Council Minutes

CLARKSVILLE CITY COUNCIL REGULAR SESSION
APRIL 2, 2009

MINUTES


The regular session of the Clarksville City Council was called to order by Mayor Johnny Piper on Thursday, April 2, 2009, at 7:30 p.m. in City Council Chambers, 108 Public Square, Clarksville, TN 37040.

A prayer was offered by Councilwoman Barbara Johnson; the Pledge of Allegiance was led by Mayor Pro Tem Wallace Redd.

ATTENDANCE

PRESENT: Barbara Johnson (1), Deanna McLaughlin (2), James Lewis (3), Wallace Redd (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 and Chief Al Ansley introduced new police officers who recently graduated from the Tennessee Law Enforcement Training Academy: Raymon Carroll, Kagan Dindar, Jerry Gray II, Natalie Hall, Peter Millan, David Phillips

PUBLIC HEARING

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

ORDINANCE 51-2008-09 (First Reading; Postponed March 5th) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hock S. Chong, Jeffery B. Long-Agent, for zone change on property at Otis Smith Drive & Bellamy Lane from AG Agricultural District to C-2 General Commercial District

The public hearing for this request was held March 5, 2009.

ORDINANCE 66-2008-09 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ronald Parker, Janice Grubbs, and Ronda Ramsey, Todd Morris-Agent, for zone change on property at Trenton Road & Barkwood Drive from R-1 Single Family Residential District to PUD-4 Planned Unit Development

Councilman Grubbs announced the applicant had withdrawn this request.

ORDINANCE 67-2008-09 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Jeff Burkhart for zone change on property at Tiny Town Road & Peachers Mill Road from R-1 Single Family Residential District to R-2 Single Family Residential District

Vernon Weakley, engineer for the applicant, offered to answer questions. There was no expressed opposition.

ORDINANCE 70-2008-09 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Allen Farms West, Richard Swift-Agent, for zone change on property at Peachers Mill Road & Allen Griffey Road from AG Agricultural District to R-2 Single Family Residential District

Richard Swift said this change would be an extension of an existing residential zone. There was no expressed opposition.

RESOLUTION 53-2008-09 Approving vacation of an unimproved alleyway at the intersection of College Street and North First Street; application of City of Clarksville

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 Mayor Pro Tem Redd. A voice vote was taken; the motion passed without objection.

ZONING

The initial recommendation of the Regional Planning Staff was for disapproval of ORDINANCE 51-2008-09. After learning of Mr. Long’s agreement to purchase sufficient road frontage for the access road, the Staff’s recommendation was changed to approval along with the Regional Planning Commission. 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, 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 67-2008-09. 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, Forrester, Grubbs, Harris, B. Johnson, C. Johnson, Lewis, Mclaughlin, Redd, Summers, Wallace

ABSTAIN: Burkhart

The motion to adopt this ordinance on first reading passed.

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 70-2008-09. 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, Wallace

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

VACATION OF PROPERTY

Councilman Grubbs made a motion to adopt RESOLUTION 53-2008-09. The motion was seconded by Councilwoman Barbara Johnson. 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 resolution passed.

PUBLIC IMPROVEMENTS PROGRAM

RESOLUTION 52-2008-09 Adopting the 2009-2010 through 2013-2014 Public Improvements Program

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.

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 56-2008-09 (Second Reading) Amending the Official Code relative to review of River District Design Guidelines by the Downtown District Partnership Design Review Board

2. ORDINANCE 57-2008-09 (Second Reading) Authorizing exercise of right of eminent domain to obtain easements and property necessary for improvements to the Fairway Drive Lift Station

3. ORDINANCE 58-2008-09 (Second Reading) Authorizing exercise of right of eminent domain to obtain necessary easements and property associated with TDOT improvements to the intersection at Kraft Street- North Second Street-Riverside Drive-New Providence Boulevard

4. ORDINANCE 59-2008-09 (Second Reading) Authorizing exercise of right of eminent domain to obtain necessary easements and property associated with the Monterey Place Water Main Replacement Project

5. ORDINANCE 60-2008-09 (Second Reading) Amending the Official Code relative to Police Specialty Pay (Honor Guard and Horse Patrol)

6. ORDINANCE 64-2008-09 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Theodore Johnson, Rufus S. Johnson, III-Agent, for zone change on property at Memorial Drive & Richaven Road from C-1 Neighborhood Commercial District to MLUD Mixed Land Use District

7. ORDINANCE 65-2008-09 (Second Reading) Amending the 2009 Legislative Department Operating Budget for installation of a new voting system

8. Adoption of Minutes: March 5th, March 23rd

Councilman Burkhart made a motion to adopt the Consent Agenda as presented. 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 the Consent Agenda as presented unanimously passed.

BUILDING & CODES COMMITTEE
Wallace Redd, Chair

Mayor Pro Tem Redd said the Building & Codes Department completed 488 work orders the previous month, 123 of which were citizen complaints.

COMMUNITY DEVELOPMENT COMMITTEE
Bill Summers, Chair

Councilman Summers announced the Housing & Community Development Office had received $217,000 in federal economic stimulus grant funds.

FINANCE COMMITTEE
Deanna McLaughlin, Chair

RESOLUTION 54-2008-09 Authorizing donation of property at 504 Elder Street

Councilwoman Barbara Johnson made a motion to adopt this resolution. The motion was seconded by Councilman Lewis. Councilwoman McLaughlin said the Housing & Community Development recommended this property be donated to a non-profit agency. Director Rita Arancibia said the awarded contract will contain a covenant that will allow the City to monitor the use of the property for twenty years. 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 passed without objection.

RESOLUTION 55-2008-09 Authorizing transfer of property for Providence Point development

Mayor Pro Tem Redd made a motion to adopt this resolution. 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 resolution passed without objection.

RESOLUTION 56-2008-09 Expressing appreciation to Municipal Technical Advisory Service

Mayor Pro Tem Redd made a motion to adopt this resolution. The motion was seconded by Councilman Lewis. A voice vote was taken; the motion passed without objection.

GAS & WATER COMMITTEE
Bill Summers, Chair

ORDINANCE 72-2008-09 (First Reading) Authorizing exercise of right of eminent domain to acquire easements and rights of way for utility improvements required to facilitate design and construction of various projects

Councilman Summers 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, Wallace

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

GENERAL SERVICES COMMITTEE
Marc Harris, Chair

No action required.

PARKS & RECREATION COMMITTEE
Bill Forrester, Chair

Councilman Forrester noted several upcoming recreational events.

PUBLIC SAFETY COMMITTEE
Geno Grubbs, Chair

Councilman Grubbs congratulated new police officers introduced at the beginning of the meeting.

Councilman Lewis reported some donations has been received for the police “shoot house.”

STREET COMMITTEE
James Lewis, Chair

Councilman Lewis said the Street Department completed in excess of 260 work orders in addition to routine street maintenance and department operations.

TRANSPORTATION COMMITTEE
Barbara Johnson, Chair

Councilwoman Johnson announced that Clarksville Transit System had received $1,550,795 from the Tennessee Department of Transportation and $409,999 from the Kentucky Transportation Cabinet through the American Recovery and Reinvestment Act.

NEW BUSINESS

ORDINANCE 71-2008-09 (First Reading) Amending the 2009 Golf Course Operating Budget and the 2009 Capital Projects Budget for Mason Rudolph Clubhouse

Mayor Pro Tem Redd 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, B. Johnson, C. Johnson, Lewis, Mclaughlin, Redd, Summers, Wallace

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

ORDINANCE 73-2008-09 (First Reading) Amending the 2009 Capital Projects Budget for Rails To Trails

Mayor Piper 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.

ORDINANCE 74-2008-09 (First Reading) Authorizing exercise of right of eminent domain to obtain easements and rights of way for the Rails To Trails Project

Mayor Piper made a motion to adopt this ordinance on first reading. The motion was seconded by Mayor Pro Tem Redd. In response to Councilman Burkhart’s question, City Attorney Lance Baker said property owners would be approached for negotiations prior to second reading. The following vote was recorded:

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

NAY: Burkhart, Harris

ABSTAIN: C. Johnson

The motion to adopt this ordinance on first reading passed.

ORDINANCE 75-2008-09 (First Reading) Amending the 2009 Parks & Recreation Budget for repairs to Bel Air Pool House

Councilman Forrester made a motion to adopt this ordinance on first reading. The motion was seconded by Mayor Pro Tem Redd. There was discussion regarding the potential award of this bid to a contractor who was currently in debt to the Gas & Water Department. Parks & Recreation Director Missy Graham said the contractor’s completion time was half of the next bidder. Mayor Piper said the award should be subject to the contractor acquiring a city and county business license. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, Lewis, Mclaughlin, Redd, Wallace

NAY: Harris, B. Johnson, C. Johnson, Summers

The motion to adopt this ordinance on first reading passed.

RESOLUTION 51-2008-09 Approving an amendment to the lease agreement for the North Precinct

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

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

ABSTAIN: Wallace

The motion to adopt this resolution passed.

RESOLUTION 58-2008-09 Authorizing execution, terms, issuance, sale, and payment of $21,753,000 General Obligation Bonds for various projects

Mayor Piper made a motion to adopt this resolution. The motion was seconded by Councilman Lewis. A voice vote was taken; the motion passed without objection.

BOARD APPOINTMENTS

Mayor Pro Tem Redd made a motion to approve the following board appointments. The motion was seconded by Councilwoman McLaughlin. Mayor Piper shared his objection to a letter received from City Judge Charles Smith prior to the meeting objecting to former Councilman Wayne Harrison’s appointment to the Tree Board.

Audit Committee: Russell Pigg - April 2009 through December 2009

Beer Board: Bob Overton – April 2009 through March 2011

Community Health Foundation: Dr. James Hampton, Ben Kimbrough, Sr., Vianca McCluskey, Pricilla Storey – March 2009 through February 2012

Madison Street Design Review Board: Chris Fielder – May 2009 through April 2012

Parking Authority: David Allen – April 2009 through December 2009

Regional Historic Zoning Commission: Geno Grubbs – April 2009 through December 2010

Senior Citizens Board: Marion Hill – March 2009 through April 2011

Tree Board: Wayne Harrison – April 2009 through June 2011

Board of Zoning Appeals: Elaina Johnson – April 2009 through May 2010

A voice vote was taken; the motion to approve the board appointments passed without objection.

The meeting adjourned at 9:07 p.m.