Council Minutes

“A public comment period is conducted prior to each regular session of the city council from 6:30 p.m. to 7:00 p.m.  Any person wishing to address the council shall make such request to the city clerk by noon on Wednesday prior to the regular session and shall submit their name and the topic of said comments.  Each person shall be allowed a maximum of five minutes to speak during the comment period.  No public comments concerning any zoning amendment to be considered by the city council at such regular session shall be received during this period.”  (City Code Sec. 1-204(c)) CLARKSVILLE CITY COUNCIL
REGULAR SESSION
OCTOBER 1, 2009

CITY COUNCIL CHAMBERS
108 PUBLIC SQUARE
CLARKSVILLE, TENNESSEE


MINUTES

During the public comment period, Dr. Jay Gorban and Carol Ballard encouraged the Council to impose time restrictions for racing activities at the Clarksville Speedway; John McConnell and William Scoggin voiced opposition to the proposed regulations (ORDINANCE 31-2009-10).

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The regular session of the Clarksville City Council was called to order by Mayor Johnny Piper on Thursday, October 1, 2009, at 7:32 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee.

A prayer was offered by Councilwoman Barbara Johnson; the Pledge of Allegiance was led by Councilman Joel Wallace.

ATTENDANCE

PRESENT: Barbara Johnson (1), Deanna McLaughlin (2), James Lewis (3), Wallace Redd, Mayor Pro Tem (4), Candy Johnson (5), Marc Harris (6), Geno Grubbs (7), David Allen (8), Joel Wallace (9), Bill Summers (10), Bill Forrester (11), Jeff Burkhart (12)

CITY COMPUTER NETWORK

Mayor Piper announced the City of Clarksville’s Information Technology Department had just completed conversion of the City’s entire internal network to CDE Lightband, resulting in a savings of $171,000 per year in communications costs. The I.T. Department also planned to convert the City’s internet access to CDE Lightband, which would save an additional $28,000 per year.

PUBLIC HEARING

Councilman Grubbs made a motion to conduct a public hearing to hear comments regarding requests for zone change. The motion was seconded by Mayor Pro Tem Redd. A voice vote was taken; the motion passed without objection.

ORDINANCE 39-2009-10 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Paul and Sara Mittura, John Davidson, Keller-Williams Realty-Agent, for zone change on property at Scenic Drive and Vaughn Road from R-1 Single Family Residential District to O-1 Office-Medical-Institutional-Civic District

John Davidson said the proposed zoning would not affect the integrity of the area. Paul Mittura said adjacent property owners did not oppose the change. Laura Shrader felt the new zoning would cause additional traffic problems and the property should remain residential to serve as a buffer between the neighborhood and the currently commercial property. Frank Sickle said there was sufficient commercial property available in the area and the change could be considered spot zoning.

ORDINANCE 40-2009-10 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Charles T. and Pamela M. Jerles for zone change on property at Bellamy Lane & Warfield Boulevard from R-1 Single Family Residential District to C-2 General Commercial District

There was no expressed support for or opposition to this request.

Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilwoman Barbara Johnson. A voice vote was taken; the motion passed without objection.

ZONING

The recommendation of the Regional Planning Staff was for disapproval of ORDINANCE 39-2009-10; the recommendation of the Regional Planning Commission was for approval. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Mayor Pro Tem Redd. The following vote was recorded:

AYE: B. Johnson, Redd

NAY: Allen, Burkhart, Forrester, Grubbs, Harris, C. Johnson, Lewis, McLaughlin, Summers, Wallace

The motion to adopt this ordinance on first reading failed.

The recommendation of the Regional Planning Staff and Commission were for approval of ORDINANCE 40-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Mayor Pro Tem Redd. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, Lewis, Redd, Summers, Wallace

NAY: McLaughlin

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 21-2009-10 (Second Reading) Amending the Zoning Ordinance and Official Code of the City of Clarksville relative to Madison Street Corridor Urban Design Overlay

2. ORDINANCE 29-2009-10 (Second Reading) Amending the 2010 Clarksville Fire & Rescue Operating Budget for insurance proceeds for damaged equipment

3. ORDINANCE 30-2009-10 (Second Reading) Authorizing exercise of right of eminent domain to obtain easements and rights-of-way for Rails To Trails (Clarksville Greenways) [Reconsidered; See end of consent agenda]

4. ORDINANCE 33-2009-10 (Second Reading) Authorizing exchange of property with Austin Peay State University

5. ORDINANCE 34-2009-10 (Second Reading) Authorizing a contract between the Clarksville Parking Authority and First Presbyterian Church

6. ORDINANCE 35-2009-10 (Second Reading) Authorizing purchase of property for the Beacon Hills Pump Station

7. RESOLUTION 21-2009-10 Renewing a Certificate of Compliance for Ashok K. Bagchand (Favorite Liquors, 601 South Riverside Drive)

8. Adoption of Minutes: September 3rd

Councilwoman McLaughlin made a motion to adopt the Consent Agenda as presented. The motion was seconded by Mayor Pro Tem Redd. A voice vote was taken; the motion passed without objection.

ORDINANCE 30-2009-10 (Second Reading) Authorizing exercise of right of eminent domain to obtain easements and rights-of-way for Rails To Trails (Clarksville Greenways)

Mayor Pro Tem Redd made a motion to reconsider this ordinance, previously adopted on second reading on the Consent Agenda. The motion was seconded by Councilman Grubbs. City Attorney Lance Baker said the legal description needed to be amended. A voice vote was taken; the motion to reconsider passed without objection. Mayor Pro Tem Redd made a motion to postpone second reading on this ordinance to the next meeting. The motion was seconded by Councilman Grubbs. A voice vote was taken; the motion to postpone passed without objection.

BUILDING & CODES COMMITTEE
Wallace Redd, Chair

Mayor Pro Tem Redd reported 542 complaints had been worked by the Building & Codes Department during the month of September.

COMMUNITY DEVELOPMENT COMMITTEE
Bill Summers, Chair

No report; no action required.

FINANCE COMMITTEE
Deanna McLaughlin, Chair

No report; no action required.

GAS & WATER COMMITTEE
Bill Summers, Chair

No report; department issues were address under New Business.

GENERAL SERVICES COMMITTEE
Marc Harris, Chair

No report; no action required.


PARKS & RECREATION COMMITTEE
Bill Forrester, Chair

No report; no action required.

PUBLIC SAFETY COMMITTEE
Geno Grubbs, Chair

Public Safety was addressed at the beginning of the meeting following registration of attendance.

ORDINANCE 31-2009-10 (First Reading) Amending the Official Code relative to anti-noise regulations

Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman Barbara Johnson. Councilman Allen said the ordinance was drafted based on current state regulations. Councilman Harris noted that all vehicles driven in races at Clarksville Speedway were “street legal” and were driven in a controlled environment.

Mayor Pro Tem Redd made a motion to extend racing at the local facility from 12:30 a.m. to 1:00 p.m. The motion was seconded by Councilman Summers. The following vote was recorded:

AYE: Allen, Forrester, Grubbs, Redd, Summers, Wallace

NAY: Burkhart, Harris, B. Johnson, C. Johnson, Lewis, McLaughlin

Mayor Piper voted “aye.” The amendment passed. Councilman Burkhart expressed opposition to the new regulations. Councilman Lewis called for the question. The motion to cease discussion was seconded by Councilwoman McLaughlin. The following vote was recorded:

AYE: Burkhart, Forrester, Grubbs, B. Johnson, Lewis, McLaughlin, Summers, Wallace

NAY: Allen, Harris, C. Johnson, Redd

The motion to cease discussion passed. The following vote on the original motion as amended was recorded:

AYE: Allen, Forrester, Grubbs, Redd, Summers

NAY: Burkhart, Harris, B. Johnson, C. Johnson, Leis, McLaughlin, Wallace

The motion to adopt this ordinance on first reading as amended failed.

STREET COMMITTEE
James Lewis, Chair

Councilman Lewis reported 1,732 work orders had been processed by the Street Department during the previous quarter.

Councilman Lewis announced the “Kids & Cops” event scheduled for October 10th.

TRANSPORTATION COMMITTEE
Barbara Johnson, Chair

Councilwoman Barbara Johnson said CTS provided 65,283 passengers with bus service during the month of September; 1,116 were transported to and from Riverfest and 561 were transported to and from The Clarksville Greenway opening ceremony.

CHARTER & CODE REVISIONS COMMITTEE
Wallace Redd, Chair

ORDINANCE 32-2009-10 (First Reading) Amending the Official Code, Title 1, Chapter 17, relative to Tree Board

Mayor Pro Tem Redd made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman Barbara Johnson. A voice vote was taken; the motion to adopt this ordinance on first reading passed without objection.

NEW BUSINESS

ORDINANCE 36-2009-10 (First Reading Postponed September 24th) Adopting the FY10 Clarksville Department of Electricity budget

Mayor Piper made a motion to adopt this ordinance on first reading. The motion was seconded by Mayor Pro Tem Redd. During discussion regarding personnel salaries, Councilwoman McLaughlin made a motion to include CDE employees in the current city general pay study at CDE’s expense. The motion was seconded by Mayor Pro Tem Redd. Human Resources Director Will Wyatt was asked to report details of adding CDE to the current pay study at the next meeting. Councilwoman McLaughlin’s motion was withdrawn. Councilman Burkhart called for the question. The question was seconded by Mayor Pro Tem Redd. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Summers, Wallace

NAY: Harris

The motion to cease discussion passed. The following vote on the original motion was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Wallace

NAY: Summers

The motion to adopt this ordinance on first reading passed.

ORDINANCE 37-2009-10 (First Reading) Amending the Official Code relative to extension of utility services beyond the city limits

Mayor Piper made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Wallace. Mayor Piper said this code amendment would allow the Gas & Water Committee to review requests for utility extension and make a recommendation to the full council. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Summers, Wallace

The motion to adopt this ordinance on first reading unanimously passed.

ORDINANCE 38-2009-10 (First Reading) Amending the Official Code relative to areas serviced outside the

Councilman Summers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Forrester. Councilman Summers said this amendment would allow the Gas & Water Department to approve extensions up to two miles beyond the city limits if the property is in the Urban Growth Boundary. Following Councilman Summer’s power point presentation, Mayor Pro Tem Redd called for the question. The question was seconded by Councilwoman McLaughlin. A voice vote was take; the motion to cease discussion passed without objection. The following vote on the original motion was recorded:

AYE: Forrester, Harris, Summers

NAY: Allen, Burkhart, Grubbs, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Wallace

The motion to adopt this ordinance on first reading failed.


RESOLUTION 22-2009-10 Approving extension of water services outside city limits; request of Cumberland Development

Councilwoman McLaughlin made a motion to adopt this resolution. The motion was seconded by Councilman Lewis. The following vote was recorded:

AYE: Allen, Burkhart, Grubbs, Harris, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Wallace

NAY: Forrester, Summers

The motion to adopt this resolution passed.

RESOLUTION 23-2009-10 Accepting grant funds for Corman Rail Road rehabilitation

Mayor Piper made a motion to consider RESOLUTION 23-2009-10. The motion was seconded by Mayor Pro Tem Redd. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Summers, Wallace

The motion to consider this resolution unanimously passed. Mayor Piper made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Summers, Wallace

The motion to adopt this resolution unanimously passed.

Mayor Piper made a motion to consider board appointments. The motion was seconded by Councilwoman McLaughlin. A voice vote was taken; the motion passed without objection.

Mayor Piper made a motion to approve the following board appointments. The motion was seconded by Councilwoman McLaughlin.

E-911 Board of Directors: Geno Grubbs - December 2009 through November 2013

Storm Water Board of Appeals: Bryce Powers and Jo Violette – November 2009 through October 2011

A voice vote was taken; the motion passed without objection.

The meeting adjourned at 10:05 p.m.