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)) CITY COUNCIL
CLARKSVILLE, TENNESSEE
REGULAR SESSION
JANUARY 5, 2012

MINUTES


CALL TO ORDER

The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, January 5, 2012, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee.

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

ATTENDANCE

PRESENT: Nick Steward (1), Deanna McLaughlin (2), James Lewis (3), Wallace Redd (4), Candy Johnson (5; arrived 7:20 p.m.), Marc Harris (6), Geno Grubbs, Mayor Pro Tem (7), David Allen (8), Joel Wallace (9), Bill Summers (10), Kaye Jones (11), Jeff Burkhart (12)

SPECIAL RECOGNITIONS

Mayor McMillan and Fire Chief Mike Roberts presented a Certificate of Appreciation to the following firefighters for their participation in the rescue of a victim trapped on the second floor of Paddock Place Apartments during a fire on November 9, 2011:

EMC Willie Sims
Firefighter Willie Bailey
Lt. Jeremy Stewart
Firefighter Chris Cummings
Firefighter Steve Delle

Mayor McMillan and Chief Roberts presented a Certificate of Retirement to Assistant Chief Billy Edlin for 30 years of service with Clarksville Fire & Rescue.

Mayor McMillan and Director of Transportation Jimmy Smith presented a Certificate of Retirement to Linda Travis for 24 years of service with Clarksville Transit System.

Mayor McMillan presented a Certificate of Appreciation to Rita Arancibia for her many years of working with “Hands on Clarksville.”



PUBLIC HEARING

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

ORDINANCE 46-2011-12 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of L.E. Wilson, Jr., John Arrington-Agent, for zone change on property at Excell Road & Old Excell Road from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

John Arrington offered to answer questions. There was no expressed opposition.

ORDINANCE 47-2011-12 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Helen L. Vick, Richard H. Swift c/o NAI Clarksville-Agent, for zone change on property at Madison Street & Irene Drive from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

Richard Swift asked for support of this request. There was no expressed opposition.

ORDINANCE 48-2011-12 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of the Trustees of Maplewood Baptist Church, Billy J. Mace-Agent, for zone change on property at Tiny Town Road & Clearwater Drive from R-1 Single Family Residential District to R-2 Single Family Residential District

There were no comments in support of or in opposition to this request.

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

ADOPTION OF ZONING

ORDINANCE 46-2011-12 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of L.E. Wilson, Jr., John Arrington-Agent, for zone change on property at Excell Road & Old Excell Road from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

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

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

NOTE: Councilwoman Johnson was not present for this vote.

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

ORDINANCE 47-2011-12 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Helen L. Vick, Richard H. Swift c/o NAI Clarksville-Agent, for zone change on property at Madison Street & Irene Drive from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

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

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

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

ORDINANCE 48-2011-12 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of the Trustees of Maplewood Baptist Church, Billy J. Mace-Agent, for zone change on property at Tiny Town Road & Clearwater Drive from R-1 Single Family Residential District to R-2 Single Family Residential District

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

AYE: Allen, Burkhart, Grubbs, Jones, Lewis, McLaughlin, Redd, Steward, Summers, Wallace

NAY: Harris, Johnson

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 41-2011-12 (Second Reading) Authorizing extension of utility services for Rollow Lane; request of Weakley Brothers Engineering/Arthur Reynolds

2. ORDINANCE 43-2011-12 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Kurt Brogger, et al, Deborah Toothman-Agent, for zone change on property at Old Ashland City Road & Circle Drive from R-2 Single Family Residential District to R-4 Multiple Family Residential District

3. Approval of Minutes: Regular Session - December 1st



4. Approval of Board Appointments:

Audit Committee: Al Irby and Tim Hurst – January 2012 through December 2013

Museum Board: Nick Steward – January 2012 through December 2012; Ray Runyon – January 2012 through December 2014

Parking Authority: Wallace Redd - January 2012 through December 2012; Charlsie Lankford – January 2012 through December 2015 (Removed; see end of Consent Agenda)

Two Rivers Company Design Review Board: Sally Castleman – January 2012 through June 2013 [should be June 2015]

Board of Zoning Appeals: Reid Poland – January 2012 – March 2013; Bill Powers – January 2012 – March 2015; Lorilee Rager – January 2012 – May 2015

Councilman Summers requested separate consideration of appointments to the Parking Authority. Councilman Wallace made a motion to adopt the Consent Agenda as amended. The motion was seconded by Councilman Lewis. Councilman Redd, potential buyer of the property, and Councilman Steward, co-worker of the agent, stated their abstention on ORDINANCE 43-2011-12. The following vote was recorded:

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

The motion to adopt the Consent Agenda, with the exception of noted abstentions, unanimously passed.

PARKING AUTHORITY

Appointments to the Parking Authority were removed from the Consent Agenda at the request of Councilman Summers. Councilman Steward made a motion to appointment Councilman Wallace Redd as the City Council representative on the Parking Authority. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded:

AYE: Allen, Burkhart, Grubbs, Harris, Johnson Jones, Lewis, McLaughlin, Steward, Summers, Wallace

ABSTAIN: Redd

The motion to appoint Councilman Redd to the Parking Authority passed. Councilman Grubbs made a motion to appoint Charlsie Lankford to the Parking Authority, replacing Jeff Robinson whose term had expired. The motion was seconded by Councilman Redd. Councilman Summers made a motion to amend the Councilman Grubbs’ motion to reappoint Jeff Robinson instead of Charlsie Lankford. The motion was seconded by Councilman Steward. Mayor McMillan ruled this motion out of order because recommendations for members of the Parking Authority shall come from the Mayor and not from the City Council. The following vote was recorded:




AYE: Burkhart, Grubbs, Harris, Johnson, Lewis, McMillan, Redd, Wallace

NAY: Allen, Jones, McLaughlin, Steward, Summers

The motion to appointment Charlsie Lankford to the Parking Authority, replacing Jeff Robinson, passed.

COMMUNITY DEVELOPMENT COMMITTEE
Marc Harris, Chair

Councilman Harris informed the Council that the Office of Housing and Community Development received a “Shelter Plus Care” grant renewal in the amount of $105,660 which provides shelter and care for homeless disabled persons and their families.

FINANCE COMMITTEE
Joel Wallace, Chair

ORDINANCE 38-2011-12 (First Reading) Amending the FY12 Parking Authority budget for various capital expenses

Councilman Wallace made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Steward. Councilman Redd made a motion to reduce the amendment from $94,500 to $40,000. The motion was seconded by Councilman Grubbs. Parking Manager David Smith said the amended amount would sufficiently fund necessary general maintenance. Councilman Allen felt the Parking Authority should have authorized the amended request. Following discussion, Councilwoman McLaughlin made a motion to refer this ordinance back to the Parking Authority. The motion was seconded by Councilman Summers. The following vote was recorded:

AYE: Allen, Jones, McLaughlin, Steward, Summers

NAY: Burkhart, Grubbs, Harris, Johnson, Lewis, Redd, Wallace

The motion to refer this ordinance back to the Parking Authority failed. The following vote on the amendment was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Lewis, Redd, Wallace

NAY: Allen, Jones, McLaughlin, Steward, Summers

The motion amendment passed. The following vote on the original motion as amended was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Lewis, Redd, Steward, Summers, Wallace

NAY: Allen, Jones, McLaughlin

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


ORDINANCE 40-2011-11 (Second Reading; Proposed Amendments) Establishing a cell phone usage policy

Councilman Wallace made a motion to adopt this ordinance on second reading including proposed amendments. The motion was seconded by Councilman Redd. The following vote was recorded:

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

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

RESOLUTION 29-2011-12 (Postponed December 1st) Requesting an amendment to the Official Charter relative to conflict of interest

Councilman Wallace made a motion to adopt this resolution. The motion was seconded by Councilman Lewis. Since this issue was addressed in RESOLUTION 33-2011-12 at the end of this agenda, Councilman Grubbs made a motion to table this resolution. The motion was seconded by Councilman Harris. The following vote was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Lewis, Redd, Steward, Summers, Wallace

NAY: Allen, Jones, McLaughlin

The motion to table passed.

RESOLUTION 31-2011-12 Approving an interlocal agreement with Montgomery County pertaining to sharing of costs of pauper burials

Councilman Wallace made a motion to adopt this resolution. The motion was seconded by Councilman Harris. Councilwoman McLaughlin made a motion to reduce the City’s obligation from one-half to 25% regardless of Montgomery County’s participation. The motion was seconded by Councilman Steward. Councilman Steward felt city residents were already paying more than their share in property taxes. Councilman Lewis expressed support for the resolution and called for the question. The question was seconded by Councilman Redd. A voice vote was taken; the motion to cease discussion passed. The following vote on the amendment was recorded:

AYE: Allen, Jones, McLaughlin, Steward, Summers

NAY: Burkhart, Grubbs, Harris, Johnson, Lewis, Redd, Wallace

The amendment failed. The following vote on this resolution was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Jones, Lewis, Redd, Steward, Wallace

NAY: Allen, McLaughlin, Summers

The motion to adopt this resolution as presented passed.


GAS & WATER COMMITTEE
Jeff Burkhart, Chair

Councilman Burkhart announced the intersection at College Street & North Second Street had recently been reopened following several months of sinkhole repair.

PARKS, RECREATION, & GENERAL SERVICES
Deanna McLaughlin, Chair

Councilwoman McLaughlin announced 10,000 persons had visited Fort Defiance Park since April 2011. She said area community centers would be undergoing annual improvements prior to the spring and summer seasons.

PUBLIC SAFETY COMMITTEE
(Building & Codes, Fire, Police)
Geno Grubbs, Chair

ORDINANCE 45-2011-12 (First Reading) Amending the Official Code relative to placement of garbage cans

Councilman Grubbs recognized Councilman Summers who made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Lewis. Councilman Burkhart and Councilman Harris felt this ordinance would not be enforceable. Following discussion, Councilman Lewis called for the question. The question was seconded by Councilwoman Johnson. The following vote was recorded:

AYE: Burkhart, Grubbs, Jones, Lewis, McLaughlin, Steward, Summers, Wallace

NAY: Allen, Harris, Johnson, Redd

The motion to cease discussion failed due to lack of 2/3 majority. Councilwoman Johnson made a motion to postpone action on this ordinance to the February regular session to allow time for further evaluation. The motion was seconded by Councilman Redd. The following vote was recorded:

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

The motion to postpone action on this ordinance to the February regular session unanimously passed.

Councilman Grubbs said Clarksville Fire & Rescue responded to 673 requests for emergency assistance and the Clarksville Police Department answered 12,782 calls during December 2011.

STREETS & TRANSPORTATION COMMITTEE
James Lewis, Chair

Councilman Lewis said the Street Department completed 281 work orders during December 2011. He reported for the same month that Clarksville Transit System transported 69,809 passengers including 288 for the Radical Mission event and 165 for Operation Safe Ride on New Year’s Eve.

NEW BUSINESS

ORDINANCE 50-2011-12 (First Reading) Amending the Traffic Camera Special Revenue Fund and the Capital Projects Budget to transfer funds to the Police Range Construction Project

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

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

RESOLUTION 33-2011-12 Requesting the Tennessee General Assembly to enact legislation to amend the Official Charter of the City of Clarksville

Councilman Redd made a motion to adopt this resolution. The motion was seconded by Councilman Wallace. Mayor McMillan felt the proposed revisions should be forward to the General Assembly for introduction and adoption as soon as possible so that critical issues could be corrected. She said after its ratification a committee including members of the public would be convened to review additional areas that need attention.

Councilman Summers made a motion to postpone action to the March regular session so that additional amendments, such as runoff elections, could be considered. The motion was seconded by Councilman Steward. Councilman Allen expressed support for public input. Following discussion, Councilman Harris called for the question. The question was seconded by Councilman Lewis. The following vote was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Jones, Lewis, McLaughlin, Steward, Summers, Wallace

NAY: Allen, Redd

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

AYE: Allen, Jones, McLaughlin, Steward, Summers

NAY: Burkhart, Grubbs, Harris, Johnson, Lewis, Redd, Wallace

The motion to postpone action on this resolution to the March regular session failed. Councilwoman Johnson called for the question on the original motion. The question was seconded by Councilman Lewis. The following vote was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Lewis, McMillan, Wallace

NAY: Allen, Jones, McLaughlin, Redd, Steward, Summers

The motion to cease discussion on the original motion failed due to lack of 2/3 majority.

Mayor McMillan reminded members that it was the practice of state legislators not to introduce bills to the General Assembly that have not received 2/3 majority support of the local governing body. Following discussion, Councilman Lewis called for the question. The question was seconded by Councilwoman Johnson. The following vote was recorded:

AYE: Allen, Burkhart, Grubbs, Harris, Johnson, Jones, Lewis, McMillan, Wallace

NAY: McLaughlin, Redd, Steward, Summers
The motion to cease discussion on the original motion passed. The following vote on the original motion was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Lewis, McMillan, Redd, Wallace

NAY: Allen, Jones, McLaughlin, Steward, Summers

Although the motion passed by majority and although no law existed that required a 2/3 majority approval for submission to the General Assembly, Mayor McMillan said the resolution should not be forwarded to the local delegation for introduction.

RESOLUTION 29-2011-12 (Postponed December 1st) Requesting an amendment to the Official Charter relative to conflict of interest

This resolution was tabled during the Finance Committee report. Councilman Wallace made a motion to lift this item from the table. The motion was seconded by Councilman Harris. The following vote was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Lewis, McMillan, Redd, Steward, Wallace

NAY: Allen, Jones, McLaughlin, Summers

The motion to lift from the table passed. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Harris. The following vote was recorded:

AYE: Burkhart, Grubbs, Harris, Johnson, Lewis, McMillan, Wallace

NAY: Allen, Jones, McLaughlin, Redd, Steward, Summers

Although the motion passed by majority and although no law existed that required a 2/3 majority approval for submission to the General Assembly, Mayor McMillan said the resolution should not be forwarded to the local delegation for introduction.

MAYOR AND STAFF REPORTS

Mayor McMillan recognized Parks Director Mark Tummons who informed the Council of damage to the New Providence Indoor Aquatic Center. Cuts and tears were discovered in the dome on the morning of January 5th. The Clarksville Police Department was in the process of investigating the incident.

ADJOURNMENT

The meeting adjourned at10:05 p.m.