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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 Metropolitan City Hall.
The invocation was offered by Councilmember Saletta Holloway.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (38); Absent: Black, Knoch (2).
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 24, 2003, at 7:00 p.m. to consider Resolution No. RS2003-1480 and Bill Nos. BL2003-1471 and BL2003-1472 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 Minutes of the special meeting of June 4, 2003 and the adjourned meeting of June 10, 2003, were approved.
- ELECTIONS AND CONFIRMATIONS -
Board of Public Education
The President called for an election to fill a vacancy on the Metropolitan
Board of Public Education for School District 5. The candidate previously
nominated, pursuant to the Rules of Procedure of the Metropolitan Council,
was The Reverend Lisa Hunt. Mr. Greer, Chairman of the Rules-Confirmations-Public
Elections Committee, reported that the Committee had found the nominee to
be qualified to fill the seat and recommended her election. Mr. Greer moved
to elect Rev. Hunt to fill the vacancy, which motion was seconded and unanimously
adopted.
Metropolitan Nashville Airport Authority
Appointment of Mr. Jack Bovender to the Metropolitan Nashville Airport Authority
for a term expiring June 4, 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.
Historical Commission
Appointment of Mr. John Hardcastle to the Historical Commission for a term
expiring August 10, 2005. 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.
Human Relations Commission
Reappointment of Mr. Carl Jones to the Human Relations Commission for a term
expiring April 18, 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.
Appointment of Mr. Mark Lopez to the Human Relations Commission for a term expiring April 18, 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.
Reappointment of Dr. Henrietta R. McCallister to the Human Relations Commission for a term expiring April 18, 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 Dr. Arshi Nasseh to the Human Relations Commission for a term expiring April 18, 2006. In the absence of the appointee, the confirmation was deferred.
Appointment of Ms. Maria M. Salas to the Human Relations Commission for a term expiring April 18, 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.
Reappointment of Dr. Bill Sherman to the Human Relations Commission for a term expiring April 18, 2006. At the request of the appointee, the appointment was deferred.
Appointment of Dr. Connie J. Smith to the Human Relations Commission for a term expiring April 18, 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.
Planning Commission
Reappointment of Ms. Judy Cummings 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.
Public, Educational and Governmental Access Committee
Appointment of Mr. Alan Johnson to the Public, Educational and Governmental
Access Committee for a term expiring November 4, 2003. 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.
Traffic and Parking Commission
Reappointment of Reverend Paul F. Durham to the Traffic and Parking Commission
for a term expiring April 3, 2008. In the absence of the appointee, the confirmation
was deferred.
Reappointment of Lawrence M. Lipman to the Traffic and Parking Commission for a term expiring April 3, 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.
Transit Authority
Reappointment of Mr. E. L. Collins to the Transit Authority for a term expiring
May 18, 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.
- BILL ON PUBLIC HEARING -
The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2003-2004. The bill was approved by the Budget and Finance Committee. Mr. Jenkins 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Jenkins moved to pass the bill on second reading and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.
- RESOLUTIONS -
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 resolution was approved by the
Budget and Finance Committee. Mr. Jenkins moved to defer the resolution to
track with the budget and to re-refer to the Budget and Finance Committee,
which motion was seconded and adopted by a voice vote of the Council.
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 to prevent the commission of criminal and codes offenses having their origin in the sale of single-item beers. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee with an amendment. Mr. Waters offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Waters moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution requesting Congressman Jim Cooper and Senators Bill Frist and Lamar Alexander to introduce legislation and/or take the appropriate action necessary for the United States Government to build a fire hall on U.S. Army Corps of Engineers property located in the vicinity of I-40 and Bell Road. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Derryberry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Nollner, 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); “Abstains” Majors (1).
A resolution appropriating $250,000 in Community Development Block Grant Funds for Health and Safety Rehabilitation Grants for elderly and disabled homeowners; lot acquisition and related costs; and gateway signs in the Cameron Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution appropriating $10,000 in Community Development Block Grant funds for Pride Revive Summer Camp in the Edgehill Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Greer moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution appropriating $200,000 in Urban Development Action Grant (UDAG) repayments to the Metropolitan Development and Housing Agency for use by the Nashville Housing Fund. The resolution was approved by the Federal Grants Review Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution appropriating $119,000 of Urban Development Action Grant Repayment Funds to provide employment-related services to low and moderate income persons. The resolution was approved by the Federal Grants Review Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution appropriating certain 2003 Housing and Community Development funds. The resolution was approved by the Federal Grants Review Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution authorizing the Metropolitan Mayor to submit an application to the Tennessee Department of Transportation for a grant through the Transportation Enhancement Program for proposed streetscape enhancements along Dickerson Road between Spring Street and Douglas Avenue. The resolution was approved by the Federal Grants Review Committee. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution authorizing and providing for the issuance and sale of commercial paper of The Metropolitan Government of Nashville and Davidson County (Tennessee); authorizing and providing for a dealer agreement, issuing and paying agency agreement, and agreement with the Comptroller of the Treasury of the State of Tennessee; authorizing the Metropolitan Government to purchase such commercial paper upon the satisfaction of certain conditions; and providing for certain other matters related thereto. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution approving an Intergovernmental Agreement between the Hospital Authority and the Metropolitan Government transferring funds in an amount not to exceed Thirty-One Million Three Hundred Five Thousand Eight Hundred Seventy-Seven Dollars ($31,305,877) through June 30, 2003 to facilitate receipt of funding from the State of Tennessee, and appropriating said funds, for the purposes of making a loan to the Metropolitan Hospital Authority. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution approving the proposed business plan for the Metropolitan Educational Access Corporation (MEAC). The resolution was approved by the Budget and Finance Committee. Ms. Williams moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
RESOLUTION RS2003-1499
A resolution approving a contract by and between The Metropolitan Government
of Nashville and Davidson County, by and through the Metropolitan Health
Department, and the State of Tennessee, Department of Health, for the
provision of laboratory
testing. The resolution was approved by the Budget and Finance and Health,
Hospitals and Social Services Committees. Mr. Jenkins moved to adopt the
resolution, which motion was seconded and adopted by the following
vote: “Ayes” Ferrell,
Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution authorizing the Metropolitan Mayor to enter into revised Supplemental Agreement No. CSX-039988, with CSX Transportation, amending two paragraphs of the original attached application. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
A resolution approving a contract from the Tennessee Department of Transportation concerning Central Signal System and Field Software Maintenance and Integration, LP Project No. 3355. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Title 7, Chapter 7.08 of the Metropolitan Code of Laws for the purpose of correcting a typographical error therein. 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 approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Baker, Storey, McDonald Properties, Inc., for the contribution of $13,750.00 for funding of an assessment and evaluation of the feasibility of relocating Fire Hall No. 10. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.
BILL NO. BL2003-1499
An ordinance approving the grant of a permanent sewer easement to the Ensworth
High School (Proposal No. 2003M-068G-06). Upon motion duly seconded, the
bill passed first reading and was referred to the Planning Commission, Public
Works, and Planning, Zoning and Historical Committees by a voice vote of
the Council.
BILL NO. BL2003-1500
An ordinance authorizing the Director of Parks and Recreation, or his designee,
to accept, execute and record an agreement for grant of an easement with
The Ensworth School, on a parcel of property for use in the greenway
system (Proposal
No. 2003M-069G-06). 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 authorizing the acquisition of property by negotiation or condemnation for construction of sidewalks and associated work in accordance with the Strategic Plan for Sidewalk Capital Improvement Projects located within the area of The Metropolitan Government of Nashville and Davidson County (Proposal No. 2003M-067UG). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring water mains, sanitary sewers, reservoirs, and stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SC-124, Vanderbilt at 29th Avenue for a 54” Storm Water and an 18” Water Line Relocation (Proposal No.2003M-029U-10). 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 Committee by a voice vote of the Council.
An ordinance approving the disposition of a certain parcel of property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County at the corner of 12th Avenue and Wedgewood (Tax Map 105-9, Parcel 51, including any adjoining abandoned street or alley) (Proposal No. 2003M-070G-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Mayor to enter into a fiber optic cable agreement with Nashville & Eastern Railroad Corporation allowing the Metropolitan Government Information Technology Service Department to install fiber optic cable in the railroad right-of-way overhead at M.P. 0.97 and then running East parallel to the main on the north side to the spur to the MTA-Hascall Steel Spur and authorizing approval of all future Nashville & Eastern Railroad Corporation license agreements by resolution. (Proposal No. 2003M-057U-09). 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 the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Otter Creek Road (Proposal No. 2003M-043G-10). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.
Mr. Stanley moved to suspend the rules for consideration of one (1) bill, which motion was seconded without objection.
An ordinance amending various sections of Title 17 of the Metropolitan Code, Zoning Regulations relative to requiring a planned unit development overlay or an urban design overlay for properties disturbing, altering, modifying, changing, or encroaching on twenty percent or more of the natural floodplain and/or floodway areas required to be preserved (Proposal No. 2003Z-010T). 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. Stanley moved to suspend the rules to schedule this bill for public hearing and second reading at the regular meeting of the Council on July 15, 2003, which motion was seconded and adopted without objection.
At this time the regular order of business was resumed.
- BILLS ON SECOND READING -
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 bill was approved by the Public Works Committee. Mr. Shulman moved to defer the bill indefinitely while corrections to the bill are drafted, which motion was seconded and adopted by a voice vote of the Council.
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 bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Briley moved to pass the bill on second reading, which motion was seconded. After discussion, Mr. Hall called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Dread, Hall, Beehan, Hart, Dillard, Balthrop, Ponder, McClendon, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Sontany, Kerstetter, Jenkins, Turner, Williams, and Tygard (24); “Noes” Tucker, Nollner, Campbell, Brown, Derryberry, Stanley, Loring, Greer, Alexander, and Holloway (10); “Abstaining” Gilmore, Majors, Hand (3).
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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to pass the bill on second reading as amended, which motion was seconded. Mr. Waters moved to defer 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to defer 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 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 pass the bill on second reading, which motion was seconded and The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Waters 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 and by the Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace 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 the bill on second reading for further discussion, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance Committee. Mr. Jenkins moved to pass the bill on second reading and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance Committee. 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 acceptance of a donated easement on private property for purposes of constructing a greenway bridge and a connector trail for the Shelby Bottoms / Cooper Creek Bridge (Proposal No. 2003M-056U-05). The bill was approved by the Planning Commission; Parks, Library, Recreation and Auditorium; and Planning, Zoning and Historical Committees with an amendment. Mr. Campbell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Campbell 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 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. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Nollner moved to defer the bill on second reading upon the Committee recommendation, which motion was seconded and adopted 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. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon 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). 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.
- BILLS ON THIRD READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, 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 applying the Neighborhood Landmark Overlay district to property at 3420 Belmont Boulevard, at the intersection of Belmont Boulevard and Woodmont Boulevard, classified R10, (1.04 acres), all of which is more particularly described herein (Proposal No. 2003Z-025U-10). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Greer moved to the defer the bill indefinitely, the bill being requested by Alan J. McCracken, et ux, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (34); “Noes” (0).
An ordinance making applicable to Metropolitan Government the provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated to require local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities. The bill was approved by the Public Works Committee. Ms. Gilmore moved to defer the bill on third reading, 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 part of property at Route 1 Cane Ridge Road, abutting the west margin of Cane Ridge Road, (30.0 acres), all of which is more particularly described herein (Proposal No. 2002Z-095G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Dread moved to defer the bill on third reading, the bill being requested by Dale & Associates, Inc., which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from 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 and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by 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 and Planning, Zoning and Historical Committee. Mr. Shulman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Shulman moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
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, Planning, Zoning and Historical and Education Committees. Ms. Holloway
moved to pass the bill on third reading, which motion was seconded and adopted
by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker,
Dread, Gilmore, 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 (37); “Noes” (0).
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, Planning, Zoning and Historical, and Education Committees. Ms.
Holloway moved to pass the bill on third reading, which motion was seconded
and adopted by the following vote: “Ayes” Ferrell, Waters, Briley,
Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 district to OR40 district properties at 1033, 1035, 1037, 1039, and 1041 14th Avenue North, and 1404, 1406, 1408 and 1408 1 Meharry Boulevard, at the intersection of Meharry Boulevard and 14th Avenue North, (.98 acres), all of which is more particularly described herein (Proposal No. 2003Z-018U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 district to OR40 district properties at 1025, 1027, 1029, and 1031 14th Avenue North, and 1311 and 1313 Meharry Boulevard, at the intersection of Meharry Boulevard and 14th Avenue North, (.82 acres), all of which is more particularly described herein (Proposal No. 2003Z-018U-08). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Tucker, Dread, Gilmore, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (32); “Noes” (0); “Abstaining: Hausser, Bogen, Summers (3).
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 properties at 1401 and 1405 Jefferson Street, at the intersection of 14th Avenue North and Jefferson Street, (.36 acres), all of which is more particularly described herein (Proposal No. 2003Z-018U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, 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 (37); “Noes” (0).
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 defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council. Mr. Hall moved for a suspension of the rules to place the bill on the regular July 1, 2003, Council meeting agenda, which motion was seconded and adopted without objection.
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 defer the bill on third reading for a recommendation by the ECD Board, which motion was seconded and adopted by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned to Tuesday, June 24, 2003, at 7:00 p.m.
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