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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 Jason Hart.
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, 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 (40); Absent: Brown (1).
Mr. Foster moved that the Minutes of the regular meeting of March 16, 2004 be amended to reflect his abstention on BL2004-76 and BL2004-77, which motion was seconded and adopted by a voice vote of the Council. The Minutes of the meeting were adopted as amended.
- CONSIDERATION OF PROPOSED RULES OF PROCEDURE -
Ms. McClendon, Chair of the Rules-Confirmations-Public Elections Committee, moved to adopt the proposed permanent Rules of Procedure of the Metropolitan Council as recommended by the Committee, which motion was seconded.
Mr. White moved to amend the motion by deleting the proposed change to Rule No. 14, which motion was seconded. Mr. Adkins moved to table the motion to amend, which motion was seconded and failed by a roll call vote of the Council. Discussion ensued, and Mr. Gotto 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 amend, which motion was adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Alexander, Wilhoite, Toler, Coleman, Tygard (25); “Noes” Neighbors, Dread, Hughes, Jameson, Cole, McClendon, Hausser, Whitson, Shulman, Adkins, Foster, Kerstetter, Bradley, Williams (14).
Mr. Summers moved for a division of the question on Rule No. 4, which motion was seconded and adopted without objection. Mr. Summers offered Amendment No. 1 to Rule No. 4 and moved for its adoption, which motion was seconded. Mr. Kerstetter moved to table the motion to amend, which motion was seconded and adopted by a voice vote of the Council. Mr. Summers offered Amendment No. 2 to Rule No. 4 and moved for its adoption, which motion was seconded. Mr. Kerstetter moved to table the motion to amend, which motion was seconded and adopted by a voice vote of the Council.
Mr. Ryman called for the previous question, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite moved for reconsideration, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite offered an amendment to Rule No. 47 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.
The matter recurred on the motion to adopt the proposed permanent Rules of Procedure with two amendments, which motion was seconded and adopted by a voice vote of the Council. The adopted 2004-2007 Rules of Procedure of the Metropolitan Council are:
2004-2007
RULES OF PROCEDURE OF THE COUNCIL OF
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
-1-
The regular order of business shall be as follows:
1. Meeting called to order
2. Invocation
3. Roll Call
4. Approval of minutes of previous meetings
5. Communications from the Mayor
6. Reports of committees on matters other than
reports on ordinances and resolutions
7. Elections and confirmations
8. Public Hearings
9. Resolutions
10. Announcements and extraordinary matters
11. Ordinances on first reading
12. Ordinances on second reading
13. Ordinances on third reading
14. Adjournment
-2-
A president pro tempore of the Council shall be elected by the Council
to serve in the absence of the Vice Mayor. Upon the resignation or
death of the Vice
Mayor, the president pro tempore shall serve as the Council's presiding
officer in the place of the Vice Mayor until a Vice Mayor shall be
elected and qualified.
If the president pro tempore shall serve as the Council's presiding officer
on account of the Vice Mayor's resignation or death, the Council shall
elect a deputy president pro tempore to serve in the absence of the
president pro
tempore. Until a deputy president pro tempore is elected as described
above while the president pro
tempore is presiding in the absence of the Vice Mayor, the president
pro tempore may, from the chair, designate any member of the Council
to preside
at a Council
meeting. If neither the Vice Mayor, the president pro tempore, nor any
deputy president pro tempore shall be present at the designated commencement
time
for a Council meeting, the Chair of the Planning, Zoning, and Historical
Committee, or in his/her absence, the Chair of the Traffic and Parking
Committee shall
call the Council to order and immediately conduct an election, using
the voting procedure provided in Rule 41, to elect a member to preside
at that
Council
meeting until a more senior presiding officer shall appear.
The terms of the president pro tempore and any deputy president pro tempore
shall expire on August 31 of the year following their election, and the
members serving in this capacity shall retain at all times their full
right to vote.
-3-
The standing committees of the Metropolitan Council shall be as follows:
1. Budget and Finance
2. Codes, Fair and Farmers Market
3. Health, Hospitals and Social Services
4. Parks, Library, Recreation and Public Entertainment Facility
5. Personnel-Public Information-Human Relations-Housing
6. Planning, Zoning, and Historical
7. Public Safety-Beer and Regulated Beverages
8. Public Works
9. Rules-Confirmations-Public Elections
10. Education
11. Traffic and Parking
12. Transportation and Aviation
13. Convention Center and Tourism
-4-
All members of the standing committees of the Council and the chair of each shall be appointed, except as otherwise provided in the Metropolitan Charter, by the Vice Mayor to serve until September 30 of the year following their appointment. The Chair of each committee shall appoint a member of the committee to serve as vice chair for the committee.
-5-
The executive committee of the Council shall consist of the Vice Mayor, the chair of all standing committees of the Council, and the president pro tem of the Council. Each member thereof shall be entitled to one vote regardless of the number of positions a Council member may hold. The executive committee shall meet at least once every quarter, and at such other time as necessary as called by either a majority of the executive committee or by the Vice Mayor. The executive committee shall report back to the Council in a timely manner as to the action taken by the executive committee.
-6-
The Vice Mayor, within his or her discretion, may from time to time appoint such special committees or expand the scope of an existing committee, as the circumstances require. The Council may also create and appoint special committees upon adoption of a resolution to that effect.
-7-
Each committee may formulate rules for its own operation. No committee may meet except at the time stated for its meeting and noticed to the members of the committee.
-8-
Any proposed ordinance or resolution may be introduced only by a member or members of the Metropolitan Council and the Metropolitan Clerk shall not receive or file any ordinance or resolution that is not signed by a member of the Metropolitan Council. Any resolution or proposed ordinance on first reading, the subject matter of which affects only one district, shall be deferred one meeting if the Council member from the district concerned with the subject matter of such legislation has not introduced or co-sponsored such legislation.
-9-
With the exception of zoning text amendments, where any zoning measure is introduced by a Council member-at-Large, the Council member from the district concerned shall be notified by the Councilmember-at-large and afforded the opportunity to be its co-sponsor. This does not restrict the right of the Council member-at-Large to introduce such measure if the district Council member does not desire or refuses to be its co-sponsor.
-10-
One original of all ordinances and resolutions shall be filed with the Metropolitan
Clerk, said original
to be retained in the office of the Metropolitan Clerk at all times subject
only to withdrawal for signature by the Mayor.
-11-
All ordinances and resolutions (except resolutions to amend the Capital Improvements Budget, as provided below) shall be filed in the Metropolitan Clerk’s Office not later than 4:00 p.m. on Tuesday, immediately preceding a regular meeting of the Council and not later than 11:00 a.m. of the third day, excluding Saturdays and Sundays, preceding the day of any other Council meeting.
All resolutions to amend the Capital Improvements Budget shall be filed in the Metropolitan Clerk’s Office not later than 11:00 a.m. on the second Friday preceding the regular meeting of the Council and not later than 11:00 a.m. of the tenth day, excluding Saturdays and Sundays, preceding the day of any other Council meeting. Upon the filing of such resolution to amend the Capital Improvements Budget, the Metropolitan Clerk shall promptly provide copies of said resolution to each member of the Council.
The Council may not consider, except by unanimous consent, any ordinance or resolution not filed in accordance with the two preceding paragraphs.
No late ordinance or resolution will be considered by the Council except on an emergency basis. Any sponsor of a late ordinance or resolution must state on the introduction thereof that an emergency exists and must further submit in writing the nature of the emergency.
-12-
The Metropolitan Clerk shall restrict all matters on the first meeting during each odd month to honoring resolutions, resolutions electing notaries public, zoning ordinances on public hearing, and ordinances on introduction and first reading provided the sponsor is present at the Council meeting and no objection to passage on first reading is made; the Clerk shall exclude ordinances on public hearing from any other Council meeting, except when required by law to be earlier held.
-13-
The agenda for each meeting shall be prepared by the Metropolitan Clerk and mailed to each member not less than two days, excluding Saturdays and Sundays, before the meeting at which it will be considered. For regular meetings the agenda is to be mailed not later than Friday prior to such meetings.
This agenda shall show on all planning and zoning and mandatory referral matters listed thereon the vote of the Planning Commission on its action on such matter and shall similarly indicate the vote of all other boards and commissions of their recommendations of such matters which were referred to such boards and commissions.
-14-
All ordinances must be referred to the appropriate committee by the Vice Mayor of the Council after first reading, and except for zoning matters, budget, revenue service charges or tax measures, no ordinance may be amended after second reading.
All resolutions shall be referred to the appropriate committee or committees of the Council by the Vice Mayor. The committee assignment shall be indicated on the Council agenda. No vote will be taken on any resolution until a committee has considered same.
The committee to which an ordinance or resolution has been referred shall make a report to the Council at the next regular meeting after its referral.
-15-
No resolution or ordinance involving the appropriation or expenditure of money, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk until the Director of Finance has furnished a statement as to the availability of funds.
-16-
No resolution or ordinance proposing to expend or appropriate funds or to authorize the borrowing of funds for capital improvement projects (including the issuance of bonds or notes), upon being filed, shall be placed upon the agenda by the Metropolitan Clerk unless and until said legislation shall list the projects to be funded and the estimated cost of each project.
-17-
No resolution or ordinance seeking the payment of a claim against the Metropolitan Government, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk until the Director of Law shall have filed with the Metropolitan Clerk a statement recommending the payment of the claim and written documentation of any disciplinary action taken against any employee of the Metropolitan Government involved in the subject matter of the claim; provided, however, in the event such statement is not filed within 30 days of the filing of such resolution or ordinance, the Director of Law shall be deemed to have recommended payment and such legislation shall be placed upon the agenda.
-18-
No resolution or ordinance approving or authorizing the execution of any contract, lease, agreement or other instrument, or authorizing the closure and/or abandonment of any street, alley or easement, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk unless said documents shall have been executed by all necessary parties including affected property owners for legislation closing and/or abandoning streets or alleys, excepting the signature of the Metropolitan Mayor and the Metropolitan Clerk. Further, said documents need not be executed by state, federal and railroad officials to be placed upon the agenda.
-19-
No resolution or ordinance required to be referred to the Metropolitan Planning Commission for a recommendation shall be filed with the Metropolitan Clerk unless evidence of submission to the Metropolitan Planning Commission is filed together with the legislation or the legislation has noted upon it the recommendation of the Metropolitan Planning Commission. No zoning ordinance shall be filed with the Metropolitan Clerk unless such proposed legislation is accompanied with evidence that all fees required pursuant to the Metropolitan Code have been paid.
-20-
Upon introduction of any zoning ordinance not accompanied by a recommendation of the Metropolitan Planning Commission, such ordinance shall be referred to the Planning Commission. The Metropolitan Clerk shall advertise such ordinance for public hearing and second reading; however, no action shall be taken by the Council on second reading and no public hearing shall be held by the Council until the recommendation of the Planning Commission has been submitted to the Metropolitan Clerk. Any property proposed to be rezoned shall be current in the payment of property taxes before the zone change can be passed by the Metropolitan Council on second reading. Any ordinance applying the Residential, Commercial, or Industrial Planned Unit Development District must have a recommendation from the Metropolitan Planning Commission before its introduction.
-21-
On any legislation pending before the Council on which a deferral or withdrawal is requested by the sponsor, the sponsor at the time of the request for such deferral or withdrawal will state to the Council the reason for such request and also the name or names of the party who requested the original legislation, and this information shall be spread on the minutes of the Metropolitan Council. In addition thereto on all ordinances involving street or alley closures, there shall be included in the body of the ordinance the name or names of the parties requesting the street or alley closure, the same information to be placed on the Metropolitan Council agenda.
There shall be included as a part of each zoning ordinance prepared the same information to be placed on the Metropolitan Council agenda, the name or names of the parties requesting the zone change, the name of each property owner whose property is included in the change identified by Map and Parcel Number as to owner, and the name of the optionee, if any. To the extent that any party is disclosed as a trustee or other fiduciary, including agents, all beneficiaries and principals must also be fully disclosed. Any party which is a business entity shall also disclose the name of the general partners, managing partners, or the chief executive officer.
-22-
All ordinances before the Council on second and third reading, except those
affecting the zoning of a particular property or properties, and resolutions
shall automatically be deferred indefinitely after they have been twice deferred.
Any member of the Council who has sponsored said legislation may at any time
inform the Clerk to replace the ordinance or resolution on the agenda for the
next Council meeting and upon receipt of said request the Clerk shall place
it on the agenda for the next meeting. If the ordinance or resolution is deferred
for any reason after being so replaced on the Council agenda at the next meeting,
then the ordinance or resolution shall be considered as withdrawn and the Clerk
will permanently remove it from the Council agenda. In order to receive further
consideration, the ordinance or resolution must be re-introduced. For the purposes
of this rule, a committee-requested deferral under Rule 23 shall not be counted
as a deferral.
Any ordinance or resolution which has been removed from the agenda, either
pursuant to this rule or because the sponsor has requested indefinite deferral,
shall be placed on the agenda only at the written or oral request of the
sponsor which shall be made to the Metropolitan Clerk by the Tuesday preceding
the Council meeting at which time the matter can be considered.
-23-
Any ordinance or resolution which receives a recommendation of deferral from any committee to which it is referred shall be deferred for one Council meeting; provided, however, that no ordinance or resolution shall be deferred more than one meeting pursuant to this rule.
-24-
All memorializing resolutions honoring individuals, groups or organizations upon being filed with the Clerk shall be heard by the Council on an honorarium docket on the first meeting of each odd month and referred to the Rules-Confirmations-Public Elections Committee for review and recommendation. All such honoring resolutions which are approved by a unanimous vote of such committee (by the members present at such meeting when a vote is taken), except for resolutions calling for a hand-lettered scroll, shall be heard by the Council as a consent matter and shall be voted upon by the Council together on one vote. Those resolutions calling for a hand-lettered scroll and honoring resolutions failing to receive a unanimous recommendation of the committee shall be acted upon individually by the Council.
All nonbinding resolutions that are approved by a unanimous vote of the committee(s) to which such resolution is referred shall be placed on a consent agenda to be heard as a consent matter and shall be voted upon by the Council together on one vote. Any such resolution shall be removed from the consent agenda upon the request of any member of Council.
-25-
Memorializing and congratulatory resolutions in typewritten form, with copies
to be certified and sent to the appropriate party or parties, are proper resolutions
to be considered and acted upon by the Metropolitan Clerk. However, resolutions
of such types calling for a hand-lettered scroll shall be considered by the
Council only if such resolution deals with the death, retirement or outstanding
accomplishment of an elected Metropolitan Government officeholder or an employee
of said government for outstanding public service and is recommended unanimously
by the Rules-Confirmations-Public Elections Committee. In the event the Metropolitan
Council desires to honor any citizen for outstanding service or accomplishment
through the adoption and issuance of a printed scroll then such resolution
may be considered and adopted provided such resolution has the unanimous
approval of the members of the Rules Committee and is then adopted by the unanimous
vote of the Metropolitan Council. Any such resolution failing to gain the unanimous
vote of the Rules Committee and/or the Council shall not be considered again
within a period of one year.
Memorializing and congratulatory resolutions shall not be presented on the first meeting of each odd month at which a public hearing is to be held regarding zoning bills.
-26-
The election of certain notaries public by the Metropolitan Council shall be accomplished by the introduction and passage of a resolution including the names of those persons to be elected as notaries public. The resolution shall include the person’s name, address and length of term for which he or she is to serve as a notary public. The resolution shall also contain a letter from the County Clerk certifying that each person to be elected meets all of the qualifications of the office of notary public. It shall not be required that the person or persons being elected appear before the Council or any committee thereof.
-27-
A resolution appropriating funds from the general fund reserve shall not be placed on the agenda for consideration, unless previously deferred, except for the second meeting occurring in each month. Any resolution appropriating funds from the general fund reserve shall be limited to one department only and shall not contain multiple appropriations.
No resolution or ordinance involving the appropriation or expenditure of funds may be considered by the Metropolitan Council if the department, agency or office benefiting from the appropriation or expenditure has failed for thirty or more days to respond to information requested by the Metropolitan Council or any committee of the Metropolitan Council.
-28-
Upon the consideration of any ordinance or resolution by the Council, the first person to be recognized by the Vice Mayor shall be one of its sponsors. The second shall be the chair or one spokesman of the committee to which the matter has been referred. No action may be taken on any ordinance or resolution (except ordinances on introduction and first reading) at any meeting of the Council or at any meeting of a committee of the Council to which such ordinance or resolution has been referred unless a sponsor is present or a sponsor has informed the Vice Mayor or chair of the committee, in writing, of the action that should be taken and of the member of Council designated to handle the matter in the sponsor’s absence.
-29-
A member shall speak no more than once on the same subject until all members have had an opportunity to speak on it, and for no more than five minutes, except that one sponsor of an ordinance or resolution and one spokesman of the committee to which the matter has been referred shall each have the right to speak eight minutes. The Metropolitan Clerk shall keep time in accordance with this Rule. A member of Council shall be entitled to yield his/her time to another member once. This restriction may be waived by a majority of the members present. During the course of any meeting, if a member of Council is referred to by name by any speaker, then such member, upon request, shall be recognized by the Chair immediately following the conclusion of the previous speaker for the purpose of raising a question of personal privilege.
-30-
The Mayor or an authorized representative shall have the privilege of the floor for the purpose of discussing matters under consideration by the Council.
-31-
Members of the public may address the Council by a majority vote of the Council members present. This restriction does not apply to zoning matters where all parties concerned shall be allowed to speak for three minutes each. The Metropolitan Clerk shall keep time in accordance with this Rule.
-32-
Neither a motion to table nor motion for the previous question may be made by the last member to speak on a measure, but such motion may be made only by a member who has obtained the floor for that sole purpose.
A motion to table may be debated only by the maker of the motion and by one proponent of the ordinance or resolution involved.
Provided, at any meeting wherein the operating budget for the ensuing fiscal year is being debated on third reading, a motion to table cannot be made until the proponents and opponents have been allocated at least fifteen minutes each of debate.
-33-
At any meeting wherein the operating budget for the ensuing fiscal year is being debated on third reading, the following provisions shall apply, any rule contained in these rules to the contrary notwithstanding:
No motion to amend the operating budget or a substitute operating budget ordinance may be entertained by the Council, unless such amendment or substitute budget has been submitted to the Budget and Finance Committee for a recommendation.
A second substitute budget ordinance may not be amended but must be acted upon as filed and presented.
A motion to table the budget ordinance or a substitute budget ordinance cannot be made until the proponents or opponents have been allowed at least fifteen minutes of debate. Provided however, when a motion is made to table any amendment proposed to the budget ordinance or substitute budget ordinance, the spokesperson for such amendment may divide a total of twelve minutes among other members speaking in support of the motion.
-34-
A motion to reconsider a vote of the Council on any ordinance or resolution can be entertained only on a final reading and an affirmative vote and then only when the following have been complied with:
(a) The maker of the motion to reconsider must have voted with
the prevailing side.
(b) The motion to reconsider must be made before the
next order of business.(c) Not less than four (4) members of the Council must second the motion,
and these four members need not have voted with the prevailing side.
Such motion, properly made and seconded, must be considered and finally acted on at the next regular meeting of the Council or at a special meeting called for that purpose.
No statement that a member is proposing to offer a motion to reconsider at a later meeting is to be entertained by the Council.
-35-
Any affirmative action of the Council may be rescinded by two-thirds (2/3) vote of the full membership of the Council (27 votes).
-36-
All legislation which directly or indirectly affects any Metropolitan Government Pension Plan shall be referred to the Metropolitan Employee Benefit Board for an actuarial study before the matter can be considered by the Metropolitan Council. The Metropolitan Employee Benefit Board shall have ninety (90) days from the date the legislation is referred to said Board to report to the Metropolitan Council. If no such report is received, the Council shall be entitled to consider the legislation.
-37-
The Chair shall call for a roll call vote when:
1. The Chair is unable to determine the outcome of a voice vote on an ordinance upon any reading.
2. There is any abstention or negative vote on a resolution or on an ordinance on third reading.
3. Five (5) members of Council request a roll call vote prior to a vote or immediately following a voice vote before the next order of business. The names of the five (5) or more members of Council requesting a roll call vote shall be spread in the Minutes of the Council Meeting at which the request is made.
A roll call vote is required on third reading for all zoning matters disapproved by the Planning Commission, on all matters affecting traffic control or use of streets disapproved by the Traffic and Parking Commission, and on all legislation vetoed by the Mayor.
-38-
The roll call vote shall be by voting machine, if possible.
-39-
The Director of Law or the Director of the Council Office (or their designee) shall attend the meetings of the Council to advise on matters of law.
-40-
All appointees to be confirmed by the Council shall be required to complete a questionnaire adopted by the Rules Committee, which completed questionnaire shall be filed with the Clerk and a copy of which shall be mailed by the Clerk to all members of Council. No action may be taken upon such appointee until and unless such completed questionnaires have been mailed to members of Council at least five days preceding any vote for confirmation.
The Mayor may withdraw for consideration any appointee submitted to the Council for confirmation and such withdrawal shall relate back to the original date of appointment the same as if such person had not been appointed; however, such withdrawal shall not act to enlarge upon the time permitted by the Mayor, under the relevant provisions of the Charter, to submit an appointee for confirmation. All appointments subject to election or confirmation by the Council shall be elected or confirmed by a majority of the entire membership of the Council (21 votes), except where other requirements are established by the Charter. Any appointee failing to receive the required vote of the Council shall be deemed to have been rejected.
A resolution proposing amendment or amendments to the Metropolitan Charter must receive an affirmative vote for adoption of not less than 2/3 of the membership to which the Council is entitled (27 votes), and further, any amendment to any such resolution, including Charter amendments, must also receive an affirmative vote of not less than 2/3 of the membership to which the Council is entitled (27 votes).
-41-
All elections conducted by the Council to elect members to the Metropolitan Planning Commission and the Traffic and Parking Commission or any other position to which a member of the Council must be elected shall be conducted as follows:
1. At the next regular meeting of the Council following a vacancy, the Vice Mayor shall call for nominations to fill said positions from the membership of the Council. No second shall be required to place the same in nomination. Any vacancy that is the result of a new term, including that of the president pro tempore, shall be announced by the Vice Mayor at the first regularly scheduled Council meeting of the term. Nominations shall be taken and the vote(s) shall be held at the next regularly scheduled Council meeting.
2. Upon the close of nominations voting shall begin. Voting shall be by open ballot and may be cast only for a person who has been properly nominated. Each vacant position to be filled by an election shall be voted upon separately. That person receiving the largest number of votes shall be elected provided a majority of the votes cast is received. If there are more than two candidates and no candidate receives a majority of the votes cast, the two candidates receiving the largest number of votes shall proceed to a runoff election. The Vice Mayor shall vote only in the case of a tie when there are two candidates.
3. Ballots shall be distributed to each member of Council who shall thereupon write or print their name, district, number or at-large notation and shall vote for the nominee of their choice who has been properly nominated. The ballots shall be collected by a teller designated by the Vice Mayor who shall thereupon deliver the ballots to the Clerk who shall read each Council member’s name and the candidate for which the member of Council voted into the record, which vote must be confirmed by the member of the Council. The final vote shall be tabulated and spread upon the minutes of the Metropolitan Council. Any ballot of a member of Council which does not comply with the provisions of this Rule 41 shall be void and not considered as a vote cast under the Rule.
-42-
Upon the expiration of the term of a member of the Industrial Development Board created pursuant to Tennessee Code Annotated 7-53-301, et seq., and of the Health and Educational Facilities Board created pursuant to Tennessee Code Annotated 48-1907, et seq., the following procedure shall be established for the selection of a successor:
1. The Vice Mayor shall by letter notify each member of the Council of the existence of a vacancy on said boards. At the next regularly scheduled Council meeting of the existence following a notification by the Vice Mayor, the Vice Mayor shall call for nominations from the membership of the Council to fill the vacancy on said board.
2. Those persons nominated shall be referred to the Rules-Confirmations-Public Elections Committee of the Council for recommendation. The Committee shall meet and determine the relative qualifications of the various candidates and report to the Council its recommendation at the next regularly-scheduled Council meeting following the meeting wherein the candidates were nominated.
3. Upon receiving the recommendation of the Rules-Confirmations-Public Elections Committee, the Metropolitan Council shall conduct an election to elect a person to the Industrial Development Board or to the Health and Educational Facilities Board. Any person nominated who fails to appear before the Rules Committee shall be deemed to have withdrawn their name for nomination. In the event of multiple vacancies, each person nominated and not elected on the election for the first vacant position shall be deemed nominated for such succeeding election for a vacant position being voted upon at such meeting. The election shall be conducted in the same manner as provided in Rule 41.
-43-
Procedure for selecting a successor to fill a vacancy in any office which by law is to be filled by the Metropolitan Council.
1. Upon the vacancy in the office of any elected official which may lawfully be filled by the Metropolitan Council, each member of the Council shall be notified of said vacancy by an announcement by the Vice Mayor at the next meeting of the Council. Such announcement shall be at least four weeks preceding the meeting at which a successor is to be elected. Upon the announcement of a judicial or court clerk vacancy, the Metropolitan Clerk shall immediately notify the Nashville Bar Association and Napier-Looby Bar Association of such vacancy, which notification may be by facsimile transmission.
2. The Council may select a successor at any special called meeting of the Council, provided the notice under paragraph 1 is satisfied.
3. Nominations. All members of the Metropolitan Council as well as members of the general public, including candidates themselves, may nominate a person to fill the vacancy in office. No second shall be required to place the name in nomination. All nominations shall be in writing, signed by the person making the nomination and filed with the Metropolitan Clerk not later than 4:00 p.m. on the day which is one week following the date of the notice of the vacancy, at which time nominations will be closed. Together with the written nomination, the person so nominated shall file with the Metropolitan Clerk a written statement setting forth their willingness to serve if elected, their complete name, their age, their place of residence, the length of time the person has lived in Davidson County, their resume and all other information
which may be required by law to ensure their eligibility to serve. The nominee shall also file an answer to a detailed questionnaire approved by the Rules-Confirmations-Public Elections Committee. Such questionnaire shall include, but not be limited to, educational, professional or occupational experience, public and professional experience, professional and personal conduct, whether the candidate is physically and mentally able to perform the essential duties of the position with or without reasonable accommodations, and if the candidate is an attorney, shall include a waiver of confidentiality as to disciplinary matters under the Tennessee Supreme Court Rule 9, Section 25. The Metropolitan Clerk shall forward copies of nomination documents to each member of Council.
4. All candidates for a position shall personally appear before the Rules-Confirmations-Public Elections Committee to be interviewed to ensure the candidate meets the required qualifications.
5. Judicial or Court Clerk Candidates. The Metropolitan Clerk shall forward the names of all persons nominated to fill a judicial or court clerk vacancy to the Nashville Bar Association and Napier-Looby Bar Association and request that a Candidate Evaluation Poll be taken from its membership. The results of the poll, including the total number of members and the members responding, shall be filed with the Metropolitan Clerk, who shall forward such results to the members of the Council. All candidates for a judicial or court clerk position shall personally appear before the Rules-Confirmations-Public Elections Committee, at its meeting at least two weeks prior to the Council meeting at which time the election will be held to fill the vacancy, to be interviewed to ensure the candidate meets the required qualifications.
6. Petitions from voters residing in the county may be presented to the Metropolitan Council by filing them with the Metropolitan Clerk in support of any candidate.
7. At the meeting for the Council when the selection is to be conducted, the Council member or other person having nominated a candidate may speak for no more than five minutes and may yield the floor to the candidate or other persons who wish to speak in support of the nomination. No more than five minutes total shall be given any one candidate for their presentation and the persons speaking in support of the candidate.
8. The election shall be conducted in the same manner as provided in Rule 41.
-44-
The following procedure shall be followed by the Metropolitan Council in order to recall or remove a member of a board or Commission of the Metropolitan Government as provided by the Charter:
1. A resolution shall be filed with the Clerk providing for the removal of a member of a board or commission, which resolution shall state the reasons or grounds for such removal. A copy of said resolution shall be forwarded by the Clerk to the member sought to be removed and such resolution shall be placed upon the regular agenda of the Council.2. Such resolution shall be deferred for one meeting and referred to the Rules-Confirmations-Public Elections Committee. The person sought to be removed may appear at such committee meeting, but shall not be compelled to appear before the committee. The committee shall make a recommendation to the Council but may not recommend a deferral of action on said resolution.
3. Any person sought to be removed from a board or commission, or their designated representative, may address the Council prior to a vote on the resolution removing them from the position. In the event a person sought to be removed resigns from such position, by submitting a written resignation to the Clerk prior to a vote on the resolution, no vote shall be taken on the resolution.
4. All votes on resolutions removing any person from a board or Commission of the Metropolitan Government shall be by voting machine.
-45-
All members of the Metropolitan Council who travel on Metropolitan Government business at its expense shall within 15 business days thereafter file with the Metropolitan Council Staff Office an itemized statement of the principal expenses incurred. No further expense advance or reimbursements will be made until full compliance with this rule has been effected.
-46-
The use of the Council Chamber is left to the discretion of the Vice Mayor regarding the following matters:
1. Meetings held inside the legislative area using the Council members’ desks.
2. When to allow the speaker system to be used by groups other than the Council.
3. When groups other than Council committees use the committee rooms and make rearrangements of the furniture, the Vice Mayor shall designate who is responsible for placing the room back in proper order.
Except as otherwise provided, no written materials, documents or other items may be distributed and/or placed upon Council members’ desks. Written materials, documents or other items may be distributed and/or placed upon Council members’ desks if:
1. They are signed by the individual requesting distribution and clearly shows said individual’s name, address, and telephone number; and
2. They have been delivered first to the Vice Mayor, Metro Clerk or Council Staff with a request for distribution; or
3. They bear the signature of the Member of Council requesting distribution.
Additionally, Council Staff may place upon members’ desks such mail as may be received that is addressed to such members.
All late-filed resolutions and ordinances, amendments to resolutions and ordinances, and motions to correct the minutes must be filed with the Metropolitan Clerk and copies distributed to all members prior to any action being taken upon such matters. The only other materials that may be placed upon members’ desks during a meeting are petitions for the discharging of proposed resolutions or ordinances from committee in accordance with Rule 14, or materials relating to zoning legislation before the Council at that meeting.
Further, the distribution of all such materials shall be under the direction of the Metropolitan Clerk.
-47-
No person except those persons who are permitted in the Council Chamber during a meeting of the Metropolitan Council under these rules may be in the Council Chamber at any time one hour prior to any meeting of the Metropolitan Council until the conclusion of that meeting. While the Metropolitan Council is in session, no person, except those persons who are permitted in the legislative area of the Council Chamber during a meeting as provided in these rules, may be present in the committee rooms, the restrooms or hallway between the committee rooms and the legislative area of the Council Chambers. No person, including the Vice Mayor or members of Council, shall use cellular telephones or similar communicative devices in the Council Chamber or in committee rooms during a session in those areas. Nothing in this rule shall prohibit persons designated by the Council as “Pages” from being permitted in the Council Chamber, committee rooms, and legislative area before and during meetings of the Metropolitan Council.
-48-
Rules for televising and radio broadcasting of meetings of the Metropolitan Council: All licensed commercial television and radio stations in The Metropolitan Government of Nashville and Davidson County shall be eligible to broadcast meetings of the Metropolitan Council subject to compliance with the following rules:
(a) Authority to broadcast or televise shall be obtained by applying in writing to the Rules-Confirmations-Public Elections Committee of the Metropolitan Council. No exclusive authority to broadcast shall be granted to any station or stations.
(b) Sufficient equipment shall be provided by the radio stations so as to ensure all Council members being heard from their respective seats. Neither personnel nor equipment shall interfere with the orderly procedure of the Council meetings.
(c) The nature of all commercial sponsorship shall be in keeping with a high degree of dignity of the Council. All sponsors shall be approved by the Rules-Confirmations-Public Elections Committee in advance of broadcasting.
(d) Each broadcast shall be of the complete proceedings.
-49-
Smoking and all other uses of tobacco shall be prohibited in the Council Chambers at all times.
-50-
None of the standing rules of order shall be amended or repealed except by affirmative votes of two-thirds of the members of the Council. No change in the permanent rules of the Metropolitan Council shall become effective until thirty (30) days after its passage. Before a proposed amendment to these rules may be considered by the Council, the Rules-Confirmations-Public Elections Committee shall have considered the proposed amendment and a written copy of the proposed amendment shall be distributed to all members of Council.
-51-
In the consideration of any particular matter, any or all of these rules may be suspended by the Council by unanimous consent of those members present. Should any member of Council object to the suspension of the rules, the Vice Mayor shall, upon request of the member seeking a suspension of the rules, verbally identify the name(s) of the member(s) objecting.
-52-
In the absence of the rule upon any subject not specifically provided for in these rules, the Metropolitan Council will be governed by Robert’s Revised Rules of Order.
- ELECTIONS AND CONFIRMATIONS -
Auditorium Commission
Appointment of Mr. Jeff Kellar to the Auditorium Commission for a term expiring
June 20, 2006. Without objection, the confirmation was deferred.
CATV Special Committee
Reappointment of Mr. Tim K. Garrett 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.
Civil Service Commission
Reappointment of Mr. Michael Allen to the Civil Service Commission for a term
expiring March 31, 2009. 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.
Community Access Television Corporation Board
Appointment of Ms. Terry Dorsey Fannin to the Community Access Television Corporation
Board for a term expiring October 10, 2004. Without objection, the confirmation
was withdrawn.
Emergency Communications District Board
Reappointment of Mr. Ron Filson to the Emergency Communications District Board
for a term expiring February 14, 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.
Planning Commission
Reappointment of Mr. James Lawson to the Planning Commission for a term expiring
March 31, 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.
Reappointment of Ms. Ann Nielson to the Planning Commission for a term expiring March 31, 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.
Plumbing Examiners and Appeals Board
Reappointment of Ms. Lynn Chumley to the Plumbing Examiners and Appeals Board
for a term expiring March 10, 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.
Sports Authority
Reappointment of Ms. Donna Hilley to the Sports Authority for a term expiring
February 17, 2010. Without objection, the confirmation was withdrawn.
Tourism and Convention Commission
Reappointment of Ms. Helen Walker to the Tourism and Convention Commission
for a term expiring June 20, 2006. 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.
Zoning Appeals Board
Reappointment of Mr. Dale Randels, Jr. to the Zoning Appeals Board for a term
expiring February 26, 2009. 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.
- CONSENT AGENDA RESOLUTIONS -
A resolution proclaiming the week of April 17th through April 24th as Week of the Young Child for 2004. The resolution was approved by the Health, Hospitals and Social Services Committee.
A resolution proclaiming the celebration day of the 150th Anniversary of the City of Goodlettsville as Monday, April 12, 2004. The resolution was approved by the Rules-Confirmations-Public Elections Committee.
A resolution requesting all departments of the Metropolitan Government to develop a plan of diversity to increase the number of minority employees, to increase the opportunities for promotion of minority employees within the Metropolitan Government, and to increase the opportunities for minorities to conduct business with and procure contracts to provide goods and services to the Metropolitan Government. The resolution was approved by the Budget and Finance Committee.
A resolution supporting HB 3289/SB 3242, currently pending in the Tennessee General Assembly, which would restore the practice of taxing pipelines, railroad structures, broadcast towers, and other such property affixed to or buried in the ground, as real property. The resolution was approved by the Budget and Finance Committee.
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to obtain an opinion from the Tennessee Attorney General as to whether the state law signature requirement for petitions for referendum or ballot initiatives renders the Metropolitan Government Charter signature requirement regarding petitions proposing Charter amendments ineffective. The resolution was approved by the Charter Revision Committee.
Upon motion duly seconded, the consent agenda resolutions were adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
- RESOLUTIONS -
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to allow the Metropolitan Board of Public Education to select and purchase textbooks and other instructional materials of their choice. The Education Committee recommended 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 the Metropolitan Board of Public Education to allow commercial advertising in school buses. The resolution was disapproved by the Education 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 Mayor and the Metropolitan Department of General Services to provide twenty-four hour parking for Members of Council at the parking lot adjacent to City Hall and in the parking garage beneath City Hall. The resolution was disapproved by the Traffic and Parking Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Tucker, Gilmore, Isabel, Craddock, Murray, Forkum, Ryman, Burch, White, Loring, Wallace, Walls, Whitmore, Crafton, Summers, Alexander, Wilhoite, Kerstetter, Williams, (19); “Noes” Dozier, Neighbors, Dread, Hughes, Cole, Hart, Gotto, Whitson, Shulman, Adkins, Foster, Tygard (12); “Abstaining” Briley, Jameson, McClendon, Greer, Hausser, Toler, Coleman, Bradley (8).
A resolution authorizing the Metropolitan Council to contract for financial consulting services to assist in the adoption of the operating budget for fiscal year 2004-05. The Budget and Finance Committee recommended deferment. Ms. Gilmore moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Mayor, the Metropolitan Department of General Services, the Metro Beautification and Environment Commission, the Davidson County Sheriff’s Office, the Juvenile Court and the State Trial Courts to coordinate efforts to clean up public property within the area of the Metropolitan Government. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee; the Parks, Library, Recreation and Public Entertainment Facility Committee recommended deferment. Mr. Wallace 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 Sheriff’s Office and the Metropolitan Department of Public Works to consolidate their brush collection and chipper services. The Public Works and Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Wallace moved to defer the resolution, upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Tennessee Regulatory Authority, to the extent possible, to take the action necessary to allow local telephone service subscribers to keep the same telephone number when they move their residence from one area of Davidson County to another. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Wallace moved to defer the resolution, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment. Mr. Wallace moved to defer the resolution indefinitely, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the reapplication for two amendments to the Official Zoning Map rezoning a portion of the property located at 7515 Old Charlotte Pike and making applicable to the property the provisions of a planned unit development, which amendments failed to receive twenty-one votes by the Council within the past year. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley (30); “Noes” Neighbors, Tygard (2).
A resolution calling upon the Regional Solid Waste Board to rescind all action taken at its May 13, 2003, meeting for failure to provide adequate public notice, and requesting the Metropolitan Department of Law to investigate the public notice methods used by Metropolitan boards and commissions and make recommendations to ensure that the public is provided with adequate notice of all board and commission meetings. The resolution was approved by the Public Works Committee. Mr. Briley moved to adopt the resolution, which motion was seconded. Mr. Dozier moved to defer the resolution, which motion was seconded. Mr. Isabel moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. The motion recurred on the motion to adopt the resolution, which motion was adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (31); “Noes” Dozier, Gotto (0).
A resolution accepting a grant from the United States Federal Highway Administration Transportation and Community and System Preservation Pilot Program to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Development and Housing Agency, for the Rolling Mill Hill Cumberland River Greenway Connection and Streetscape Improvements related to the revitalization of the Rolling Mill Hill site. The resolution was approved by the Federal Grants Review Committee. Mr. Jameson moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution authorizing the Metropolitan Mayor, or his designee, to enter into a Water Line Supplemental Agreement No. CSX-035898, with CSX Transportation, allowing the Department of Water and Sewerage Services to construct and maintain water lines in the railroad right-of-way located at the crossing of Antioch Pike, 3245 feet East from Railroad Milepost #3. Metro Project No. 98-WG-4B. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Alexander moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution authorizing Summit Medical Center to install, construct and maintain aerial fiber optic cables (Proposal No. 2004M-022G-14). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. White moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution approving an application for a grant from the Federal Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Fire Department, to upgrade the Department’s breathing apparatus. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Gilmore moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution approving an amendment to a grant agreement by and between the Meharry Medical College and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Health, under which the latter is to conduct research regarding Asthma Disparities in Cohorts at Risk for Morbidity, extending the duration thereof and providing for an additional grant in the amount of $18,992. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution accepting a grant from the United States Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $151,439 to maintain and strengthen a comprehensive air pollution program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of David Greer, Ethel Greer, Thomas David Greer and Tony Lane Greer against The Metropolitan Government of Nashville and Davidson County for the amount of $85,000 and directing that this amount be paid from the Self Insured Liability Account. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution authorizing the compromise and settlement of the lawsuit of Jerry Hensley and Sue Hensley as surviving next of kin of Jeffrey Hensley against The Metropolitan Government for the amount of sixty-two thousand five hundred dollars ($62,500) and directing that this amount be paid out of the Judgment and Losses Fund. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution accepting $5,034.43 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against Brent Hoorst. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution authorizing the compromise and settlement of the claims of Loretta
Laury and her husband Vincent Laury against The Metropolitan Government of
Nashville and Davidson County for the amount of $50,000 and directing that
this amount be paid from the Self-Insured Liability Fund. The resolution was
approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the
resolution, 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, Gotto, Burch, White,
Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson,
Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman,
Bradley, Williams, Tygard (39); “Noes” (0).
A resolution approving the compromise and settlement of the lawsuit of Mary A. Tackett against The Metropolitan Government for the amount of seven thousand five hundred dollars ($7,500) and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance naming the building on 3315 John Mallette Drive the “William F. Moynihan Center.” Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services Committee by a voice vote of the Council.
An ordinance authorizing the Metropolitan Mayor to enter into a wire line crossing agreement with CSX Transportation, Inc. allowing the Metropolitan Government Public Works Department to install metal strand wires over or across the tracks and property owned or controlled by CSX Transportation, Inc. located at Valuation Station 523+80, Milepost 00J-9.75, Nashville Terminal Subdivision, and authorizing approval of all future CSX Transportation, Inc. crossing agreements by resolution. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Pubic Works Committees by a voice vote of the Council.
An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2004M-032U-11). 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.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Shamrock Drive, from the west margin of Wildwood Valley Drive (Proposal No. 2004M-013G-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.
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 section of Old Harding Pike to Learning Lane, and to rename a section of an unnamed right-of-way “Old Harding Pike” between Collins Road and the unnamed right-of-way, and between Highway 100 and Old Harding Pike (Proposal No. 2004M-020G-06). The bill was approved by the Planning Commission and Emergency Communications District Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a section of McCrory Creek Road to “Couchville Pike” (Proposal No. 2004M-016U-13). The bill was approved by the Planning Commission and Emergency Communications District Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a section of Concord Park Road to “Concord Park E.” (Proposal No. 2004M-017U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Emergency Communications District Board, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by naming a currently unnamed roadway between McCrory Creek Road and Donelson Pike "Knapp Boulevard" (Proposal No. 2003M-085U-13). The bill was approved by the Planning Commission and ECD Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing an alley off of 10th Avenue North and Monroe (Proposal No. 2004M-014U-08). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley # 1928 and Alley # 1929, both unbuilt, located between Nolensville Road and Harrison Street (Proposal No. 2003M-122U-11). The bill was approved by the Planning Commission and ECD Board and disapproved by the Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing Pinnacle National Bank to construct, install, and maintain underground encroachments under the public right of way at Alley #382 (Proposal No. 2004M-012U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance 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). 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 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). 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 RS80 to CS district a portion of property at 7118 Charlotte Pike, approximately 1,100 feet south of River Road (7.3 acres), all of which is described herein (Proposal No. 2004Z-033G-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 R6 to CN district property located at 4305 Goins Road, approximately 300 feet east of Nolensville Pike, (0.22 acres), all of which is described herein (Proposal No. 2004Z-053U-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CA to MUG district properties at 2471 Pennington Bend Road and Pennington Bend Road (unnumbered), at the southwest corner of Music Valley Drive and Pennington Bend Road, (4.78 acres), all of which is described herein (Proposal No. 2004Z-044U-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 district to MUL district property at 2908 Elm Hill Pike, approximately 180 feet west of Hurt Drive (0.57 acres), all of which is described herein (Proposal No. 2004Z-028G-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 RS10 to MUL district property at 3746 Central Pike, at the west terminus of Chandler Road (1.28 acres ), all of which is described herein (Proposal No. 2004Z-029G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 to CL district a portion of property at Elm Hill Pike (unnumbered), approximately 325 feet west of McGavock Pike (0.05 acres), all of which is described herein (Proposal No. 2004Z-031U-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 R10 district to CS district property at 115 Benson Road, approximately 285 feet north of Old Lebanon Pike, (0.53 acres), all of which is described herein (Proposal No. 2004Z-020U-14). The bill was approved by the Planning Commission. Mr. White moved that the bill be deferred indefinitely, the bill being requested by John Harwell, 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 making applicable to property abutting the east margin of Benson Road north of Old Lebanon Pike, classified R10 and proposed for CS, (0.53 acres), the provisions of a Planned Unit Development District, to permit a paved 67 space parking area for the automobile dealership on an adjacent parcel of land (Proposal No. 2004P-007U-14). The bill was approved by the Planning Commission. Mr. White moved that the bill be deferred indefinitely, the bill being requested by Dale & Associates, 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 IWD and RS7.5 district to RM6 district property located at Edgemeade Boulevard (unnumbered), approximately 160 feet west of the western terminus of Aurora Avenue, (2.01 acres), all of which is more particularly described herein (Proposal No. 2003Z-109G-04). 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 and R15 to RS10 district properties at 4217 and 4219 Lone Oak Road, approximately 130 feet south of Westover Park Court (1.92 acres), all of which is described herein (Proposal No. 2004Z-038U-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 property abutting the west margin of Lone Oak Road south of Westover Court, classified R10 and R15 and proposed for RS10, (1.84 acres), the provisions of a Planned Unit Development District, to permit the development of 7 single family lots, (1.92 acres), all of which is more particularly described herein (Proposal No. 2004P-006U-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 canceling a portion of the Commercial Planned Unit Development located abutting the west margin of Sidco Drive at Elysian Fields Road, classified CL, (1.97 acres), approved for an 11,000 square foot retail store, all of which is more particularly described herein (Proposal No. 14-82-U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to CS district properties at Route 1 and 3786 Central Pike, at the southwest corner of Dodson Chapel Road and Central Pike intersection (2.96 acres), all of which is described herein, (Proposal No. 2004Z-036G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 to ORI district properties located at 613A and 641A Ermac Drive, east of Briley Parkway (0.80 acres), all of which is described herein (Proposal No. 2004Z-040U-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 SCC to MUL district properties at Murfreesboro Pike (unnumbered) at the corner of Murfreesboro Pike and Ransom Place, (6.03 acres), all of which is described herein (Proposal No. 2004Z-034U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 district a portion of property at Route 1 Cane Ridge Road, northeast of Old Hickory Boulevard (23 acres), all of which is described herein (Proposal No. 2004Z-041G-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 R40 district to CS district properties located at 5731 River Road, River Road (unnumbered) and Charlotte Pike (unnumbered), at the southwest corner of River Road and Charlotte Pike (6.87 acres), all of which is described herein (Proposal No. 2003Z-148G-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 canceling the Commercial Planned Unit Development for property abutting the north margin of Richards Road at Antioch Pike, classified CL, (3.92 acres), all of which is more particularly described herein (Proposal No. 71-71-U-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.
BILL NO. BL2004-219
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 Old Hickory Boulevard opposite Cloverland Drive, classified OR40, (8.27 acres), to permit the development of two 4 story buildings, each containing 72 condominium units, to replace 222 independent living unit and 48 assisted living units, all of which is described herein (Proposal No. 98P-007U-12). Mr. Toler offered a substitute ordinance and moved that it be accepted for filing, and no objection was made.
SUBSTITUTE BILL NO. BL2004-219
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 Planned Unit Development abutting the north margin of Old Hickory Boulevard opposite Cloverland Drive, classified OR40, (8.27 acres), to permit the development of two 4 story buildings, each containing 72 condominium units, to replace 222 independent living unit and 48 assisted living units, all of which is described herein (Proposal No. 98P-007U-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by including ponds/lakes as a special exception use in agricultural and residential zoning districts and as a permitted use in all other zoning districts, all of which is more particularly described herein (Proposal No. 2004Z-008T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, by amending Section 17.04.060 (Definition of general terms) and Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District), all of which is more particularly described herein (2004Z-006T). 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.
BILL NO. BL2004-222
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations,
by amending Section 17.28.040 by limiting housing development in floodplains
and floodways, all of which is more particularly described herein (Proposal
No. 2004Z-009T). Mr. White moved that the bill be withdrawn, which motion was
seconded and adopted by a voice vote of the Council.
BILL NO. BL2004-223
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.32.130 by expanding the area and permitted height of on-premises signs permitted in the commercial attraction district, all of which is more particularly described herein (Proposal No. 2004Z-010T). Mr. Loring offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2004-223
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.32.130 by expanding the area and permitted height of on-premises signs permitted in the commercial attraction district and by amending Section 17.32.050 to exempt signs within the commercial attraction district from the motionless graphic provision, all of which is more particularly described herein (Proposal No. 2004Z-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.
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that all modifications to planned unit developments more than four years old be submitted to the Council for approval and to require that all planned unit developments in existence for more than eight years in which a permit has not been issued be submitted to the Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T). 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 Chapter 16.04 of the Metropolitan Code of Laws to prohibit the issuance of a permit by the Department of Codes Administration until all necessary easements held by the Metropolitan Government have been abandoned. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance declaring a 120-day moratorium on the issuance of building and grading permits for property fronting West End Avenue from I-440 extending west to the terminus of the urban zoning overlay (UZO) district boundary. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
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-SG-128, Harding Place Extension 8” Sanitary Sewer/T.D.O.T. widening of Murfreesboro Pike (Proposal No. 2003M-126U-13). The bill was approved by Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Wilhoite moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 7.16.120 of the Metropolitan Code by changing residency requirements and stock ownership requirements for applicants for a certificate of compliance for a retail liquor license issued by the state alcoholic beverage commission. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Crafton moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2004-175
An ordinance amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.16.400, 16.20.250, 16.24.650, 16.28.110 and 16.28.120 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, and examination of plans as well as administrative fees and other fees charged by the Department of Codes Administration. The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 12.68 of the Metropolitan Code of Laws to prohibit the use of mobile telephones while operating a moving bus or van transporting children. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. 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 amending Article I of Chapter 6.52 of the Metropolitan Code of Laws to require that plumbers doing business within the area of the Metropolitan Government be licensed, to add additional provisions regarding apprenticeship programs, and to add penalty provisions and additional grounds for violations. The Budget and Finance and Codes, Fair and Farmers Market Committees recommend deferment. Ms. Gilmore moved to defer the bill on second reading, upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 5.16.060 of the Metropolitan Code by levying a One Dollar ($1.00) litigation tax on all cases in the general sessions and juvenile courts to provide funds for victim-offender mediation centers in the area of Metropolitan Government. The Budget and Finance Committee recommended deferment. Ms. Wilhoite offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite moved to defer the bill indefinitely, as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending the Metropolitan Employee Benefit System to provide a limited, one-time early retirement incentive to employees of the Metropolitan Government who otherwise qualify for retirement as of June 30, 2004. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees with two amendments. Mr. Kerstetter offered Amendments No. 1 and No. 2 and moved for their adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Briley offered Amendment No. 3 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Isabel moved for a suspension of the rules for consideration of Amendment No. 4 which had not been considered by a committee, and objection was made. Mr. Kerstetter moved to pass the bill on second reading with three amendments, which motion was seconded and adopted a voice vote of the Council.
An ordinance approving the Memorandum of Agreement between the Davidson County Community Service Agency and The Metropolitan Government of Nashville and Davidson County for funding of the administration of the Caring for Children Program and Amendment One thereto. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance readopting the code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before December 2, 2003. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 13.24.130 of the Metropolitan Code of Laws requiring the Board of Parks and Recreation to designate an area of Elmington Park as a “dog friendly zone. The Parks, Library, Recreation and Public Entertainment Facility Committee recommended deferment. Mr. Shulman moved to defer the bill for three meetings, which motion was seconded and adopted by a voice vote of the Council.
An ordinance requiring the Director of Finance to provide the Metropolitan Board of Public Education and the Metropolitan Council certain information regarding the operating budget for the Board of Public Education. The Budget and Finance and Education Committees recommended deferment. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to classify public roads in Davidson County, Tennessee. The bill was approved by the Public Works Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded. Ms. Williams moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2004-186 and BL2004-187 were considered together.
An ordinance authorizing the Metropolitan Government to enter into a Participation Agreement with CK Development, to provide public sewer service to Brookfield Estates Subdivision, Phase One & Three, Project No. 03-SL-163, in Williamson County.
An ordinance authorizing the Metropolitan Government to participate with John Ring, Tennessee Contractors, Inc., to provide public sewer service in Williamson County to Fountainbrooke Phase 4, Project No. 03-SL-196.
The Budget and Finance and Public Works Committees recommended deferment of
the bills. Mr. Wallace moved to
defer the bills on second reading, which motion was seconded and adopted by
a voice vote of the Council.
- BILLS ON THIRD READING -
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).
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 bills were disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Toler moved to defer the bills on third reading, the bills being requested by GBT Realty Corp., which motion was seconded and adopted by 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 AR2a district to RM6 district property located at Franklin Limestone Road (unnumbered), located abutting the south margin of Franklin Limestone and Mullins Road (40.18 acres), all of which is described herein (Proposal No. 2003Z-135U-13). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Alexander moved to defer the bill on third reading, the bill being requested by MEC Inc., 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 defer the bill on third 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. Summers moved to defer the bill to the second meeting in May, 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 and Planning, Zoning and Historical Committee. Mr. Tygard moved to defer the bill to the second meeting in May, the bill being requested by AGH Ventures, 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 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; the Planning, Zoning and Historical Committee recommended deferment. Mr. Isabel moved to defer the bill on third reading and re-refer it to the Planning Commission, the bill being requested by R. C. Calligan, 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 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 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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 district to 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 and Planning, Zoning and Historical Committee. Mr. Gotto, on behalf of the sponsor, 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
Without objection Bill Nos. BL2004-154 and BL2004-155 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 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).
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; the Planning, Zoning and Historical Committee recommended deferment. Ms. Wilhoite moved for a suspension of the rules to amend both bills, which motion was seconded and adopted without objection. Ms. Wilhoite offered Amendment No. 1 to Bill No. BL2004-154 and Amendment No. 1 to Bill No. BL2004-155 and moved for their adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite moved to pass the bills on third reading as amended, 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, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0); “Abstaining” McClendon (1).
SUBSTITUTE BILL NO. BL2004-156
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). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance approving and authorizing the Metropolitan Mayor to execute an Amended Agreement extending certain contracts between the City of Goodlettsville and the Metropolitan Government. The ordinance was approved by the Budget and Finance and Public Works Committees. Mr. Ryman 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance amending Section 13.40.040 of the Metropolitan Code of Laws to require that signs indicating the fee to be charged for parking be displayed at the entrance of parking lots and garages used for special event parking. The bill was approved by the Traffic and Parking Committee. Mr. Wallace 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance to abandon a sewer easement on Map 85-12-A, Parcel 40, Rivers Edge/Jackson Downs, Project No. 92-SL-102 (Proposal No. 99M-155U-14). The bill was approved by Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. White 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government for use in connection with development of the Richland Creek Greenway (Proposal No. 2004M-011U-07). The bill was approved by the Planning Commission, Parks, Library, Recreation and Public Entertainment Facility, and Planning, Zoning and Historical Committees. Mr. Summers 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, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of 50th Avenue North between Tennessee Avenue and Kentucky Avenue, approximately 322 feet in length (Proposal No. 2003M-065U-07). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Walls moved to defer the bill on third reading, which motion was seconded by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.
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