City Executive and Special Session Agenda for October 27th

Comments by Clarksville City Councilman Bill Summers on the City Executive and Special Session Agenda for October 27th

Please note the Special Session agenda listed below on Ordinance 36-2011-12.  The city is offering to pay $100,000 for 26 acres of land that is engineered and used for rain/storm storage. The basin storage area is in the Woodstock Subdivision which has experienced bad flooding in the past couple of years and was developed and is evidently still owned by Councilman Burkhart and his partners.

An appraisal of the land in question came in at $159,000.  While I concur the city has a responsibility to try and fix the problem (current repair price is $450,000 for the first phase with the possibility of a second if the first doesn’t work) I have an issue for the city paying for the land to fix the problem.

I also have an issue that a second fix may be needed, but I’ll save that for a later debate.  According to information provided by the city  Chief-of-Staff in a prior conversation on this matter, Councilman Burkhart is not asking for money in giving up his share in ownership of the land, but the partners do want payment.  I will ask for information and validation on these points and other at tomorrow’s council meeting.

In our own Ward, I have been able to get the city to recently fix a similar storm basin retention issue in the Savannah West subdivision and the city did not have to purchase the land.  The city has fixed or worked on other water and basin issues without having to buy the land.  The only rationale I have been given thus far for the city to buy this land is we could be held liable for actions related to the fixes of the drainage problem.  I believe the city could be held liable for any actions it takes whether it owns the land or not.  However, one thing is for sure that if the city owns it outright the developers no longer have to worry about the problem created by their development and the taxpayers get stuck with the bill.  Unless, some rationale of greater substance can be provided for the need to purchase this property I will vote “no” on the ordinance.

Thanks
Bill Summers
Ward 10

Clarksville City Council Executive Session

October 27, 2011, 4:30pm.

Council Chambers
106 Public Square
Clarksville, Tennessee

Planning Commission: Public Hearing Annexation: Plan of Services

RESOLUTION 24-2011-12 Approving the First Plan of Services Progress Report for annexed property north and south of Highway 41-A and east and west of Harper Road

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 26-2011-12 (Second Reading) Establishing and funding a Capital Project for Smith-Trahern Repairs
2. ORDINANCE 27-2011-12 (Second Reading) Amending the FY12 Capital Projects budget to transfer funds from the Cumberland Drive/Hwy. 48-13 Intersection Amenities project to the Drainage Mitigation Project
3. ORDINANCE 29-2011-12 (Second Reading) Authorizing a land swap between the City of Clarksville and Neal Bateman for Red River Pump Station Improvements
4. ORDINANCE 30-2011-12 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Space For Lease, Trent Knott-Agent, for zone change on property located at Madison Street & 76 Connector from M-3 Planned Industrial District to C-5 Highway & Arterial Commercial District
5. ORDINANCE 31-2011-12 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Clarksville-Montgomery County Community Action Agency, Leslie Chiodini, Executive Director-Agent, for zone change on property located at Ft. Campbell Boulevard & Lafayette Road from C-2 General Commercial District and R-1 Single Family Residential District to O-1 Office District
6. ORDINANCE 32-2011-12 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Joseph K. Lingauer for zone change on property located at Kelsey Drive & Dover Road from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District
7. ORDINANCE 33-2011-12 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of James W. Bell, Jr., David H. Dabbs-Agent, for zone change on property located at Ted Crozier Boulevard & Dunlop Lane from C-2 General Commercial District to C-5 Highway & Arterial Commercial District
8. ORDINANCE 34-2011-12 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mack Phillips for zone change on property located at Whitfield Road & Old Trenton Road from AG Agricultural District to R-2A Single Family Residential District
9. ORDINANCE 35-2011-12 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Industrial Development Board c/o Mike Evans for zone change on property located at Arvin Drive and Fox Meadow Way from M-2 General Industrial District to R-2 Single Family Residential District
10. Approval of Board Appointments
    • E-911 Board of Directors: Suzanne Uffleman (reappointment) – December 2011 through November 2015
11. Approval of Minutes: October 6th

COMMUNITY DEVELOPMENT COMMITTEE
Marc Harris, Chair

FINANCE COMMITTEE

Joel Wallace, Chair

1. ORDINANCE 36-2011-12 (First Reading) Authorizing purchase of property for Woodstock Subdivision drainage improvements (Finance Committee: Approval)
2. ORDINANCE 37-2011-12 (First Reading) Authorizing purchase of property from Marvin Pitts for the HSC sewer pump station (Finance Committee: Approval)
3. ORDINANCE 39-2011-12 (First Reading) Accepting donation of property at 380 Liberty Parkway for Community Development (Finance Committee: Approval)
4. ORDINANCE 40-2011-12 (First Reading) Establishing a cell phone usage policy (Finance Committee: Approval)

GAS & WATER COMMITTEE

Jeff Burkhart, Chair

PARKS & RECREATION

(Parks, Recreation, General Services)
Deanna McLaughlin, Chair

PUBLIC SAFETY COMMITTEE

(Building & Codes, Fire, Police)
Geno Grubbs, Chair

STREETS & TRANSPORTATION COMMITTEE

James Lewis, Chair

New Business

1. Discussion regarding appointments to boards and commissions which are subject to the provisions of TCA §12-4-101 and TCA §5-14-114 (Councilman Steward)
2. Establishment of the Smart Growth Commission (Mayor McMillan)

MAYOR AND STAFF REPORTS

1. Report of complaint of alleged ethics violation (City Attorney)

ADJOURNMENT

PUBLIC COMMENTS

SPECIAL SESSION

Immediately following the Executive Session

CALL TO ORDER

PRAYER AND PLEDGE OF ALLEGIANCE

REGISTRATION OF ATTENDANCE

WOODSTOCK SUBDIVISION DRAINAGE IMPROVEMENTS

1. ORDINANCE 36-2011-12 (First Reading) Authorizing purchase of property for Woodstock Subdivision drainage improvements

ADJOURNMENT

ORDINANCE 36-2011-12

AN ORDINANCE AUTHORIZING PURCHASE OF PROPERTY FOR WOODSTOCK SUBDIVISION DRAINAGE IMPROVEMENTS

WHEREAS, property acquisition is necessary to undertake drainage improvements in  order to improve drainage and reduce flooding during significant rain events in the Woodstock subdivision; and

WHEREAS, the City of Clarksville and certain affected property owners have reached a tentative agreement regarding the purchase of property needed to effectuate  required drainage improvements, said property being appraised at a value of $159,000.00, and said property being more particularly described in Exhibit A attached hereto and incorporated herein, and being approximately 26 +/- acres and being owned by Clarksville Properties and generally located within the Woodstock Subdivision, for the price of $100,000.00.

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 located in Woodstock Subdivision (Map 008, Parcel 003.00, Deed Book V550, Page 2275) for the  purpose of constructing drainage improvements, from property owners Clarksville Properties, for a price not to exceed $100,000.00.

Editor’s Note: This article contains the view points of City Councilman Bill Summers and may not represent the views of the rest of the City Council, the City of Clarksville, or Clarksville Online.