City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION APRIL 4, 2019, 7:00 P.M. CITY COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA PUBLIC COMMENTS ● 6:55 p.m. Maurey Bland 1) CALL TO ORDER ​Mayor Joe Pitts 2) PRAYER ​Pastor Katherine Walker, New Jerusalem 5 Fold Ministries (Guest of Councilman Garrett) 3) PLEDGE OF ALLEGIANCE ​Miss Black Clarksville Scholarship Recipients: Miss Black Clarksville: Ajayla Rasin Junior Miss: Shapell Queen Little Miss: Amaiya Stacker Mini Miss: Caiyah Ann Ricks 4) ATTENDANCE ​City Clerk Sylvia Skinner 5) SPECIAL RECOGNITIONS ​Mayor Joe Pitts 6) PLANNING COMMISSION ​Councilman Richard Garrett PUBLIC HEARING 1. ORDINANCE 51-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Yvonne Rhodes, Mark Holleman-Agent, for zone change on property at the intersection of Madison Street and Tenth Street from R-4 Multiple Family Residential District/H-1 to R-2 Single Family Residential District/H-1 ​(RPC: Approval/Approval) 7) CONSENT AGENDA ​City Clerk Sylvia Skinner 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 45-2018-19 (Second Reading) Amending the FY19 Operating Budget to increase appropriations and expenses for the Internal Service Fund 2. ORDINANCE 46-2018-19 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of William Belew for zone change on property at the intersection of Needmore Road and East Boy Scout Road from AG Agricultural District to R-1 Single Family Residential District 3. RESOLUTION 53-2018-19 ​Approving a Certificate of Compliance for operation of University Package Store, 11 Jefferson Street ​(CPD: No Criminal History) 4. RESOLUTION 54-2018-19 Approving a Certificate of Compliance for operation of University Package Store, 502-B Providence Boulevard ​(CPD: No Criminal History) 5. Adoption of Minutes: March 7 8) COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE ​Chairman David Allen 1. Department Report 9) FINANCE COMMITTEE ​Chairman Jeff Burkhart 1. ORDINANCE 48-2018-19 ​(First Reading) Repealing ​ORDINANCE 39-2017-18 and accepting donation of certain real property from Wesley Chapel Christian Methodist Episcopal Church for the purpose of City demolition and authorizing donation of one half of said property to Habitat For Humanity and one half back to the Church ​(Finance Committee: Approval)  2. ORDINANCE 49-2018-19 ​(First Reading) Authorizing purchase of property located at 2289 Cardinal Lane for SR374/Rossview Road widening project (Finance Committee: Approval) 3. RESOLUTION 52-2018-19 Authorizing retirement of a patrol service dog “Solo” from the Clarksville Police K-9 Unit and donation to Police Officer Scruggs (Finance Committee: Approval) 10) GAS & WATER COMMITTEE ​Chairman Bill Powers 1. ORDINANCE 47-2018-19 (First Reading) Authorizing extension of City of Clarksville utility services to property on Excell Road; request of James Vick 2. Department Reports 11) PARKS & RECREATION ​Chairlady Valerie Guzman 1. Department Report 12) PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley 1. Department Reports 13) STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler 1. Department Reports 14) TRANSPORTATION COMMITTEE ​Chairlady Wanda Smith 1. Department Reports 15)NEW BUSINESS 1. ORDINANCE 50-2018-19 (First Reading) Accepting donation of property along the west fork of Red River from Aspire Clarksville Foundation for future development of the Clarksville Greenway ​ Mayor Pitts 2a. Approval to consider ​ORDINANCE 522018-19 ​(¾ majority approval required) 2b. ORDINANCE 52-2018-19 (First Reading) Amending the Official Code relative to sale of beer at Downtown Commons ​(Councilman Henley) 16) MAYOR AND STAFF REPORTS ​Mayor Pitts 17) ADJOURNMENT  ORDINANCE 51-2018-19 AMENDING THE ZONING ​ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF YVONNE RHODES, MARK HOLLEMAN-AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF MADISON STREET AND TENTH 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-4 Single Family Residential District/H-1, as R-2 Single Family Residential District/H-1. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 98 +/- feet southwest of the centerline of the Madison Street & 10th Street intersection, said point also being the northwest corner of the Cecil & Carlene Rhodes property, thence in a southerly direction 140 +/- feet with the western boundary of the Cecil & Carlene Rhodes property to a point, thence in a westerly direction 66 +/- feet along a new zone line to a point, said point being the southeast corner of the William H. Poland property, thence in a northerly direction 141 +/- feet to a point, said point being the northwest corner of the William H. Poland property and located in the southern right of way margin of Madison Street, thence in a easterly direction 64 +/- feet to the point of beginning, said tract containing 0.21 +/- acres further identified as Tax Map 66-K-M. Parcel 6.00 p/o  ORDINANCE 45-2018-19 AN ORDINANCE AMENDING THE 2018-19 OPERATING BUDGETS FOR THE INTERNAL SERVICE FUNDS (ORDINANCE 76-2017-18) AUTHORIZING THE CITY OF CLARKSVILLE TO INCREASE APPROPRIATIONS AND EXPENSES BY $573,000. WHEREAS, the City of Clarksville is self-insured for payment of On the Job Injuries, General Liability Claims and lawsuits, and Auto Liability claims and lawsuits; and ​WHEREAS, the City of Clarksville tries its best to prevent and mitigate loss occurrence events, lawsuits, and injuries, some losses inevitably occur and the City of Clarksville tries to predict the severity of those losses and use those estimated predictions to assign departmental self-insurance premiums to the Internal Service Fund each year during the budget formation process; and WHEREAS, in some circumstances when losses occur the severity of those losses can be forecasted and planned for, in other circumstances those losses are not anticipated, and some of those losses can be severe and catastrophic; and WHEREAS​, there were certain On the Job Injuries that occurred which required significantly more extensive treatment than similar injuries in the past where those past similar injuries were uses as a basis for loss forecasts; and WHEREAS​, there was a severe, catastrophic automobile liability lawsuit that was initially planned for as a future payment, the lawsuit settled quickly and subsequently the funds to pay the claim needs to be appropriated from fund balance; and WHEREAS​, there are some general liability lawsuits where the parties have agreed to settle the claim for a significant amount when those lawsuits were not expected to settle during this fiscal year but rather were expected to go to trial in the next fiscal year, necessitating transfer from fund balance; and WHEREAS​, some general liability claims continue to progress requiring additional funds to defend the City of Clarksville and protect the City’s interest; and WHEREAS​, the City of Clarksville will seek to replenish its Internal Service Fund balance to compensate for these losses through premium allocation increases to all departments over the next few budget cycles to properly allocate for future, unforeseen losses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the following Amendment be made: Self Insurance Fund – 23410003-4520-GLIAB Premiums/Claims Paid Increase $155,000 23410003-4333-GLIAB Legal Services Increase $250,000 23410003-4310-OJI Office Admin Increase $ 36,000 23410003-4520-OJI Premiums/Claims Paid Increase $132,000 BE IT FURTHER ORDAINED​ funds are available from the self-insurance fund balance. FIRST READING: March 7, 2019 SECOND READING: EFFECTIVE DATE:  ORDINANCE 46-2018-19 AMENDING THE ZONING ​ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF WILLIAM BELEW FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF NEEDMORE ROAD AND EAST BOY SCOUT ROAD 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 AG Agricultural District, as R-1 Single Family Residential District. PUBLIC HEARING: March 7, 2019 FIRST READING: March 7, 2019 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 2,556 +/- feet in a southeasterly direction, from the Needmore Road & East Boy Scout Road intersection, said point being in the western right of way margin of Needmore Road and further identified as the southeast corner of the Burford Wall Farm, LLC property, thence in a southeasterly direction 110 +/- feet with the western right of way margin of Needmore Road, to a point, said point being the northeast corner of the Mrs. Thomas F. Cohoon % Sally E. Salerno property, thence in a westerly direction with the northern boundary & western boundary 4,229 +/- feet to a point, said point being north bank of Big West Fork Creek, thence in a westerly, northerly & easterly direction, 9,395 +/- feet with the northern, eastern and southern banks of Big West Fork Creek to a point, said point being the southwest corner of the William H. Scoggin III property, thence in a easterly direction with the southern boundary of the Scoggin property & the Buford Wall Farm LLC property to the point of beginning. Said herein described tract containing 231.2 +/- acres, further identified as Tax Map 31. Parcel 8.00.  ORDINANCE 47-2018-19 AN ORDINANCE AUTHORIZING EXTENSION OF CITY OF CLARKSVILLE UTILITY SERVICES OUTSIDE THE CLARKSVILLE CITY LIMITS; REQUEST OF JAMES VICK FOR PROPERTY LOCATED ON EXCELL ROAD WHEREAS, proper application has been made by Vernon Weakley, PE on behalf of James Vick for extensions of City utility service to property located at Cmap 88, Parcel 39.00 with the property address of Excell Road outside the corporate boundary of the City, said property and the extension of service thereto, which is more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City of Clarksville Gas and Water Department has recommended approval of said application; and WHEREAS, the Gas, Water and Sewer Committee of the Clarksville City Council has recommended approval of said application; and WHEREAS, the Clarksville City Council finds that all of the requirements of City Code Section 13-405 have been or are satisfied and the extension of water and sewer service to property as described in Exhibit A will be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the City of Clarksville Gas, Water and Sewer Department is hereby authorized to extend utility service to property located at Cmap 88, Parcel 39.00 with the property address of Excell Road outside the City corporate limits as described in Exhibit A attached hereto and incorporated herein and subject to and in accordance with the provisions of the City Code and Ordinance 37-2009-10. FIRST READING: SECOND READING: EFFECTIVE DATE EXHIBIT A  RESOLUTION 53-2018-19 A RESOLUTION APPROVING A RETAIL LIQUOR STORE CERTIFICATE OF COMPLIANCE FOR OPERATION OF UNIVERSITY PACKAGE STORE (11 JEFFERSON STREET) WHEREAS, Steven A. Howard has applied for a Certificate of Compliance from the City of Clarksville according to regulations of the Tennessee Alcoholic Beverage Commission, for operation of University Package Store, currently located at 11 Jefferson Street; and WHEREAS, according to a local criminal history check, the applicant 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 applicant has 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; and WHEREAS, Mr. Howard is in the process of selling the business known as University Package Store located at 11 Jefferson Street to an individual who intends to relocate 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 Steven A. Howard for operation of University Package Store, 11 Jefferson Street, Clarksville, Tennessee. BE IT FURTHER RESOLVED ​that upon the opening of University Package Store at 502-B Providence Boulevard, the Certificate of Compliance for University Package Store at 11 Jefferson Street shall be rescinded. ADOPTED:  RESOLUTION 54-2018-19 A RESOLUTION APPROVING A RETAIL LIQUOR STORE CERTIFICATE OF COMPLIANCE FOR OPERATION OF UNIVERSITY PACKAGE STORE (502-B PROVIDENCE BOULEVARD) WHEREAS, Kinfe T. Kahasay has applied for a Certificate of Compliance from the City of Clarksville according to regulations of the Tennessee Alcoholic Beverage Commission, for operation of University Package Store, Inc., 502-B Providence Boulevard; and WHEREAS, according to a local criminal history check, the applicant who is 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 applicant has 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 Kinfe T. Kahasay for operation of University Package Store, 502-B Providence Boulevard, Clarksville, Tennessee. BE IT FURTHER RESOLVED ​that the City of Clarksville Building & Codes Department has determined that 502-B Providence Boulevard is not within 1,500 feet of another retail liquor store. BE IT FURTHER RESOLVED ​that upon the opening of University Package Store at 502-B Providence Boulevard, the Certificate of Compliance for University Package Store located at 11 Jefferson Street shall be rescinded. ADOPTED:  CLARKSVILLE CITY COUNCIL REGULAR SESSION MARCH 7, 2019 MINUTES PUBLIC COMMENTS Prior to the meeting, Cindy Stonebraker shared information about the ​Hershel Woody Williams Medal of Honor Foundation and presented Mayor Pitts and members of the City Council with a Gold Star pin. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, March 7, 2019, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by First Lady Cynthia Pitts; the Pledge of Allegiance was led by Cub Scout “Arrow of Light” Pack #516 (Erin Taryla, Troop Leader). ATTENDANCE PRESENT: Vondell Richmond (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4) Valerie Guzman (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7), David Allen, Mayor Pro Tem (Ward 8), Jeff Henley (Ward 9), Stacey Streetman (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (12) ABSENT: Richard Garrett (Ward 1) SPECIAL RECOGNITIONS Mayor Pitts congratulated Councillady Guzman for recently being named Chief Executive Officer of the Greater Clarksville Region of the United Way. PLANNING COMMISSION ZONING AMENDMENT POSTPONED ORDINANCE 28-2018-19 ​(First Reading; Postponed December 6, 2018) Amending the City of Clarksville Zoning Ordinance relative to ghost signs, murals, and works of art Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Guzman. Councillady Smith made a motion to postpone action indefinitely to allow the City Attorney and the Director of the Regional Planning Commission additional time to evaluate potential changes. The motion was seconded by Councilman Henley. Councillady Streetman said she would not vote because she was currently serving on a subcommittee of the Two Rivers Company who had petitioned for the changes. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith ABSTAIN: Streetman The motion to postpone action indefinitely on this ordinance passed. ZONING: PUBLIC HEARING Councilman Allen made a motion to conduct a public hearing to hear comments regarding requests for rezoning. The motion was seconded by Councilman Henley. There was no objection. ORDINANCE 46-2018-19 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of William Belew for zone change on property at the intersection of Needmore Road and East Boy Scout Road from AG Agricultural District to R-1 Single Family Residential District William Belew offered to answer questions; none were asked. No one expressed opposition to this change. There was no objection to reverting to regular session. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 46-2018-19. ​Councilman Allen made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman NAY: Chandler, Erb  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 39-2018-19 ​(Second Reading) Authorizing extension of utility services to 160 Excell Road; request of Krueckerberg, LLC 2. ORDINANCE 40-2018-19 (Second Reading) Authorizing extension of utility services to property on Rossview Road; request of C & H & Properties 3. ORDINANCE 41-2018-19 ​(Second Reading) Amending the Official Code to reapportion the City of Clarksville for the purpose of electing persons for the office of City Council Member [recently annexed territory east of Swift Fox Drive and off Rossview Road] 4. ORDINANCE 42-2018-19 ​(Second Reading) Amending the Zoning Ordinance and map of the City of Clarksville, application of Ben Kimbrough, Coy Baggett, Jr., et al, Sango Place/Cal McKay-Agent, for zone change on property located south of 101st Airborne Division Parkway, east of Fort Campbell Boulevard, and west of Victory Road from C-5 Highway & Arterial Commercial District to C-2 General Commercial District 5. ORDINANCE 43-2018-19 ​(Second Reading) Amending the Zoning Ordinance and map of the City of Clarksville, application of WBW Developers Group for zone change on property at the northwest corner of 101st Airborne Division Parkway and Ash Ridge Drive from C-5 Highway & Arterial Commercial District to C-2 General Commercial District 6. RESOLUTION 47-2018-19 Approving an appointment to the Regional Historic Zoning Commission and Common Design Review Board ● Regional Historic Zoning Commission & Common Design Review Board: Councillady Wanda Smith - Coterminous 7. RESOLUTION 48-2018-19 Approving a Certificate of Compliance for retail liquor sales for Sango Wine & Spirits (1049 Highway 76) ​(CPD: No Criminal History) 8. RESOLUTION 50-2018-19 Approving a Certificate of Compliance for sale of wine at Aldi’s (1570 Fort Campbell Boulevard) ​(CPD: No Criminal History) 9. Adoption of Minutes: February 7 Councilman Burkhart made a motion to adopt the Consent Agenda. The motion was seconded by Councilman Powers. Councilman Burkhart recorded an abstention on ORDINANCE 43-2018-19 because he was a partner in the proposed development. The following vote was recorded:  AYE: Allen, Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman The motion to adopt the Consent Agenda, with the noted abstention, passed. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE ​Chairman David Allen Councilman Allen shared the following results from the January 23rd Continuum Care Annual Point in Time count of local homeless citizens: unsheltered/on streets - 14, emergency shelters - 91, schools - 40, rapid re-housing - 17, and transitional housing - 29, for a total of 191. Councilman Allen noted the City’s Shelter Plus Grant had been renewed and $118,796 was awarded for case management, housing assistance, and for mentally and physically handicapped persons. FINANCE COMMITTEE ​Chairman Jeff Burkhart ORDINANCE 45-2018-19 (First Reading) Amending the FY19 Operating Budget to increase appropriations and expenses for the Internal Service Fund 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 Chandler. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. RESOLUTION 49-2018-19 ​Repealing RESOLUTION 44-2018-19 and authorizing a REVISED new interlocal agreement between the City of Clarksville and the United States of America (Department of Defense/Department of the Army/Fort Campbell, Kentucky) for transport of natural gas Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman GAS & WATER COMMITTEE ​Chairman Bill Powers Councilman Powers shared the following monthly department statistics: 5,047 service work orders, 374 after-hours responses, 98,557 meter readings, 72,970 bills and notices, 2m556 locate requests, 66 water leaks, 319 hydrant flushes, 500 backflow tests, and 2 sewer overflows. PARKS & RECREATION ​Chairlady Valerie Guzman Chairlady Guzman announced recent recognitions awarded to Clarksville Parks & Recreation: Tennessee Association of Farmer Markets - 1st Place for Best Market Brochure and 2nd Place for Best Market T-Shirt, and Southwest Festival & Events Association - 1st Place Kaleidoscope Award for Best T-Shirt and 2nd Place for Best Event Sponsor for a Seasonal Market. PUBLIC SAFETY COMMITTEE ​Chairman Jeff Henley Chairman Henley shared the following monthly department statistics: Building & Codes - 1,446 inspections, 277 enforcement cases, 35 single-family permits, 22 abatement work orders, 4 graffiti removals; Police - 11,493 calls, 3 new Cadets; Fire & Rescue - ongoing residential fire alarm installation. STREETS & GARAGE COMMITTEE ​Chairman Tim Chandler Councilman Chandler shared the following monthly department statistics: Garage - 370 work orders, unleaded fuel at $1.765/gallon, diesel fuel at $1.96/gallon; Streets - 192 work orders, upcoming paving of Outlaw Field, Twelve Oaks Subdivision, Lennox Drive, Peachtree Subdivision, and Meadowbrook Subdivision. Councilman Chandler asked for input regarding potential changes to the current sidewalk policy, and mentioned the possibility of developing a public awareness program regarding pedestrian safety. TRANSPORTATION COMMITTEE ​Chairlady Wanda Smith Councillady Smith shared the following monthly department statistics: 53,955 passengers (senior citizens - 6,068, paratransit/Lift - 3,268) NEW BUSINESS INDUSTRIAL DEVELOPMENT BOARD Councilman Burkhart made a motion to consider ​RESOLUTION 51-2018-19​. The motion was seconded by Councillady Smith (¾ majority approval required). The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman The motion to consider passed.  RESOLUTION 51-2018-19 ​Pertaining an interlocal agreement between the Montgomery County Industrial Development Board, Montgomery County, and the City of Clarksville regarding distribution of proceeds from the sale of IDB property (Atlas BX) Councillady Smith made a motion to adopt this resolution. The motion was seconded by Councillady Guzman. Mayor Pitts said this resolution would allow the Clarksville-Montgomery County Industrial Development Board to retain proceeds, approximately $687,000, from the sale of the Atlas BX property. He said the resolution is necessary because the existing interlocal agreement specifies that proceeds from sale of property in the industrial park must be equally shared by the City and Montgomery County. These proceeds would allow the IDB to match a state grant for new site development. The following vote was recorded: AYE: Allen, Burkhart, Chandler, Erb, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman The motion to adopt this resolution passed. MAYOR AND STAFF REPORTS Councilman Allen offered well wishes to Councilman Garrett following his recent surgery. ADJOURNMENT The meeting was adjourned at 7:25 p.m.  ORDINANCE 49-2018-19 AN ORDINANCE AUTHORIZING PURCHASE OF PROPERTY AT 2289 CARDINAL LANE FOR WIDENING OF SR 237/ROSSVIEW ROAD PROJECT WHEREAS, property acquisition of a permanent utility easement and a temporary construction easement is necessary for the relocation of utilities to complete the TDOT Road Widening of SR 237 Rossview Road Project; and WHEREAS, the City of Clarksville Gas & Water Department and the property owner have agreed to purchase property located at 2289 Cardinal Lane Tract 25 (Cmap 057, Parcel 015.00) at 25% of the appraised land value for the price of $43,259.00 for permanent utility easement and 10% of the appraised land value for a total of $560.40 for a temporary construction easement for a total not to exceed $43,819.40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby authorizes the purchase of property at 2289 Cardinal Lane Tract 25 (Cmap 057, Parcel 015.00) for the TDOT Road Widening of SR237/Rossview Road Project, not to exceed $43,819.40. FIRST READING: SECOND READING: EFFECTIVE DATE:  RESOLUTION 52-2018-19 A RESOLUTION AUTHORIZING RETIREMENT OF A PATROL SERVICE DOG “SOLO” FROM K-9 UNIT AND DONATION TO POLICE OFFICER JOSEPH SCRUGGS WHEREAS, the City of Clarksville, Clarksville Police Department (CPD) has previously established a K-9 Unit; and WHEREAS, the CPD K-9 Unit consists of certain Officers of the Clarksville Police Department and patrol service dogs; and WHEREAS, the CPD K-9 Unit purchased a patrol service dog named “Solo” approximately seven years ago; and WHEREAS, “Solo” has developed a chronic ACL tear in his back leg which prohibits him from performing duties as a Patrol Service Dog; and WHEREAS, “Solo” should be retired from police work due to the aforesaid leg problem, as recommended by Ronald E. Whitford, DVM; and WHEREAS, the long-term outlook or prospects for “Solo” if he were to be sold by the City for fair market value appear dubious, with little return likely for the City; and WHEREAS, the fair market value for replacing a police service dog is approximately $7,000.00; and WHEREAS, “Solo” has rendered faithful performance and conducted himself in a most exemplary manner while serving as a member of the CPD K-9 Unit; and WHEREAS, the main handler for “Solo” is CPD Officer Joseph Scruggs, who has agreed to accept the donation of “Solo” and provide him with care and necessary upkeep, and release the City of Clarksville of all liability; and WHEREAS, the Clarksville City Council is of the considered opinion that donation of “Solo” to his main CPD Officer handler is in the best interests of all parties concerned. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby authorizes the Clarksville Police Department to retire a K-9 known as “Solo” from the K-9 Unit and donate same to his main handler, CPD Officer Joseph Scruggs. ADOPTED:  ORDINANCE 50-2018-19 AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY FROM THE ASPIRE CLARKSVILLE FOUNDATION TO THE CITY FOR FURTHER DEVELOPMENT OF THE CLARKSVILLE GREENWAY. WHEREAS, the Aspire Clarksville Foundation desires to grow the local economy through exceptional project recruitment which is enhanced with the existence of a workforce that possesses a high quality of life, and WHEREAS, a mature Greenway system makes many positive contributions to an increased quality of life for the Community’s workforce, and WHEREAS, the CMC Community Health Foundation, being in agreement as to the positive impact that a mature Greenway system has on a community’s health, has made possible the purchase of prospective Greenway land through a generous grant of funds, and WHEREAS, the Aspire Clarksville Foundation has approved the purchase of 15.86+- acres of land along the West Fork of the Red River (ORV 1150, Page 1263) from J&N Enterprises in accordance with the Board’s action at the January 29, 2019 meeting, as is evidenced by Exhibit A attached hereto and incorporated herein, and WHEREAS, Aspire Clarksville Foundation, through appropriate Board action, has approved the donation of the aforesaid land to the City of Clarksville for the purpose of further development of the Clarksville Greenway within ten (10) years, with the restriction that upon failure of the City to action to use the property for the purpose of and in furtherance of development of the Clarksville Greenway, then said property shall revert back to Clarksville Aspire Foundation ownership, all in accordance with the provisions of Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: The City of Clarksville, acting through the Clarksville City Council, hereby approves and accepts the donation of certain real property from the Clarksville Aspire Foundation, being 15.86+- acres of land along the West Fork of the Red River (ORV 1150, Page 1263) acquired by Aspire from J&N Enterprises, for the purpose of further development of the Clarksville Greenway within ten (10) years, with the restriction that upon failure of the City to action to use the property for the purpose of and in furtherance of development of the Clarksville Greenway, then said property shall revert back to Clarksville Aspire Foundation ownership, all in accordance with the provisions of Exhibit A, and the Mayor is hereby authorized to execute any and all documents, to include any quit claim or general warranty deed, necessary to effectuate said transfer of land from Aspire to the City for the purposes described herein. FIRST READING: SECOND READING: EFFECTIVE DATE:  ORDINANCE 52-2018-19 AN ORDINANCE AMENDING PART II (CODE OF ORDINANCES), TITLE 2 (ALCOHOLIC BEVERAGES), CHAPTER 1 (BEER) OF THE OFFICIAL CODE OF THE CITY OF CLARKSVILLE RELATIVE TO BEER PERMITS [DOWNTOWN COMMONS] WHEREAS, the City Council has determined that it is appropriate to amend the Official Code of Ordinances of the City of Clarksville pertaining to beer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: (1) That ​Section 2-105​, pertaining to beer “classes of permits,” is amended by adding a new sub-section six (6) as follows: Section 2-105. Classes of permits. (6) With regard to any “on sale,” “special event,” or “caterer” beer permit application, or such beer permit issued, in connection with any event to be held or located at the “Downtown Commons,” the definition of “premises” (or permit “location”) shall mean and include any closed and blocked off or barricaded street contiguous to the Downtown Commons, as well as the boundaries of the Downtown Commons (said Downtown Commons property being owned by Montgomery County, which has exclusive authority and jurisdiction pursuant to state law of general application to issue, suspend, revoke beer permits and to otherwise regulate the sale, distribution, manufacture, storage, and possession of beer, as defined in state law of general application, within the real property boundaries of the Downtown Commons). It is the intent of this sub-section that “beer trucks,” “beer trailers,” and “beer tent” owners, sellers, and distributors, that are located within any closed and blocked off or barricaded street contiguous to the Downtown Commons, during an event being held at the Downtown Commons, after having paid the applicable fee and being issued the appropriate permit, shall not be subject to revocation, suspension, or civil penalty, due to lawful consumers possessing, consuming, or carrying open containers of beer from the aforesaid beer trucks, trailers or tents, into and onto the Downtown Commons. Any such application and / or issued permit shall specify the street name, and whether the permit is for a beer truck, trailer or tent, in addition to all other application and / or permit information otherwise required by state law of general application, this Chapter of the City Code, or by the Beer Board. FIRST READING: SECOND READING: EFFECTIVE DATE: