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Minutes |
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Minutes |
The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metro City Hall.
The invocation was offered by Councilmember Chris Ferrell.
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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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 (37); Absent: Dread, Gilmore and Knoch (3).
The Minutes of the regular meeting of May 20, 2003 were approved.
Mr. Greer, Chairman of the Rules-Confirmations-Public Elections Committee, moved that at the time of adjournment of this meeting the Council adjourn to Tuesday, June 10, 2003, at 7:00 p.m. to consider Bill No. BL2003-1432 on third and final reading along with any other items the Vice Mayor deems appropriate for consideration at that time, which motion was seconded and adopted by a voice vote of the Council.
The President gave notice of a vacancy in the 5th School District seat on the Metropolitan Board of Public Education, which vacancy by law must be filled by the Metropolitan Council. Notice was given that the deadline for nominations to be filed with the Metropolitan Clerk is 4:00 p.m. on Tuesday, June 10, 2003. Nominees will be notified to appear before the Rules-Confirmations-Public Elections Committee and an election to fill the vacancy will be held by the Council on June 17, 2003.
– ELECTIONS AND CONFIRMATIONS –
Metropolitan Action Commission
Appointment of Ms. Louisa Saratora to the Metropolitan Action Commission for
a term expiring February 2, 2004. 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.
Metropolitan Nashville Airport Authority
Appointment of Mr. Jack Bovender to the Metropolitan Nashville Airport Authority
for a term expiring June 4, 2007. At the request of the appointee, the confirmation
was deferred.
Community Access Television Special Committee
Reappointment of Ms. Meg Mazzone 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. At the request of the nominee, the reappointment was withdrawn.
Reappointment of Mr. Robert Tuke 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.
Farmers Market Board
Reappointment of Mr. Bob Bernstein to the Farmers Market Board 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
Appointment of Mr. Joel Ellett to the Fire and Building Code Appeals Board
for a term expiring March 1, 2007. 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.
Historic Zoning Commission
Reappointment of Mr. Gary Hawkins to the Historic Zoning Commission for a term
expiring April 1, 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.
Metropolitan Planning Commission
Reappointment of Ms. Judy Cummings to the Metropolitan Planning Commission
for a term expiring March 31, 2007. At the request of the appointee, the
confirmation was deferred.
Reappointment of Ms. Tonya Jones to the Metropolitan Planning Commission for a term expiring March 31, 2007. 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.
Board of Plumbing Examiners and Appeals
Appointment of Mr. Jonathan A. Harris to the Board of Plumbing Examiners and
Appeals for a term expiring February 15, 2007. 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.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
Rule 10
By deleting Rule 10 in its entirety and substituting in lieu thereof the following
new Rule 10:
One original of all bills and resolutions shall be filed with the Metropolitan
Clerk, said original
to be retained in her office at all times subject only to withdrawal for signature
by the Mayor.
The proposed amendment was approved by the Rules-Confirmations-Public Elections Committee. Mr. Greer moved to adopt the proposed amendment, which motion was seconded and adopted by a unanimous vote of the Council.
Rule 12
By amending Rule 12 by adding the following provision at the end thereof:
The first meeting during each odd month shall be held at six o’clock (6:00) p.m.
The proposed amendment was approved by the Rules-Confirmations-Public Elections Committee. Mr. Turner moved to adopt the proposed amendment, 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 adopt, which motion failed by the following vote: “Ayes” Ferrell, Waters, Briley, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, McClendon, Greer, Whitmore, Bogen, Summers, Shulman, Holloway, Jenkins, Turner, Williams, Tygard (25); “Noes” Tucker, Loring, Sontany, Alexander (4); “Abstaining” Nollner, Dillard, Wallace, Haddox, Hand, Kerstetter (6).
Rule 25
By amending Rule 25 by adding the following provisions at the end thereof:
Memorializing and congratulatory resolutions shall not be presented on the
first meeting of
each odd month at which a public hearing is to be held regarding zoning bills.
The proposed amendment was approved by the Rules-Confirmations-Public Elections Committee. Mr. Turner moved to adopt the proposed amendment, which motion was seconded. After discussion, Mr. Bogen 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 adopt, which motion was approved by the following vote: “Ayes” Ferrell, Briley, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Turner, Williams, Tygard (30); “Noes” (0); “Abstaining” Tucker, Dillard, Wallace, Haddox (4).
Rule 29
By amending Rule 29 by adding the following provision at the end thereof:
The Chair shall establish and enforce a reasonable time limit for all speakers,
including members
of the Council and members of the public addressing the Council, on the first
meeting of each odd
month at which a public hearing is held for zoning bills.
The proposed amendment was approved by the Rules-Confirmations-Public Elections Committee. Mr. Turner requested withdrawal of the proposed amendment, and no objection was made.
Rule 29
By amending Rule 29 by adding the following provision at the end thereof:
A member of the public shall speak no more than three minutes regarding any
bill on public hearing.
Mr. Derryberry requested withdrawal of the proposed amendment, and no objection
was made.
Pursuant to Rule 50 of the Rules of Procedure of the Metropolitan Council, the adopted rule changes shall become effective thirty (30) days after passage.
- BILL ON PUBLIC HEARING -
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 and Budget and Finance Committee;
the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers
requested a hearing from the public on this bill which had been previously
advertised. The President asked if anyone desired to be heard for or against
the bill, and no one came forward to be heard. The President declared the public
hearing closed. Mr. Summers moved to pass the bill on second reading and re-refer
it to the Budget and Finance and Planning, Zoning and Historical Committees,
which motion was seconded and adopted by a voice vote of the Council.
- RESOLUTIONS -
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.
Amendment No. 1 (Special elections and filling vacancies) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Wallace moved to adopt the amendment, which motion was seconded and failed by the following vote: "Ayes" Waters, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Wallace, Haddox, Whitmore, Bogen, Summers, Tygard (15); "Noes" Ferrell, Briley, Beehan, McClendon, Hausser, Hand, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, and Williams (14); “Abstaining” Tucker, Black, Nollner, Majors, Hall, and Greer (6).
Amendment No. 2 (Filling vacancies in mayoral and Council seats) - The amendment was not recommended by the Charter Revision Commission. Mr. Wallace moved to withdraw the amendment, which motion was seconded and adopted without objection.
Amendment No. 3 (Special elections) - The amendment was not recommended by the Charter Revision Commission. Mr. Jenkins moved to withdraw the amendment, which motion was seconded and adopted without objection.
Amendment No. 4 (Electric Power Board membership increase) - The amendment was not recommended by the Charter Revision Commission nor by the Charter Revision Committee. Mr. Loring moved to adopt the amendment, which motion was seconded and failed by the following vote: "Ayes" Ferrell, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Haddox, Whitmore, Bogen, Summers, Shulman, Alexander, Kerstetter, Turner, and Williams (23); "Noes" Holloway, Tygard (2); “Abstaining” Briley, Tucker, Black, Nollner, Beehan, Wallace, Hand, Sontany, Jenkins (9).
Amendment No. 5 (Electric Power Board budget submission) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Loring moved to adopt the amendment, which motion was seconded. After discussion, Mr. Alexander 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 adopt, which motion failed by the following vote: "Ayes" Hart, Balthrop, Brown, Stanley, Loring, McClendon, and Hand (7); “Noes” Ferrell, Tucker, Black, Hall, Beehan, Ponder, Greer, Bogen, Shulman, Sontany, Holloway, Kerstetter, Turner, Williams and Tygard (15); "Abstaining" Waters, Briley, Nollner, Majors, Derryberry, Hausser, Wallace, Haddox, Whitmore, Summers, Alexander, and Jenkins (12).
Amendment No. 6 (Prohibiting members of Council from holding other elective office) - The amendment was not recommended by the Charter Revision Commission and was approved by the Charter Revision Committee. Mr. Tygard moved to adopt the amendment, which motion was seconded. After discussion, Mr. Bogen 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 adopt, which motion failed by the following vote: "Ayes" Balthrop, Ponder, Stanley, Loring, Whitmore, Bogen, Shulman, Jenkins, Turner, Williams and Tygard (11); “Noes” Ferrell, Waters, Tucker, Hall, Beehan, Campbell, Hart, Dillard, Derryberry, McClendon, Greer, Hausser, Alexander, Holloway, Kerstetter, (15); "Abstaining" Nollner, Wallace, Summers, Sontany (4).
Amendment No. 7 (Increasing Transit Authority Board membership) - The amendment was not recommended by the Charter Revision Commission and was approved by the Charter Revision Committee. Mr. Shulman moved to adopt the amendment, which motion was seconded and failed by the following vote: "Ayes" Ferrell, Waters, Campbell, Hart, Dillard, Balthrop, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (23); "Noes" Briley (1); “Abstaining” Tucker, Nollner, Majors, Hall, Beehan, Wallace, Haddox, and Whitmore (8).
Amendment No. 8 (Removing Police Chief from Traffic and Parking Commission) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Waters moved to adopt the amendment, which motion was seconded and failed by the following vote: "Ayes" Ferrell, Waters, Nollner, Beehan, Campbell, Hart, Dillard, Brown, Ponder, Stanley, Loring, Whitmore, Hand, Bogen, Sontany, Alexander, and Holloway (17); "Noes" McClendon, Shulman, Kerstetter, Williams, and Tygard (5); “Abstaining” Briley, Majors, Hall, Balthrop, Greer, Hausser, Wallace, Haddox, Jenkins, and Turner (10).
Amendment No. 9 (Allowing mayoral designee on Planning Commission) - The amendment was not recommended by the Charter Revision Commission and was approved by the Charter Revision Committee. Mr. Waters moved to adopt the amendment, which motion was seconded and failed by the following vote: "Ayes" Ferrell, Waters, Majors, Hall, Beehan, Campbell, Balthrop, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Jenkins, Turner, Williams and Tygard (26); "Noes" Kerstetter (1); “Abstaining” Briley, Nollner, Hart, Dillard, and Haddox (5).
Amendment No. 10 (Reducing Council size to 14 members) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Waters moved to withdraw the amendment, which motion was seconded and adopted without objection.
Amendment No. 11 (Council election by plurality vote) - The amendment was recommended by the Charter Revision Commission and the Charter Revision Committee. Mr. Shulman moved to adopt the amendment, which motion was seconded and failed by the following vote: "Ayes" Ferrell, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Hausser, Whitmore, Hand, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (25); "Noes" Summers (1); “Abstaining” Waters, Briley, Tucker, Nollner, Derryberry, Greer, Wallace, and Haddox (8).
Amendment No. 12 (Runoff method for elections) - The amendment was deferred
by the Charter Revision Commission. Mr. Shulman moved to withdraw the amendment,
which motion was seconded and adopted without objection.
Amendment No. 13 (Compensation for members of Metropolitan Board of Public Education) - The amendment was recommended by the Charter Revision Commission and the Charter Revision Committee. Mr. Bogen moved to adopt the amendment, which motion was seconded. After discussion, Mr. Jenkins 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 adopt, which motion was adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Jenkins, Turner, Williams and Tygard (32); "Noes" Kerstetter (1); “Abstaining” Tucker, Nollner, and Dillard (3).
Amendment No. 14 (Reducing Council size to 25 members) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Wallace moved to adopt the amendment, which motion was seconded. After discussion, Mr. Waters 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 adopt, which motion failed by the following vote: "Ayes" Dillard, Derryberry, Loring, Wallace, Haddox, Whitmore, Alexander, Holloway, Kerstetter, Tygard (10); “Noes" Ferrell, Waters, Briley, Tucker, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Stanley, McClendon, Greer, Hand, Summers, Shulman, Sontany, Jenkins, and Williams (19); "Abstaining" Black, Nollner, Majors, Hall, Bogen, and Turner (6).
Amendment No. 15 (Reducing Council size to 21 members) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Wallace moved to adopt the amendment, which motion was seconded. After discussion, Mr. Waters 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 adopt, which motion failed by the following vote: "Ayes" Dillard, McClendon, Wallace, Haddox, and Holloway (5); "Noes" Ferrell, Waters, Briley, Tucker, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Stanley, Greer, Whitmore, Hand, Summers, Shulman, Sontany, Alexander, Kerstetter, Jenkins, Williams, and Tygard (22); "Abstaining" Black, Nollner, Majors, Hall, Derryberry, Loring, Hausser, Bogen, and Turner (9).
Amendment No. 16 (Employee residency requirement) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Wallace moved to adopt the amendment, which motion was seconded. After discussion, Mr. Alexander 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 adopt, which motion failed by the following vote: "Ayes" Waters, Majors, Brown, Derryberry, Stanley, Wallace, Haddox, Holloway, and Kerstetter (9); "Noes" Ferrell, Tucker, Beehan, Campbell, Hart, Balthrop, Ponder, Loring, Greer, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Jenkins, Turner, Williams and Tygard (20); “Abstaining” Briley, Black, Hall, Dillard, and Hausser (5).
Amendment No. 17 (Prohibiting administrative board members from holding other office or board seat) - The amendment was not recommended by the Charter Revision Commission and was approved by the Charter Revision Committee. Mr. Wallace moved to adopt the amendment, which motion was seconded and failed by the following vote: "Ayes" Ferrell, Waters, Tucker, Hall, Beehan, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Alexander, Holloway, Jenkins, Turner, Williams and Tygard (26); "Noes" Campbell, Hart, and Sontany (3); “Abstaining” Briley, Black, Brown, and Kerstetter (4).
Amendment No. 18 (Redistricting procedure) - The amendment was not recommended by the Charter Revision Commission and was approved by the Charter Revision Committee. Mr. Wallace moved to adopt the amendment, which motion was seconded and adopted by the following vote: "Ayes" Waters, Tucker, Black, Nollner, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Bogen, Summers, Sontany, Alexander, Holloway, Kerstetter, Turner, Williams and Tygard (27); "Noes" Ferrell and Shulman (2); “Abstaining” Briley, Hausser, Hand, and Jenkins (4).
Amendment No. 19 (Reducing Council size to 18 members) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Tygard moved to adopt the amendment, which motion was seconded. After discussion, Mr. Waters 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 adopt, which motion failed by the following vote: “Ayes” Derryberry, Loring, Greer, and Tygard (4) “Noes” Ferrell, Waters, Briley, Tucker, Balthrop, Brown, Stanley, McClendon, Whitmore, Hand, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, and Williams (17); “Abstaining” Black, Nollner, Hall, Campbell, Hart, Ponder, Hausser, Wallace, Haddox, Bogen, Jenkins, and Turner (12).
Amendment No. 20 (Reducing Council size to 21 members) - The amendment was not recommended by the Charter Revision Commission. Mr. Tygard moved to withdraw the amendment, which motion was seconded and adopted without objection.
Amendment No. 21 (Council salaries set by Council) - The amendment was not recommended by the Charter Revision Commission and was disapproved by the Charter Revision Committee. Mr. Wallace moved to adopt the amendment, which motion was seconded and failed by the following vote: “Ayes” Derryberry, Loring, Wallace, Haddox, Whitmore (5); “Noes” Ferrell, Briley, Tucker, Hall, Beehan, Balthrop, Brown, Stanley, McClendon, Greer, Hand, Summers, Shulman, Sontany, Turner, and Tygard (16); “Abstaining” Black, Nollner, Campbell, Hart, Dillard, Ponder, Hausser, Bogen, Alexander, Holloway, Jenkins, and Williams (12).
Mr. Shulman moved to adopt the resolution with two amendments (Amendment Nos. 13 and 18), which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (35); "Noes" (0); “Abstaining” Nollner (1).
A resolution establishing the Nashville Alcohol Policy Coalition. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution requesting increased funding for the Metropolitan Beautification and Environment Commission for the purpose of enhanced litter control and prevention efforts. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution requesting the Metropolitan Board of Public Education to establish a political science/history magnet program at McGavock Comprehensive High School. The resolution was approved by the Education Committee. Mr. Stanley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Stanley moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution requesting the Department of Public Health to purchase a mobile spay/neuter van using the funds appropriated for that purpose by Resolution No. RS2002-1182. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Sontany moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution requesting funding for a task force of law enforcement officers – cross trained in criminal law enforcement and codes enforcement – to patrol and address convenience markets which sell large quantities of beer. The resolution was approved by the Budget and Finance Committee; the Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Waters moved to withdraw the resolution, which motion was seconded and adopted by a unanimous vote of the Council.
RESOLUTION RS2003-1480
A resolution appropriating to certain accounts for the benefit of the Finance,
Human Resources, and Police Departments, State Trial Courts, Election Commission,
Arts Commission, Emergency Communications Center, Convention Center, County
Clerk, and Administrative Accounts, the amount of Two Million, Seventy Eight
Thousand, Two Hundred Dollars ($2,078,200) from designated and undesignated
fund balances of the General Fund of the General Services District, increased
revenue sources, and from other sources. The Budget and Finance Committee
recommended deferment. Mr. Jenkins moved to defer action on the resolution,
upon the Committee's recommendation, which motion was seconded and adopted
by a voice vote of the Council.
A resolution authorizing
the Metropolitan Department of Law to approve a Final Agreement with the
United States Department of Justice. 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart,
Dillard, Balthrop, Brown, 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).
RESOLUTION RS2003-1482
A resolution approving a second amendment to a grant between the State of Tennessee, Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department, for the Governor’s Highway Safety Program. 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution authorizing the Mayor to submit an application for the State Criminal Alien Assistance Program grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Sheriff’s Office. 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution approving a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission for adult day care services. 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution approving a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission for homemaker services. 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,006, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee for the sewer line at M.P. 10.39, Hermitage Tennessee. 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,003, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee for the sewer line at M.P. 2.73, Vine Hill Branch, Nashville, 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, 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).
- BILLS
ON INTRODUCTION AND FIRST 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 changing from CS district to OR20 district properties located at 533 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), on the north side of Old Hickory Boulevard, 250 feet west of Hankins Street, (0.88 acres), all of which is more particularly described herein (Proposal No. 2003Z-092G-04). 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 RS15 district to RS10 district property at 5015 John Hager Road, at the intersection of John Hager Road and South New Hope Road, (3.1 acres), all of which is more particularly described herein (Proposal No. 2003Z-058G-14). 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 changing from OR20 district to CS district property at 1204 3rd Avenue South, approximately 100 feet south of Chestnut Street, (0.15 acres), all of which is more particularly described herein (Proposal No. 2003Z-063U-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. BL2003-1436
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 IWD district to MUG district property at 220 French Landing
Drive, approximately 400 feet west of Great Circle Road, (2 acres), all of
which is more particularly described herein (Proposal No. 2003Z-083G-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 amending the Residential Planned Unit Development located abutting the east margin of Ed Temple Boulevard, south of Clarksville Pike, classified RM40, (5.41 acres), to permit the addition of a 22,642 square foot, 30 unit two story geriatric center to the existing 48 unit three story geriatric center and church, all of which is more particularly described herein, (Proposal No. 206-76-U-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 canceling the Commercial Planned Unit Development located abutting the south margin of Dominican Drive, west of Metro Center Boulevard, classified CS, (3.69 acres), approved for a 40,500 square foot motel and a 9,600 square foot restaurant, all of which is more particularly described herein, (Proposal No. 121-76-U-08). 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 changing from OR40 and CS districts to RM20 district property at Athens Way (unnumbered), at the intersection of Athens Way and Dominican Drive, (16.57 acres), all of which is more particularly described herein (Proposal No. 2003Z-052U-08). 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 making applicable to property abutting the west margin of Athens Way, north of Dominican Drive (16.57 acres), classified OR40 and CS districts and proposed for RM20 district, the provisions of a Planned Unit Development District, to permit the development of a 242 unit multi-family residential complex (Proposal No. 2003P-009U-08). 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 changing from R20 and R15 districts to RS15 and RS10 districts properties at Burtonwood Drive (unnumbered), abutting the southern terminus of Burtonwood Drive, (4.07 acres), all of which is more particularly described herein (Proposal No. 2003Z-062U-10). 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 changing from RS10 district to MUL district a portion of property at 3128 Elm Hill Pike, north of the terminus of Trail's End Lane, (1.64 acres), all of which is more particularly described herein (Proposal No. 2003Z-081G-14). 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 CS district to MUL district property located at 1105 Woodland Street, between North 11th Street and North 12th Street, (0.34 acres), all of which is more particularly described herein (Proposal No. 2003Z-074U-05). 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 CS district to MUG district properties located at Woodland Street (unnumbered) on the south side of Woodland Street at McFerrin Avenue, (1.00 acres), all of which is more particularly described herein (Proposal No. 2003Z-091U-05). 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 R10 district to RM40 district properties at 110, 112A, 114, 116, 118 Woodmont Boulevard, and 111, 113, 115 Kenner Avenue, approximately 500 feet east of Harding Pike, (2.35 acres), all of which is more particularly described herein (Proposal No. 2003Z-068U-10). 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 OL district properties at 2800, 2802, 2804, 2902, and 2910 Felicia Street, abutting the northern margin of Felicia Street, (0.82 acres), all of which is more particularly described herein (Proposal No. 2003Z-050U-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 OR20 district to ORI district property located between Clifton and Charlotte Avenues and between 20th and 21st Avenues (unnumbered), (.55 acres), all of which is more particularly described herein (Proposal No. 2003Z-076U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission 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 amending the preliminary plan of the Commercial Planned Unit Development located abutting the northwest corner of Indiana Avenue and 40th Avenue North, classified MUL, (.779 acres), to permit the development of a 10,000 square foot retail building to replace the approved and undeveloped 11,000 square foot retail building, all of which is more particularly described herein (Proposal No. 82-77-U-08). 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 ORI and CS districts to MUG district properties at 2214 Elliston Place, 203 Louise Avenue, and Elliston Place (unnumbered) on the northwest corner of Louise Avenue and Elliston Place, between 22nd and 23rd Avenue, (.79 acres), all of which is more particularly described herein (Proposal No. 2003Z-084U-10). 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 OR20 district to CS district property located at White's Creek Pike (unnumbered), (.55 acres), all of which is more particularly described herein (Proposal No. 2003Z-079G-03). 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.
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 RS10 district property at Newsom Station Road (unnumbered), abutting the northern margin of the CSX Railroad and the south side of the Harpeth River, (38.31 acres), all of which is more particularly described herein (Proposal No. 2003Z-072G-06). 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 changing from IR district to MUG district property at 510 Davidson Street, abutting the southern margin of Davidson Street, (1.72 acres), all of which is more particularly described herein (Proposal No. 2003Z-038U-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 changing from IWD district to MUG district property at Main Street (unnumbered), and N. 6th Street, (5.67 acres), all of which is more particularly described herein (Proposal No. 2003Z-060U-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 changing from RS40 district to CL district property at Route 5 Highway 100, abutting the southern margin of Highway 100, (1.5 acres), all of which is more particularly described herein (Proposal No. 2003Z-061G-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 R8 district to MUL, CS and RM20 districts properties at 2526, 2534, 2540, 2548 Murfreesboro Pike, and Murfreesboro Pike (unnumbered), south of Edge-O-Lake Drive, (12.87 acres), all of which is more particularly described herein (Proposal No. 2003Z-047U-13). 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 R8 district to MUL district property at 2500 Murfreesboro Pike, at the intersection of Murfreesboro Pike and Edge-O-Lake Drive, (0.59 acres), all of which is more particularly described herein (Proposal No. 2003Z-066U-13). At the request of petitioner Mark Marshall, the bill was withdrawn without objection.
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 CL district properties at Murfreesboro Pike (unnumbered), at the intersection of Murfreesboro Pike and Brooksboro Place, (1.38 acres), all of which is more particularly described herein (Proposal No. 2002Z-114U-13). 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 changing from IWD district to MUL district properties at Hamilton Crossings, abutting the northern margin of Hamilton Church Road, (27.2 acres), all of which is more particularly described herein (Proposal No. 2003Z-056U-13). 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 changing from AR2a district to RS10 district property located at 2544, 2558 and 2572 Una Antioch Pike, (13.3 acres), all of which is more particularly described herein (Proposal No. 2003Z-077U-13). 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.
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 R15 district to RM6 (14.18 acres) and RS10 (28.49 acres) districts property at Rural Hill Road (unnumbered), abutting the northern margin of Rural Hill Road, (42.67 acres), all of which is more particularly described herein (Proposal No. 2003Z-070U-13). 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 amending a phase of the Residential Planned Unit Development located abutting the northwest margin of Rural Hill Road and the eastern margin of Moss Road, classified R15 and proposed for RM6 and RS10, (42.67 acres), to permit the development of 92 single-family lots and 85 condominium units to replace the approved and undeveloped 140 single-family lots, all of which is more particularly described herein, (Proposal No. 28-79-U-13). 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.
Mr. Loring requested a suspension of the rules for passage of Bill Nos. BL2003-1462 and BL2003-1463 prior to a recommendation of the Planning Commission, pursuant to Rule 20 of the Rules of Procedure of the Metropolitan Council, and no objection was made.
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 RS10 district to MUG district property located at 252 Donelson Hills Drive, north margin of Lebanon Pike, (40 acres), all of which is more particularly described herein (Proposal No. 2001Z-060U-14). 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 making applicable to property abutting the north margin of Lebanon Pike and the western margin of Donelson Hills Drive, (40.00 acres), classified RS10 district and proposed for MUG district, the provisions of a Planned Unit Development District, to permit the development of 181 condominium units, 50,735 square feet of retail/restaurant/office, and a 225 slip public marina and marina services (Proposal No. 2003P-007U-14). 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 OR20 district to R10 district property located at 2401, 2403, 2405, 2407, 2409, 2411 and 2413 Elliott Avenue, 812 Inverness Avenue and 807 Hillview Heights, on the west side of Elliott Avenue between Hillview Heights and Inverness Avenue, (1.87 acres), all of which is more particularly described herein (Proposal No. 2003Z-089U-10). 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 amending the preliminary plan of the undeveloped Planned Unit Development located abutting the south margin of Murphy Road and the east margin of Murphy Court, classified ORI, (1.46 acres), to permit the development of a two story, 11,300 square foot bank to replace a 89,507 square foot, 123 room, 6-story hotel, all of which is more particularly described herein, (Proposal No. 2001P-005U-10). 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 changing from CS and OR20 districts to MUL district properties at 4301 and 4313 Harding Pike, abutting the southern margin of Harding Pike, (3.95 acres), all of which is more particularly described herein (Proposal No. 2003Z-069U-10). 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 changing from R10 district to CL district property at 312 Donelson Pike, abutting the western margin of Donelson Pike, (1.19 acres), all of which is more particularly described herein (Proposal No. 2003Z-033U-14). 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). Without objection, this bill which is a duplication of Bill No. BL2003-1421 was withdrawn.
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 RM4 district property located at 4440 Chandler Road between Stoners Glen Road and Chandler Road, 150 feet south of Stoners Glen Court, (4.4 acres), all of which is more particularly described herein (Proposal No. 2003Z-087G-14). 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 R20 and RS40 districts to RS20 district properties at 3604, 3605, 3609, 3701, 3704, 3705, 3709, 3713 Sycamore Lane, 2703, 2705, 2707, 2808, 2809, 2813, 2816, 2820 Valley Brook Place, and 3703, 3705, 3707, 3709, 3711 Hilldale Drive, at the intersection of Valley Brook Place and Hilldale Road, (12.98 acres), all of which is more particularly described herein (Proposal No. 2003Z-049U-10). 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.
The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2003-2004. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance establishing the tax levy in the General Services District for the fiscal year 2003-2004, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to Section 6.07 of the Metropolitan Charter. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance authorizing the Mayor’s Office of Children and Youth to accept cash donations to help underwrite the costs of the Mayor’s Summit on Children and Youth that was held April 10-12, 2003; and, authorizing the appropriation of those funds to the Mayor’s Office of Children and Youth for that purpose. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
BILL NO. BL2003-1474
An ordinance authorizing acceptance of a donated easement on private property
for purposes of constructing a greenway bridge and a connector trial for
the Shelby Bottoms / Cooper Creek Bridge (Proposal No. 2003M-056U-05). Upon
motion duly seconded, the bill passed first reading and was referred to the
Planning Commission, Parks, Library, Recreation and Auditorium, and Planning,
Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Section 12.52.130 of the Metropolitan Code of Laws to permit tax exempt charitable organizations to solicit and collect charitable contributions in the roadway. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
An ordinance amending Section 7.08.070 of the Metropolitan Code to require retailer’s “off-sale” permit holders to post signs informing customers that it is unlawful to consume alcoholic beverages on the premises or to possess an open container of alcohol in public. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
An ordinance to abandon the Water Pumping Station on Map 118-11, Parcel 162.01, Old Thompson Lane Pumping Station, Project No. 02-WG-155, and authorizing Public Property to surplus and dispose of the property, with water, sewer ingress and egress easement rights to be retained by the Metropolitan Government for the Department of Water and Sewerage Services (Proposal No.2003M-036U-11). 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 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 located at 942 Jefferson Street, on the northeast corner of the intersection of Jefferson Street and 10th Avenue North, (0.43 acres), all of which is more particularly described herein (Proposal No. 2003Z-093U-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 RM20 district to CS district property at Acklen Avenue (unnumbered) at the southern terminus of 13th Avenue South between Wedgewood and Acklen Avenue, (.68 acres), all of which is more particularly described herein (Proposal No. 2003Z-085U-10). 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 RM20 district to RS20 district properties located at 3100, 3102, 3104, 3106, 3108 and 3110 Woodlawn Drive, on the north side of Woodlawn Drive between Timber Lane and Bowling Avenue, (5.33 acres), all of which is more particularly described herein (Proposal No. 2003Z-094U-10). 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 RS40 district to RS10 district a portion of property at 7305 Whites Creek Pike, abutting the western margin of Whites Creek Pike, (34.25 acres), all of which is more particularly described herein (Proposal No. 2003Z-097G-01). 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 AR2a district to RS10 district property at Country Way Road (unnumbered), at the eastern terminus of Country Way Road, (7.81 acres), all of which is more particularly described herein (Proposal No. 2003Z-040U-13). 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 changing from OR40 and RM9 districts to ORI (6.43 acres) and OR20 (5.33 acres) districts properties located at 1310, 1314, 1318 and 1320 Briarville Road, Cheron Road (unnumbered), and Shields Lane (unnumbered) at the north side of Cheron Road, (11.76 total acres), all of which is more particularly described herein (Proposal No. 2003Z-086G-04). 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 RS80 district to RS40 district properties at 405 Menees Lane, Menees Lane (unnumbered), and Neelys Bend Road (unnumbered), approximately 4,000 feet east of Neely Bend Road, (387.42 acres), all of which is more particularly described herein (Proposal No. 2003Z-095G-04). 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 AR2a district to RS10 district properties located at 5869 and 5943 Pettus Road, 1,900 feet north of Old Hickory Boulevard, (40.33 acres), all of which is more particularly described herein (Proposal No. 2003Z-090G-12). 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 AR2a district to RM20 district property located at 89 Tusculum Road along the south margin of Tusculum Road at Benzing Road, (4.45 acres), all of which is more particularly described herein (Proposal No. 2003Z-080U-12). 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 R8 district to CS district properties at Hobson Drive (unnumbered), at the intersection of Hobson Drive and Old Hickory Boulevard, (66.34 acres), all of which is more particularly described herein (Proposal No. 2003Z-071G-12). 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 amending the Commercial and Residential Planned Unit Development located abutting the southwest corner of I-24 and Old Hickory Boulevard, classified CS, R8 and R20 districts, (399.57 acres), and proposed to expand the CS zoning to permit a new 95,000 square foot car dealership along with 871,000 square feet of retail, restaurant, motel and convenience uses, and 1,974 residential units, all of which is more particularly described herein, (Proposal No. 188-84-G-12). 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 AR2a district to CS district property located at 6439 Nolensville Pike, southwest of the intersection of Nolensville Pike and Bluff Road, (4.56 acres), all of which is more particularly described herein (Proposal No. 2003Z-088G-12). 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 AR2a district to RS10 district properties at 6103 Mt. Pisgah Road and Mt. Pisgah Road (unnumbered), approximately 3,600 feet east of Edmondson Pike, (4.79 acres), all of which is more particularly described herein (Proposal No. 2003Z-059G-12). 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 changing from RS10 district to MUL (1.60 acres) and RM9 (77.70 acres) districts properties at 6340 and 6350 Hills Chapel Road, and Hills Chapel Road (unnumbered), at the eastern terminus of Hills Chapel Road, (79.3 acres), all of which is more particularly described herein (Proposal No. 2003Z-055G-12). 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 changing from AR2a district to MUL district properties at 6116, 6120 and 6130 Nolensville Pike, abutting the southern terminus of Althorp Way, (14.06 acres), all of which is more particularly described herein (Proposal No. 2003Z-054G-12). 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 amending the Urban Design Overlay District located abutting the east margin of Nolensville Pike, south of Barnes Road, classified MUL and RM9 (92.44 acres), to increase the maximum number of permitted dwelling units and to expand the area to which the district applies in order to accommodate additional residential and neighborhood scale mixed use development, all of which is more particularly described herein (Proposal No. 2001UD-001U-10). 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 R8 district to MUL (19.17 acres) and RM9 (81.10 acres) districts property at Bell Road (unnumbered), abutting the eastern margin of Bell Road, (100.27 total acres), all of which is more particularly described herein (Proposal No.2003Z-073U-13). 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 applying the Urban Design Overlay (UDO), District to properties located abutting the east margin of Bell Road, north of Bell Forge Lane, classified R8 and proposed for RM9 and MUL, (100.27 total acres), to permit the development of 936 residential units, including 256 live/work units, 210 flats, 192 townhomes, 142 patio homes, 136 single-family, and a mixed-use town center, all of which is more particularly described herein (Proposal No. 2003UD-003U-13). 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 canceling the undeveloped Residential and Commercial Planned Unit Development located at Bell Road (unnumbered) abutting the east margin of Bell Road, north of Bell Forge Lane, classified R8 and proposed for MUL and RM9, (100.27 total acres), approved for a 100,000 square foot office building and 1,272 residential units, all of which is more particularly described herein, (Proposal No. 96P-012U-13). 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.
Mr. Summers requested a suspension of the rules for consideration of one late
bill, but objection was made and the rules were not suspended.
- 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 and Planning, Zoning and Historical Committee. Ms. Holloway 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 prohibit the collection of garbage during certain hours within nine hundred feet of a residential structure. The Public Works Committee recommended deferment of the bill; the Public Works Committee’s Subcommittee on Solid Waste approved the bill. Mr. Shulman moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2003-1353
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. Mr. Briley offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2003-1353
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 substitute bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Briley 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 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 and Planning, Zoning and Historical Committee. Ms. Holloway moved to pass the bill on second reading, 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 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. Mr. Waters moved to defer action on the bill while certain legal issues are being reviewed, which motion was seconded and adopted by a voice vote of the Council.
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. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted 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). The bill was approved by the Planning Commission, Budget and Finance, 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 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). The bill was approved by the Planning Commission, Public Works; Parks, Library, Recreation and Auditorium; and Planning, Zoning and Historical Committees. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and adopted 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, Public Works and Planning, Zoning and Historical Committees. Mr. Bogen 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 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, ECD Board, Public Safety-Beer, Wine and Whiskey, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Hand 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 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, Traffic and Parking Commission, Public Works, Traffic and Parking 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 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; the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees 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 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, Traffic and Parking Commission, and Planning, Zoning and Historical Committee and by the Public Works and Traffic and Parking Committees with an amendment. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard 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 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, Traffic and Parking Commission, and Planning, Zoning and Historical Committee and by the Public Works and Traffic and Parking Committees with an amendment. Ms. Hand offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Hand 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 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. The bill was approved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee recommended deferment. Ms. Sontany moved to defer action on the bill upon the committee recommendation, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Works 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 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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance, 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 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, Public Works and Planning, Zoning and Historical Committees. Ms. Williams moved to pass the bill on second reading, which motion was seconded and adopted 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). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical 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 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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted 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). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Jenkins 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 closing Price Street from West Trinity Lane to Freesilver Road (Proposal No. 2003M-040U-03). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Black 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 200-foot segment of Capers Avenue, “Children’s Way” (Proposal No. 2003M-037U-10). The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Hausser 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 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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (34); "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. Briley moved to withdraw the bill, which motion was seconded and adopted by a unanimous 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 Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Black, Nollner, Hall, Beehan, Hart, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Turner, Williams, Tygard (27); “Noes” Dillard (1); “Abstaining” Whitmore, Kerstetter, Jenkins (3).
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. At the request of the sponsor Ms. McClendon 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 RM40 and R6 districts to CS district part of property at 5012 Delaware Avenue, abutting the eastern corner of Delaware Avenue and 51st Avenue North, (0.34 acres), all of which is more particularly described herein (Proposal No. 2001Z-121U-07). The bill was disapproved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to defeat the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Tucker, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (32); "Noes" Briley (1); “Abstaining” McClendon (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 changing from RS10 district to RM9 district property at Northcrest Drive (unnumbered), located approximately 500 feet west of Nolensville Pike (8.6 acres), all of which is more particularly described herein (Proposal No. 2003Z-028U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Tucker moved to pass the bill on third reading, which motion was seconded. Mr. Hart moved to defer the bill indefinitely, which motion failed for lack of a second. 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 on third reading, which motion was adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Nollner, Majors, Hall, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Wallace, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (30); "Noes" Hart (1); “Abstaining” Beehan and Haddox (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 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 and Planning, Zoning and Historical Committee. Mr. Bogen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (34); "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 R10 district to OR20 (6.78 acres) and MUL (5.41 acres) districts properties located at 2404 and 2406 Crestmoor Road, 2411, 2413, 2415 Crestmoor Road, 3800-3805 Bedford Avenue, 3807 and 3809 Bedford Avenue, and 3811-3830 Bedford Avenue, (12.19 total acres), all of which is more particularly described herein (Proposal No. 2003Z-046U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Shulman moved to defer action on the bill while remaining issues are addressed, 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 applying the Urban Design Overlay (UDO) district to properties located at 2404 and 2406 Crestmoor Road, 2411, 2413, 2415 Crestmoor Road, 3800-3805 Bedford Avenue, 3807 and 3809 Bedford Avenue, and 3811-3830 Bedford Avenue, (12.19 total acres), to permit the development of a mixture of residential, office, and retail uses, all of which is more particularly described herein (Proposal No. 2003UD-002U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Shulman moved to defer action on the bill while remaining issues are addressed, 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 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 Planning, Zoning and Historical Committee recommended deferment. Mr. Derryberry moved to defer the bill for two meetings and re-refer it to the Planning Commission and the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2003-1383
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, AR2a, RS15, and R15 districts to MUL, RS10, RM15, and
RS7.5 districts properties at 12786 Old Hickory Boulevard, Route 2 Murfreesboro
Pike and Hobson Pike (unnumbered), at the intersection of Old Hickory Boulevard
and Murfreesboro Pike, (238.97 acres), all of which is more particularly described
herein (Proposal No. 2003Z-030G-13). The bill was approved by the Planning
Commission and Planning, Zoning and Historical Committee. Ms. Holloway moved
to defer action on the bill, the bill being requested by Belz-McDowell Properties,
which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2003-1385
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 canceling the undeveloped Commercial Planned Unit Development located abutting
both sides of Murfreesboro Pike and both sides of Hobson Pike and Old Hickory
Boulevard, classified CS and AR2a, (100.7 acres), all of which is more particularly
described herein, (Proposal No. 62-72-G-13). The bill was approved by the Planning
Commission and Planning, Zoning and Historical Committee. Ms. Holloway moved
to defer action on the bill, the bill being requested by Belz-McDowell Properties,
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 withdraw the bill because of the opposition to the proposal, the bill being requested by Doubleday & Company, 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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (34); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (34); "Noes" (0).
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 requested a suspension of the rules to override the committee recommendation for deferment, and no objection was made. Mr. Hall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (34); "Noes" (0).
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, Public Works and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (34); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Black, Nollner, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams and Tygard (34); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned to Tuesday, June 10, 2003, at 7:00 p.m.
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