Council Minutes

CLARKSVILLE CITY COUNCIL
REGULAR SESSION
JUNE 4, 2009

CITY COUNCIL CHAMBERS
108 PUBLIC SQUARE
CLARKSVILLE, TENNESSEE


MINUTES

Prior to the meeting, Ferris Watson commented on the lack of enforcement of handicap parking violations.

The regular session of the Clarksville City Council was called to order by Mayor Johnny Piper on Thursday, June 4, 2009, at 7:30 p.m. in City Council Chambers, 108 Public Square, Clarksville, Tennessee.

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

ATTENDANCE

PRESENT: 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 Forrester (11), Jeff Burkhart (12)

ABSENT: Barbara Johnson (1), Bill Summers (10)

SPECIAL RECOGNITIONS

Mayor Piper proclaimed June 4, 2009, as “Lady Govs Basketball Day” in honor of the Austin Peay State University ladies basketball team.

PUBLIC HEARING

Councilman Grubbs made a motion to conduct a public hearing to receive comments regarding zoning and vacation of property. The motion was seconded by Mayor Pro Tem Redd. A voice vote was taken; the motion unanimously passed.


ORDINANCE 68-2008-09 (First Reading; Postponed by Applicant April 30th) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Kevin Peterson, David Adkins-Agent, for zone change on property at Tylertown Road & Trenton Road from M-1 Light Industrial District and C-4 Highway Interchange District to M-2 General Industrial District

David Adkins, on behalf of Queen City Metals, offered to answer questions. There was no expressed opposition.

ORDINANCE 80-2008-09 (First Reading; Postponed by Applicant April 30th) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Donald and Bryan Wolff for zone on property at Shelby Street and Providence Boulevard from R-4 Multiple Family Residential District to C-2 Neighborhood Commercial District

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

ORDINANCE 85-2008-09 (First Reading; Postponed by City Council May 7th) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Patricia Day, Todd Biter-Agent, for zone change on property on Durrett Drive from R-1 Single Family Residential District to R-4 Multiple Family Residential District

Ronnie Fuqua and Todd Biter said multi-family townhouse units would be constructed on the property.

ORDINANCE 95-2008-09 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Kleeman Packing Company for zone change on property on Ford Street from R-3 Two & Three Family Residential District to M-2 Light Industrial District

Jack Rudolph said initial plans were to develop the property away from Ford Street and the existing quarry would eventually be expanded. There was no expressed opposition.

ORDINANCE 96-2008-09 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of H & Y Partnership for zone change on property on Tracy Lane from R-1 Single Family Residential District to R-4 Multiple Family Residential District

Brad Pavlik, DBS & Associates, offered to answer questions. There was no expressed opposition.

RESOLUTION 71-2008-09 Approving vacation of an unimproved right-of-way south of Corporate Parkway Boulevard and ease of Alfred Thun Road; request of Fulton Wilson

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 recommendation of the Regional Planning Staff was for approval; the recommendation of the Regional Planning Commission was for disapproval of ORDINANCE 68-2008-09. 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, Burkhart, Grubbs, Harris, C. Johnson, Lewis, McLaughlin, Redd, Wallace

Councilman Forrester did not vote. The motion to adopt this ordinance on first reading passed.

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 80-2008-09. 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, Burkhart, Forrester, Grubbs, Harris, C. Johnson, Redd, Wallace

NAY: Lewis, McLaughlin

The motion to adopt this ordinance on first reading passed.

The recommendation of the Regional Planning Staff was for disapproval; the recommendation of the Regional Planning Commission was for approval of ORDINANCE 85-2008-09. 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, Burkhart, Grubbs, Harris, C. Johnson, Redd, Wallace

NAY: Lewis, McLaughlin

Councilman Forrester did not vote. The motion to adopt this ordinance on first reading passed.

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 95-2008-09. 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, Burkhart, Forrester, Grubbs, C. Johnson, Lewis, McLaughlin, Redd, Wallace

NAY: Harris

The motion to adopt this ordinance on first reading passed.

The recommendations of the Regional Planning Staff and Commission were for approval of ORDINANCE 96-2008-09. 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, Burkhart, Forrester, Grubbs, Harris, C. Johnson, Lewis, McLaughlin, Redd, Wallace

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

VACATION OF PROPERTY

Councilman Grubbs made a motion to adopt RESOLUTION 71-2008-09. The motion was seconded by Mayor Pro Tem Redd. The following vote was recorded:

AYE: Allen, Burkhart, Forrester, Grubbs, C. Johnson, Lewis, Redd, Wallace

NAY: Harris, McLaughlin

The motion to adopt this resolution 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 69-2008-09 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Wayne Clardy, Jennifer and Ben Moore-Agents, for zone change on property at Rossview Road and Exeter Lane from R-1 Single Family Residential District to O-1 Office-Medical-Institutional-Civic District [Removed; see below]

2. ORDINANCE 76-2008-09 (Second Reading) Amending the Official Code relative to membership of the Downtown District Partnership

3. ORDINANCE 77-2008-09 (Second Reading) Authorizing exercise of right of eminent domain to obtain necessary property and easements for intersection improvements at Madison Street & Dr. King Parkway, Madison Street & Richview Road, Dunbar Cave Road & Wilma Rudolph Blvd., and Hwy. 48-13 & Riverside Drive

4. ORDINANCE 78-2008-09 (Second Reading) Amending the Official Code relative to fees for closed circuit television inspections

5. ORDINANCE 81-2008-09 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Clarksville Manor, Inc., Richard Swift-Agent, for zone change on property at Old Ashland City Road & Proctor Drive from R-3 Two & Three Family Residential District to O-1 Office-Medical-Institutional-Civic District

6. ORDINANCE 82-2008-09 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Meadow Wood Park for zone change on property at Professional Park Drive & Cardinal Drive from R-4 Multiple Family Residential District to O-1 Office-Medical-Institutional-Civic District

7. ORDINANCE 83-2008-09 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Meadow Wood Park for zone change on property at Professional Park Drive & Kim Drive from R-2 Single Family Residential District to R-4 Multiple Family Residential District

8. ORDINANCE 86-2008-09 (Second 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 R-4 Multiple Family Residential District

9. ORDINANCE 87-2008-09 (Second Reading) Amending the Official Code relative to weapons [Removed; see below]

10. Adoption of Minutes: May 7, 2009 and May 28, 2009

12. Approval of Board Appointments:

Audit Committee: Scott Pfister – June 2009 through December 2009

Board of Adjustments & Appeals: Coy Baggett – July 2009 through June 2013

Downtown District Partnership: Tad Bourne, Charlie Foust, Scott Giles, Lane Lyle, Doug Jackson – July 2009 through June 2012

Economic & Community Development Board: Courtney Caudill – July 2009 through June 2013

Museum Board: Ray Runyon – June 2009 through December 2011

Regional Library Board: Matt Ellis – July 2009 through June 2012

Tree Board: Phillip Brown and Tracy Jackson – July 2009 through June 2012

Councilman Burkhart requested separate consideration of ORDINANCE 69-2008-09; Mayor Pro Tem Redd requested separate consideration of ORDINANCE 87-2008-09.

Mayor Pro Tem Redd made a motion to adopt the Consent Agenda with the exception of Item 1 and Item 9. The motion was seconded by Councilman Grubbs. A voice vote was taken; the motion passed without objection.

Councilman Wallace made a motion to adopt ORDINANCE 69-2008-09 on second reading. The motion was seconded by Councilwoman Johnson. Councilman Burkhart said he had received numerous calls objecting to this zone change. Councilwoman McLaughlin felt the proposed O-1 use would be too close to the existing Rossview school complex. The following vote was recorded:

AYE: Allen, Grubbs, C. Johnson, Redd, Wallace

NAY: Burkhart, Forrester, Harris, Lewis, McLaughlin

Mayor Piper voted “aye.” The motion to adopt this ordinance on second reading passed.

Mayor Pro Tem Redd made a motion to postpone action on ORDINANCE 87-2008-09. The motion was seconded by Councilwoman McLaughlin. City Attorney Lance Baker said recently passed state legislation should be considered prior to final adoption of this ordinance. A voice vote was taken. The motion to postpone action on this ordinance passed.

BUILDING & CODES COMMITTEE
Wallace Redd, Chair

Mayor Pro Tem Redd said the Building & Codes addressed 483 cases during the month of May 2009.

COMMUNITY DEVELOPMENT COMMITTEE
Joel Wallace

In the absence of Chairman Bill Summers, Mr. Wallace announced the appointment of Keith Lampkin as the new Director of Housing & Community Development. Mayor Piper expressed appreciation to former director Rita Arancibia who recently resigned.

FINANCE COMMITTEE
Deanna McLaughlin, Chair

ORDINANCE 88-2008-09 (First Reading) Amending the Official Code relative to extension of probationary period for firefighters and sworn police officers

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.

ORDINANCE 89-2008-09 (First Reading) Establishing a capital project and amending the 2009 Capital Projects Budget for lighting of ball fields at Heritage Park

Councilwoman McLaughlin made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Lewis. Mayor Piper stated that significant repairs and improvements are also currently needed at Stokes Field. A voice vote was taken; the motion passed without objection.

ORDINANCE 92-2008-09 (First Reading) Amending the Official Code relative to partial payments of property taxes

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

RESOLUTION 69-2008-09 Amending Personnel Procedure 07-1 relative to transfer of police hand guns to retired employees

Councilwoman McLaughlin 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 without objection.

RESOLUTION 70-2008-09 Authorizing the Commissioner of Finance & Revenue to file a claim for unclaimed property

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

GAS & WATER COMMITTEE
Deanna McLaughlin

No action necessary.

GENERAL SERVICES COMMITTEE
Marc Harris, Chair

No action necessary.

PARKS & RECREATION COMMITTEE
Bill Forrester, Chair

Councilman Forrester announced Fairgrounds Park would be closed to the public on June 15th, for park renovation and marina construction and noted various upcoming events sponsored by the Parks & Recreation Department.

PUBLIC SAFETY COMMITTEE
Geno Grubbs, Chair

Councilman Grubbs extended well wishes to Police Sgt. Travis Fillmore and Officer Raymond Carroll who were injured in a vehicle collision during an apprehension.

Councilman Grubbs announced that Clarksville Fire & Rescue raised more than $6,700 for the local Red Cross.

STREET COMMITTEE
James Lewis, Chair

Councilman Lewis said the Street Department processed more than 300 work orders during the month of May.

Councilwoman McLaughlin announced the honorary dedication ceremony for Duncheski Parkway would be held June 5th.

TRANSPORTATION COMMITTEE
David Allen

No action necessary.

NEW BUSINESS

ORDINANCE 97-2008-09 (First Reading) Amending the Official Code relative to pets in public parks

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

Councilman Forrester made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. In response to Councilwoman Candy Johnson’s question, City Attorney Lance Baker said the Charter enables the Council to delegate enforcement authority to the Parks Department. Parks Director Missy Graham said appropriate signage would be installed in the designated parks. A voice vote was taken; the motion passed without objection.

RESOLUTION 72-2008-09 Authorizing a contract with Tennessee Department of Transportation for Riverside-Kraft-North Second-New Providence Blvd. (S.R. 12 & S.R. 13) intersection improvements

Mayor Piper made a motion to consider this resolution. The motion was seconded by Councilwoman McLaughlin. A voice vote was taken; the motion passed without objection.

Mayor Piper made a motion to adopt this resolution and to authorize the Street Department to negotiate elements of the contract that will benefit the City. The motion was seconded by Mayor Pro Tem Redd. Mayor Piper said the standard contract had been expanded to include theme lighting at the City’s expense. Street Department Engineer Jack Frazier said the project should be completed within 90 days. A voice vote was taken; the motion passed without objection.

MAYOR AND STAFF REPORTS

Human Resources Director Will Wyatt said part-time employment was being considered for retiring Commissioner of Finance Wilbur Berry to assist a new finance director.

ADJOURNMENT

The meeting adjourned at 8:29 p.m.