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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 Councilmember Carolyn Baldwin Tucker.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The Minutes of the meeting of February 1, 2005, were approved.
The roll was called and the following members were present during the progress of the meeting: Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (38); Absent: Neighbors, Alexander (2).
- ELECTIONS AND CONFIRMATIONS -
Action
Commission
Reappointment of Mr. Robert McNeilly, Jr. for a term expiring February 2, 2008.
At the request of the appointee, the nomination was deferred.
Emergency
Communications District Board
Reappointment of Ms. Susan Mattson for a term expiring February 14, 2009. 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.
Reappointment of Mr. Michael Stewart for a term expiring February 14, 2009. At the request of the appointee, the nomination was deferred.
Reappointment of Mr. Joe Sweat for a term expiring February 14, 2009. At the request of the appointee, the nomination was deferred.
Farmers
Market Board
Appointment of Ms. Audrey Buchanan for a term expiring December 5, 2006, Ms.
Buchanan will fill the unexpired term of Mr. Arthur Best. At the request of
the appointee, the nomination was deferred.
Appointment of Ms. Kay West for a term expiring December 19, 2009. At the request of the appointee, the nomination was deferred.
Public
Records Commission
Appointment of Ms. Brenda Gilmore for a term expiring August 31, 2007. At the
request of the appointee, the nomination was withdrawn.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
Consideration of a proposed amendment to Rule No. 1 of the Rules of Procedure of the Metropolitan Council was deferred.
- 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. Wallace moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution extending the expiration date for the juvenile curfew provisions of the Metropolitan Code of Laws until June 30, 2010. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution appropriating $500,000 in Community Development Block Grant Funds for improvements to the Cleveland Park Community Center building and grounds in the Cleveland Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Ms. Murray moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution approving an Amendment to the Lease Agreement by and between The Metropolitan Government of Nashville and Davidson County, and Martha O'Bryan Center, Inc. to extend the lease term (Proposal No. 99M-033U). The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution accepting a grant from the Tennessee Department of Health to the Metropolitan Department of Health to provide sexually transmitted disease services and HIV/AIDS prevention and surveillance. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution accepting a grant from the Tennessee Department of Agriculture to the Metropolitan Department of Health to provide low cost sterilization of dogs and cats. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution approving amendments to Regulation No. 8 of the Metropolitan Board of Health regarding inspection and maintenance of light-duty motor vehicles. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution approving the participation of The Metropolitan Government of Nashville and Davidson County in the Dolly Parton Imagination Library Project. The resolution was approved by the Parks, Library, Recreation and Entertainment Facility Committee with an amendment. Ms. Wilhoite offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. A letter from the Governors Books from Birth Foundation was read for the record. Ms. Wilhoite moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution appropriating a grant of $50,000 from the General Fund of the General Services District to Vanderbilt University, acting through The Women's Social Policy and Research Center, for the purpose of conducting a study regarding the impact of healthcare services, transportation services, social services outsourcing, and affordable housing on women in Nashville, Tennessee. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution approving and authorizing the Mayor to execute an amending agreement with the State of Tennessee Department of Transportation and CSX Transportation Inc. regarding improvements to the Demonbreun Street Bridge in accordance with Federal Project No. BR-STP-3249(2). 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, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
A resolution authorizing MTA Distributors to install, construct and maintain aerial fiber optic cables on Hickory Hills Boulevard (Proposal No. 2005M-029G-02). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works committee approved the resolution with an amendment. Ms. Tucker offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Tucker moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
A resolution accepting $5,263.24 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's property damage claim against Hitesh Patel. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
A resolution accepting $6,237.92 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's property damage claim against Dorothy Woods. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance approving an agreement with the Oasis Center regarding participation in the Oasis Americorps Program. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees by a voice vote of the Council.
An ordinance establishing the Criminal Justice Planning Unit as a department of the Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Relations-Housing and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance amending Section 2.100.050 of the Metropolitan Code of Laws to require vehicles operated by Metropolitan Transportation Inspectors in furtherance of their duties to be clearly marked as transportation inspection vehicles. 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 16.04.200 and Section 16.24.330 of the Metropolitan Code of Laws to prohibit fences from extending past the front façade of single and two-family homes. 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 and authorizing the Mayor to execute a contract with the State of Tennessee Department of Transportation regarding the installation and maintenance of one or more traffic signals at SR-12 Ashland City Highway at SR-155 Briley Parkway, Exit 24 NB off ramp. 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 approving the disposition of certain parcels of surplus property by the Director of Public Property. (Proposal No. 2005M-031U-03). 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. Whitmore moved to pass the bill on first reading as amended, which motion was seconded. Mr. Isabel moved to defer the bill, 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 Nashville Auto Diesel Stormwater Project No. 04-DL-0707 (Proposal No. 2004M-071U-05). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.120 to require that all planned unit developments inactive for more than six years be submitted to the Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical 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 RS5 to CS district property at 104 Glenrose Avenue, approximately 225 feet east of Foster Avenue, (0.27 acres), all of which is described herein (Proposal No. 2004Z-163U-11). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions for a Planned Unit Development district property located at 104 Glenrose Avenue, east of Foster Avenue (0.27 acres) to permit a 911 square foot office retail use in an existing building, all of which is described herein (Proposal No. 2004P-038U-11). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending Chapter 5.04 of the Metropolitan Code of Laws to provide certain reporting requirements for nonprofit organizations receiving grants from the Metropolitan Government. The bill was approved by the Budget and Finance Committee. Mr. Cole 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 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 bill was disapproved by the Public Safety-Beer and Regulated Beverages Committee. 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 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, Budget and Finance, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. McClendon moved to pass the bill on second reading and re-refer the bill to the Budget and Finance and Traffic and Parking Committees, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 3.08.110 of the Metropolitan Code of Laws. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Briley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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. The bill was approved by the Education and Public Safety-Beer and Regulated Beverages Committees with an amendment. Mr. Briley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Briley moved to pass the bill on second reading as amended which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman 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 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, Traffic and Parking Commission, Public Works, Traffic and Parking 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.
- BILLS ON THIRD READING -
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). The substitute bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Murray, Jameson, Cole, Ryman, Brown, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley (25); "Noes" Dozier, Craddock, Forkum, Gotto, White, Greer, Wallace, Whitson, Tygard (9); "Abstaining" Hart (1).
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 in writing of all requests for modification to planned unit developments prior to the approval of such modifications (Proposal No. 2004Z-023T). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Greer moved to defer the bill on third reading to the first meeting in April, 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 withdraw the bill, which motion was seconded and adopted by a voice vote of the Council with Ms. Wilhoite "abstaining."
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from 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 and Planning, Zoning and Historical Committee. Ms. Hausser stated for the record that restrictive covenants will be filed. Ms. Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, McClendon, Hausser, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); "Noes" Isabel (1); "Abstaining" Craddock, Greer, Wallace (3).
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 moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Briley, Dread, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (31); "Noes" Tucker, Greer (2); "Abstaining" Gilmore, Isabel, Crafton, Wilhoite (4).
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 moved to defer the bill indefinitely on third reading, which motion was seconded and adopted by a voice vote of the Council.
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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 moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "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 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, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Wilhoite moved to defer the bill on third reading to the first meeting in April, which motion was seconded and adopted by a voice vote of the Council.
- MEMORIALIZING RESOLUTIONS -
A resolution requesting an explanation from the Metropolitan Board of Public Education and the Director of Schools as to why so many Metro teachers send their children to private schools. The Education Committee recommended deferment. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Davidson County 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 indefinitely, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2005-688
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. Mr. Tygard offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE RESOLUTION NO. RS2005-688
A resolution requesting the Metropolitan Nashville Police Department to consider expanding the child abduction information program to include missing person cases involving persons with Alzheimer's, dementia, and other mental disabilities. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution requesting the Vice Mayor to establish an emergency preparedness task force. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution supporting Senate Bill 666 / House Bill 457, currently pending in the Tennessee General Assembly, which would increase the maximum annual income for participation in the tax relief program for the elderly to $13,095, and requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and adopt legislation that would permit the Metropolitan Government to increase the amount of local tax payments made in the tax relief program for the elderly. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to take the action necessary to delay implementation of the Streamlined Sales Tax legislation. The resolution was approved by the Budget and Finance Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require owners of property that has previously been used as a methamphetamine laboratory to disclose this information to prospective renters and/or purchasers. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Tucker moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Tennessee Department of Transportation to use two white lines to designate High Occupancy Vehicle (HOV) lanes. The resolution was disapproved by the Traffic and Parking Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and failed by the following vote: "Ayes" Tucker, Gilmore, Isabel, Murray, Hart, Gotto, Hausser, Whitmore, Shulman, Wilhoite, Coleman (11); "Noes" Briley, Dread, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Burch, White, Loring, Walls, Whitson, Summers, Foster, Tygard (16); "Abstaining" Dozier, McClendon, Greer, Wallace, Crafton, Adkins, Kerstetter, Toler, Williams (9).
A resolution requesting
the appointment of a Community Education Renewal Task Force to study the changing
role of Community Education in Nashville and Davidson County and determine how
community education may best serve citizens' needs. The resolution was approved
by the Education Committee. Mr. Summers moved to adopt the resolution,
which motion was seconded and adopted by the following vote: "Ayes"
Dozier, 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,
Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (36); "Noes"
(0).
A resolution requesting the Metropolitan Historic Zoning Commission to allow businesses on Second Avenue to maintain their outside ATM machines, and encouraging the Commission to develop design guidelines for outside ATM machines in historic districts. The Planning, Zoning and Historical Committee recommended indefinite deferment. Mr. Wallace moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2005-708
A resolution requesting the Mayor, the Chief of Police, the Director of the Emergency Communication Center, and the Emergency Communications District board to consider using retired Metropolitan Nashville police officers to work as part-time dispatchers at the communication center. Mr. Isabel offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE RESOLUTION NO. RS2005-708
A resolution requesting the Mayor, the Chief of Police, the Fire Chief, the Director of the Emergency Communication Center, and the Emergency Communications District board to consider using retired Metropolitan Government public safety employees to work as part-time dispatchers at the communication center. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution requesting the Metropolitan Board of Parks and Recreation to name the annual Men's and Women's Municipal Amateur Golf Championships in honor of James H. (Jim) Fyke. The resolution was approved by the Parks, Library, Recreation and Entertainment Facility Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution proclaiming the week of February 27, 2005, as "Country Radio Week" in Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, 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, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
Mr. Wallace 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.