 |
Minutes
Metropolitan Council Meeting
|
|
Minutes
Metropolitan Council Meeting
|
The Metropolitan Council met in regular session on this date at 7:00 p.m. in Metro City Hall.
The invocation was offered by Mr. John Lavender of Cornerstone Church.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The Minutes of the meeting of January 18, 2005, were approved.
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, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (39); Absent: Walls (1).
- ELECTIONS AND CONFIRMATIONS -
Charter
Revision Commission
Appointment of Mr. Kent Syverud for a term expiring September 4, 2005, Mr. Syverud
will fill the unexpired term of Father Joseph Sanches. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Coleman moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Plumbing
Examiners and Appeals Board
Appointment of Mr. Andrew B. Ward for a term expiring February 15, 2007, Mr.
Ward will fill the unexpired term of Mr. Ron Hasty. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Coleman moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Municipal
Solid Waste Region Board
Reappointment of Dr. Decatur Rogers for a term expiring December 15, 2010. The
Rules-Confirmations-Public Elections Committee recommended the reappointment
and Mr. Coleman moved for confirmation, which motion was seconded and adopted
by a unanimous vote of the Council.
President Pro Tempore Dozier assumed the chair at this time.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
The following proposed amendment to Rule No. 1 of the Rules of Procedure of the Metropolitan Council was deferred:
By placing "Memorializing
resolutions" prior to "Announcements and extraordinary matters"
in the regular
order of business, so that the last three items in the regular order of business
are as follows:
13. Memorializing
non-binding resolutions
14. Announcements and extraordinary matters
15. Adjournment
- BILL ON PUBLIC HEARING -
An ordinance approving Amendment No. 2 to the Five Points Redevelopment Plan. The bill was approved by the Planning Commission, Federal Grants Review and Planning, Zoning and Historical Committees. Mr. Jameson 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 a citizen was heard in favor of the bill. The President declared the public hearing closed. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- RESOLUTIONS -
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment. Mr. Briley moved to defer the resolution indefinitely, 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 deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving a grant from the State of Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County for the Davidson County Community Corrections Program. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution approving an application for a Fast Track Infrastructure Development Program grant from the Tennessee Department of Economic and Community Development to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution approving an agreement with the Louisiana Pacific Corporation regarding implementation and funding of a Fast Track Infrastructure Development Program grant. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution ratifying an agreement with the City of Belle Meade for the distribution of streets and roads funds for the fiscal year 2004/2005. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution ratifying an agreement with the City of Forest Hills for the distribution of streets and roads funds for the fiscal year 2004/2005. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution approving the property at 1200 Riverside Road to be used for a historic bed and breakfast homestay. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Brown moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution accepting $9,221.24 in compromise and settlement of the Metropolitan Government of Nashville and Davidson County's property damage claim against Lara Aniceto. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance approving a parking agreement between the Metropolitan Government and Stahlman Redevelopment Partners, LLC, for the use of up to 175 parking spaces for a fee in the new courthouse parking garage currently under construction (Proposal No. 2005M-021U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance approving an agreement with the Tennessee Performing Arts Center Management Corporation regarding the survey, design, and construction of sidewalks on Deaderick Street. 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 amending Section 3.08.110 of the Metropolitan Code of Laws. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.
An ordinance amending Section 11.28.080 of the Metropolitan Code of Laws to make the prohibition on loitering during school hours applicable to students that have been suspended or expelled from school. Upon motion duly seconded, the bill passed first reading and was referred to the Education and Public Safety-Beer and Regulated Beverages Committees 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 November 16, 2004. 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 to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing an unbuilt 63-foot portion of Alley #618, located south of Map 092-08, Parcels 138 and 139, near the intersection of Jo Johnston Avenue and Fisk Street (Proposal No. 2004M-081U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking, 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 R20 to RS20 district various properties along Vailwood Drive and Skyline Drive, (31.42 acres), all of which is described herein (Proposal No. 2005Z-028U-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 R10 to RM9 district properties at 7301 Sonya Dr. and Sonya Dr. (unnumbered), east of Old Hickory Boulevard (13.32 acres), all of which is described herein (Proposal No. 2004Z-144G-06). The bill was approved by the Planning Commission. Mr. Whitson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Upon motion duly seconded, the bill passed first reading as amended and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R80 to RM4 district properties at River Road (unnumbered) and 5820 River Road, west of Charlotte Pike, (57.42 acres), all of which is described herein (Proposal No. 2004Z-160G-06). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to RM9 district property located at 1224 Rural Hill Road, approximately 350 feet south of Bridgecrest Drive (0.75 acres), all of which is described herein (Proposal No. 2004Z-159U-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 R10 to CS district property at 2368 Gallatin Pike North east of Liberty Lane (1.14 acres), all of which is described herein (Proposal No. 2005Z-029U-04). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to CS district a portion of property located at 2940 Old Hickory Boulevard, approximately 850 feet south of Highway 70 South ,(1.44 acres), all of which is described herein (Proposal No. 2005Z-011G-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.
BILL NO. BL2005-540
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS10 district property located at 818 and 840 Old Lebanon Dirt Road and 6340 and 6344 North New Hope Road, on the west side of North New Hope Road, (13.2 acres), all of which is described herein (Proposal No. 2004Z-001G-14). Mr. Gotto offered a substitute ordinance and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE BILL NO. BL2005-540
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 located at 818 and 840 Old Lebanon Dirt Road and 6340 and 6344 North New Hope Road, on the west side of North New Hope Road, (13.2 acres), all of which is described herein (Proposal No. 2004Z-001G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to RM40 district property located at 112 Harding Place, approximately 360 feet east of Harding Pike, (0.83 acres), all of which is described herein (Proposal No. 2005Z-012U-07). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development district located at 112 Harding Place, east of Harding Pike, to permit 14 condominium units, all of which is described herein (Proposal No. 2005P-005U-07). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL (0.42 acres) and OL (5.9 acres) to RM9 district property located at Route 5 Highway 100 south of Collins Drive, (6.32 acres), all of which is described herein (Proposal No. 2005Z-010G-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 MUN district property at located at 1521 Russell Street, on the northwest corner of Russell Street and South 16th Street, (0.16 acres), all of which is described herein (Proposal No. 2005Z-014U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD to CS district property located at 2200 Metrocenter Boulevard at the intersection of Metrocenter Boulevard and Athens Way, (20.88 acres), all of which is described herein (Proposal No. 2005Z-005U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of a Residential Planned Unit Development located at 4130 Hamilton Church Road, abutting the north margin of Hamilton Church Road east of Murfreesboro Pike, (8.45 acres), to cancel a portion of the plan approved for 116 multi-family units, all of which is described herein (Proposal No. 23-85-P-13). The bill was disapproved by the Planning Commission. Ms. Wilhoite moved to pass the bill on first reading, which motion was seconded and failed by the following vote: "Ayes" Tucker, Isabel, Burch, Loring, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Alexander, Wilhoite, Kerstetter, Coleman, Williams, (15); "Noes" Neighbors, Briley, Dread, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Crafton, Whitson, Foster, Toler, Tygard (18); "Abstaining" Greer, Bradley (2).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to MUL district properties located at 350 28th Avenue North and Charlotte Pike (unnumbered), west of Park Plaza (9.44 acres), all of which is described herein (Proposal No. 2005Z-008U-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 OR20 to MUL district property located at 1202 South Graycroft Avenue, located on the east margin of Briarville Road and the west margin of South Graycroft Avenue (0.88 acres), all of which is described herein (Proposal No. 2005Z-026G-04. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RM15 district properties located at 1111, 1115 and 1117 Fatherland Street and Fatherland Street (unnumbered), located on the north margin of Fatherland Street, approximately 275 feet east of South 11th Street (0.80 acres) all of which is described herein (Proposal No. 2005Z-021U-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 applying the Urban Design Overlay District to various properties located along the north and south side of Harding Pike and east of White Bridge Pike, to permit a mixture of uses, including office, residential, and commercial uses with detailed design standards(72.89 acres), all of which is described herein (Proposal No. 2005UD-001U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD, CS to MUG district property at 1515 Lebanon Pike and 204 Spence Lane, south of Lebanon Pike and east of Spence Lane (14.86 acres), all of which is described herein (Proposal No. 2005Z-030U-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 amending Title 17 of the Metropolitan Code of Laws, zoning regulations, by amending Section 17.32.040 to prohibit temporary signs affixed to storefront windows from covering more than twenty-five percent of the total storefront window area (Proposal No. 2005Z-020T). 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 district councilmembers be notified by the planning commission upon the filing of a master development plan application (Proposal No. 2005Z-031T). 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 to accept three (3) late bills for filing.
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 74 multi-family units, located at Old Hickory Boulevard (unnumbered), north of Central Pike (10.65 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Institutional Overlay district to various properties between Belmont Boulevard, 15th Avenue South and 12th Avenue South and between Wedgewood Avenue and Ashwood Avenue, including properties along Acklen Avenue, Bernard Avenue, Compton Avenue and Delmar Avenue, (74.95 acres), all of which is described herein (Proposal No. 2002Z-040U-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 located between Ferguson Avenue and Magnolia Boulevard and between 21st Avenue South and 12th Avenue South, in the Belmont-Hillsboro area, (180.08 acres), all of which is described herein (Proposal No. 2005Z-023U-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.
- BILLS ON SECOND READING -
SUBSTITUTE BILL NO. BL2004-434
An ordinance amending Chapter 4.12 of the Metropolitan Code of Laws to require that all contracts providing for consulting services or performance audit services be approved by the Metropolitan Council. The Budget and Finance Committee recommend deferment. Mr. Wallace moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the grant of an easement to BellSouth Communications, Inc. at the southwest corner of Owen Bradley Park to install a fiber optic switching station, Map 93-13, Parcel 129, and accepting $7,000 in consideration therefore (Proposal No. 2005M-001U-10). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 7.08 of the Metropolitan Code of Laws to provide for a caterer's permit for the sale of beer. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Dread offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dread 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 7.08.090 of the Metropolitan Code of Laws to prohibit the issuance of a permit to sell beer to an applicant that has had a prior permit for the sale of beer or liquor revoked within the past twelve month period. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Dread offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Burch, White, Loring, Hausser, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Toler, Coleman, Bradley, Williams, Tygard (27); "Noes" Tucker, Greer, (3); "Abstaining" Hart, Wallace (2). Mr. Dread moved to pass the bill on second reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Whitson, Summers, Shulman, Foster, Toler, Coleman, Bradley, Williams, Tygard (26); "Noes" Tucker, Greer, Wilhoite (3); "Abstaining" Wallace, Whitmore, Alexander (3).
BILL NO. BL2005-505
An ordinance to amend the Metropolitan Code of Laws to prohibit high grass, weeds and debris. Mr. Bradley offered a substitute ordinance and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE BILL NO. BL2005-505
An ordinance to amend the Metropolitan Code of Laws to prohibit high grass, weeds and debris. The substitute bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Bradley 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 2.44.070 of the Metropolitan Code of Laws to enable meter maids to enforce the Code of Laws provision regarding the removal of dog excrement. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to defer the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government of Nashville and Davidson County to enter into a Lease Agreement with the Metropolitan Nashville Airport Authority (Proposal No. 2004M-105U-13). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Burch 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 3.28.010 and Section 3.29.010 of the Metropolitan Code by amending the definition of disability to permit the determination of disability to continue the same as applied since 1963 by the Employee Benefit Board. The Budget and Finance Committee and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Mr. Ryman moved to defer the bill indefinitely and refer it to the Employee Benefit Board, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of an easement described in the plans for 485 Allied Drive, Stormwater Project No. 04-DL-0726 (Proposal No.2004M-116U-11). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical 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 authorizing the acceptance of easements described in the plans for 3438 Dickerson Pike, Stormwater Project No. 04-DL-0727 (Proposal No.2004M-115G-02). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Tucker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of an easement described in the plans for 3211 Franklin Limestone Road, Stormwater Project No. 04-DL-0728 (Proposal No.2004M-114U-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical 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 authorizing the acceptance of an easement described in the plans for 9770 Highway 96, Stormwater Project No. 04-DL-0725 (Proposal No.2004M-117G-06). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of an easement described in the plans for 310 Newsome Street, Stormwater Project No. 04-DL-0729 (Proposal No.2004M-113U-11). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 6-inch water line and all retained easements shown on Map 104-08, Parcel 047.00 and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2004M-065U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with The Jones Company of Tennessee to provide public sewer service in Williamson County to Arlington Heights Subdivision, Project No. 04-SL-152. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Beazer Homes Corporation, to provide public sewer service in Williamson County to Ballenger Farms, Project No. 03-SL-179A. The bill was approved by the Budget and Finance and Public Works 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 adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (2004M-122UG-00). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Longhunter Court to "Nashboro Greens" (Proposal No. 2004M-110U-13). The bill was approved by the Planning Commission, Emergency Communications District Board., Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Ms. Wilhoite requested a suspension of the rules to override the committee recommendation for deferment, and no objection was made. Ms. Wilhoite 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 -
Without objection Bill Nos. BL2004-160 and BL2004-161 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 RS7.5 to RM6 (25.86 acres) and MUL (1.61 acres) districts properties at Chadfield Way (unnumbered), Una Antioch Pike (unnumbered), and Bowfield Drive (unnumbered), (27.47 acres), all of which is described herein (Proposal No. 2004Z-010U-13). The bill was approved by the Planning Commission 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 north margin of Una-Antioch Pike, opposite Hickory Hollow Parkway, (27.4 acres), classified RS7.5 and proposed for RM6 and MUL, the provisions of a Planned Unit Development District, to permit the development of 139 townhomes, 16 single-family lots, and 14,000 square feet of commercial uses (Proposal No. 2004P 004U 13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Burch moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
BILL NO. BL2004-409
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.740 to provide for the waiver of application fees for certain zoning applications, all of which is more specifically described herein (Proposal No. 2004Z-021T). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Shulman offered a substitute bill and moved that it be accepted for filing, which motion was seconded. Mr. Wallace moved to defer the bill on second reading, which motion was seconded. Mr. Summers moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. The matter recurred on the motion to accept a substitute bill, which motion was adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2004-409
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.740 to provide for the waiver of application fees for certain zoning applications, all of which is more specifically described herein (Proposal No. 2004Z-021T). Mr. Shulman moved to defer the substitute bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending the rates for licensure and for operation of towing services with regard to the emergency towing of vehicles. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "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 CL to MUG district properties at 106 28th Ave. S., 2707, 2613, 2609, and 2611 West End Ave. east side of Natchez Trace, (5.92 acres), all of which is described herein (Proposal No. 2004Z-143U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. Hausser moved to defer the bill on third reading, the bill being requested by Margaret L. Behm - Dodson, Parker & Behm, 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 CN
to MUL district properties at 2122 and 2130 Murfreesboro Pike, south of Franklin
Limestone Road (7.46 acres), all of which is described herein (Proposal No.
2004Z-145U-13). The bill was approved by the Planning Commission and Planning,
Zoning and Historical Committee. Ms. Wilhoite moved to pass the bill on third
reading, which motion was seconded and adopted by the following vote:
"Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock,
Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring,
McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman,
Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35);
"Noes" (0).
Without objection Bill Nos. BL2004-484 and BL2004-485 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 AR2a to RS10 (79.30 acres), R8 (21.32 acres), RM9 (11.08 acres) district property at Burkitt Road (unnumbered) along the south side of Burkitt Road and the east side of Nolensville Pike, (111.7 acres total), all of which is described herein (Proposal No. 2004Z-152G-12). 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 the provisions of a Planned Unit Development District located at Burkitt Road (unnumbered) on the south margin of Burkitt Road, approximately 1,000 feet east of Nolensville Pike, to permit 98 townhouse units, 52 duplex lots (104 units) and 243 single-family lots (111.70 acres), all of which is described herein (Proposal No. 2004P-035G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Toler moved to defer the bills on third reading, the bills being requested by Kevin Gangaware, Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to RS20 district various properties along Tower Place , Dale Avenue, Coral Road, Gray Oaks Drive, Lealand Lane, and General Bate Drive, (60.88 acres), all of which is described herein (Proposal No. 2004Z-141U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to RS10 district property at 4115 Lealand Lane south of Greerland Drive, (1.76 acres), all of which is described herein (Proposal No. 2004Z-140U-10). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill on third reading the bill being requested by Scott Morgan and James Halloran, which motion was seconded and adopted 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 encouraging adaptive reuse of commercial areas within the Urban Services District along arterial and collector streets shown on the Major Street Plan, all of which is more particularly described herein (Proposal No. 2003Z-002T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance approving an agreement with the Nashville District Management Corporation for the administration of the Central Business Improvement District. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance authorizing the Director of Public Property, or his designee, to accept, execute and record a quitclaim deed from The Harpeth Youth Soccer Association to The Metropolitan Government of Nashville and Davidson County for a certain parcel of property (Proposal No. 2004M-009G-06). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Public Entertainment Facility 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" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance authorizing the Director of Public Property Administration to execute the Second Amendment to Declaration of Reciprocal Easements and Restrictive Covenants to modify the restrictive covenants and grant a permanent easement and temporary construction easement across Fire Station #10 located at 15530 Old Hickory Boulevard (Map 161, Parcel 266) and accepting $25,521.00 from BSM Nippers, LLC in consideration for the granting of said easements (Proposal No. 2005M-018U-12). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance abandoning a 8" sewer line and easement that will be replaced by a private 8" sewer line, that is shown on Map 85, Parcel 212, Project 04-SL-116, Heartland Christian Tower, located on Fernbrook Lane, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2004M-104U-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance abandoning a 36" sewer line and easement that will be replaced in the right-of-way on Beth Drive, that is shown on Map 84, Parcels 8, 8.01, and 23, Project 04-SL-110, Cumberland Meadows, Phase 1, Section 2, located on Eastland Avenue, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2004M-103U-05). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "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 John Hager Road as "John Hagar Road" (Proposal No. 2004M-019G-14). The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Gotto moved to defer the bill on third reading to the second meeting in March for a recommendation by the Emergency Communications District Board, which motion was seconded and adopted by a voice vote of the Council.
Mr. Wallace moved that he and other members of Council be allowed to work with the Council Office to prepare an appropriate certificate for presentation at the funeral of Mrs. DeLois Wilkinson, which motion was seconded and adopted without objection.
- MEMORIALIZING RESOLUTIONS -
RESOLUTION NO. RS2004-607
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact the necessary legislation to require landlords to store the personal belongings of evicted tenants at the tenant's expense. Ms. Wilhoite offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE RESOLUTION NO. RS2004-607
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact the necessary legislation to allow landlords to dispose of the personal belongings of evicted tenants in an appropriate manner and/or sell such items to offset amounts owed by the tenant, rather than setting the items in the public right-of-way. The substitute resolution was approved by the Budget and Finance Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Gilmore, Isabel, Murray, Hart, McClendon, Hausser, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (21); "Noes" Craddock, Brown, White, Greer (4); "Abstaining" Dread, Jameson, Cole, Forkum, Ryman, Burch (6).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow Tennessee residents who have had their driving privileges suspended in other states for moving violations to be eligible to obtain a Tennessee driver license if such prior moving violations are more than three years old. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Crafton moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Director of the Metropolitan Council Office to delay hiring any additional staff until a Best Practices Study of the Council Office has been conducted. The resolution was disapproved by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and failed by the following vote: "Ayes" Tucker, Isabel, White, Greer, Wallace, Whitmore, Wilhoite (7); "Noes" Neighbors, Briley, Dread, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, Loring, Hausser, Crafton, Whitson, Summers, Shulman, Foster, Toler, Coleman, Williams, Tygard (23); "Abstaining" Gilmore, Brown (2).
A resolution requesting the Metropolitan Nashville Police Department to consider expanding the Amber Alert program to include missing person cases involving persons with Alzheimer's, dementia, and other mental disabilities. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
Mr. Summers requested a suspension of the rules for consideration of a late resolution. Objection was made by Mr. Briley and the rules were not suspended.
Upon motion duly seconded, the meeting was adjourned.