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Minutes |
The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilmember Jason Alexander.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Tygard, and President Gentry (38); Absent: Brown, Knoch (2).
The Minutes of the regular meeting of May 6, 2003 were approved.
The President announced that five (5) proposed amendments to the Rules of
Procedure of the Metropolitan Council had been filed with the Metropolitan
Clerk and would be acted upon at the next regular meeting of the Council.
– ELECTIONS AND CONFIRMATIONS –
Community Access Television Special Committee
Reappointment of Ms. Meg Mazzone to the Community Access Television Special
Committee for a term expiring March 1, 2006. At the request of the appointee,
the confirmation was deferred.
Reappointment of Ms. Betty Cannon to the Community Access Television Special Committee for a term expiring March 1, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Jacqueline Shrago to the Community Access Television Special Committee for a term expiring March 1, 2006. In the absence of the appointee, the confirmation was deferred.
Reappointment of Mr. Michael Schoenfeld to the Community Access Television Special Committee for a term expiring March 1, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Robert Tuke to the Community Access Television Special
Committee for a term expiring March 1, 2006. At the request of the appointee,
the confirmation was deferred.
Board of Fair Commissioners
Reappointment of Ms. Mary Pruitt to the Board of Fair Commissioners for a
term expiring May 17, 2008. The Rules-Confirmations-Public Elections Committee
recommended the appointment and Mr. Greer moved for confirmation, which motion
was seconded and adopted by a unanimous vote of the Council.
Fire and Building Code Appeals Board
Reappointment of Mr. James Buckley for a term expiring March 1, 2007. At the
request of the nominee, the reappointment was withdrawn without objection.
Plumbing Examiners and Appeals
Appointment of Mr. Winston Huff for a term expiring February 15, 2007. At the
request of the nominee, the appointment was withdrawn without objection.
- RESOLUTIONS
-
SUBSTITUTE RESOLUTION NO. RS2003-1414
A resolution requesting the Department of Codes Administration, the Department of Public Works, the Metro Beautification and Environment Commission, Nashville Electric Service, and the Tennessee Department of Transportation to enforce the Metropolitan Code provisions prohibiting the placement of signs within the public right-of way and to remove all illegally placed signs within the public right-of-way. Mr. Dread moved to withdraw the resolution, which motion was seconded and adopted by a unanimous vote of the Council.
A resolution appropriating $325,000 in Community Development Block Grant funds for community recreational improvements at Murrell School and the acquisition of streetscape improvements in the Edgehill Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Greer offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Greer moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (36); "Noes" (0).
A resolution requesting Governor Phil Bredesen and the Tennessee General Assembly to propose, support, and remain open to options and alternatives to keep our revenue sharing system in tact. The resolution was approved by the Budget and Finance Committee. Mr. Ponder moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Alexander, Holloway, Kerstetter, Turner, Williams, and Tygard (32); "Noes" (0); “Abstaining” Hall, Shulman, Sontany and Jenkins (4).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to repeal T.C.A. Section 39-17-1551. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Ponder moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution requesting the Metropolitan Transit Authority to rename the Downtown Landport facility the “Clement Landport”. The resolution was approved by the Transportation and Aviation Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution requesting the Metropolitan Board of Public Education to take the action necessary to commence the process of acquiring, by negotiation or condemnation, all of the property behind Hume Fogg Academic High School for future educational uses. The resolution was approved by the Education Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution proclaiming May 30, 2003, to be “Community Action Day” in Nashville and Davidson County and commemorating the Metropolitan Action Commission as the community’s action agency. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution proclaiming June 5, 2003, as “National Hunger Awareness Day”. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution calling the Metropolitan Board of Equalization (“the MBOE”) into regular session convening June 2, 2003 and adjourning June 18, 2003 and calling the MBOE into special session convening June 19, 2003 to complete any unfinished business from its regular June 2003 session, to complete the equalization, and to conduct its administrative duties, as necessary, said special session not to continue beyond May 31, 2004. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution appropriating
$50,000 in Community Development Block Grant funds for demolition and environmental
abatement of structures located at the intersection
of Jefferson Street and 14th Avenue North. The resolution was approved by the
Federal Grants Review Committee. Mr. Wallace moved to adopt the resolution,
which motion was seconded and adopted by the following vote: "Ayes" Ferrell,
Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan,
Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon,
Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander,
Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
RESOLUTION NO. RS2003-1456
A resolution approving a grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center to provide Families First support services. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution approving a second amendment to the grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to provide for reimbursement of expenses associated with occupancy of Department of Labor and Workforce staff in the Career Center. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution approving a grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, for administrative and operating costs to establish programs to prepare adult, youth and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution approving a grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, for the provision of establishing programs to prepare youth for re-entry into the labor force to be administered through the Nashville Career Advancement Center. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution authorizing the Mayor to submit an application for a work incentive grant to address service barriers to jobseekers with disabilities to be administered by the Nashville Career Advancement Center. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution approving an application for a grant from the Federal Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting through the Department of Fire to purchase automatic personal respirators to better equip personnel in the event of a bio/chemical terrorist attack. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution approving an amendment to a grant from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Health, for the inspection, reporting and enforcement of retail food stores in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution approving a grant agreement to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, from the State of Tennessee, Department of Health, in an amount not to exceed $12,000 for the provision of a written design for an epidemiological study concerning Cypress Creek in Memphis, Tennessee. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution approving a grant from the Tennessee Department of Environment and Conservation regarding the permanent Household Hazardous Waste Site. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution approving a contract from the Tennessee Department of Transportation concerning signalization at SR 100 at Temple Road, Nashville, Davidson County, LP Project No. 2587. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,090, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee for the land lease located at M.P. 1.14, Old Hickory Branch, Hermitage Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution approving a lease agreement between The Metropolitan Government of Nashville and Davidson County on behalf of the Department of Law and Pitney Bowes for the lease of a copier. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution approving
the exercise of option agreements for the purchase of various properties
located along Seven Mile Creek, for Metro Water Services
Project No. 02-D-149B (Proposal No. 2002M-111U-12). The resolution was approved
by the Planning Commission, Budget and Finance, Public Works and Planning,
Zoning and Historical Committees. Mr. Jenkins moved to adopt the resolution,
which motion was seconded and adopted by the following vote: "Ayes" Ferrell,
Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan,
Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon,
Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany,
Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
RESOLUTION NO. RS2003-1469
A resolution authorizing the acquisition of real property at 140 North First Street by negotiation for use in a public project for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2003M-005U-09). The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution accepting $8,310.45 in compromise and settlement of the Metropolitan Government's claim against David M. Gee. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution accepting $8,471.36 in compromise and settlement of the Metropolitan Government's claim against Edna Grimsley. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution accepting $7,030.70 in compromise and settlement of the Metropolitan Government's claim against L. W. Richards, Inc. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Public Works Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
- BILLS
ON INTRODUCTION AND FIRST READING -
An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before February 24, 2003. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance authorizing the acquisition of property by The Metropolitan Government of Nashville and Davidson County by negotiation or condemnation for the Lebanon Pike Sidewalk Improvement Project from Munn Road to Disspayne Drive, Project No. 01-R-08 (Proposal No. 2002M-060U-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government, for the use in connection with development of the Stones River greenway system, and to close and abandon and execute to Mr. and Mrs. Gayron C. Lytle a quitclaim deed for the Metropolitan Government’s interest in an existing but unbuilt right-of-way (Proposal No. 2003M-044G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance abandoning Ingress-Egress Driveway Easement, access to the Rolling Fork Reservoir, located on Map 129-05, Parcel 005, 006, 007, 008, and 009.00 of Project No. 02-SG-159, Hathaway Ct., (Proposal Nos. 2002M-125U-07 and 2003M-028U-07). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning, and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Robertson Avenue from Briley Parkway, at Urbandale Avenue, to Interstate 40 to "Briley Parkway," and to rename a portion of Robertson Avenue between Interstate 40 and Charlotte Pike to “White Bridge Pike” (Proposal No. 2003M-033U-07). The bill was approved by the Planning Commission and ECD Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning, and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance
Map for The Metropolitan Government of Nashville and Davidson County, by closing
Alley #254 from the eastern margin of North 2nd Street to its terminus at Parcel
16 (Proposal No. 2003M-032U-09). The bill was approved by the Planning Commission
and Traffic and Parking Commission. Upon motion duly seconded, the bill passed
first reading and was referred to the Public Works, Traffic and Parking and
Planning, Zoning, and Historical Committees by a voice vote of the Council.
BILL NO. BL2003-1412
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley #571 between Map 81-16, Parcels 422, 423, & 424 southwest of 14th Avenue North; relocating Alley #577 from Meharry Boulevard north to its terminus at Alley #571 approximately 23 feet towards 14th Avenue North; and abandoning a portion of an Unnamed Alley from Meharry Boulevard north to its terminus at Map 81-16 (Proposal No. 2003M-010U-08). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning, and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a triangular portion of Old Harding Pike where Old Harding Pike merges with Highway 100, from Map 155, Parcel 204 east to Collins Road (Proposal No. 2003M-031G-06). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning, and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of 61st Avenue North from the CSX railroad tracks north to its terminus at the Cumberland River (Proposal No. 2003M-012U-07). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning, and Historical Committees by a voice vote of the Council.
BILL NO. BL2003-1415
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning
Ordinance of The Metropolitan Government of Nashville and Davidson County,
by changing from R8 district to RM9 district properties at 425 and 427 A
McClellan Avenue, at the intersection of McClellan Avenue and Saindon Street,
(0.49 acres), all of which is more particularly described herein (Proposal
No. 2003Z-037U-11). The bill was disapproved by the Planning Commission.
Upon motion duly seconded, the bill passed first reading and was referred
to the Planning, Zoning, and Historical Committee by a voice vote of the
Council.
BILL NO. BL2003-1416
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning
Ordinance of The Metropolitan Government of Nashville and Davidson County,
by changing from CS district to MUL district property at 1712 Jefferson Street,
approximately 400 feet east of Dr. D. B. Todd Boulevard, (0.38 acres), all
of which is more particularly described herein (Proposal No. 2003Z-057U-08).
Upon motion duly seconded, the bill passed first reading and was referred
to the Planning Commission and Planning, Zoning and Historical Committee
by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 district to MUL district property at 1500 Porter Road, at the intersection of Porter Road and Cahal Avenue, (1.54 acres), all of which is more particularly described herein (Proposal No. 2003Z-045U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Neighborhood Conservation overlay district to various parcels located between Harding Place, Blackburn Avenue, and Windsor Drive, classified R10 and RS10 districts, (45.23 acres), all of which is more particularly described herein (Proposal No. 2003Z-065U-07). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and the Planning, Zoning and Historical Committee by a voice vote of the Council.
BILL NO. BL2003-1419
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning
Ordinance of The Metropolitan Government of Nashville and Davidson County,
by changing from RS7.5 and CL districts to CS district properties at 100,
102, 106, and 108 Myatt Drive, at the intersection of Myatt Drive and State
Highway 45, (0.85 acres), all of which is more particularly described herein
(Proposal No. 2003Z-044G-04). The bill was disapproved by the Planning Commission.
Upon motion duly seconded, the bill passed first reading and was referred
to the Planning, Zoning, and Historical Committee by a voice vote of the
Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL district to CS district property at Highway 100 (unnumbered), abutting the southern margin of Highway 100, (0.51 acres), all of which is more particularly described herein (Proposal No. 2003Z-051G-06). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR district to IG district property at Centennial Boulevard (unnumbered) located approximately 1,000 feet east of Centennial Boulevard and 300 feet west of Briley Parkway, (4.31 acres), all of which is more particularly described herein (Proposal No. 2003Z-078U-07). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending the Metropolitan Code of Laws to increase dog licensing fees, to provide for a licensing fee differential for sterilized dogs, and to require that all dogs over four months of age be vaccinated against rabies. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with John Ring, Tennessee Contractors, Inc., to provide public sewer service in Williamson County to Fountainbrooke Phase 3, Project No. 03-SL-41. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with the Cheatham County Rail Authority for the construction of Project No. 03-SG-50, a Box Culvert at Station 10+32 for access to Metro’s Whites Creek Pumping Station. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the assumption and taking over by The Metropolitan Government of Nashville and Davidson County of all public functions, rights, duties and property, assets and liabilities connected with First Suburban Water Utility District of Davidson County and assuming service jurisdiction and the Metropolitan Mayor to execute the agreement. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance abandoning the Water Pumping Station easement on Map 144-02, Parcel 16, Crater Hill Water Pumping Station of Project No. 03-WG-26 (Proposal No. 2003M-030G-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning, and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acceptance of a donation of property (Tax Map 96-1, Part of Parcel 8) for use as public right of way for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2003M-053U-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the condemnation of easement interests on properties in the vicinity of North First Street (parcels 60, 61, 65, 66 and 95 on Map 82-14 and parcel 219.00 on Map 82-15) to be used in connection with construction of the Washington Regulator project 94-SC-5B2 (Proposal No. 2003M-005U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning, and Historical Committees by a voice vote of the Council.
An ordinance approving a lease agreement between The Metropolitan Government of Nashville and Davidson County and Domain Copper Ridge Associates, Ltd. for office space at 404 James Robertson Parkway, Nashville, Tennessee (Proposal No. 2003M-054U-09). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Price Street from West Trinity Lane to Freesilver Road (Proposal No. 2003M-040U-03). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning, and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a 200-foot segment of Capers Avenue, “Children’s Way” (Proposal No. 2003M-037U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the ECD Board, Public Works, Traffic and Parking and Planning, Zoning, and Historical Committees by a voice vote of the Council.
Without objection, the rules were suspended for consideration of one (1) late bill.
An ordinance adopting the Capital Improvements Budget and Program 2003-2004 through 2008-2009 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2003-2004. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the south margin of Maxwell Road, 1,050 feet east of LaVergne-Couchville Pike (15.3 acres), classified within the RS10 district, to permit 62 single-family lots with 6 lots designated as affordable housing lots, the provisions of a Planned Unit Development District, all of which is more particularly described herein (Proposal No. 2001P-009G-13). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. Holloway moved to defer the bill, the bill being requested by Wamble and Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 7.08.090 of the Metropolitan Code of Laws to exempt restaurants that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages for on-premises consumption from the minimum distance requirements for the issuance of beer permits. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the bill. Mr. Dread moved to defer action on the bill for further study and review, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS10 district properties at 4455 and 4459 Lavergne-Couchville Pike, abutting the eastern margin of Lavergne-Couchville Pike, (7.32 acres), all of which is more particularly described herein (Proposal No. 2003Z-043G-13). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. Holloway moved to defer action indefinitely on the bill until further discussions and a neighborhood meeting take place, the bill being requested by Nadine Y. Cummings, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 7.08.140 of the Metropolitan Code by prohibiting certain conduct by beer permit holders including prohibiting the sale of single can or bottle of beer by off-sale permit holders. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee and by the Budget and Finance Committee with an amendment. Mr. Waters offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Waters moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 12.42 Permit Parking Programs of the Metropolitan Code to provide that university area individual residential lots shall be eligible for residential permit parking. The bill was approved by the Budget and Finance Committee; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 12.42 Permit Parking Programs of the Metropolitan Code by creating a university area individual residential lot permit parking program and providing for the charge of permit fees. The bill was approved by the Budget and Finance Committee; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS15 district to RM9 district property at 3108 Earhart Road, abutting the western margin of Earhart Road, (7.25 acres), all of which is more particularly described herein (Proposal No. 2003Z-041G-14). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended approval. Mr. Ponder moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending the Metropolitan Code of Laws to provide for reimbursement of overpayment made by customers for water and sewer services. The bill was approved by the Budget and Finance and Public Works Committees with an amendment. Mr. Waters offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Waters moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5980 with the State of Tennessee, Department of Transportation, for reimbursement of engineering and construction inspection provided by Metro Water Services, for State Project No. IM-40-5(118)213, 19008-2178-44, I-40 widening and rehabilitation from I-24 to Donelson Pike, located in Davidson County, Tennessee (Metro Project Nos. 01-WG-129 and 01-SG-147). The bill was approved by the Budget and Finance and Public Works Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon and accept a relocated 6” Water Line and Easement on Map 93-04, Parcel 082.00 of Project No. 02-WL-162, M.D.H.A. Water Line Abandonment and Relocation, (Proposal No. 2003M-024U-05). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a portion of an 8” Sanitary Sewer and Easement located on Map 82-12, Parcel 012.00 of Project No. 03-SG-026, Meigs Magnet School, (Proposal No. 2003M-025U-05). The bill was approved by the Planning Commission and Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Mr. Hall moved for a suspension of the rules to override the committee recommendation for deferment, which motion was seconded and adopted without objection. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a portion of a 10” Sanitary Sewer and Easement located on Map 81-12, Parcel 300.00 of Project No. 02-SL-175, Buena Vista Elementary School Addition, as manhole will be installed over the exiting 10” sewer line to establish separation of public and private lines (Proposal No. 2003M-023U-08). The bill was approved by the Planning Commission and Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Mr. Hall moved for a suspension of the rules to override the committee recommendation for deferment, which motion was seconded and adopted without objection Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of McCrory Creek Road, north from Couchville Pike to Pulley Road, to "Pulley Road” (Proposal No. 2003M-026U-13). The bill was approved by the Planning Commission, ECD Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Derryberry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD
READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Neighborhood Landmark Overlay district to property at 3420 Belmont Boulevard, at the intersection of Belmont Boulevard and Woodmont Boulevard, classified R10, (1.04 acres), all of which is more particularly described herein (Proposal No. 2003Z-025U-10). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Greer moved to defer action on the bill to the second meeting in June, the bill being requested by Alan J. McCracken et ux, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Willow Brook Drive from Thompson Lane southward to its terminus and to close a 940-foot portion of Thompson Lane right-of-way off of the eastbound lane between Map 119-11, Parcel 163 and Map 119-11, Parcel 172, as part of the Willowbrook Market Place PUD (Proposal No. 2003M-017U-11). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. McClendon moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by adopting Sections 17.16.110 and 17.16.210 in their entirety and that portion of the district land use tables pertaining to waste transfer stations found at Section 17.08.030 as currently written in the Metropolitan Code of Laws for The Metropolitan Government of Nashville and Davidson County, as published by the Lexis Nexis publishing group, for the purposes of designating waste transfer stations as special exceptions (Proposal No. 2003Z-007T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
An ordinance amending Section 7.08.150 of the Metropolitan Code of Laws to enable a beer permit holder, who has appealed a decision of the beer board revoking the permit for the unlawful sale of beer to a minor, to continue to sell beer during such appellate process upon posting a $25,000 bond. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Dread moved to defer action on the bill, while questions of law are being reviewed, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to R20 district property at 2995 Ned Shelton Road, approximately 1,500 feet north of Smith Springs Road, (2.03 acres), all of which is more particularly described herein (Proposal No. 2003Z-027U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL district to CS district properties at 1315 and 1325 Vultee Boulevard and Briley Parkway (unnumbered), at the intersection of Vultee Boulevard and Briley Parkway, (1.57 acres), all of which is more particularly described herein (Proposal No. 2003Z-029U-13). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended approval. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and adopted by the following roll call vote: "Ayes" Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Derryberry, Stanley, Loring, McClendon, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams and Tygard (31); "Noes" (0); “Abstaining” Ferrell, Beehan, Greer and Bogen (4).
An ordinance making applicable to Metropolitan Government the provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated to require local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities. The bill was approved by the Public Works Committee. Ms. Gilmore moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2003-1366
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning
Ordinance of The Metropolitan Government of Nashville and Davidson County,
by changing from R20 district to OL district properties at 208 and 212 McGavock
Pike, abutting the western margin of McGavock Pike, (1.69 acres), all of
which is more particularly described herein (Proposal No. 2003Z-014U-14).
The bill was disapproved by the Planning Commission; the Planning, Zoning
and Historical Committee recommended approval. Mr. Loring moved to pass the
bill on third reading, which motion was seconded and adopted by the following
roll call vote: "Ayes" Ferrell, Waters, Dread, Gilmore, Black,
Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder,
Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand,
Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins,
Turner, Williams and Tygard (34); "Noes" (0); “Abstaining” Briley,
Derryberry (2).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 district to OL district property at 119 Fairway Drive, abutting the eastern margin of Fairway Drive, (0.8 acres), all of which is more particularly described herein (Proposal No. 2003Z-014U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by extending the Neighborhood Conservation Zoning Overlay of the Lockeland Springs – East End area, from South 10th Street to South 14th Street and Woodland Street to Shelby Avenue, (48.05 acres), all of which is more particularly described herein (Proposal No. 2003Z-035U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS district to RS7.5 district a portion of property at 2900 Dickerson Road, at the intersection of Pine Ridge Road and Dickerson Pike, (0.69 acres), all of which is more particularly described herein (Proposal No. 2003Z-042U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS10 district part of property at Route 1 Cane Ridge Road, abutting the west margin of Cane Ridge Road, (30.0 acres), all of which is more particularly described herein (Proposal No. 2002Z-095G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Dread moved to defer the bill to the second meeting in June, at the request of petitioner Dale and Associates, Inc., which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS15 district a portion of property at 8840 Highway 70, abutting the northern margin of Highway 70, (31.5 acres), all of which is more particularly described herein (Proposal No. 2003Z-015G-06). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Bogen moved to defer action on the bill, the bill being requested by Robert E. Porter, Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 district to RS20 district properties at 1100-1112, 1114, 1116, 1118, 1122, 1124-1127, 1129-1136, 1138-1144 Brookmeade Drive, and 1119-1135, 1137, 1139, 1142, 1143, 1148 Duncanwood Drive, along Duncanwood Drive and Brookmeade Drive, (28.59 acres), all of which is more particularly described herein (Proposal No. 2003Z-039U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Turner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 district to RM9 and IWD districts properties at 1792 Reynolds Road and Smith Springs Road (unnumbered), abutting the northern margin of Smith Springs Road and the eastern margin of Reynolds Road, (40.27 acres), all of which is more particularly described herein (Proposal No. 2003Z-048U-13). The bill was approved by the Planning Commission; the Traffic and Parking, and Planning, Zoning and Historical Committees recommended deferment. Mr. Derryberry moved to defer action on the bill, the bill being requested by J.E. Stevenson, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS10 district property at 1000 Barnes Road, abutting the southern margin of Barnes Road, (10.37 acres), all of which is more particularly described herein (Proposal No. 2002Z-124G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS10 district properties at 3276 Hamilton Church Road and Hamilton Church Road (unnumbered), abutting the north margin of Hamilton Church Road, (17.76 acres), all of which is more particularly described herein (Proposal No. 2003Z-034U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Holloway moved to defer action on the bill to the second meeting in July, the bill being requested by Robert Porter, Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Green Hills UDO Design Guidelines to provide an additional incentive to include residential development in mixed-use buildings by exempting floor space designed and constructed for residential use from being counted as floor area for the purpose of calculating the floor area ration on a lot, all of which is more particularly described herein (Proposal No. 2002UD-001U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
An ordinance approving a release of an access restriction limiting access to and from Demonbreun Street to a portion of the property located at 1610 Division Street (Map and Parcel No. 92-16-232). The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
An ordinance approving a lease agreement between the State of Tennessee and The Metropolitan Government for use of portions of the facilities located on the campus of the Tennessee Preparatory School (Proposal No. 2003M-041U-11). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Ms. Tucker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
An ordinance approving a lease agreement between J. D. Eatherly Properties and The Metropolitan Government of Nashville and Davidson County, for certain real property located at 1121 12th Avenue South, Nashville, Tennessee (Proposal No. 2003M-042U-10). The bill was approved by the Planning Commission, Personnel-Public Information-Human Relations-Housing and Planning, Zoning and Historical Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 district to CS district property at Old Hickory Boulevard (unnumbered), at the intersection of Rio Vista Drive and Old Hickory Boulevard (.41 acres), all of which is more particularly described herein (Proposal No. 2003Z-053U-04). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Dillard moved to suspend the rules for the action of the Council to serve as a report of the Committee of the Whole, which motion was seconded and adopted without objection. Mr. Dillard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to R8 district property at 7585 Old Hickory Boulevard, abutting the northern margin of Old Hickory Boulevard (38.5 acres), all of which is more particularly described herein (Proposal No. 2003Z-020G-02). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Balthrop moved to pass the bill on third reading, which motion was seconded. After discussion Mr. Tygard called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" Tucker (1).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property located at 7585 Old Hickory Boulevard, abutting the north margin of Old Hickory Boulevard, (38.50 acres), classified within the R20 district and proposed for R8 district, the provisions of a Planned Unit Development District, to permit the development of 171 single-family lots (Proposal No. 2003P-002G-02). The bill was approved by the Planning Commission and by the Planning, Zoning and Historical Committee with an amendment. Ms. Balthrop offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Balthrop moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (36); "Noes" Tucker (1).
Upon motion duly seconded, the meeting was adjourned.
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