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
NOVEMBER 5, 2009

CITY COUNCIL CHAMBERS
108 PUBLIC SQUARE
CLARKSVILLE, TENNESSEE


MINUTES

During the public comment period, Stacey Hopwood asked the Council to reconsider prohibiting dogs in public parks.

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The regular session of the Clarksville City Council was called to order by Mayor Johnny Piper on Thursday, November 5, 2009, at 7:32 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee.

A prayer was offered by Mayor Pro Tem Wallace Redd; the Pledge of Allegiance was led by Councilman Geno Grubbs.

ATTENDANCE

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

ABSENT: Barbara Johnson (1), Candy Johnson (5)

SPECIAL RECOGNITIONS

Mayor Piper presented a Certificate of Retirement to former Chief of Staff Jim Durrett for his 32 years of service with the City of Clarksville. Director of Streets David Shepard also presented Mr. Durrett with a Certificate of Appreciation. Mr. Durrett also received a certificate from Congresswoman Marsha Blackburn.

Mayor Piper presented a Certificate of Appreciation to Michael Blackwell for heroically pulling a victim from a crashed vehicle just before it caught fire on September 22nd.

Mayor Piper presented a Certificate of Appreciation to Vulcan Materials for their generous donation of materials for the Clarksville Greenway.

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 44-2009-10 (Public Hearing and First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of L & A Partners for zone change on property located at Hickory Grove Road and Riverside Drive from R-2 Single Family Residential District to C-2 General Commercial District.

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

ORDINANCE 45-2009-10 (Public Hearing and First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Nick Dattilo for zone change on property located at Dunbar Cave Road and Rossview Road from R-1 Single Family Residential District to R-2 Single Family Residential District

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

ORDINANCE 46-2009-10 (Public Hearing and First Reading) Amending the Zoning Ordinance and the Official Code relative to outdoor advertising (Shared Travel Easement)

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

ORDINANCE 48-2009-10 (Public Hearing and First Reading) Amending the Zoning Ordinance and the Official Code relative to outdoor advertising (Sidewalks)

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

ZONING

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 44-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

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

The recommendations of the Regional Planning Staff and Commission were for disapproval of ORDINANCE 45-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded:

AYE: Harris

NAY: Allen, Burkhart, Forrester, Grubbs, Lewis, McLaughlin, Redd, Summers, Wallace

The motion to adopt this ordinance on first reading failed.

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 46-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

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

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 48-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Councilman Summers made a motion to amend the ordinance by deleting the following language from Sec. 11-510:

“Prior to placement of any sidewalk sign, a sign permit shall first be obtained through the City Department of Building and Codes.”

The motion was seconded by Councilman Wallace. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

The amendment passed without objection. The following vote on the original motion as amended was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

The motion to adopt this ordinance on first reading as amended unanimously 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. Adoption of Minutes: September 24th, October 1st, October 9th

2. Approval of Board Appointments:

Community Health Foundation: Andre Fresco and Dr. Marcos Arancibia – November 2009 through February 2012

Fair Board: Khandra Smalley – January 2010 through December 2010

Housing Authority: Frank Lott – October 2009 through September 2014

Museum Board: Dan Hanley, Jim Durrett, Mac Eddington – January 2010 through December 2012

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

BUILDING & CODES COMMITTEE
Wallace Redd, Chair

Mayor Pro Tem Redd reported 500 cases had been processed by the Building & Codes Department during October.

COMMUNITY DEVELOPMENT COMMITTEE
Bill Summers, Chair

No report; no action required.

FINANCE COMMITTEE
Deanna McLaughlin, Chair

ORDINANCE 42-2009-10 (First Reading) Amending the 2010 operating budget for Clarksville Fire & Rescue for insurance proceeds for damaged equipment

Councilwoman McLaughlin made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Lewis. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

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

GAS & WATER COMMITTEE
Bill Summers, Chair

ORDINANCE 49-2009-10 (First Reading) Authorizing extension of water and sewer utility services outside city limits; request of Montgomery County Cattleman’s Association, and James W. Bell

Councilman Summers 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, Lewis, McLaughlin, Redd, Summers, Wallace

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

GENERAL SERVICES COMMITTEE
Marc Harris, Chair

No report; no action required.

PARKS & RECREATION COMMITTEE
Bill Forrester, Chair

Councilman Forrester said a revitalization plan for Pettus Park was being development.

Councilman Grubbs said the “Fright on Franklin” event on October 31st was a success.

PUBLIC SAFETY COMMITTEE
Geno Grubbs, Chair

Councilman Grubbs reported 473 emergency response calls were answered by Clarksville Fire & Rescue and the Clarksville Police Department received 6,567 calls/complaints during October.

STREET COMMITTEE
James Lewis, Chair

Councilman Lewis said 288 work orders were completed by the Street Department during October.

TRANSPORTATION COMMITTEE
Barbara Johnson, Chair

No report; no action required.

NEW BUSINESS

ORDINANCE 97-2008-09 (Second Reading; Postponed September 3rd) Amending the Official Code relative to pets in public parks

Mayor Piper made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Grubbs. Councilwoman McLaughlin made a motion to amend the ordinance by deleting the first reading language and substituting instead the following:

“Dogs and other domesticated animals are prohibited from all City-owned and operated ball fields and are also prohibited at any City-owned or operated park or recreational area or City street during City-sponsored festival, concert, or holiday events unless otherwise announced and authorized by the City of Clarksville. This prohibition shall not apply to guide or service animals for the disabled within said City public parks or recreation areas or during said events. Any person, organization, or entity in violation oft his provision may be issued a citation and assessed a civil fine in accordance with Sec. 3-310 of this chapter.

The motion was seconded by Councilman Lewis. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

Councilwoman McLaughlin’s amendment passed without objection. Councilman Wallace made a motion to further amended the ordinance by deleting “announced and authorized by the City of Clarksville” and substituting instead “authorized by resolution of the City Council.” The motion was seconded by Mayor Pro Tem Redd. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

Councilman Wallace’s amendment passed without objection. The following vote on the original motion as amended was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

The motion to adopt this ordinance on second reading as amended passed without objection.

ORDINANCE 50-2009-10 (First Reading) Amending the 2010 Parking Authority operating budget for improvements to the First Presbyterian Church parking lot

Councilman Allen made a motion to consider this ordinance on first reading. The motion was seconded by Councilman Grubbs. The following vote was recorded:

AYE: Allen, Burkhart, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

NAY: Forrester

The motion to consider this ordinance on first reading passed. Councilman Allen made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

The motion to adopt this ordinance on first reading passed without objection.

RESOLUTION 25-2009-10 Requesting the Tennessee General Assembly initiate legislation to amend the Official Charter, Article II, Section 15, relative to restrictions on councilmen

Mayor Pro Tem Redd made a motion to adopt this resolution. The motion was seconded by Councilwoman McLaughlin. Councilwoman McLaughlin made a motion to postpone action on this resolution to the next regular session. The motion was seconded by Councilman Lewis. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Harris, Lewis, McLaughlin, Redd, Summers, Wallace

The motion to postpone action on this resolution unanimously passed.

ADJOURNMENT

The meeting adjourned at 8:26 p.m.