clock replacement and repairs to interior walls and floor. BOARD APPOINTMENTS RESOLUTION 11-2018-19 ​Approving appointments to the Ethics Commission, Parking Commission, Power Board, Residential Development Commission, Senior Citizens Board, and Tree Board Mayor McMillan made a motion to adopt this resolution. The motion was seconded by Councilman Garrett. The following vote was recorded: AYE: Alexander, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The motion to adopt this resolution passed. NEW BUSINESS BACKYARD CHICKENS ORDINANCE 16-2018-19 ​(First Reading) Amending the Official Code relative to keeping of backyard chickens Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Alexander. Councilman Garrett said he had a request from a constituent to lower the space requirement for keeping domesticated hens to allow his special needs daughter to raise chickens. He made a motion to amend this ordinance by substituting instead the following language to mirror the Nashville code: Be it ordained that Sec. 3-109, Paragraph (b), Subparagraph (4), is further amended by deleting “A maximum of six (6) chickens may be permitted on any parcel or tract of property,” and by substituting instead the following:  A maximum of 2 hens for parcels 0 to 5,009 square feet/ 0 to.11 acres, 4 hens for parcels 5,010 to 10,236 square feet/.12 to .23 acres, and 6 hens for parcels 10,237 or more square feet/.24 acres or more may be permitted. The motion was seconded by Councilman Chandler. There was no objection to hearing comments from Building & Codes Director Mike Baker. Mr. Baker said this change would allow keeping of chickens in any subdivision of the City and enforcement would be difficult. In response to Councilman Burkhart’s question whether chickens could be kept on a vacant lot, Mr. Baker said lots must be platted with a principal structure. There was no objection to reverting to regular session. The following vote was recorded: AYE: Burkhart, Chandler, Garrett, Henley, Powers NAY: Alexander, Erb, Grubbs, Guzman, McLaughlin, McMillan, Smith Councilman Garrett’s amendment failed. The following vote on the main motion was recorded: AYE: Alexander, Burkhart, Chandler, Garrett, Guzman, Henley, Powers NAY: Erb, Grubbs, McLaughlin, Smith The motion to adopt this ordinance on first reading, no amendment, passed. HANNUM STREET ABANDONMENT RESOLUTION 17-2018-19 Amending RESOLUTION 32-2018-19 relative to abandonment of public rights-of-way located north of Marion Street and south of Farris Drive Councilman Alexander made a motion to consider this resolution. The motion was seconded by Councilman Burkhart. A voice vote was taken; the motion passed without objection. Councilwoman McLaughlin made a motion to adopt this resolution. The motion was seconded by Councilman Alexander. There was no objection to hearing comments from Traffic Engineer Chris Cowan. Mr. Cowan said the previous resolution identified Drane Street instead of Hannum Street and this resolution would correct the error. There was no objection to reverting to regular session. The following vote was recorded: AYE: Alexander, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith  NAY: Chandler The motion to adopt this resolution passed. MAYOR AND STAFF REPORTS There were no Mayor or Staff reports. ADJOURNMENT The meeting was adjourned at 8:31 p.mn.