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
MARCH 4, 2010

MINUTES


Prior to the meeting, Treva Gordon shared information about “Celebration of Unity Day,” planned for June 5, 2010, and sponsored by Faith Outreach Church.

The regular session of the Clarksville City Council was called to order by Mayor Johnny Piper on Thursday, March 4, 2010, at 7:30 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)

SPECIAL RECOGNITIONS

Mayor Piper presented a Certificate of Appreciation to Command Sergeant Major Vincent Camacho for 28 years of service in the United States Army.

Mayor Piper expressed appreciation to the Robert Clark and Marshall Ross families for their donation of property for extension of the Clarksville Greenway.

Mayor Piper expressed appreciation to Chad Swallows of Winn Materials for donating all gravel and riprap for the Clarksville Greenway.

PUBLIC HEARING

Councilman Grubbs made a motion to conduct a public hearing to hear comments regarding zoning and annexation. The motion was seconded by Councilwoman McLaughlin. A voice vote was taken; the motion passed without objection.

ORDINANCE 47-2009-10 (Postponed February 4, 2010) Amending the Zoning Ordinance and the Official Code relative to eminent domain billboard replacement

The public hearing was conducted February 4, 2010.

ORDINANCE 69-2009-10 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mark R. Grant and Mark A. Grant, Weakley Brothers Engineering-Agent, for zone change on property at Needmore Road & Whitfield Road from R-1 Single Family Residential District to PUD-3 Planned Unit Development

Vernon Weakley offered to answer questions on behalf of the applicants. Keith Whitfield objected to the proposed change because the area did not have sidewalks and school traffic could be affected.

ORDINANCE 70-2009-10 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Chris Cook, Byrd Surveying, Inc.-Agent, for zone change on property at Dotsonville Road & Arrowfield Drive 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 71-2009-10 (Deferred at Applicant’s Request) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mary Davis Holt, Byrd Surveying, Inc.-Agent, for zone change on property at Cumberland Drive & Irving Lane from R-1 Single Family Residential District to R-1A Single Family Residential District

This request was deferred at the applicant’s request on February 26, 2010.

ORDINANCE 72-2009-10 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Sirois Family Trust, Kevin Minor-Agent, for zone change on property at the terminus of Private Drive from C-2 General Commercial District to R-1 Single Family Residential District

Daniel Harvey said the proposed change would bring the property into compliance. There was no expressed opposition.

ORDINANCE 65-2009-10 (First Reading) Annexing territory at Tylertown Road & Suiter Road; request of Forest Suiter, et al

RESOLUTION 42-2009-10 Adopting a Plan of Service for annexed territory north of Tylertown Road (request of Forest Suiter, et al)

There were no comments regarding this proposed annexation or the Plan of Service.

Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Mayor Pro Tem Redd. A voice vote was taken; the motion passed without objection.

ZONING

Councilman Grubbs made a motion to send ORDINANCE 47-2009-10 back to the Regional Planning Commission for further review. The motion was seconded by Councilman Summers. A voice vote was taken; the motion passed without objection.

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 69-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman Barbara Johnson. The following vote was recorded:

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

ABSTAIN: Wallace

The motion to adopt this ordinance on first reading passed.

The recommendations of the Regional Planning Staff and Commission were for disapproval of ORDINANCE 70-2009-10. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman Barbara Johnson. The following vote was recorded:

NAY: Allen, Burkhart, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, 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 72-2009-10. 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, B. Johnson, C. Johnson, Lewis, McLaughlin, Redd, Summers, Wallace


ANNEXATION

Councilman Grubbs made a motion to adopt ORDINANCE 65-2009-10 on first reading. The motion was seconded by Councilman Lewis. 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.

Councilman Grubbs made a motion to adopt RESOLUTION 42-2009-10 on first reading. The motion was seconded by Councilwoman McLaughlin. 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.

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

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

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

4. ORDINANCE 58-2009-10 (Second Reading) Amending the 2010 CDE Lightband Budget

5. ORDINANCE 60-2009-10 (Second 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

6. ORDINANCE 61A-2009-10 (Second 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 & Little Bob Cat Road from R-2 Single Family Residential District to C-5 Highway & Arterial Commercial District

7. ORDINANCE 61B-2009-10 (Second 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 & Tara Boulevard from R-2 Single Family Residential District to C-5 Highway & Arterial Commercial District

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

9. ORDINANCE 67-2009-10 (Second Reading) Amending to the 2010 Capital Projects Budget to transfer funds to the Garage Fueling Center project

10. ORDINANCE 68-2009-10 (Second Reading) Amending the Official Code relative to automated traffic signal enforcement

11. Approval of Minutes: February 4th

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 Harris voted “nay” on ORDINNCE 61A-2009-10. Councilman Allen voted “nay” on ORDINANCE 61B-2009-10. The motion to adopt the Consent Agenda passed.

BUILDING & CODES COMMITTEE
Wallace Redd, Chair

Mayor Pro Tem Redd said the department was reviewing the current graffiti ordinance.

Mayor Piper announced that bids were being solicited for demolition of Ratchford Apartments on Peachers Mill Road.

COMMUNITY DEVELOPMENT COMMITTEE
Bill Summers, Chair

Councilman Summers said a contract had been awarded and construction would begin immediately on the Providence Point development. Councilman Summers said Beech Street Apartment would soon be rehabilitated with Community Development funds..

FINANCE COMMITTEE
Deanna McLaughlin, Chair

ORDINANCE 63-2009-10 (First Reading) Amending the 2010 Operating Budget and authorizing a donation to Mt. Olive Cemetery Historical Preservation Society

Councilwoman McLaughlin made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Lewis. Councilman Summers made a motion that funds be paid directly to vendors for the unmarked grave foot stones. There was no objection. The following vote was recorded:

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

NAY: Redd

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

ORDINANCE 64-2009-10 (First Reading) Amending the 2010 Special Events Budget for additional “Jammin’ in the Alley”

Councilwoman McLaughlin 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, McLaughlin, Redd, Summers, Wallace

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

RESOLUTION 41-2009-10 Authorizing a lease for property at John F. Outlaw Field for Fire Station 7

Councilwoman McLaughlin made a motion to adopt this resolution. The motion was seconded by Councilwoman Barbara Johnson. 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.


RESOLUTION 43-2009-10 Authorizing purchase of property on Eighth Street for Clarksville Fire & Rescue

Councilwoman McLaughlin made a motion to adopt this resolution. The motion was seconded by Mayor Pro Tem Redd. Councilwoman McLaughlin said the property was appraised at $70,000, but the Finance Committee recommended purchasing the property for asking price of $75,000 which was less than the budgeted amount of $85,000. 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.

GAS & WATER COMMITTEE
Bill Summers, Chair

ORDINANCE 66-2009-10 (First Reading) Authorizing exercise of right of eminent domain to obtain necessary easements for various utility projects

Councilman Summers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Councilman Harris objected to approving multiple projects prior to construction. The following vote was recorded:

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

NAY: Burkhart, Harris

The motion to adopt this ordinance on first reading passed.

GENERAL SERVICES COMMITTEE
Marc Harris, Chair

No action required.

PARKS & RECREATION COMMITTEE
Bill Forrester, Chair

In response to inquiries relative to renovation of Fairgrounds Park, Mayor Piper reported the following:

Bid Package #1 expenses currently totaled $7,987,350, of which $3,369,301 was associated with the marina basin. The balance of this contract included clearing the 140-acre park, bank stabilization, major grading, build-up of all roads, Freedom Point site, Wilma Rudolph Pavilion site, former Jaycee Building site, and behind Riverside Drive properties for extension of the RiverWalk, construction of the 10-acre pond, and two bridges.

Bid Package #2 expenses currently totaled $6,700,000 for final grading, utility infrastructure, and completion of roads, parking, walkways, and landscaping.

Bid Package #3 funding totaled $5,898,114 for construction of Freedom Point, three pavilions, a dog park, and two picnic shelters.

Change Orders to date for Bid Package #1 (marina) totaled $79,914; Bid Package #2 change orders totaled $3,435.

Mayor Piper said November 10, 1010, was the expected project completion date.

PUBLIC SAFETY COMMITTEE
Geno Grubbs, Chair

RESOLUTION 40-2009-10 Authorizing an interlocal contract with Tennessee Wildlife Resources Agency regarding a Clarksville Police Department Boat Patrol

Councilman Grubbs made a motion to adopt this resolution. 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 adopt this resolution unanimously passed.

STREET COMMITTEE
James Lewis, Chair

Councilman Lewis reported the Street Department received TDOT stimulus funds which will be used for paving Cunningham Lane and Crossland Avenue and for lighting the Gander Memorial Bridge. Councilman Lewis said the department processed 250 work orders during the month of February.

TRANSPORTATION COMMITTEE
Barbara Johnson, Chair

Councilwoman Barbara Johnson said Clarksville Transit System transported 57,720 passengers and the City Garage completed 425 work orders during the month of February.

DESIGNATIONS COMMITTEE
Deanna McLaughlin, Chair

RESOLUTION 44-2009-10 Designating John D. Maddox, Sr. Field at Mericourt Park

Councilman Forrester made a motion to adopt this resolution. The motion was seconded by Councilman Wallace. 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.

CHARTER REVISIONS

Attorney Roger Maness reminded the Council that RESOLUTION 57-2008-09, requesting approval of proposed amendments to the Official Charter, had been presented to the House Local Government Subcommittee of the Tennessee General Assembly on May 6, 2009. The resolution was tabled pending responses to legal questions. The resolution was again presented to the same subcommittee on February 24, 2010, and was postponed with an amendment requiring the proposed Charter to be placed on the November 2010 ballot.

NEW BUSINESS

Mayor Piper made a motion to consider RESOLUTION 46-2009-10. The motion was seconded by Mayor Pro Tem Redd. The following vote was recorded:

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

NAY: C. Johnson

The motion to consider passed.

RESOLUTION 46-2009-10 Requesting the Tennessee General Assembly to withdraw pending legislation to amend the Official Charter of the City of Clarksville

Councilwoman McLaughlin made a motion to adopt this resolution. The motion was seconded by Mayor Pro Tem Redd. The following vote was recorded:

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

NAY: Burkhart, C. Johnson

The motion to adopt this resolution passed.

Mayor Piper made a motion to consider RESOLUTION 47-2009-10. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded:

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

The motion to consider unanimously passed.

RESOLUTION 47-2009-10 Authorizing an interlocal contract with Montgomery County and the Tennessee Department of Transportation relative to the Surpline Trail

Mayor Piper made a motion to adopt this resolution. The motion was seconded by Councilman Summers. Councilman Summers made a motion to postpone action to allow time to obtain additional information about the project. The motion was seconded by Mayor Pro Tem Redd. The following vote was recorded:

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

NAY: Harris

The motion to postpone action on this resolution passed.

Mayor Piper made a motion to approve the following board appointments. The motion was seconded by Mayor Pro Tem Redd.

Board of Equalization: Morrell Boyd and Sinclair Daniel – May 2010 through April 2012

Power Board: Gene Washer – March 2010 through February 2013

River District Commission: Daniel Binkley, Michael Connerth, Rex Hawkins, Bill Roberts, John Rudolph, Mary Nell Wooten – March 2010 through February 2013

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

The meeting adjourned at 9:05 p.m.