Clarksville City Council Regular Session March 7, 2019, 7:00 Pm

CLARKSVILLE CITY COUNCIL REGULAR SESSION MARCH 7, 2019, 7:00 P.M.

CITY COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE

AGENDA

PUBLIC COMMENTS ● 6:55 p.m. Cindy Stonebraker

1) CALL TO ORDER Mayor Joe Pitts

2) PRAYER First Lady Cynthia Pitts

3) PLEDGE OF ALLEGIANCE Cub Scout “Arrow of Light” Pack #516 Erin Taryla, Troop Leader

4) ATTENDANCE City Clerk

5) SPECIAL RECOGNITIONS Mayor Joe Pitts

6) PLANNING COMMISSION Councilman Richard Garrett

ZONING AMENDMENT POSTPONED

1. 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 (RPC: Approval/Approval)

ZONING: PUBLIC HEARING AND FIRST READING

1. 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 from AG Agricultural District to R-1 Single Family Residential District (RPC: Approval/Approval)

7) CONSENT AGENDA City Clerk

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

8) COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE Chairman David Allen

1. Department Reports

9) FINANCE COMMITTEE Chairman Jeff Burkhart

1. ORDINANCE 45-2018-19 (First Reading) Amending the FY19 Operating Budget to increase appropriations and expenses for the Internal Service Fund (Finance Committee: Approval)

2. 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 (Finance Committee: Approval)

10)GAS & WATER COMMITTEE Chairman Bill Powers

1. Department Report

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

1a. Approval to consider RESOLUTION 51-2018-19 (¾ majority approval required) Mayor Pitts

1b. 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) (Mayor Pitts)

16) MAYOR AND STAFF REPORTS Mayor Joe Pitts

17) ADJOURNMENT

ORDINANCE 28-2018-19

AN ORDINANCE AMENDING THE CITY OF CLARKSVILLE TENNESSEE ZONING ORDINANCE RELATIVE TO GHOST SIGNS, MURALS, AND WORKS OF ART

WHEREAS, The Clarksville City Council conducted a public hearing for ORDINANCE 69-2017-18, amending the City of Clarksville, Tennessee Zoning Ordinance relative to ghost signs, murals, and works of art, on June 7, 2018; and

WHEREAS, The first reading of ORDINANCE 69-2017-18 was postponed by the Clarksville City Council on June 7, 2018 to the August 2, 2018 Regular Session; and

WHEREAS, The first reading of ORDINANCE 69-2017-18 was postponed by the Clarksville City Council on August 2, 2018, to the December 6, 2018 Regular Session; and

WHEREAS, ORDINANCE 69-2017-18 has been renumbered as ORDINANCE 28-2018-19 with no change in language.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE:

That the City of Clarksville, Tennessee Zoning Ordinance, Title 11, is hereby amended as follows:

The following Definitions shall be added alphabetically into Title 11, Chapter 2.2 Definitions. Title 11, Chapter 2.2 Definitions shall be renumbered accordingly.

Definitions:

Ghost Sign- A remaining image of a hand painted sign on the exterior of a building or structure that existed prior to 1970.

Mural- A sanctioned painting, mosaic, other work of art painted or applied to a wall. Work of Art- A sanctioned piece of creative work in the arts, including paintings, sculptures, or other visual artistic expressions.

Renumber the following sections (and corresponding subsections) of Title 11, Chapter 9.4.2 “Design Standards and Guidelines”

2.1 1.10 Flags and Flagpoles 2.2 1.11 Temporary Signs

The following language shall be inserted under Title 11, Chapter 9.4.2 “Design Standards and Guidelines”

1.12 Murals, Works of Art & Ghost Signs - Madison Street Overlay

1.12.1 Approval Process

1.12.1.1 An Application of Appropriateness is required to be reviewed and acted on by the Common Design Review Board.

1.12.1.2 While murals and public art can be a benefit to the community, under no circumstances does the submittal of a proposal guarantee an approval/allowance. The application process is at the applicant’s expense.

1.12.1.3 The Common Design Review Overlay Board shall review the Application based on its appropriateness to the building, site, location, surroundings, numbers of murals/public art and scale to the structure it is proposed. The Common Design Review Overlay Board may vote to recommend approval of the application or disapprove the application. A recommendation of approval permits the application to proceed to final approval.

1.12.1.4 Final Approval of a Mural and/or Work of Art within the Design Overlay Districts shall be by an approved resolution as Public Art by the City Council. No application shall proceed to consideration of City Council without first being granted a recommendation of Approval by the Common Design Overlay Board. Consideration of the final design of the Mural and/or Work of Art lies primarily with the consideration of City Council.

1.12.2 Location

1.12.2.1 Murals and/or Works of Art shall be prohibited on the exterior of any structure located within a Historic Overlay District.

1.12.2.2 It shall be the duty of the Common Design Review Board to preserve the historic character of the surroundings and properties located within the Downtown Overlay District.

1.12.2.3 Mural art may not be located on an unpainted brick structure within any Overlay District under the Common Design Review Board’s purview. Mural art may not cover up any architectural features of the existing building or structure.

1.12.2.4 Mural art shall not be located on a street frontage building facade.

1.12.2.5 Mural art should be located on buildings meeting the current Design Guidelines for the district. Mural art shall not be used to avoid or delay building maintenance or rehabilitation.

1.12.2.6 Under no circumstances should mural art take precedence over the restoration of historic buildings.

1.12.2.7 The location of mural art should be aesthetically pleasing and tastefully placed.

1.12.3 Design

1.12.3.1 Mural art should be reviewed based on its appropriateness to the building, site, location, surroundings, numbers of murals/public art and scale.

1.12.3.2 The replication & rehabilitation of a ghost sign is not considered mural art. Painting over or modifying any part of an existing ghost sign by any part of a mural and/or work of art shall be prohibited.

1.12.3.3 Excessively bright, fluorescent, or neon paints shall not be used.

1.12.4 Materials and Maintenance

1.12.4.1 Mural art shall not damage any historic materials.

1.12.4.2 If a masonry wall has already been painted, the Board may approve the painting of mural art directly onto the structure.

1.12.4.3 Materials shall be of high quality materials and a historic character by using non-synthetic materials.

1.12.4.4 If a mural is not painted onto the façade of a building, mounting details must be provided for review and approval. The application of a mural shall not damage the original material.

1.12.4.5 Murals or Works of Art affixed to an exterior wall shall not project out from the exterior wall or extend above the building eave line or parapet.

1.12.4.6 The installation of a mural or work of art shall not compromise the integrity of the material or structure to which it is applied.

1.12.5 Ghost Signs

1.12.5.1 Ghost signs shall be preserved in their existing state.

1.12.5.2 Any rehabilitation of a ghost sign shall be performed by a professional in the rehabilitation of ghost signs and by means approved by the Common Design Review Board.

The following language shall be inserted under Title 11, Chapter 9.5.3 “Downtown Urban Design Standards and Guidelines”

K. Murals, Works of Art & Ghost Signs – Downtown Overlay District 1. Approval Process a. An Application of Appropriateness is required to be reviewed and acted on by the Common Design Review Board. b. While murals and public art can be a benefit to the community, under no circumstances does the submittal of a proposal guarantee an approval/allowance. The application process is at the applicant’s expense. c. The Common Design Review Overlay Board shall review the Application based on its appropriateness to the building, site, location, surroundings, numbers of murals/public art and scale to the structure it is proposed. The Common Design Review Overlay Board may vote to recommend approval of the application or disapprove the application. A recommendation of approval permits the application to proceed to final approval. d. Final Approval of a Mural and/or Work of Art within the Design Overlay Districts shall be by an approved resolution as Public Art by the City Council. No application shall proceed to consideration of City Council without first being granted a recommendation of Approval by the Common Design Overlay Board. Consideration of the final design of the Mural and/or Work of Art lies primarily with the consideration of City Council.

2. Location a. Murals and/or Works of Art shall be prohibited on the exterior of any structure located within a Historic Overlay District. b. It shall be the duty of the Common Design Review Board to preserve the historic character of the surroundings and properties located within the Downtown Overlay District. c. Mural art may not be located on an unpainted brick structure within any Overlay District under the Common Design Review Board’s purview. Mural art may not cover up any architectural features of the existing building or structure. d. Mural art shall not be located on a street frontage building facade. e. Mural art should be located on buildings meeting the current Design Guidelines for the district. Mural art shall not be used to avoid or delay building maintenance or rehabilitation. f. Under no circumstances should mural art take precedence over the restoration of historic buildings. g. The location of mural art should be aesthetically pleasing and tastefully placed.

3. Design a. Mural art should be reviewed based on its appropriateness to the building, site, location, surroundings, numbers of murals/public art and scale. b. The replication & rehabilitation of a ghost sign is not considered mural art. Painting over or modifying any part of an existing ghost sign by any part of a mural and/or work of art shall be prohibited. c. Excessively bright, fluorescent, or neon paints shall not be used.

4. Materials and Maintenance a. Mural art shall not damage any historic materials. b. If a masonry wall has already been painted, the Board may approve the painting of mural art directly onto the structure. c. Materials shall be of high quality materials and a historic character by using non-synthetic materials. d. If a mural is not painted onto the façade of a building, mounting details must be provided for review and approval. The application of a mural shall not damage the original material. e. Murals or Works of Art affixed to an exterior wall shall not project out from the exterior wall or extend above the building eave line or parapet. f. The installation of a mural or work of art shall not compromise the integrity of the material or structure to which it is applied.

5. Ghost Signs a. Ghost signs shall be preserved in their existing state. b. Any rehabilitation of a ghost sign shall be performed by a professional in the rehabilitation of ghost signs and by means approved by the Common Design Review Board.

PUBLIC HEARING: June 7, 2018 POSTPONED: June 7, 2018 to August 2, 2018 Regular Session POSTPONED: August 2, 2018 to December 6, 2018 Regular Session RENUMBERED: November 20, 2018; Previously ORDINANCE 69-2017-18 POSTPONED: December 6, 2018 to March 7, 2019 Regular Session

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: FIRST READING: 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 39-2018-19

AN ORDINANCE AUTHORIZING EXTENSION OF CITY OF CLARKSVILLE UTILITY SERVICES TO 160 EXCELL ROAD; REQUEST OF KRUECKEBERG, LLC

WHEREAS, proper application has been made by Cal McKay, P.E. on behalf of Krueckeberg, LLC for extensions of City utility service to property located at Cmap 81, Parcel 130 with the property address of 160 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 81, Parcel 130 with the property address of 160 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: February 7, 2019 SECOND READING: EFFECTIVE DATE

ORDINANCE 39-2018-19

EXHIBIT A

ORDINANCE 40-2018-19

AN ORDINANCE AUTHORIZING EXTENSION OF CITY OF CLARKSVILLE UTILITY SERVICES TO PROPERTY ON ROSSVIEW ROAD; REQUEST OF C & H PROPERTIES

WHEREAS, proper application has been made by Vernon Weakley, P.E. on behalf of C & H Properties for extensions of City utility service to property located at Cmap 57, Parcels 18 and 19 with the property address of Rossview 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

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 57, Parcels 18 and 19 with the property address of Rossview 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: February 7, 2019 SECOND READING: EFFECTIVE DATE

ORDINANCE 40-2018-19

EXHIBIT A

ORDINANCE 41-2018-19

AN ORDINANCE AMENDING THE OFFICIAL CODE OF THE CITY OF CLARKSVILLE REAPPORTIONING THE CITY OF CLARKSVILLE FOR THE PURPOSE OF ELECTING PERSONS FOR THE OFFICE OF CITY COUNCIL MEMBER [ANNEXED TERRITORY EAST OF SWIFT FOX DRIVE AND ANNEXED TERRITORY OFF ROSSVIEW ROAD]

WHEREAS, Tennessee Code Annotated §6-54-102 provides that municipalities may redistrict into new wards whenever, for proper reasons, they deem it expedient to do so; and

WHEREAS, the Charter of the City of Clarksville, Article II, Section 1., subsection (a), provides that the City shall be divided into twelve (12) wards for the purpose of electing twelve (12) persons for the office of Councilman; and

WHEREAS, the Charter of the City of Clarksville, Article II, Section 1., subsection (b) provides that the City Council shall by ordinance divide the city into twelve (12) wards to apportion the City Council so that the Councilmen elected from wards shall represent substantially equal populations; and

WHEREAS, the Charter of the City of Clarksville, Article II, Section 1., subsection (b) provides that the City Council may reapportion at any time thereafter, if it deems such action necessary to maintain substantially equal representation based on population; and

WHEREAS, the City, through enactment of Ordinance 13-2011-12, adopted September 1, 2011, codified at City Code Section 1-101, has previously approved a redistricting of wards for re-apportionment purposes based on substantially equal populations; and

WHEREAS, the City recently annexed property into the City limits by approval of Resolution 24-2018-2019 and Resolution 33-2018-2019 which contains a metes and bounds legal description of the annexed territories, and which is incorporated herein; and

WHEREAS, due to the recent the annexations, it is necessary to apportion the recently annexed areas into appropriate wards for the purpose of electing persons to the office of City Council member in such a way as to maintain substantially equal representation among the wards based on population and the principle of “one person, one vote;” and

WHEREAS, the Clarksville City Council finds that these objectives can and should be achieved by adding part of the recently annexed properties to the current boundaries of Ward 10, and by adding a separate part of the recently annexed properties to the current boundaries Ward 12, thereby enlarging the territorial area of each such ward, while maintaining a substantially equal representation of population between or among each ward, based on the latest census population data, all as depicted in and on the maps labeled Exhibit A1 (new overall ward boundary map, to include the additional annexed areas added to Wards 10 and 12, and showing no change to any other ward boundary); Exhibit A2 (close-up view of Ward 10 showing additional annexed area being added to Ward 10); and Exhibit A3 (close-up view of Ward 12 showing additional annexed area being added to Ward 12), attached hereto and incorporated herein.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE:

That Section 1-101 of the Official Code of the City of Clarksville is hereby amended by deleting the existing language in its entirety, and by substituting instead the following:

The City of Clarksville is hereby divided into twelve (12) wards of substantially equal population for the purpose of electing twelve city council members in accordance with Article II, Section 1 of the Charter of the City of Clarksville, in accordance with the map attached hereto and incorporated herein as “Exhibit A1 – City Council Wards – 2019.”

The map of the above-described ward boundaries shall be maintained on file in the office of the City Clerk, and a copy in the office of the Regional Planning Commission or any successor agency thereto.

FIRST READING: February 7, 2019 SECOND READING: EFFECTIVE DATE:

ORDINANCE 42-2018-19

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

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 C-5 Highway & Arterial Commercial District, as C-2 General Commercial District.

PUBLIC HEARING: February 7, 2019 FIRST READING: February 7, 2019 SECOND READING: EFFECTIVE DATE:

EXHIBIT A

Beginning at a concrete monument (old), said monument being on the southern right of way of S.R. 374 and the western right of way of Victory Road, said monument also being S 02° 49’; W for a distance of 120 from the centerline intersection of S.R. 374 and Victory Road, said monument also being the northeastern corner of the herein described parcel; Thence, along the said western right of way of Victory road for the next 6 calls, South 06 degrees 40 minutes 16 seconds East for a distance of 134.26 feet to an iron pin old; Thence, South 06 degrees 40 minutes 16 seconds East for a distance of 18.32 feet to the beginning of a non-tangential curve to an iron rod new; Said curve turning to the right through an angle of 25° 11’ 00", having a radius of 310.00 feet, and whose long chord bears South 06 degrees 00 minutes 46 seconds West for a distance of 135.16 feet to an iron pin new; Thence, South 18 degrees 36 minutes 16 seconds West for a distance of 57.30 feet to the beginning of a curve, Said curve turning to the left through 40° 43’ 26", having a radius of 175.00 feet, and whose long chord bears South 01 degrees 45 minutes 27 seconds East for a distance of 121.78 feet to the beginning of a non-tangential curve to an iron pin new; Said curve turning to the left through 34° 01’ 06" having a radius of 175.00 feet, and whose long chord bears South 39 degrees 07 minutes 43 seconds East for a distance of 102.38 feet to the beginning of a non-tangential curve to an iron pin new, said curve the southeastern corner of the herein described parcel; Thence, leaving said Victory Road right of way and along the north property line of the Harvey properties remaining lot of Parcel 58.01 as described in ORV 1212, page 2378, said curve turning to the right through an angle of 00° 43’ 31", having a radius of 1482.40 feet, and whose long chord bears South 34 degrees 13 minutes 20 seconds West for a distance of 18.76 feet to a point of intersection with a non-tangential line to an 3/8" iron rod old; Thence, continuing with said Parcel 58.01, North 84 degrees 47 minutes 22 seconds West a distance of 112.36 feet to an iron rod old, said point being the northeastern corner of lot 24 of the Campbell Mobile Estates subdivision as described in plat book 18, page 18; Thence, continuing along said subdivision along lots 22-23 for the next 2 calls, North 85 degrees 25 minutes 16 seconds West for a distance of 13.91 feet to an iron pin new; Thence, North 85 degrees 25 minutes 16 seconds West for a distance of 425.42 feet to an iron rod old; Thence, along said subdivision along lots 5-16 and lots 21-22 for the next 2 calls, South 70 degrees 44 minutes 29 seconds West for a distance of 1251.11 feet to an iron rod old; Thence, South 71 degrees 29 minutes 24 seconds West for a distance of 125.71 feet to a concrete monument old; Thence, along the northern right of way of Eagle St., South 70 degrees 20 minutes 22 seconds West for a distance of 51.62 feet to a concrete monument, said point being the northeastern corner of the Huneycutt Properties, LP as described in ORV 1009, page 663; Thence, along said Huneycutt properties South 70 degrees 56 minutes 15 seconds West for a distance of 165.28 feet to a concrete monument old located in the eastern right of way of said Ft. Campbell Blvd.; Thence, leaving said Huneycutt properties and along the eastern right of way of Fort Campbell Blvd., North 15 degrees 04 minutes 47 seconds West for a distance of 60.41 feet to a concrete monument located in the southern right of way of said S.R. 374, said point being the north west corner of the herein described parcel; Thence, leaving said Fort Campbell Blvd. right of way and along the southern right of way of S.R. 374 for the next 4 calls, North 54 degrees 30 minutes 04 seconds East for a distance of 938.92 feet to a concrete monument old; Thence, North 64 degrees 28 minutes 45 seconds East for a distance of 790.71 feet to a concrete monument old; Thence, North 78 degrees 28 minutes 22 seconds East for a distance of 309.27 feet to a concrete monument old; Thence, North 83 degrees 09 minutes 55 seconds East for a distance of 248.36 feet to the point of beginning, said parcel containing 706,025 Square Feet or 16.21 +/- Acres. Further identified as Tax map 30, Parcel(s) 34, 35.05, 58.0 & Tax map 30-N-E, Parcel 10.02 ORDINANCE 43-2018-19

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

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 C-5 Highway & Arterial Commercial District, as C-2 General Commercial District.

PUBLIC HEARING: February 7, 2019 FIRST READING: February 7, 2019 SECOND READING: EFFECTIVE DATE:

EXHIBIT A

Beginning at a point, said point being 166 +/- southwest of the Rowland Ct. & Ash Ridge Drive intersection, located in the west right of way of Ash Ridge Dr., further identified as the southeast corner of the Johnny Piper property, thence in a southerly direction 191 +/- feet with the west right of way margin of Ash Ridge Dr, to a point, said point being the northeast corner of the DG investments X LLC property, thence in a westerly direction, 183+/- feet with the northern boundary of the DG investments X LLC property to a point, said point being the northwest corner of the DG investments X LLC property, thence in a southerly direction 250 +/- feet with the western boundary of the DG investments X LLC property to a point, said point being in the northern right of way margin of TDOT SR 374, thence in a westerly direction 212 +/- feet to a point, said point being the southeast corner of the Thomas W. Gentry property, thence in a northerly direction 439 +/- feet with the eastern boundaries of the Thomas W. Gentry properties to a point, said point being the southwest corner of the Singletary Construction/WBW Developers property, thence in a easterly direction 366 +/- feet with the southern boundary of the Singletary Construction/WBW Developers property & others to the point of beginning, said herein described tract containing 2.79 acres, further identified as Tax map 30-P-O, parcels 2.00 & 4.00.

RESOLUTION 47-2018-19

A RESOLUTION APPROVING AN APPOINTMENT TO THE REGIONAL HISTORIC ZONING COMMISSION AND COMMON DESIGN REVIEW BOARD

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE:

That the Clarksville City Council hereby approves the following appointment:

Regional Historic Zoning Commission and Common Design Review Board: Councillady Wanda Smith - Coterminous

ADOPTED: RESOLUTION 48-2018-19

A RESOLUTION RENEWING A RETAIL LIQUOR STORE CERTIFICATE OF COMPLIANCE FOR OPERATION OF SANGO WINE & SPIRITS

WHEREAS, Jack Miller, Jack G. Miller, LLC, has applied for a Certificate of Compliance from the City of Clarksville according to regulations of the Tennessee Alcoholic Beverage Commission, for operation of Sango Wine & Spirits, 1049 Highway 76; 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.

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 Jack G. Miller, LLC, for operation of Sango Wine & Spirits, 1049 Highway 76, Clarksville, Tennessee.

ADOPTED: RESOLUTION 50-2018-19

A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT ALDI’S

WHEREAS, Jason Chandler Hart, David K. Behm, Charles E. Youngstrom, and Terry Edward Pfortmiller 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 Aldi #20, located at 1570 Fort Campbell Boulevard; and

WHEREAS. the Clarksville Police Department has conducted a review of local criminal history and found the applicant(s) 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, according to the Clarksville Building & Codes Department, the applicant(s) 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 Jason Chandler Hart, David K. Behm, Charles E. Youngstrom, and Terry Edward Pfortmiller for sale of wine at Aldi #20, 1570 Fort Campbell Boulevard, Clarksville, Tennessee.

ADOPTED:

CLARKSVILLE CITY COUNCIL REGULAR SESSION FEBRUARY 7, 2019

MINUTES

PUBLIC COMMENTS

Prior to the meeting, Kirk Zeaman asked for stricter regulations and enforcement of laws relative to fireworks, on-street parking, and door-to-door solicitation.

CALL TO ORDER

The regular session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, February 7, 2019, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee.

A prayer was offered by Minister James Coles, New Galilean Full Gospel Church; the Pledge of Allegiance was led by Cpt. William Welty, City Hall Security Officer.

ATTENDANCE

PRESENT: Richard Garrett (Ward 1), Vondell Richmond (Ward 2), Ron Erb (Ward 3), 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: Tim Chandler (Ward 4)

SPECIAL RECOGNITIONS

Councilman Erb welcomed Boy Scout Troop 1599-Pack 40 who were in the process of earning their Citizenship Merit Badge. Mayor Pitts recognized members of the Mayor’s Youth Council, and Dr. Tim Winters and members of the Austin Peay State University President’s Emerging Leaders Program. PUBLIC HEARING: ZONING AND REAPPORTIONMENT

Councilman Garrett made a motion to conduct a public hearing to receive comments regarding request for zone change. The motion was seconded by Councilman Richmond. There was no objection.

ORDINANCE 42-2018-19 (First 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

Cal McKay offered to answer questions. There was no expressed opposition.

ORDINANCE 43-2018-19 (First 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

Vernon Weakley offered to answer questions. There was no expressed opposition.

ORDINANCE 41-2018-19 (First 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]

No one expressed support for or against this amendment.

Councilman Garrett made a motion to revert to regular session. There was no objection.

ADOPTION OF ZONING AND REAPPORTIONMENT

The recommendations of the Regional Planning Staff and Commission were for approval for ORDINANCE 42-2018-19. Councilman Garrett 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, Erb, Garrett, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

NAY: Guzman

The motion to adopt this ordinance on first reading passed.

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 43-2018-19. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Erb. Councilman Burkhart disclosed he was a co-owner of the property in question and would abstain from voting. The following vote was recorded:

AYE: Allen, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

ABSTAIN: Burkhart

The motion to adopt this ordinance on first reading passed.

The recommendations of the Regional Planning Staff and Commission were for approval for ORDINANCE 41-2018-19. Councilman Garrett made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Henley. The following vote was recorded:

AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

The motion to adopt this ordinance on first reading passed.

CONSENT AGENDA

1. ORDINANCE 29-2018-19 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Estate of Harold W. Weakley, Kathy Biter, Executrix, for zone change on property located north of Crossland Avenue, East of Martin Street, South of Washington Street, and west of Greenwood Avenue from R-4 Multiple Family Residential District to IC Institutional/Civic District

2. ORDINANCE 38-2018-19 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Phillip O’Neill Walker, Houston Smith-Agent, for zone change on property located at the intersection of Ringgold Road and Brentwood Circle from AG Agricultural District, R-1 Single Family Residential District and C-1 Neighborhood Commercial District to R-4 Multiple Family Residential District

3. RESOLUTION 41-2018-19 Approving appointments to the Clarksville Housing Authority, Senior Citizens Board, and Two Rivers Company

4. RESOLUTION 42-2018-19 Approving a Certificate of Compliance for sale of wine at Chum’s Marathon (811 Peachers Mill Road)

5. RESOLUTION 43-2018-19 Approving a Certificate of Compliance for sale of wine at Publix, 920 Highway 76

6. Adoption of Minutes: January 2, 2019, January 3, 2019

Councilman Burkhart made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councillady Guzman. Councilman Erb requested separate consideration of Item 2, ORDINANCE 38-2018-19. The following vote was recorded:

AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

The motion to adopt the Consent Agenda as amended passed.

ADOPTION OF ZONING REMOVED FROM CONSENT AGENDA

ORDINANCE 38-2018-19 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Phillip O’Neill Walker, Houston Smith-Agent, for zone change on property located at the intersection of Ringgold Road and Brentwood Circle from AG Agricultural District, R-1 Single Family Residential District and C-1 Neighborhood Commercial District to R-4 Multiple Family Residential District

This ordinance was removed from the original Consent Agenda at the request of Councilman Erb. Councilman Erb said this area did not have sufficient infrastructure to serve the growing population and encourage members to disapprove the request. Councilwoman Smith made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Burkhart.

Councillady Guzman and Councilman Burkhart expressed support for multi-family housing as opposed to commercial establishments which would create more traffic. Councilman Garrett supported the request in light of the developer’s good reputation. Councilman Powers called for the question. A voice vote was taken; the motion to cease discussion passed without objection. The following vote on the original motion was recorded:

AYE: Allen, Burkhart, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Streetman

NAY: Erb, Richmond, Smith

The motion to adopt this ordinance on second reading passed.

COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE Chairman David Allen

Councilman Allen said demolition of burned houses on Stafford Street and Ford Street were complete or underway. Current reconstruction projects in Ward 6 included homes on Dumas Drive ($101,680), Gibson Drive ($120,248), and Poston Street ($113,988). He reported 341 households had been served and 3,201 food boxes had been delivered by the Continuum Care Program.

FINANCE COMMITTEE Chairman Jeff Burkhart

RESOLUTION 44-2018-19 Authorizing an interlocal agreement with Fort Campbell, Kentucky (U.S. Department of Defense/Department of the Army) pertaining to transportation of natural gas over the Clarksville Gas & Water natural gas pipeline infrastructure

The recommendations of the Finance Committee and the Gas & Water Committee were for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded:

AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

The motion to adopt this resolution passed.

RESOLUTION 45-2018-19 Authorizing an interlocal agreement with Hopkinsville Sewerage and Waterworks Commission

AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

The motion to adopt this resolution passed.

GAS & WATER COMMITTEE Chairman Bill Powers

ORDINANCE 39-2018-19 (First Reading) Authorizing extension of utility services to 160 Excell Road; request of Krueckerberg, LLC

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 Burkhart. The following vote was recorded:

AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

The motion to adopt this ordinance on first reading passed.

ORDINANCE 40-2018-19 (First Reading) Authorizing extension of utility services to property on Rossview Road; request of C & H & Properties

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 Erb. The following vote was recorded:

AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

The motion to adopt this ordinance on first reading passed.

RESOLUTION 46-2018-19 Authorizing an interlocal agreement with Woodlawn Utility District to provide water service to Ridgeland Estates (Gas & Water Committee: Approval)

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 Henley. The following vote was recorded:

AYE: Allen, Burkhart, Erb, Garrett, Guzman, Henley, Holleman, Pitts, Powers, Richmond, Smith, Streetman

The motion to adopt this resolution passed.

Councilman Powers shared the following monthly department statistics: Water Division - 3,992 work orders, 336 after-hour responses, 98,000 meters read, 56,487 bills and notices, 56 water leaks, 243 hydrant flushes, 306 backflow tests; Gas Division - 31 new services, 52,00 feet new pipe installation, 84 gas odor responses; Water Treatment Plant - 504 million gallons treated water (57% capacity); Wastewater Treatment Plant - 479 million gallons treated sewage (61% capacity).

PARKS & RECREATION Chairlady Valerie Guzman

Councilwoman Guzman noted upcoming events including the Clarksville Film Festival, Surrender of Clarksville at Fort Defiance, and Donuts with Dads.

PUBLIC SAFETY COMMITTEE Chairman Jeff Henley

Councilman Henley shared the following monthly department statistics: Building & Codes - 1,590 inspections, 312 code enforcement cases, 59 single-family permits, 25 abatement work orders; Fire Rescue - 611 calls; Police - 13,636 responses.

STREETS & GARAGE COMMITTEE Chairman Tim Chandler

On behalf of Councilman Chandler, Councilman Erb shared the following monthly department statistics: Streets 253 work order; Garage - 453 work orders, unleaded fuel $1.53.2/gallon, diesel $1.75.2/gallon.

TRANSPORTATION COMMITTEE Chairlady Wanda Smith

Councillady Smith said Clarksville Transit System transported 55,223 passengers during January including 6,278 senior citizens. She announced CTS would discontinue providing service to the Industrial Park in approximately six months.

MAYOR AND STAFF REPORTS

Mayor Pitts said the enterprise of the City was doing very well and expressed appreciation to employees for their service.

Councilman Allen thanked Mayor Pitts for establishing the option for citizens to apply online via the City’s website to volunteer to serve on a board or commission.

ADJOURNMENT

The meeting was adjourned at 7:38 p.m. 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: SECOND READING: EFFECTIVE DATE:

RESOLUTION 49-2018-19

A RESOLUTION 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

WHEREAS, the City of Clarksville and the United States of America, the Department of Defense, the Department of the Army, the United States Army, and the Fort Campbell Military Reservation / Army Post (FTC) have a long history of cooperation and mutual support; and

WHEREAS, the City of Clarksville, through its’ Department of Gas and Water (CGW), has long provided natural gas service to the Department of the Army at the Fort Campbell Military Reservation / Army Post; and

WHEREAS, previously, pursuant to contract dated September 2, 1958, the City provided natural gas to the FTC through a supply / “sale” agreement; and

WHEREAS, the Department of the Army / FTC, effective November 1, 2011, decided to purchase natural gas directly from other government agencies and / or retailers and / or wholesalers, but such decision would still require the use of the CGW natural gas pipeline infrastructure for “transportation” of the purchased natural gas from the CGW gate to the FTC meter; and

WHEREAS, the 1958 contract did not, and does not, contain provisions pertaining to the mere “transport” of natural gas over CGW pipelines (but only pertains to the “sale” of natural gas directly from CGW to FTC), which therefore necessitates that a new contract / interlocal agreement be entered between the parties pertaining to the “transport” of natural gas over CGW pipelines to FTC; and

WHEREAS, the parties have continued an arrangement, practice or custom regarding the supply of natural gas over the CGW natural gas infrastructure since 2011, that is, the City has continued to provided natural gas “transportation” service to FTC, and FTC has continued to pay for said “transportation” of natural gas, in the absence of an updated, amended or new contract / interlocal agreement; and

WHEREAS, the City (CGW) and FTC have reached agreement on the terms and conditions pertaining to the “transportation” of natural gas over CGW natural gas pipeline infrastructure, to FTC, and now desire to memorialize said agreement through approval / adoption and execution of a new contract / interlocal agreement, attached hereto and incorporated herein as Exhibit A, pursuant to Tennessee Code Annotated Section 12-9-108 pertaining to the adoption of interlocal agreements among governmental entities, and pursuant to all applicable federal, state and local laws, to include ordinances and resolutions, and regulations.

WHEREAS, all parties agree that revisions to the new interlocal agreement, which was approved upon the adoption of RESOLUTION 44-2018-19 by the Clarksville City Council on February 7, 2018, are necessary.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE:

That RESOLUTION 44-2018-19, adopted by the Clarksville City Council on February 7, 2019, is hereby repealed.

BE IT FURTHER RESOLVED that the Clarksville City Council hereby authorizes and approves a revised new contract / interlocal agreement, attached hereto and incorporated herein as Exhibit A, between the City of Clarksville, Tennessee, and the United States of America, the Department of Defense, the Department of the Army, the United States Army, and the Fort Campbell Military Reservation / Army Post (FTC), pertaining to the “transport” of natural gas over and across the CGW natural gas pipeline infrastructure, from the City gate to the FTC meter, said contract / interlocal agreement to be effective and binding upon execution by the Mayor and the appropriate representative with authority to bind the United States of America, the Department of Defense, the Department of the Army, the United States Army, and the Fort Campbell Military Reservation / Army Post (FTC).

ADOPTED:

RESOLUTION 51-2018-19

A RESOLUTION PERTAINING TO AN INTERLOCAL AGREEMENT BETWEEN THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT BOARD, MONTGOMERY COUNTY, AND THE CITY OF CLARKSVILLE, REGARDING THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF IDB PROPERTY

WHEREAS, the Montgomery County Industrial Development Board (IDB), is a separate legal entity created pursuant to Tennessee state law whose purposes are to promote, attract, and to facilitate local industrial, commercial, and business growth and development to the Montgomery County region, leading to increased jobs / employment, increased economic activity, increased property values, and increased property and sales tax bases; and

WHEREAS, the IDB, Montgomery County, and the City of Clarksville have previously entered into an Interlocal Agreement, effective November 29, 2001, pursuant to state law (Tennessee Code Annotated §12-9-101, et.seq.), pertaining to the purchase and development of land / real estate East of Interstate 24 for industrial, commercial, and business recruitment activities, the provision of utilities and roads across same, and the provision of emergency services (Fire / EMS) to said area, said Interlocal Agreement being attached hereto and incorporated herein as Exhibit A, and said Interlocal Agreement was made and entered into in compliance with City Ordinance 32-2001-02, approved by the Clarksville City Council on November 1, 2001, and with County Resolution 01-8-5, approved by the County Commission on August 13, 2001; and

WHEREAS, said Interlocal Agreement provided, inter alia, generally, for the City and County to share equally and to pay one-half of the project costs in connection with acquisition of the land, with all utilities (including natural gas, water, and sewer, but excluding electric) being included in the calculation of the City’s share of costs (being a credit to the City), and all road improvements being included in the calculation of the County’s share of the costs (being a credit to the County), with any and all state or federal grants being deducted from the total investment amount, with the remaining balance being divided equally between the City and County, and provided further that the IDB would “fund the establishment of a fire station / EMS facility in the Exit 8 area,” with the City providing “first responder fire and emergency services” to the “Clarksville-Montgomery County Business Park,” and further provided that all land / real estate interests acquired would be titled and held in the name of the IDB (referred to as the “Industrial Park expansion”), and that the term / duration of the Interlocal Agreement was “perpetual”; and

WHEREAS, the Interlocal Agreement further provided a mechanism for the City and County to eventually recover their costs in connection with the project, to include land acquisition costs, as follows:

5. Of the sale price of the Industrial Park land, the first $10,000 per acre will be split 90% to the City and 10% to the Industrial Development Board. Any revenue in excess of the first $10,000 per acre (per transaction) will be split 45% to the City, 45% to the County and 10% to the Industrial Development Board. This splitting of proceeds will remain in effect until such time as either the City annexes the land being purchased for expansion or the City has recovered its investment. The City’s investment shall include interest paid. After such time as the City has either annexed the land being purchased or recovered its investment, as defined in paragraph 2 above, the sale of land shall be divided equally between the City and County after 10% is deducted for the Industrial Development Board.

; and

WHEREAS, said Interlocal Agreement was amended by the parties with an effective date being the last dated signature of September 20, 2007, said Interlocal Agreement being attached hereto and incorporated herein as Exhibit B, and said Interlocal Agreement was made and entered into in compliance with City Resolution 90-2006-07, approved by the Clarksville City Council on June 7, 2007, and with County Resolution 07-9-2, approved by the County Commission on September 10, 2007 (said amendment simply amending paragraph four of the Interlocal Agreement to provide that the City would provide “first responder fire and emergency services” to both the “Clarksville-Montgomery County Business Park and Commerce Park”; and

WHEREAS, the IDB has sold a portion of the “Industrial Park” property in connection with the proposed Atlas BX battery plant, for a total price of $1,126,774.50 (the City portion of said sale proceeds being $687,034.98 as calculated pursuant to the Interlocal Agreement); and

WHEREAS, in order to continue to promote, attract, and to facilitate local industrial, commercial, and business growth and development to the Montgomery County region, with the concomitant increase in jobs / employment, and increased economic activity, increased property values, and increased property and sales tax bases, the IDB has requested that the City and County each permit the IDB to retain all sale proceeds from the sale of the Atlas BX property for such purposes, and specifically for the purpose of reinvesting said funds to improve and construct a forty (40) acre (100,000 square foot), “pad ready” site at a projected cost of $1,671,000.00.

WHEREAS, the City has previously received $1,729,049.18 from the previous sale of nine (9) Industrial Park parcels toward recovery of the City’s investment, which to date totals $14,300,000.00 ($14.3 million); and

WHEREAS, the Clarksville City Council finds the City’s best interests are served by approving the request of the IDB and permitting same to retain the sale proceeds from the sale of that portion of the Industrial Park for use as the Atlas BX battery plant, notwithstanding the provisions of the Interlocal Agreement, for the specific purpose of the IDB to improve and construct a forty (40) acre (100,000 square foot), “pad ready” site at the Industrial Park, said approval being contingent on the County agreeing to the same terms and amount, and with the understanding that this approval constitutes an agreed upon exception or amendment to the Interlocal Agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE:

1. That notwithstanding the provisions of the Interlocal Agreement between the IDB, Montgomery County, and the City of Clarksville, referenced above, as amended, to the contrary, the City, contingent upon County approval of the same terms and amount, hereby agrees and approves, the request of the IDB to permit the IDB to retain all sale proceeds from the sale of the Atlas BX property in the Industrial Park, in order for the IDB to continue to promote, attract, and to facilitate local industrial, commercial, and business growth and development to the Montgomery County region, with the concomitant increase in jobs / employment, and increased economic activity, increased property values, and increased property and sales tax bases, and specifically for the purpose of reinvesting said funds to improve and construct a forty (40) acre (100,000 square foot), “pad ready” site at the Industrial Park.

2. That this approval shall be deemed, to the extent necessary, as an amendment to the Interlocal Agreement.

3. This City Resolution shall be effective and binding upon the City, only upon approval of the same substantive terms and amount, and for the purposes, described herein, by the Montgomery County Commission and the Industrial Development Board.

ADOPTED: