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Minutes
Metropolitan Council Meeting
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Minutes
Metropolitan Council Meeting
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The Metropolitan Council met in regular session on this date at 7:00 p.m. in Metro City Hall.
The invocation was offered by Councilman Michael Craddock.
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: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (41); Absent: (0).
The Minutes of the regular meeting of January 20, 2004 were approved with an amendment.
- ELECTIONS AND CONFIRMATIONS -
Metropolitan Nashville Airport Authority
Reappointment of Mr. Irby Simpkins to the Metropolitan Nashville Airport Authority
for a term expiring January 1, 2008. The Rules-Confirmations-Public Elections
Committee recommended the appointment and Ms. McClendon moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Alarm Appeals Board
Reappointment of Ms. Eleanor Kilcrease Davis to the Alarm Appeals Board for
a term expiring November 4, 2005. Without objection, the appointment of Ms.
Davis was withdrawn.
CATV Special Committee
Reappointment of Mr. Inman E. Otey to the CATV Special Committee for a term
expiring March 1, 2007. The Rules-Confirmations-Public Elections Committee
recommended the appointment and Ms. McClendon moved for confirmation, which
motion was seconded and adopted by a unanimous vote of the Council.
Traffic and Parking Commission
Appointment of Ms. Eileen Beehan to the Traffic and Parking Commission for
a term expiring April 3, 2008. The Rules-Confirmations-Public Elections Committee
recommended the appointment. Ms. McClendon moved for confirmation, which
motion was seconded and failed by the following vote: “Ayes” Neighbors,
Briley, Dread, Jameson, Cole, McClendon, Greer, Hausser, Whitson, Shulman,
Adkins, Foster, Coleman, Bradley, Williams (15); “Noes” Hart,
Walls, Wilhoite (3); “Abstaining” Dozier, Tucker, Isabel, Hughes,
Craddock, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Wallace, Kerstetter,
Toler, Tygard (16).
- RESOLUTIONS -
A resolution requesting the Metropolitan Police Department to enforce the Metropolitan Code provisions prohibiting the collection of garbage during certain hours. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution establishing a citizens’ task force to review Article II of Chapter 2.04 of the Metropolitan Code which imposes certain standards of ethical conduct and to make recommendations of improvements to Article II of Chapter 2.04 of the Metropolitan Code to the Metropolitan Council. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
A resolution requesting the Department of Public Works and the Nashville Fire Department to store salt used for road deicing at fire halls across Davidson County and to have Public Works personnel across the County on-call near the fire halls to decrease the amount of time necessary to mobilize the salt trucks in the event of a snow or ice storm. The Public Works and Public Safety-Beer, Wine and Whiskey Committees recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2004-136
A resolution requesting the Metropolitan Transit Authority to design and
implement a downtown “Free Ride Zone” program. The Transportation
and Aviation Committee recommended deferment. Mr. Wallace moved to defer
the resolution, which motion was seconded and adopted by a voice vote of
the Council.
A resolution establishing a task force to determine the highest and best use for the downtown Thermal Plant property. The resolution was approved by the Public Works Committee. Mr. Tygard moved to defer the resolution to the second meeting in March, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary enabling legislation to allow the Metropolitan Government of Nashville and Davidson County to impose and collect impact fees. The Budget and Finance Committee recommended deferment. Mr. Alexander moved to defer the resolution, upon the committee recommendation,which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to reduce the level of permissible blasting for rock quarries. The Public Works Committee recommended indefinite deferment. Mr. Isabel moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting Nashville Gas Company to stagger the due dates for senior citizens to coincide with the dates on which they receive their Social Security or pension check, and requesting Nashville Electric Service to increase its publicity efforts regarding its social security payment program. The resolution was approved by the Budget and Finance Committee. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Davidson County Election Commission to include ethnic newspapers meeting the requirements of T.C.A. §2-1-117 when publishing notices and sample ballots in newspapers of general circulation. The Rules-Confirmations-Public Elections Committee approved the resolution with an amendment. Mr. Isabel offered Amendment No. 1 and moved for its adoption, which motion was seconded by a voice vote of the Council. Mr. Isabel moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
A resolution approving an amendment to Paragraph 8.05 of the December 4, 1994 Lease Agreement (“Lease”) between the Metropolitan Government (“Tenant”) and Meharry Medical College (“Landlord”) in order to permit Tenant, or its Sublessee or Assignee, to vacate any portion of the leased premises in the same manner as that paragraph now permits Tenant to vacate the entire premises upon thirty (30) days written notice to landlord. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Ms. Neighbors moved to defer the resolution, upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council with Mr. Whitson abstaining.
A resolution approving a grant in an amount not to exceed $379,000 from the State of Tennessee, Department of Health to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Health for the provision of immunization services for children and adults and the control of vaccine-preventable diseases. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
A resolution authorizing the Mayor to submit an application for a Waste Reduction Grant from the Tennessee Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Department of Public Works. The resolution was approved by the Budget and Finance and Public Works Committees with an amendment. 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 adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
A resolution approving and authorizing the Director of the Department of Water and Sewerage Services to execute a branch station bill paying station agreement with Computer House. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Greer moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,170 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. 1.38, Nashville, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,379 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. 13.22, Nashville, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Gotto moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
A resolution authorizing Global Café, Inc. to install, construct and maintain an awning and sign above the public right-of-way at 322 Broadway (Proposal No. 2004M-008U-09). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Alonzo Holbert against Sergeant David Imhof and Sergeant Jeff Sanders for the amount of $35,000, and directing that this amount be paid from the Judgments and Losses Account. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded. After discussion, Ms. Tucker 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 the resolution, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
BILL NO. BL2004-137
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 District to RM4 District properties at Winstead Avenue (unnumbered), Monticello Street (unnumbered), and West Trinity Lane (unnumbered), (4.45 acres), all of which is more particularly described herein (Proposal No. 2002Z-060U-03).
Mr. Isabel offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2004-137
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 District to RM4 District property at West Trinity Lane (unnumbered), (4.96 acres), all of which is more particularly described herein (Proposal No. 2002Z-060-03). Mr. Isabel moved to pass the bill on first reading and defer it to the May public hearing, 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 CS district to RM15 district property at Highway 70 South (unnumbered), west of McCrory Lane, (7.71 acres), all of which is described herein (Proposal No. 2004Z-014G-06). The bill was approved by the Planning Commission. 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 R6 district to CS district a portion of property at 412 Brewer Drive, at the corner of Nolensville Pike and Brewer Drive, (0.55 acres), all of which is described herein (Proposal No. 2004Z-011U-12). The bill was approved by the Planning Commission. Mr. Foster moved to pass the bill on first reading and defer it indefinitely, the bill being requested by Masoud Zand, 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 OR20 district to CS district property at 7201 Charlotte Pike, along I-40 West, (15.82 acres), all of which is described herein (Proposal No. 2004Z-009U-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 R15 district to CL district properties at 631 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), at the I-40 West ramp, (0.40 acres), all of which is described herein (Proposal No. 2004Z-006U-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 making applicable to property abutting the east margin of 8th Avenue South between Alloway Street and Argyle Avenue, classified CS, (.18 acres), the provisions of a Planned Unit Development District, to permit to permit an existing restaurant an exemption from the minimum distance requirements included in the beer provisions of the Metro Code (Proposal No. 2004P-003U-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 RS5 district to CS district property located at 1219, 1221, 1225 and 1231 Bessie Avenue on the south margin of Weakley Avenue (0.87 acres), all of which is described herein (Proposal No. 2003Z-145U-03). 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 R10 district to CS district property at 1510 Lebanon Pike, approximately 220 feet east of Spence Lane, (1.77 acres), all of which is described herein (Proposal No. 2004Z-022U-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 CS district to MUL district property at 1029 12th Avenue North and Meharry Boulevard (unnumbered), at the corner of 12th Avenue North and Meharry Boulevard, (0.13 acres), all of which is described herein (Proposal No. 2003Z-121U-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 CS district to MUL district property at 1708 Jefferson Street, across from 17th Avenue North, (0.06 acres), all of which is described herein (Proposal No. 2004Z-002U-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 RS5 district to CL district property located at 1400 14th Avenue North, abutting the east margin of 14th Avenue North and the I-40 West Ramp (0.10 acres), all of which is described herein (Proposal No. 2003Z-130U-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 IG district to MUI district property at 823 3rd Avenue North, across from Criddle Street, (1.65 acres), all of which is described herein (Proposal No. 2004Z-007U-09). 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 north margin of Stewarts Ferry Pike, 800 feet east of McCrory Road (1.68 acres), classified CL, the provisions of a Commercial Planned Unit Development District, to permit the development of a 10,500 square foot general office and a 7,700 square foot retail building to replace an undeveloped 10,500 square foot general office and a 3,300 square foot food service building (Proposal No. 71-86-P-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 OG, OR20, RM40, and RM20 districts to ORI (3.27 acres), MUL (2.99 acres) and RM40 (30.51 acres) districts various properties located between 29th Avenue North and I-440 and between Fairmont Drive, Hillcrest Place, West End Circle and Parthenon Avenue, (36.77 total acres), all of which is described herein (Proposal No. 2004Z-025U-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 making applicable to various properties located between 29th Avenue North and I-440 and between Fairmont Drive, Hillcrest Place, West End Circle and Parthenon Avenue, (56.47 acres), the provisions of an Urban Design Overlay District, (Proposal No. 2004UD-001U-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 properties at 305, 309, and 315 Old Lebanon Dirt Road, at the intersection of Old Lebanon Dirt Road and Old Hickory Boulevard, (4.25 acres), all of which is described herein (Proposal No. 2003Z-032G-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 IR district to R8 district a portion of property located at 618 Vernon Avenue, approximately 140 feet south of Nashua Avenue (0.26 acres), all of which is described herein (Proposal No. 2003Z-141U-07). 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 MUL (0.36 acres) and R8 (0.41 acres) districts properties located at 2517 Edge-O-Lake Drive, Edge-O-Lake Drive (unnumbered), and 2521 Edge-O-Lake Drive, approximately 250 feet east of Murfreesboro Pike (0.77 acres total), all of which is described herein (Proposal No. 2004Z-017U-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 RS3.75 district to MUL district a portion of property located at 2526 Murfreesboro Pike, approximately 735 feet south of Edge-O-Lake Drive (0.67 acres), all of which is described herein (Proposal No. 2004Z-018U-13). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.04.060 Definitions by adding a definition for Recycling Facility, by amending Section 17.08.030 and Section 17.16.110 by designating zone districts where a Recycling Facility shall be permitted and establishing conditions for such a facility when permitted by conditions, all of which is more particularly described herein (Proposal No. 2004Z-001T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending Section 6.08.070.1C(c) of the Metropolitan Code of Laws regarding requirements for an annual financial report submitted by grantees of cable television franchises. 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 granting an easement to Colonial Pipeline Company and accepting $1,000 in consideration, at 1600 Second Avenue North, on the west margin of Cement Plant Road, to allow for expansion of an existing gas pipeline, Map 82, Parcel 20 (Proposal No. 2003M-094U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and the 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. 03-WG-153, Omohundro 48” Water
Main (Proposal No. 2003M-127U-11).
The bill was approved by the Planning Commission. Upon motion duly seconded,
the bill passed first reading and was referred to the Budget and Finance, Public
Works and Planning, Zoning and Historical Committees by a voice vote of the
Council.
Without objection the rules were suspended for consideration of nine (9) late bills.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to RM6 (25.86 acres) and MUL (1.61 acres) districts properties at Chadfield Way (unnumbered), Una Antioch Pike (unnumbered), and Bowfield Drive (unnumbered), (27.47 acres), all of which is described herein (Proposal No. 2004Z-010U-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 making applicable to property abutting the north margin of Una-Antioch Pike, opposite Hickory Hollow Parkway, (27.4 acres), classified RS7.5 and proposed for RM6 and MUL, the provisions of a Planned Unit Development District, to permit the development of 139 townhomes, 16 single-family lots, and 14,000 square feet of commercial uses (Proposal No. 2004P-004U-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 R8 district to RM20 district property located at Fairfax Avenue (unnumbered), and 2401 Fairfax Avenue at the southwest corner of Fairfax Avenue and 24th Avenue, (0.64 acres), all of which is described herein (Proposal No. 2004Z-019U-10). 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 amending to an existing undeveloped Planned Unit Development located abutting the southwest margin of Fairfax Avenue and 24th Avenue South, classified R8 and proposed for RM20, (0.64 acres), to permit the development of 10 townhouse units, approved for 7 townhouse units, all of which is more particularly described herein, (Proposal No. 286-84-U-10). 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 R6 district to IWD district properties at 431 Wingrove Street, east of Byrum Avenue, (2.03 acres), all of which is described herein (Proposal No. 2004Z-015U-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
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 R80 district to RS20 district a portion of property at 7515 Old Charlotte Pike, across from Gower Road, (31.3 acres), all of which is described herein (Proposal No. 2004Z-008G-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 making applicable to property abutting the south margin of Old Charlotte Pike, opposite Gower Road, (31.3 acres), classified R80 and proposed for RS20, the provisions of a Planned Unit Development District, to permit the development of 49 single-family lots, (Proposal No. 2004P-002G-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 AR2a district to RS10 district properties located at 1089 and 1091 Barnes Road, approximately 1,600 feet east of Barnes Cove Court (5.28 acres), all of which is described herein (Proposal No. 2003Z-143G-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 R8 district to MUL (2.23 acres) and RS3.75 (1.00 acres) districts property at 2530 Murfreesboro Pike, approximately 800 feet south of Edge-O-Lake Drive (3.23 acres total), all of which is described herein (Proposal No. 2004Z-005U-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.
- BILLS ON SECOND READING -
An ordinance amending Section 10.20.300 of the Metropolitan Code of Laws to prohibit the collection of garbage between the hours of eleven p.m. and seven a.m., and to include a permit forfeiture provision for multiple violations of the hours of collection restriction. The Public Works Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Sections 13.20.030 and 13.20.090 of the Metropolitan Code of Laws relating to the control of traffic in temporary work zones. The Public Works and Traffic and Parking Committees recommended deferment. Mr. Wallace moved to defer 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 #1059 and an unnumbered alley that runs between North Avondale Circle and Avondale Circle (Proposal No. 2003M-109U-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. Isabel 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 Historic Edgefield Homeowners Association to construct, install, and maintain street signage on the public right-of-way in various locations (Proposal No. 2003M-129U-05). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance naming the new North Police Precinct Station as the “William David Bodenhamer Building”. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Isabel moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the disposition of a certain parcel of surplus property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2004M-007U-10). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Shulman 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 the Nashville Academy Theatre, acting through Public Property, and Nashville Children’s Theatre Association for certain real property located at 724 Second Avenue South, Nashville, Tennessee (2003M-131U-09). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee and by the Budget and Finance Committee with two amendments. Mr. Briley offered Amendments Nos. 1 and 2 and moved for their adoption, which motion was seconded and adopted without objection. Mr. Briley 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 Title 3 of the Metropolitan Code of Laws relative to employee benefits in order to comply with federal requirements for qualified plans. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Briley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County and United States Filter Corporation. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Briley 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 negotiation or condemnation for the box bridge replacement at Brick Church Lane over the North Fork of Ewing Creek, Project No. 03-B-02 (Proposal No. 2004M-005U-02). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee and by the Budget and Finance and Public Works Committees with an amendment. Mr. Hughes offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted without objection. Mr. Hughes 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 authorizing the acquisition of property by negotiation or condemnation for the box bridge replacement at Dry Fork Road over Carney Creek, Project No. 03-B-01 (Proposal No. 2004M-006G-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee and by the Budget and Finance and Public Works Committees with an amendment. Mr. Briley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted without objection. Mr. Briley 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 authorizing the Metropolitan Government to participate with Richard Argo to provide improved public sewer service along Nolensville Road, Project No. 03-SC-216. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler 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 Baty Development Group, LLC, Project No. 03-WL-34, and the Director of Water and Sewerage Services is authorized to sign the participation agreement for Metro Government. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Whitmore 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 enter into a Participation Agreement with Tiara Development, to provide public sewer service to Willowmet Subdivision, Phase Three, Project No. 02-SL-105, in Williamson County. The bill was approved by the Budget and Finance; the Public Works Committee recommended deferment. Mr. Briley moved to suspend the rules to override the committee recommendation for deferment, and objection was made. The bill was deferred pursuant to Rule No. 23 of the Temporary Rules of Procedure of the Metropolitan Council.
An ordinance abandoning and relocating a portion of a sewer line and easement upon installation and acceptance of proposed relocation. Metropolitan Government agrees to abandon existing sewer line and easement on Map 93-11, Parcel 12, of Project No. 02-SL-188, Frank May Property Easement Abandonment and Relocation (Proposal No. 2003M-038U-09). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace 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 an existing water and sewer line and easement located on Map 119-11, Parcels 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, and Map 119-15, Parcels 122, 123, and 124 of Project No. 03-SG-188 and 03-WG-185, Willowbrook Market Place (Proposal No. 2003M-125U-11). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. McClendon 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 changing from R10 and OL districts to CS district properties at 1331 Jansing Drive and Jansing Drive (unnumbered), approximately 400 feet south of Antioch Pike (3.58 acres), all of which is more particularly described herein (Proposal No. 2003Z-096U-13). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Alexander moved to defer the bill on third reading, the bill being requested by Wallace J. Hutcherson, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2003-76 and BL2003-77 were considered together.
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 district to CL district property located at 5548 Franklin Pike Circle (4.02 acres) and part of property at 5588 Franklin Pike Circle (8.0 acres), located abutting the north margin of Old Hickory Boulevard (12.02 acres total), all of which is described herein (Proposal No. 2003Z-139U-12). The bill was disapproved by the Planning Commission.
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 existing undeveloped Planned Unit Development abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified OR40 and proposed CL, to permit the development of a 159,717 square foot retail center, 8,000 square foot office and a 5,400 square foot restaurant, approved for a 450,000 square foot six story office building and a 15,000 square foot restaurant, all of which is more particularly described herein, (Proposal No. 94P-009U-12). The bill was disapproved by the Planning Commission.
Mr. Toler moved to defer the bills on third reading to await reports from the neighborhoods involved, the bill being requested by GBT Realty Corporation, which motion was seconded and adopted a voice vote of the Council with Mr. Foster “Abstaining.”
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 RM2 district part of property located at 3005 Fernbrook Lane, located abutting the south margin of Fernbrook Lane (26.8 acres), all of which is described herein (Proposal No. 2003Z-137U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to defer the bill on third reading to the second meeting in March to allow developers time to finalize all paperwork, being requested by Dale and Associates, 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 37th Avenue North, between Georgia Avenue and Indiana Avenue, to Elizabeth Jordan Street (Proposal No. 2003M-113U-08). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Whitmore moved to defer the bill on third reading so that all relevant information can be disseminated to Council members, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon and relocate an existing 8” sanitary sewer line and easement located on Map 104-09, Parcels 122-123 of Project No. 03-SL-034, West End & Craighead Avenue (Proposal No.2003M-107U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Summers moved to defer the bill on third reading since he has not been contacted by anyone on this proposal, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving an increase in the basic rate charged by the division of emergency ambulance and rescue service for the transportation of patients to hospitals to $650.00 with an additional charge of $5.00 per mile effective January 1, 2004. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Dread moved to pass the bill on third reading, which motion was seconded. Ms. Williams moved to defer the bill, which motion was seconded. Mr. Adkins moved to table the motion to defer, which motion was seconded and adopted by a voice vote of the Council. After discussion, Mr. Ryman 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” Dozier, Neighbors, Briley, Dread, Gilmore, Hughes, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Bradley, Williams, Tygard (33); “Noes” Tucker, Isabel, Murray, Walls, Coleman (5); “Abstaining” Greer, Shulman (2).
Mr. Wallace moved for re-consideration of the motion, which motion received four seconding motions as required by Rule No. 33 of the Temporary Rules of Procedure of the Metropolitan Council.
An ordinance approving a practicum affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Social Services Commission and the Nashville State Technical Community College to provide clinical experience for students enrolled the Early Childhood Education program at Nashville State Technical Community College. The bill was approved by the Budget and Finance and Health, Hospitals, and Social Services Committees. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); “Noes” (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for the addition of a turn lane to be added just North of the Intersection at Edmondson Pike and Old Hickory Boulevard, Project No. 03-R-08 (Proposal No. 2004M-002U-12). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); “Noes” (0).
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. 03-D-0417, 1107 Woodvale Dr., Map 131-04, Parcel 152 Public Utility Drainage Easement, Stormwater (Proposal No.2003M-102U-10). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); “Noes” (0).
An ordinance accepting Deed of Perpetual Channel Improvement Easements for Project 99-SG-117, North First Street River Bank Stabilization Map 82-10, Parcel 9, and Map 82-14, Parcels 57, 58, 87 and 89 abutting the east bank of the Cumberland River for stabilization from the Cumberland River between Jefferson Street Bridge South and the CSX Rail Road Bridge (Proposal No. 2003M-101U-09). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Murray moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); “Noes” (0).
An ordinance authorizing the Metropolitan Government to accept a donation of one thousand, one hundred fifty-two dollars ($1,152.00) from Centenary United Methodist Church for the use and benefit of The Metropolitan Government of Nashville and Davidson County Tennessee. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); “Noes” (0).
An ordinance accepting $77,500.00 in cash donations and appropriating said sponsorship money that has been received into the general fund and appropriating an additional $20,000.00 in matching funds for the purpose of funding Contract No. 15462. The bill was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.