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
FEBRUARY 4, 2010

MINUTES

Prior to the meeting, Geneva Bell asked for a sponsor to allow her to address the Finance Committee regarding funding for the Mt. Olive Cemetery and Brandon Hills Community Garden projects; Mayor Piper agreed to sponsor her request at the committee’s next meeting. Jerry Shelly asked the Council to review a situation he had with the Gas & Water Department in 2008 regarding cut-off of his utility services.

The regular session of the Clarksville City Council was called to order by Mayor Johnny Piper on Thursday, February 4, 2010, at 7:38 p.m.

Councilman Jeff Burkhart offered a prayer; the Pledge of Allegiance was led by Councilman James Lewis.

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)

Mayor Piper presented a Certificate of Appreciation to Leah Foote for her watercolor rendering of the World War I “Dougboy” Memorial Statue.

PUBLIC HEARING

Councilman Grubbs made a motion to conduct a public hearing to receive comments regarding proposed code amendments and zone changes. The motion was seconded by Councilwoman McLaughlin. A voice vote was taken; the motion passed without objection.

ORDINANCE 47-2009-10 (First Reading) Amending the Zoning Ordinance and the Official Code relative to eminent domain billboard replacement

There was no expressed support for or opposition to this proposed amendment.

ORDINANCE 59-2009-10 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of John McConnell for zone change on property at East Boy Scout Road & Needmore Road from AG Agricultural District to C-5 Highway & Arterial Commercial District

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

ORDINANCE 60-2009-10 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Millie Darnell Johnson and Frank Darnell for zone change on property at Tiny Town Road & Pembroke Road from R-4 Multiple Family Residential District to C-2 General Commercial District

Harold Darnell offered to answer questions regarding this request. There was no expressed opposition.

ORDINANCE 61-2009-10 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Frank H. Darnell, Jr. for zone change on property at Tiny Town Road & Peachers Mill Road from R-2 Single Family Residential District to C-5 Highway & Arterial Commercial District

Harold Darnell offered to answer questions regarding this request. Patti Morgan felt the area residents did not receive sufficient notice of the proposed change and asked that the two parcels affected be voted on separately. She recognized others in the audience who opposed the proposed C-5 zoning on the Little Bobcat Road parcel. Jay Gorban suggested a park or library be built on the property. There was no expressed opposition to the proposed change on the Tara Boulevard parcel.

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 unanimously passed.

ZONING

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 47-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman Barbara Johnson. Councilman Wallace felt the proposed policy would allow for duplicate compensation for billboards. Following discussion, Councilman Summers made a motion to postpone action on this ordinance to the next regular meeting. The motion was seconded by Mayor Pro Tem Redd. A voice vote was taken; the motion to postpone passed without objection.

The recommendations of the Regional Planning Staff and Commission were for disapproval of ORDINANCE 59-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Councilman Harris asked for support of this change on behalf of the speedway. Councilman Allen said the building was currently being used for operations other than its original intent. The following vote was recorded:

AYE: Harris, Redd

NAY: Allen, Burkhart, Forrester, Grubbs, B. Johnson, C. Johnson, Lewis, McLaughlin, 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 60-2009-10. 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, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, 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 both parcels included in ORDINANCE 61-2009-10. Councilman Grubbs made a motion to adopt the proposed zone change for the Little Bobcat Road parcel (A) of this ordinance on first reading. The motion was seconded by Councilman Lewis. The following vote was recorded:

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

The motion to adopt the proposed zone change for the Little Bobcat Road parcel unanimously passed.

Councilman Grubbs made a motion to adopt the proposed zone change for the Tara Boulevard parcel (B) of this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded:

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

NAY: Allen, Harris, Lewis, Summers

The motion to adopt the proposed zone change for the Tara Boulevard parcel passed.

ZONING/CODE AMENDMENT

RESOLUTION 34-2009-10 Authorizing the Regional Planning Commission to initiate an amendment to the Zoning Ordinance and the City Code relative to Madison Street Design Overlay boundaries

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

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

The motion to adopt this resolution 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. RESOLUTION 33-2009-10 Approving a retail liquor store Certificate of Compliance for Horace and Amber Heggie (Pal’s Package Store, 1820 Madison Street)

2. RESOLUTION 36-2009-10 Renewing the retail liquor store Certificate of Compliance for Jesse A. Davie, Sr. (Wine Cellar, 4 Leland Drive)

3. Approval of Minutes: January 4th and January 7th

4. Approval of Board Appointments:

Downtown District Partnership: Robert Nichols – January 2010 through July 2011

Fair Board: Dudley Griffin – January 2010 through December 2010

Public Building Authority: Nick Steward – February 2010 through December 2015

Residential Development Commission: Jeff Burkhart – February 2010 through December 2011

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; Councilman Wallace did not vote on Item 1 and Item 2. The motion passed.

BUILDING & CODES COMMITTEE
Wallace Redd, Chair

Mayor Pro Tem Redd reported 329 cases worked by the Building & Codes staff in January.

COMMUNITY DEVELOPMENT COMMITTEE
Bill Summers, Chair

Councilman Summers said the Community Development staff had a productive meeting with residents regarding the future of Pettus Park.

FINANCE COMMITTEE
Deanna McLaughlin, Chair

ORDINANCE 56-2009-10 (First Reading) Amending the 2010 Capital Projects Budget for an STP grant for Fort Defiance

Councilwoman McLaughlin made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Grubbs. A voice vote was taken; the motion passed without objection.

ORDINANCE 58-2009-10 (First Reading) Amending the 2010 CDE Lightband Budget

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

RESOLUTION 35-2009-10 Authorizing a contract with Roxy Productions, Inc. for purchase of adjacent parking lot

Councilwoman McLaughlin made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. A voice vote was taken; the motion passed without objection.

GAS & WATER COMMITTEE
Bill Summers, Chair

ORDINANCE 57-2009-10 (First Reading) Authorizing extension of sanitary sewer services; request of Conwood Company, LLC, and the Industrial Development Board

Councilman Summers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. A voce vote was taken; the motion passed without objection.

Gas & Water General Manager Pat Hickey referred to his written response to statements made by Jerry Shelly during the public comment period. Mr. Hickey said Mr. Shelly’s services were disconnected for non-payment and said the department did not have a policy regarding immediate reconnection for health reasons.

GENERAL SERVICES COMMITTEE
Marc Harris, Chair

No reports and no action necessary.

PARKS & RECREATION COMMITTEE
Bill Forrester, Chair

Councilman Forrester said citizens who attended a meeting regarding the future of Pettus Park wanted the pool to be repaired and a football field to be constructed in the park.

PUBLIC SAFETY COMMITTEE
Geno Grubbs, Chair

Councilman Grubbs said the Clarksville Police Department responded to 6,300 calls during the month of December 2009, and Clarksville Fire & Rescue answered 271 emergency calls during January 2010.

Councilman Grubbs expressed appreciation to citizens who voluntarily assisted the Clarksville Police Department on street duty and special event support for a total of 2,153 hours in 2009.

STREET COMMITTEE
James Lewis, Chair

ORDINANCE 55-2009-10 (First Reading) Amending the Official Code relative to sidewalks and underground utilities

Councilman Lewis made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Street Department Engineer Jack Frazier said this ordinance limits the time a developer can hold a grandfathered preliminary plat before sidewalks and underground utilities are required. The following vote was recorded:

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

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

Councilman Lewis commended the Street Department for quickly clearing local roads during a recent snow storm.

TRANSPORTATION COMMITTEE
Barbara Johnson, Chair

Councilwoman Barbara Johnson reported a total of 53,815 passengers were transported by Clarksville Transit System and the City Garage processed 407 work orders during the month of January.

CHARTER & CODE REVISIONS

RESOLUTION 37-2009-10 Encouraging the local delegation of the Tennessee General Assembly to support proposed amendments to the City of Clarksville Charter

Councilman Summers made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. The following vote was recorded:

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

NAY: Burkhart, Harris, C. Johnson, Wallace

NEW BUSINESS

ORDINANCE 62-2009-10 (First Reading) Amending the 2010 Street Department Operating Budget for street salt

There was no objection to consideration of this ordinance. Councilman Lewis 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, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Summers, Wallace

RESOLUTION 39-2009-10 Expressing support of an application for Economic Development Agency program funds and for the Clarksville-Montgomery County Regional Airport Improvement Project

This resolution replaced ORDINANCE 63-2009-10 (airport budget amendment) as listed on the agenda; no action was taken on this ordinance.

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

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

NAY: Burkhart, Harris, Redd

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

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

NAY: Burkhart, Harris, Redd

The motion to adopt this resolution passed.

RESOLUTION 38-2009-10 Renewing the retail liquor store Certificate of Compliance for Jack G. Miller (Sango Wine & Spirits, 1049 Hwy. 76)

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

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

NAY: Burkhart, Redd

ABSTAIN: C. Johnson

The motion to consider this resolution passed. Mayor Piper made a motion to adopt this resolution. The motion was seconded by Councilman Grubbs. A voice vote was taken; the motion to adopt this resolution passed.

The meeting adjourned at 9:02 p.m.