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City Council Regular Session and Comment for October 6th

City of ClarksvilleClarksville, TN – Below is the agenda for the October 6th, 2011 regular council voting session. I want to mention one item that is on the agenda that will be up for a vote. You will see under the Public Safety Committee Ordinance 28-2011-12.

This ordinance will repeal the limit on the number of liquor stores within the city limits. Currently, the limit is 13 which was  set in 1963. According to the Clarksville-Montgomery County Economic Development Council, the population of Clarksville  in 1960 was 22,021 and in 1970 was 31,719.

So in 1963 the population was likely around 25,000. So that is about 2000 people for every liquor store that could be built at that time. Today we are at 133,000 so that makes over 10,000 people per liquor store. By the year 2020 we are projected to be in the 180,000 range of population which would equate to almost 14,000 people per liquor store.

Why a limit of 13 in 1963? No one has been able to say and is likely a number pulled from a hat, if research based on why other such number limits were written into other ordinances is an indicator. Has this raised a big uproar?  No. I have received input from four ministers who are against it, four residents who are against it and four residents who are for it as of this time period. Several of those who are against it would like to see even stricter numbers.

Several of those that are against it cite the problems alcohol bring. There is no disputing that the abuse of alcohol can lead to problems. Then again so do legal and illegal drugs, abuse of paints and glues and many other substances. However, the voters of Clarksville-Montgomery County decided at least 50 years that they wanted alcohol available to purchase.

Thus, there is no decision as to whether we sell a legal and regulated product as that was made years ago. In addition, there is no data, law, business requirement, religious or moral code that dictates if there is a proper number of liquor stores to have in a city. 

While some have concerns over the potential increase in liquor stores I have not received any concerns over the increase in corner stores, gas stations and restaurants that sell beer and liquor by the drink.  Beer and drinks at bars and clubs is just as abused or more so due to ease of purchase and the hundreds of locations; and with beer it is usually cheaper.

Another factor that has arisen is there seems to be a unadvertised market for gaining and paying for city liquor business permits. I have been contacted by a couple of liquor store owners who are against this ordinance. They have cited paying a “premium” price for gaining a liquor store and license to use and want to protect their investment. They do not believe it fair that a new business person that wanted to open a liquor store should be able to go to City Hall and apply for a permit for free. Thus, it seems our arbitrary limit on just liquor stores and no other business that sells alcohol (that can be abused as easily) has created a monopoly in which the city is the “enforcer” to keep others from joining a legal business and protect those already in it. 

It must be noted that the recommendation to increase the number of liquor stores is from people who have approached council members (I am one of them) wanting to open such a business, but are not on the “inside” or prepared to pay “extra” to buy their way in. One of the universal complaints in America today is there are too many government rules and restrictions for new entrepreneurs. This is a textbook case of Clarksville being an impediment to a legal business opportunity. 

How many liquor stores is too many? The market place should and will make that determination. If we used the ratio of 1963 permits and population to 2011 it would say that we should permit about 67 liquor stores. Since Clarksville is about 100 square miles that would be one liquor store within every 1.5 square miles. I would doubt very many would open or stay open at that rate. So the worries that one will open on every street corner are unfounded.  Also, the claim that if we don’t increase the number will keep it out of my neighborhood is unfounded too as someone that may buy their way in could move to a different location…maybe near you.

I will support the repeal of the limit.  One other item that has been mentioned by these folks is if this passes, could we establish a buffer in distance that the store would have to stay away from churches, schools, daycares, etc. I would fully support that and it was mentioned as a follow-on action to this potential ordinance at the Safety Committee. I would go further and say that I would include businesses that sell beer in that buffer.

Editor’s Note: This article contains the view points of Councilman Bill Summers and may not represent the views of the rest of the City Council, the City of Clarksville or ClarksvilleOnline.

City Council Regular Session

CLARKSVILLE CITY COUNCIL

REGULAR SESSION

OCTOBER 6th, 2011, 7:00PM

COUNCIL CHAMBERS

106 PUBLIC SQUARE

CLARKSVILLE, TENNESSEE

PUBLIC COMMENTS:

  • 6:40 pm Barbara Brown
  • 6:45 pm Steve Estep
  • 6:50 pm Devan Burks
  • 6:55 pm Tommy Valejos

AGENDA

1) CALL TO ORDER

2) PRAYER AND PLEDGE OF ALLEGIANCE

3) ATTENDANCE

4) PLANNING COMMISSION

ZONING: PUBLIC HEARING

1. ORDINANCE 30-2011-12 (First Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Space For Lease, Trent Knott-

Agent, for zone change on property located at Madison Street & 76 Connector

from M-3 Planned Industrial District to C-5 Highway & Arterial Commercial

District (RPC: Approval/Approval)

2. ORDINANCE 31-2011-12 (First Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Clarksville-Montgomery

County Community Action Agency, Leslie Chiodini, Executive Director-Agent,

for zone change on property located at Ft. Campbell Boulevard & Lafayette Road

from C-2 General Commercial District and R-1 Single Family Residential District

to O-1 Office District (RPC: Approval/Approval)

3. ORDINANCE 32-2011-12 (First Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Joseph K. Lingauer for zone

change on property located at Kelsey Drive & Dover Road from R-1 Single

Family Residential District to C-5 Highway & Arterial Commercial District

(RPC: Approval/Approval)

4. ORDINANCE 33-2011-12 (First Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of James W. Bell, Jr., David H.

Dabbs-Agent, for zone change on property located at Ted Crozier Boulevard &

Dunlop Lane from C-2 General Commercial District to C-5 Highway & Arterial

Commercial District (RPC: Approval/Approval)

5. ORDINANCE 34-2011-12 (First Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Mack Phillips for zone change

on property located at Whitfield Road & Old Trenton Road from AG Agricultural

District to R-2A Single Family Residential District (RPC: Approval/Approval)

6. ORDINANCE 35-2011-12 (First Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Industrial Development Board

c/o Mike Evans for zone change on property located at Arvin Drive and Fox

Meadow Way from M-2 General Industrial District to R-2 Single Family

Residential District (RPC: Approval/Approval)
 

5) 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 14-2011-12 (Second Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Wayne Darnell/Urban Farms,

Chad Swallows/Winn Marine-Agent, for zone change on property at Ginkgo

Drive & Aspen Drive from R-2 Single Family Residential District to M-2 General

Industrial District

2. ORDINANCE 17-2011-12 (Second Reading) Authorizing extension of

utilities to 1859 Walnut Grove Road; request of Nancy L. Bumpus

3. ORDINANCE 18-2011-12 (Second Reading) Authorizing purchase of

property on Riverside Drive for Gallows Hollow sewer pump station

improvements

4. ORDINANCE 19-2011-12 (Second Reading) Authorizing purchase of property

for expansion of Clarksville Transit System administrative and maintenance

facilities

5. ORDINANCE 23-2011-12 (Second Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Gateway Health System c/o Bill

Wyatt, Richard H. Swift-Agent, for zone change on property at Madison Street &

Haynes Street from O-1 Office District to C-2 General Commercial District

6. ORDINANCE 24-2011-12 (Second Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Durrett Investments for zone

change on property at Tiny Town Road & West Boy Scout Road from C-1

Neighborhood Commercial District and R-2 Single Family Residential District to

C-2 General Commercial District

7. ORDINANCE 25-2011-12 (Second Reading) Amending the Zoning Ordinance

and Map of the City of Clarksville, application of Nick Datillo for zone change on

property at Evans Road & Batts Lane from R-4 Multiple Family Residential

District to R-2D Two Family Residential District

8. Approval of Board Appointments:

Community Health Foundation: Anne Black, Jennifer Ellis, Mike O’Malley, Jack

Turner (reappointments) – March 2011 through February 2014

Human Relations Commission: Dr. Jonniann Butterfield, Martha Evans, Dr.

Roxanne Gerbrandt, Dr. James W. Hunt, Kenneth Roberts, Ferosete Melendrez

(replace Mary Margaret Flannagan, George Fort, Kenneth Franklin, Naomi

Jerkins, Arnell Melendrez, Rosa Ponce-all resigned) – October 2011 through June

2013

Parking Authority: Mitch Robinson (replace Scott Giles-resigned) – October

2011 through December 13th

Senior Citizens Board: Sonja Baggett (replace John Forrer-resigned) October

2011 through April 2013; Deborah Elms (replace Rebecca Overton-term expired)

– October 2011 through April 2012; Randy Ashby (replace Elizabeth Adamskiresigned)

– October 2011 through April 2013

Storm Water Board of Appeals: Rick Reda (replace Elaina Johnson-term expired)

– October 2011 through October 2012

9. Approval of Minutes: Special Session March 29, Regular Session September 1

6) COMMUNITY DEVELOPMENT COMMITTEE

Marc Harris, Chair

7) FINANCE COMMITTEE

Joel Wallace, Chair

1. ORDINANCE 26-2011-12 (First Reading) Establishing and funding a Capital

Project for Smith-Trahern Repairs (Parks & Recreation and Finance

Committees: Approval)

2. ORDINANCE 27-2011-12 (First Reading) Amending the FY12 Capital Projects

budget to transfer funds from the Cumberland Drive/Hwy. 48-13 Intersection

Amenities project to the Drainage Mitigation Project (Finance Committee:

Approval)

3. ORDINANCE 29-2011-12 (First Reading) Authorizing a land swap between

the City of Clarksville and Neal Bateman for Red River Pump Station

Improvements (Finance Committee: Approval)

4. RESOLUTION 27-2011-12 Authorizing an interlocal contract with Montgomery

County relative to the Green Certification program (Finance Committee:

Approval)

8) GAS & WATER COMMITTEE

Jeff Burkhart, Chair

9) PARKS & RECREATION

(Parks, Recreation, General Services)

Deanna McLaughlin, Chair

10) PUBLIC SAFETY COMMITTEE

(Building & Codes, Fire, Police)

Geno Grubbs, Chair

1. ORDINANCE 28-2011-12 (First Reading) Amending the Official code relative

to the number of retail liquor stores inside the city limits (Public Safety

Committee: Approval)

11) STREETS & TRANSPORTATION COMMITTEE

James Lewis, Chair

12) NEW BUSINESS

1. Selection of marina developer (Mayor McMillan)

2a. Consideration of re-appointment to the Tree Board (Mayor McMillan; . majority

approval required)

2b. Approval of re-appointment of John Beach to the Tree Board – July 2011 through June 2014

3a. Consideration of RESOLUTION 25-2011-12 (Mayor McMillan; . majority

approval required)

3b. RESOLUTION 25-2011-12 Approving a Memorandum of Understanding with

Montgomery County and the State of Tennessee relative to the Veterans

Community Living Center (Mayor McMillan)

13) MAYOR AND STAFF REPORTS

1. Report on proposed purchase of property for Woodstock Subdivision drainage

improvements

14) ADJOURNMENT

Bill Summers
Bill Summershttp://www.cityofclarksville.com/
Bill Summers is the City Councilman for Ward 10 in Clarksville, TN. Disclaimer: The views and opinions expressed by the author are not necessarily those of the City of Clarksville or Clarksville Online.
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