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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 Jim Gotto.
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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (40); Absent: Hughes (1).
- ELECTIONS AND CONFIRMATIONS -
Airport Authority
Appointment of Ms. Deborah McDermott to the Airport Authority for a term expiring
April 5, 2008, serving as the Business/Finance representative. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Ms. Neighbors moved for
confirmation, which motion was seconded and adopted by a unanimous vote of
the Council.
Convention Center Commission
Reappointment of Mr. Cyrus Booker to the Convention Center Commission for a
term expiring June 7, 2007. Without objection, the confirmation was deferred.
Electrical Examiners and Appeals Board
Reappointment of Mr. Lynn Cawthorne to the Electrical Examiner and Appeals
Board for a term expiring April 16, 2008, serving as the heating/air conditional
industry representative. The Rules-Confirmations-Public Elections Committee
recommended the reappointment and Ms. Neighbors moved for confirmation, which
motion was seconded and adopted by a unanimous vote of the Council.
Employee Benefit Board
Reappointment of Ms. Betsy Walkup to the Employee Benefit Board for a term
expiring June 30, 2007. The Rules-Confirmations-Public Elections Committee
recommended the reappointment and Ms. Neighbors moved for confirmation, which
motion was seconded and adopted by a unanimous vote of the Council.
Board of Equalization
Reappointment of Mr. Mark Deutschmann to the Board of Equalization for a term
expiring April 1, 2006, as the Urban Services District (USD) representative.
The Rules-Confirmations-Public Elections Committee recommended the reappointment
and Ms. Neighbors moved for confirmation, which motion was seconded and adopted
by a unanimous vote of the Council.
Reappointment of Dr. John Flanagan to the Board of Equalization for a term expiring April 1, 2006, as the General Services District (GSD) representative. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Neighbors moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Board of Parks and Recreation
Reappointment of Mr. Lamont Carter to the Board of Parks and Recreation for
a term expiring April 30, 2009. The Rules-Confirmations-Public Elections
Committee recommended the reappointment and Ms. McClendon moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Public Records Commission
Appointment of Councilman Chester Hughes to the Public Records Commission for
a term expiring August 31, 2007, as the Metropolitan Council representative.
Without objection, the confirmation was deferred.
Traffic and Parking Commission
Appointment of Ms. Debbie Frank to the Traffic and Parking Commission for a
term expiring April 3, 2009. The Rules-Confirmations-Public Elections Committee
recommended the appointment and Ms. Neighbors moved for confirmation, which
motion was seconded and adopted by a unanimous vote of the Council.
Transit Authority
Reappointment of Rev. Bill Barnes to the Transit Authority for a term expiring
June 1, 2009. The Rules-Confirmations-Public Elections Committee recommended
the reappointment and Ms. Neighbors moved for confirmation, which motion
was seconded and adopted by a unanimous vote of the Council.
- BILL ON PUBLIC HEARING -
An ordinance adopting the Capital Improvements Budget and Program 2004-2005 through 2009-2010 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2004-2005. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Gilmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading and re-refer it to the Budget and Finance and Planning, Zoning and Historical Committees, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution requesting the Mayor's Office and the Department of Public Works to determine if is it feasible and appropriate to place American Flags on the light posts that line the Victory Memorial Bridge. The resolution was approved by Public Works Committee.
A resolution supporting the members of the National Guard and Reserve. The resolution was approved by Rules-Confirmations-Public Elections Committee.
A resolution requesting the Metropolitan Social Services Commission and the
Metropolitan Action Commission to add the advertisement of the Tennessee Regulatory
Authority Link-up and Lifeline Telephone Assistance Programs and the Telecommunications
Devices Access Program to the list of programs available for low-income and
visual/speech impaired persons. The resolution was approved by Health, Hospitals
and Social Services Committee.
Upon motion duly seconded, the consent agenda resolutions were adopted by
the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley,
Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman,
Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls,
Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander,
Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
- RESOLUTIONS -
A resolution requesting the Metropolitan Planning Commission to cease holding public hearings regarding amendments to the Official Zoning Map before the Commission. The Planning, Zoning and Historical Committee recommended the resolution be deferred indefinitely at the request of the sponsor. Mr. Wallace moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Mayor’s Office and the departments and agencies of the Metropolitan Government to submit a plan to the Council regarding matters for which they are lobbying the Tennessee General Assembly, and to inform the Council as to action taken by the General Assembly in response to resolutions adopted by the Council requesting the General Assembly to take certain action. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Wallace requested suspension of the rules for consideration of the resolution, and objection was made by Ms. Hausser. The rules were not suspended and the resolution was deferred.
A resolution requesting the Mayor and the Nashville Sounds to examine the feasibility of constructing a baseball stadium and mixed-use retail and housing development in the MetroCenter area. The resolution was approved by the Parks, Library, Recreation and Entertainment Facility Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Tygard (27); “Noes” Neighbors, Briley, Dread, Jameson, Ryman, Greer, Coleman (7); “Abstaining” Cole, Hausser, Bradley (3).
A resolution appropriating Seven Thousand Five Hundred Dollars ($7,500) from the Unappropriated Fund Balance of the General Fund of the General Services District to fund an Economic Impact Study regarding Metropolitan Government employees living outside of Davidson County. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded. After discussion Mr. Crafton called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Gilmore, Craddock, Murray, Hart, Forkum, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Wilhoite, Toler, Bradley, Williams, (24); “Noes” Briley, Dread, Isabel, Jameson, Ryman, Shulman, Adkins, Foster, Alexander, Tygard (10);“Abstaining” Greer, Coleman (2).
A resolution requesting the Metropolitan Board of Public Education to provide an exception to the magnet school lottery system for children of magnet school teachers. The Education Committee recommended deferment. Ms. Wilhoite 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 Director of Finance to consider purchasing the Red Grooms Tennessee Fox Trot Carousel rather than expending $500,000 to relocate it. The resolution was approved by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded. After discussion, Mr. Crafton called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt the resolution, which motion was adopted by the following vote: “Ayes” Tucker, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Foster, Wilhoite, Coleman, Tygard (24); “Noes” Dozier, Neighbors, Shulman, Adkins, Williams (5); “Abstaining” Dread, Jameson, Greer, Hausser, Toler (5).
A resolution establishing a privilege tax on litigation to be used solely for jail construction and upgrades, and to be effective January 1, 2005. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Ms. Gilmore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2004-326
A resolution authorizing the execution, terms, issuance, sale and payment of general obligation multi-purpose improvement bonds in the aggregate principal amount of not to exceed $75,000,000 of The Metropolitan Government of Nashville and Davidson County (Tennessee) and amending Resolution No. RS2003-1496. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
RESOLUTION NO. RS2004-327
A resolution supplementing and amending certain resolutions of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government’s General Obligation Public Improvement Refunding Bonds, Series 2004. Ms. Gilmore moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2004-328
A resolution authorizing bond anticipation notes in an aggregate principal amount of not to exceed One Hundred Nine Million Seven Hundred Forty-One Thousand Two Hundred Ninety-Nine Dollars ($109,741,299) to be financed by the ad valorem levy on property in the General Services District and in an aggregate principal amount of not to exceed Thirty-Two Million Two Hundred Seventy-Four Thousand Seven Hundred Sixty-Two Dollars ($32,274,762) to be financed by the ad valorem levy on property in the Urban Services District of the Metropolitan Government of Nashville and Davidson County; making provision for the issuance, sale and payment of said notes, and authorizing the expenditure of proceeds thereof. The Budget and Finance Committee recommended deferment. Ms. Gilmore moved to defer the resolution to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the issuance of Capital Outlay Notes in an amount not to exceed Forty Million Two Hundred Seventy Nine Thousand Seven Hundred Dollars ($40,279,700) of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for twenty three capital projects as more fully described herein, and to declare the intent of The Metropolitan Government of Nashville and Davidson County to reimburse itself for certain expenditures with the proceeds of the General Services District Capital Outlay Notes. The Budget and Finance Committee recommended deferment. Ms. Gilmore moved to defer the resolution to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount not to exceed One Hundred Nine Million Seven Hundred Forty-One Thousand Two Hundred Ninety-Nine Dollars ($109,741,299) to be financed by the ad valorem levy on property in the general services district and in an aggregate principal amount of Thirty-Two Million Two Hundred Seventy-Four Thousand Seven Hundred Sixty-Two Dollars ($32,274,762 ) to be financed by the ad valorem levy on property in the urban services district. The Budget and Finance Committee recommended deferment. Ms. Gilmore moved to defer the resolution to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving an application to the Tennessee Commission on Children and Youth for state supplement juvenile court improvement funds. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution approving an Intergovernmental Agreement between the Hospital Authority and the Metropolitan Government transferring funds in an amount not to exceed Sixteen Million Nine Hundred Eighty-Nine Thousand Four Hundred Ninety-Two Dollars ($16,989,492) through June 30, 2004, to facilitate receipt of funding from the State of Tennessee, and appropriation said funds, for the purposes of making a loan to the Metropolitan Hospital Authority. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution approving an agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Health, and Meharry Medical College School of Dentistry for the provision of dental services to patients of the Downtown Clinic. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution accepting a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, Police Department, in an amount not to exceed $56,285.44, to purchase equipment to be used for law enforcement and investigation purposes. Mr. Dread moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution accepting a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County, Nashville Career Advancement Center, in an amount not to exceed $120,695.23, to prepare adult, youth, and dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution accepting a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County, Nashville Career Advancement Center, in an amount not to exceed $1,086,257.05, to prepare youth for re-entry into the labor force and offer training to those facing serious barriers to productive employment. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution accepting a grant from the State of Tennessee Department of Human Services to The Metropolitan Government of Nashville and Davidson County, Nashville Career Advancement Center, in an amount not to exceed $1,053,157.50, to provide services to Families First participants to lead to employment, career advancement, and economic self-sufficiency. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution accepting $7,579.55 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against Mental Health Cooperative. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,090 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee for the sewer line at M.P.1.14 Nashville, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,572, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee for the sewer line at M.P.1.14 Nashville, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 6207 with the State of Tennessee, Department of Transportation, for water and sewer distribution and collection system relocations, as part of State Project No. BRZE-1900 (18), 19107-2503-94 Knight Rd. over Whites Creek LM 2.95 and over Earthman Fort Creek LM 3.1 in Davidson County, and Metro Project No. 02-WG-109, and authorizing an agreement with the Treasury Department of the State of Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
- ANNOUNCEMENTS AND EXTRAORDINARY MATTERS -
Mr. Wallace moved that there be a re-scheduling of budget hearings to eliminate the hearings of certain departments, which motion was seconded. After discussion Mr. Crafton called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion of Mr. Wallace, which motion was adopted by the following vote: “Ayes” Isabel, Craddock, Murray, Hart, Forkum, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (24); “Noes” Dozier, Neighbors, Briley, Dread, Jameson, Cole, Ryman, Shulman, Adkins, Foster (10);”Abstaining” Tucker, Gilmore, Bradley (3).
- BILLS ON INTRODUCTION AND FIRST READING -
A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for fiscal year 2005. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance establishing the tax levy in the General Services District for the fiscal year 2004-2005, and declaring the amount required for the annual operation budget of the Urban Services District, pursuant to Section 6.07 of the Metropolitan Charter. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance amending Chapter 10.60 of the Metropolitan Code of Laws, Burglar and Fire Alarm Systems, to reduce the number of false alarms granted per fiscal permit year and to increase the fine for noncompliance with the requirements of Chapter 10.60. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance amending Chapter 11.26 of the Metropolitan Code of Laws to make it unlawful to sell graffiti implements to persons under the age of eighteen years. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance amending section 13.20.030 of the Metropolitan Code of Laws pertaining to obstructions, excavations, right-of-way closures, and meter occupancies. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.
An ordinance to amend the Metropolitan Code of Laws to prohibit the maintenance of high grass and weeds. 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 approving increases in traffic school fees and fees for processing and review of zoning applications, all to be effective January 1, 2005. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Mayor’s Office of Children and Youth to accept cash donations to help underwrite the costs of the annual Mayor’s Summit on Children and Youth, and authorizing the appropriation of those funds for that purpose. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance authorizing the Mayor’s Office of Neighborhoods to accept cash and in-kind donations for the Spring Into Health Festival, so appropriating in-kind donations, and appropriating sponsorship money that has been received into the general fund for the purpose of underwriting the costs of the Spring Into Health Festival. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.
An ordinance approving an amendment to the contract by and between The Metropolitan Government of Nashville and Davidson County and Book Publishing Company to correct the name of the contractor. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Tennessee Contractors, Inc. to provide public sewer service in Williamson County to Fountainbrooke Phase 5, Project No. 04-SL-76. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance abandoning and relocating a portion of a 6” water line and 40’ Public Utility Easement upon installation and acceptance of proposed relocation. Metropolitan Government agrees to abandon the existing water line and easement on Map 105-02, Parcel 442, of Project No. 01-WL-103, Cherry St. (S.I.R. Studio Instrument Rental) Abandonment and Relocation (Proposal No. 2004M-018U-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 OR20 district to MUL district property located at 4103 Hillsboro Circle, 332 feet north of Hobbs Road, (0.17 acres), all of which is described herein (Proposal No. 2004Z-023U-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 applying a preliminary Planned Unit Development on property at 4103 Hillsboro Circle, abutting the west margin of Hillsboro Circle, 332 feet north of Hobbs Road, classified OR20 and proposed for MUL, (.17 acres), the provisions of a Planned Unit Development District, to permit all uses permitted in the MUL zoning district with the exceptions of restaurants or bars and night clubs (Proposal No. 2004P-005U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to IR district property at Firestone Parkway (unnumbered), along the south side of Firestone Parkway and the west side of Gould Boulevard, all of which is described herein (Proposal No. 2004Z-080G-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 to RS7.5 district properties located between 31st Avenue to Acklen Avenue, (36.31 acres), all of which is described herein (Proposal No. 2004Z-075U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 district at various properties within Council District 5, west of Dickerson Road and west of Gallatin Pike (260.75 acres), all of which is described herein (Proposal No. 2004Z-078U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 properties located at Route 1 Old Hickory Boulevard (unnumbered), north of Whittemore Lane and south of Legacy Drive (34.08 acres), all of which is described herein (Proposal No. 2004Z-045G-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 R10 to RS10 district various properties located between Warfield Drive and Temple Avenue and between Lone Oak Road and Belmont Park Terrace, (17.48 acres), all of which is described herein (Proposal No. 2004Z-027U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 district, various parcels located along Treutlan, Berry, Grace, Hancock, Arrington, Wilburn, and Cleveland Streets, and between North 2nd Street and North 6th Street, (100.28 acres), all of which is described herein, (Proposal No. 2004Z-043U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 district various properties located between Frances Avenue and Glenwood Avenue and between Parkview Circle and Hillcrest Avenue, (19.13 acres), all of which is described herein (Proposal No. 2004Z-026U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Neighborhood Conservation Overlay District to various properties between Douglas and Sharpe Avenue, (25.19 acres), all of which is described herein (Proposal No. 2004Z-060U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to R15 district property at 3200 Earhart Road, at the northwest corner of Earhart Road and John Hager Road, (117.92 acres), all of which is described herein (Proposal No. 2004Z-046G-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 making applicable to property at 3200 Earhart Road, abutting the west side of Earhart Road and the north side of John Hager Road (117.92 acres), classified AR2a and proposed for R15, the provisions of a Planned Unit Development District, to permit the development of 192 single-family detached lots and 98 duplex lots (Proposal No. 2004P-009G-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 applying the Historic Landmark Overlay District to the West End Middle School at 3529 West End Avenue (12.70 acres), Hume Fogg Magnet School at 700 Broadway (1.95 acres), Martin Luther King, Jr. Magnet School at 613-17th Avenue North (6.82 acres), and East Literature Magnet School at 112 Gallatin Avenue (24.92 acres), all of which is described herein (Proposal Nos. 2004Z-062U-10, 2004Z-071U-09, 2004Z-072U-08, and 2004Z-073U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to SCC (30.15 acres), RM9 (28.94 acres), and R15 (16.2 acres) districts property at 6682 Nolensville Pike, approximately 700 feet north of Pettus Road, (75.29 acres total), all of which is described herein (Proposal No. 2004Z-057G-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 making applicable to property abutting the north side of Nolensville Pike, opposite Concord Road (75.29 acres), the provisions of a Planned Unit Development District, to permit 45 single-family lots, 248 townhomes, and 236,851 square feet of retail, restaurant, and gas station uses, (Proposal No. 2004P-013G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 district to CS district property located at 4005 Dodson Chapel Road, north of Central Pike, along the east side of Dodson Chapel Road (0.50 acres), all of which is described herein (Proposal No. 2004Z-050G-14). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to MUL district property at 230 West Trinity Lane, west of I-65 (8.26 acres), all of which is described herein (Proposal No. 2004Z-048U-03). 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 RM9 district to AR2a district property at 625 Bell Road, approximately 600 feet west of Rice Road, (15.0 acres), all of which is described herein (Proposal No. 2004Z-064U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS15 District property at 5961 and 5975 Mt. Pisgah Road, abutting the southern terminus of Christiansted Lane (10.3 acres), all of which is described herein (Proposal No. 2002Z-085G-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 canceling an undeveloped portion of a Residential Planned Unit Development District approved for 130 multi-family units, located near the west side of Tulip Grove Road, north of Central Pike, classified RM15, (23.95 acres), all of which is described herein(Proposal No. 154-73-G-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 various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, relative to adding a new land use “Public Facility” (2004Z-014T), all of which is more particularly described herein. 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 Chapter 17.20 relative to the Provision of Sidewalks (Proposal No. 2004Z-015T), all of which is more particularly described herein. 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, the Zoning Code, of the Metropolitan Code of Laws of the Metropolitan Government of Nashville and Davidson County, by amending Section 17.12.020 District Bulk Tables, Proposal No. 2004Z-013T, all of which is more particularly described herein. 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.
Without objection, the rules were suspended for consideration of three (3) late bills.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property at 203 North 11th Street, abutting the east margin of North 11th Street, 50 feet north of Forrest Avenue, classified MUL, (.20 acres), the provisions of a Planned Unit Development District, to permit an existing restaurant an exemption from the minimum distance requirement included in the beer provisions of the Metro Code (Proposal No. 2004P-008U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RM6 district property located at 2621 Airwood Drive, west of the terminus of Airwood Drive, south of Woodberry Drive (8.66 acres), all of which is described herein (Proposal No. 2004Z-070U-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 amending the preliminary plan for a portion of the Planned Unit Development located abutting the west margin of Hibbitts Road and the terminus of Airwood Drive, (8.66 acres), to permit the development of 42 townhouse units, replacing the undeveloped 98 townhouse units, all of which is more particularly described herein, (Proposal No. 148-83-U-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.
- BILLS ON SECOND READING -
An ordinance amending Section 12.72.080 of the Metropolitan Code of Laws regarding the storage and removal requirements of stolen motor vehicles. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Wallace moved to defer the bill indefinitely on second reading, 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. Mr. Briley moved to defer the bill on second reading, 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 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, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2004-221
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). The bill was approved by the Planning Commission. Mr. Loring offered a substitute ordinance and moved that it be accepted for filing, which motion was seconded. After discussion Mr. Cole called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The substitute bill was accepted without objection.
SUBSTUTITE BILL NO. BL2004-221
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). The substitute bill was approved by the Planning, Zoning and Historical Committee. Mr. Loring moved to pass the substitute bill on second reading, which motion was seconded. Mr. Whitmore moved to defer the bill for two meetings, which motion was seconded. Mr. Whitson moved to table the motion to defer, which motion was seconded and adopted by a voice vote of the Council. After discussion 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 pass the bill on second reading, which motion was adopted 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. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Summers offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Summers moved to pass the bill on second reading as amended, which motion was seconded Ms. Williams moved to defer the bill, which motion was subsequently withdrawn. After discussion Mr. Crafton called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass the bill on second reading as amended, which motion was adopted by a voice vote of the Council.
An ordinance amending Chapter 13.20 of the Metropolitan Code of Laws to require all persons engaged in excavation or paving work within the right-of-way of the Metropolitan Government to post two warning signs, one stating “Slow Down, My Daddy Works Here”, and one stating “Slow Down, My Mommy Works Here.” The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Isabel moved to pass the bill on second reading, which motion was seconded. Ms. Wilhoite offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. After discussion Mr. Foster called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass the bill on second reading as amended, which motion failed by a voice vote of the Council.
An ordinance amending Chapter 13.20 of the Metropolitan Code of Laws to require all persons engaged in excavation, sidewalk construction or paving work within the right-of-way of the Metropolitan Government to post a sign indicating the expected commencement and completion dates of the project. The Public Works Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 16.04.200 of the Metropolitan Code of Laws regarding the types of permissible materials that may be used in the construction of fences. The Codes, Fair and Farmers Market Committee recommended deferment. Ms. McClendon moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2004-245
An ordinance amending the Metropolitan Code of Laws to provide public notification requirements for meetings of boards and commissions of the Metropolitan Government. The Rules-Confirmations-Public Elections Committee recommended deferment. Ms. Gilmore moved to defer the bill on second reading to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the expansion of the Hume Fogg Magnet School, for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2004M-028U-09). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice of the Council.
An ordinance authorizing the Metropolitan Government of Nashville and Davidson County to enter into a Lease Agreement with the State of Tennessee for certain real property in Joelton, Tennessee (Proposal No. 2004M-042G-01). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Entertainment Facility, and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice of the Council.
An ordinance authorizing the placement of automatic teller machines (ATM's) in the North Nashville Police Precinct, Hermitage Police Precinct and South Police Precinct (Proposal No 2004M-040U). The bill was approved by the Planning Commission, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees; the Budget and Finance Committee approved the bill with an amendment. Mr. Isabel offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Isabel moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice of the Council.
An ordinance authorizing the Metropolitan Government to enter into an Encroachment Agreement with Colonial Pipeline Company required to construct the Omohundro 48” water main, Project No. 03-WG-153. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice of the Council.
An ordinance authorizing the Metropolitan Government, Water and Sewerage Services Department, to participate with B.I.G. Development, Inc., in lining the sewer along 1409 Fatherland Street, Project No. 04-SX-62 and to accept the funds received thereby, and authorizing the Director of Water and Sewerage Services to execute the participation agreement. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice of the Council.
An ordinance to accept funds from Skyline Medical Center for an appraisal of the Old Due West Landfill located at 801 Old Due West Avenue. The bill was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice of the Council.
An ordinance authorizing the Metropolitan Government to participate with Tennessee Contractors, Inc. to provide public sewer service in Williamson County to Fountainbrooke Phase 2, Project No. 02-SL-40. The bill was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice of the Council.
An ordinance amending Section 2.104.070 of the Metropolitan Code of Laws to require that all individuals and firms engaged in tree care and removal activities obtain a permit from the urban forester before engaging in such activities on either public or private property. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Wallace moved to defer the bill to the second meeting in July while discussions with various departments continue, which motion was seconded. After discussion Ms. Wilhoite 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 defer, which motion was adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning surplus right-of-way along the north side of River Road from Overall Creek to 1,000 feet east (.92 acres) (Proposal No. 2004M-044G-06). The bill referred to the Planning Commission and the Traffic and Parking Commission. The bill was approved by the Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Mr. Tygard requested suspension of the rules for consideration of the bill; no objection was made and the rules were suspended. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance making applicable to Metropolitan Government the provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated to require local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities. The bill was approved by the Public Works Committee. Ms. Gilmore moved to defer the bill indefinitely, 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 on third reading, the bill being requested by AGH Ventures, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2004-178
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 bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
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). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 Shamrock Drive, from the west margin of Wildwood Valley Drive (Proposal No. 2004M-013G-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Ms. Williams 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 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, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Tygard 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 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). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. White moved to pass the bill on third reading which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (33); “Noes” Cole (1); “Abstaining” Tucker, Jameson, Greer, Adkins, Williams (5).
Without objection Bill Nos. BL2004-210 and BL2004-211 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 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 and Planning, Zoning and Historical Committee.
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 and Planning, Zoning and Historical Committee.
Mr. Shulman moved to defer the bills on third reading while an amendment on buffering is discussed, the bills being requested by Alldredge Kirby Development LLC and Wamble & Associates, respectively, 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 RS10 to MUL 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). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. White offered Amendment No. 1 moved for its adoption, which motion was seconded. After discussion, Mr. Tygard called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to amend, which motion was adopted by a voice vote of the Council. Mr. White moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Foster, Alexander, Kerstetter, Toler, Coleman, Bradley, Tygard (29); “Noes” Tucker, Cole (2); “Abstaining” Neighbors, Jameson, Greer, Summers, Shulman, Adkins, Wilhoite, Williams (8).
An ordinance authorizing the Metropolitan Government to collect payments in lieu of ad valorem taxes from owners of properties required to make such payments pursuant to Tennessee Code Annotated 67-5-207; approving the formula for calculating such payments; and authorizing the Metropolitan Government to enter into the necessary agreements to collect such payments. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance approving an amendment to the contract between The Metropolitan Government Of Nashville and Davidson County and the State of Tennessee Department of Correction and State Funding Board. The bill was approved by the Budget and Finance Committee. Mr. Dread 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance readopting the code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before February 3, 2004. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance authorizing the Metropolitan Government to participate with Copperstone Development to provide public sewer service in Williamson County to The Woodlands at Copperstone Section 2 Subdivision Project No. 04-SL-29. The bill was approved by the Budget and Finance and Public Works Committees. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance approving an agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County, for the Richland Creek Feasibility Study Flood Damage Reduction. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Whitson 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance abandoning a 6” water line and easement that will be replaced by a private 6”water line, that is shown on Map 117-03, Parcel 32, of Project No. 04-WG-033, The Enclave at Hillsboro Village, (Proposal No. 2004M-021U-10) and authorizing the execution of the documents to carry out the abandonment. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the abandonment of the existing 8” sanitary sewer line and easement located on Map 72-3, Parcel 175 of Project No. 03-SG-193, 3518 Gallatin Pike (Proposal No. 2003M-128U-05), by the Metropolitan government. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hart 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
An ordinance authorizing the acceptance of a donation of certain property (Tax Map 134, Parcel 63) to The Metropolitan Government of Nashville and Davidson County, Tennessee, for the use and benefit of the Department of Parks and Recreation (Proposal No. 2004M-041U-12). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Entertainment Facility, and Planning, Zoning and Historical Committees. Mr. Adkins 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).
BILL NO. BL2004-242
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 Whites Creek greenway (Proposal
No. 2004M-030U-03), and authorizing the Director of Parks and Recreation
to execute
dedication agreements for the same. The bill was approved by the Planning
Commission, Budget and Finance, Parks, Library, Recreation and Entertainment
Facility,
and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass
bill on third reading, which motion was seconded and adopted by the following
vote: “Ayes” Dozier,
Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson,
Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer,
Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins,
Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams,
Tygard (39); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.