 |
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 Councilmember Charlie Tygard.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (36); Absent: Cole, Hart, Murray, Ryman (4).
The Minutes of the meeting of May 17, 2005, were approved.
BILL ON PUBLIC HEARING
An ordinance adopting the Capital Improvements Budget and Program 2005-2006 through 2010-2011 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2005-2006. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Neighbors requested a hearing from the public on the bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Ms. Neighbors moved to pass the bill on second reading and re-refer the bill to the Budget and Finance and Planning, Zoning and Historical Committees, which motion was seconded and adopted by a voice vote of the Council.
Mr. Coleman moved that, at the time of adjournment, the meeting be adjourned
to 7:00 p.m. on Tuesday, June 14, 2005, for consideration of Ordinance No. BL2005-662
on third and final reading, and such other legislation that the Vice Mayor deems
appropriation for consideration at that time. The motion was seconded and adopted
by a voice vote of the Council.
RESOLUTIONS
A resolution appropriating the amount of $6,030 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Council of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Coleman moved to defer the resolution to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
A resolution establishing the certified tax rate in the General Services District and declaring the amount of the certified rate for the Urban Services District, pursuant to the provision of Tennessee Code Annotated § 67-5-1701, et seq. The Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount not to exceed Two Hundred Eighty-Six Million Eight Hundred Seven Thousand One Hundred Dollars ($286,807,100) to be financed by the ad valorem levy on property in the general services district and in an aggregate principal amount of Eighteen Million Nine Hundred Thirty Thousand Dollars ($18,930,000) to be financed by the ad valorem levy on property in the urban services district. The Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating to certain accounts for the benefit of the Fire, Legal, and Transportation Licensing Departments, Emergency Communications Center, administrative accounts for Corporate Dues/Contributions and Domestic Violence Intervention, and the Metro Nashville Public Schools in the amount of Six Million, Eight Hundred Forty-Nine Thousand, Four Hundred and Three Dollars ($6,849,403) from designated and undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. The Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating $200,000 in Community Development Block Grant Funds for property acquisition and related costs in the Booker Street Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution appropriating certain 2005 Housing and Community Development funds. The resolution was approved by the Federal Grants Review Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults for re-entry into the labor force and training for those facing serious barriers to employment (05-09-PY4-209-ADULT). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults for re-entry into the labor force and training for those facing serious barriers to employment (05-09-FY5-209-ADULT). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (05-09-PY4-409-DSLWK). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (05-09-FY5-409-DSLWK). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution accepting a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County for programs to decrease fire fatality rates. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution accepting a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County to upgrade the Fire Department's breathing apparatus and face pieces. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution approving an application for an assistance to firefighters grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution approving an application for a homeland security grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Kerstetter, Toler, Coleman, Williams, Tygard (28); "Noes" (0); "Abstaining" Greer, Hausser, Wilhoite, Bradley (4).
A resolution approving an amendment to a grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, extending the term of the grant and providing for additional funding. 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" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution approving an Intergovernmental Agreement between the Hospital Authority and the Metropolitan Government transferring funds in an amount not to exceed Thirteen Million Three Hundred Twenty-two Thousand Seven Hundred Seventy Dollars ($13,322,770) through June 30, 2005, to facilitate receipt of funding from the State of Tennessee, and appropriating said funds, for the purposes of making a loan to the Metropolitan Hospital Authority. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of April Jennings against the Metropolitan Government for an amount not to exceed $55,000.00, and directing that this amount be paid from the Self-Insured Liability Fund. 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" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
BILLS ON INTRODUCTION AND FIRST READING
A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2006. Ms. Neighbors to pass the bill on first reading and refer it to the Budget and Finance Committee, which motion was seconded was adopted by the following roll call vote requested by Councilmembers Gotto, Burch, White, Wallace, Tygard: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Jameson, Forkum, Brown, Loring, McClendon, Greer, Hausser, Whitmore, Shulman, Adkins, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams (23); "Noes" Craddock, White (2); "Abstaining" Gotto, Burch, Wallace, Walls, Crafton, Whitson, Foster, Kerstetter, Tygard (9).
An ordinance establishing the tax levy in the General Services District for the fiscal year 2005-2006, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to section 6.07 of the Metropolitan Charter. Ms. Neighbors to pass the bill on first reading and refer it to the Budget and Finance Committee, which motion was seconded was adopted by the following roll call vote requested by Councilmembers Isabel, Gotto, Burch, White, Wallace, Crafton, Tygard: "Ayes" Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Jameson, Forkum, Brown, Loring, McClendon, Wallace, Whitmore, Shulman, Adkins, Foster, Toler, Coleman, Bradley, Williams (20); "Noes" White (1); "Abstaining" Tucker, Craddock, Gotto, Burch, Greer, Hausser, Walls, Crafton, Whitson, Alexander, Wilhoite, Kerstetter, Tygard (13).
An ordinance amending Ordinance No. 65-464, as amended by Ordinance No. 68-525, as amended by Ordinance No. 080-294, relating to the levy of a local option sales and use tax by the Metropolitan Government in accordance with the provisions of Tennessee Code Annotated, Sections 67-6-701 through 67-6-716. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance amending Sections 5.32.030 and 5.32.110 of the Metropolitan Code of Laws to increase the amount of the annual commercial vehicle regulatory license and the motor vehicle regulatory license. Ms. Neighbors to pass the bill on first reading and refer it to the Budget and Finance Committee, which motion was seconded was adopted by the following roll call vote requested by Councilmembers Gotto, Burch, White, Wallace and others: "Ayes" Dozier, Neighbors, Dread, Isabel, Jameson, Forkum, Brown, Loring, McClendon, Walls, Whitmore, Shulman, Adkins, Wilhoite, Bradley, Williams (16); "Noes" Tucker, Craddock, Gotto, White, Wallace (5); "Abstaining" Briley, Gilmore, Burch, Greer, Hausser, Crafton, Whitson, Foster, Alexander, Kerstetter, Toler, Coleman, Tygard (13).
An ordinance naming the criminal courts building on Second Avenue North, adjacent to the Ben West Building, as the "Justice A. A. Birch Building". Pursuant to Rule No. 8 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.
An ordinance amending Section 16.04.200 of the Metropolitan Code of Laws regarding permissible materials used in the construction of fences and other regulations pertaining to fences. 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 authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 04-SG-0202, Shelby Avenue (Proposal No.2005M-038U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects of the Metropolitan Department of Water and Sewerage Services. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project Number 04-SG-172, Nashville Jewish Community Center (Proposal No. 2005M-012U-07). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
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 March 1, 2005. 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to RS40 district various properties located south of Harding Place, north of Tyne Boulevard (271.06 acres), all of which is described herein (Proposal No. 2005Z-088U-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 R8 to RM9 district property located at 11 Vaughns Gap Road (10.70 acres), all of which is described herein (Proposal No. 2005Z-041G-07). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development district to property located at 11 Vaughns Gap Road, along the north side of Highway 100, to permit 87 condo units within a 5 story building, and to permit the existing 74,540 square foot recreational facility, all of which is described here in (Proposal No. 2005P-011G-07). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 district property located at various properties south of Centennial Boulevard, west of 40th Street between 40th and 45th (37.35 acres), all of which is described herein (Proposal No. 2005Z-087U-08). 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 RS7.5, IWD, and CS to SCR district properties at Dickerson Pike (unnumbered), 3466 and 3446 Dickerson Pike, abutting the west side of Dickerson Pike (81.71 acres), all of which is described herein (Proposal No. 2004Z-113G-02). 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 RS7.5 to SCR district a portion of property at Dickerson Pike (unnumbered), approximately 1,500 feet west of Dickerson Pike (6.82 acres), all of which is described herein (Proposal No. 2004Z-115G-02). 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 Dickerson Pike (unnumbered), and 3438, 3446, 3466 Dickerson Pike, north of Doverside Drive, to permit 718,781 square feet of retail and restaurant uses (125.84 acres), all of which is described here in (Proposal No. 2005P-010G-02). 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 an existing Residential Planned Unit Development district located at the terminus of Mulberry Downs Circle, and approximately 1,500 feet west of Dickerson Pike, to remove a 19.75 acre portion from the PUD, all of which is described herein, (Proposal No. 88P-056G-02). 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 OL district a portion property located at 5433 Edmondson Pike, approximately 850 feet south of Brentwood Place (0.43 acres), all of which is described herein (Proposal No. 2005Z-052U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RM9 (303.56 acres) and MUL (216.24 acres) district properties located at Carothers Road (unnumbered), 7156, 7107, 7176, 7211, 7244 Carothers Road, and Battle Road (unnumbered), (519.80 acres), all of which is described herein (Proposal No. 2005Z-062G-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of applying an Urban Design Overlay (UDO) district at Carothers Road (unnumbered), 7156, 7107, 7176, 7211, 7244 Carothers Road, and Battle Road (unnumbered), (519.80 acres), to permit a maximum of 2,100 units and 150,000 square feet of commercial uses, all of which is described here in (Proposal No. 2005UD-003G-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CS district a portion of property located at 3570 Dickerson Pike, and 3564 Dickerson Pike, south of Bellshire Drive (7.67 acres), all of which is described herein (Proposal No. 2005Z-060G-02). 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 RS3.75 to RM20 district properties located at 1002 Warren Street, 1010 A and 1010 B Jackson Street, 1006 and 1008 Jackson Street (0.41 acres), all of which is described herein (Proposal No. 2005Z-069U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Urban Design Overlay district located at 1002 Warren Street and 1006, 1008, 1010-A and 1010-B Jackson Street (.41 acres), to permit 8 multi-family units, all of which is described here in (Proposal No. 2005UD-004U-09). The bill was approved by the Planning Commission. Mr. Wallace 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 RS7.5 to CS district property located at 401 McIver Street (0.45 acres) on the west margin of Nolensville Pike, all of which is described herein (Proposal No. 2005Z-039U-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 of a Planned Unit Development district located at 3101 and 401 McIver Street, to permit an existing 1,547 square foot used vehicular sales facility and for additional vehicular sales area and parking, all of which is described herein, (Proposal No. 2005P-009U-11). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to MUN district property located at 510 Madison Street (.36 acres), all of which is described herein (Proposal No. 2005Z-064U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS40 district various properties located on Haywood Lane (92.59 acres), all of which is described herein (Proposal No. 2005Z-055U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN, CS, OR20 and R6 to MUL district properties located at 1004, 1006, 1008, 1009, 1011, 1012, 1015, 1017, 1100 Fatherland Street, Fatherland Street (unnumbered) 1100, 1104, 1106, 1108 Russell Street, 301 S. 10th Street, 306 A S. 11th Street, 214 S. 11th Street (3.42 acres), all of which is described herein (Proposal No. 2005Z-089U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and 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 Hart Street (unnumbered), and 36, 38 and 40 Hart Street (0.56 acres), to permit a parking lot, all of which is described here in (Proposal No. 2005P-014U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the Commercial (General) Planned Unit Development located at 7471 Old Hickory Boulevard, Route 1 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), abutting the north margin of Old Hickory Boulevard and the west margin of Interstate 24, classified CS, (8.98 acres), to cancel the existing Commercial PUD, all of which is described herein, (Proposal No. 310-84-G-03). 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, MUL, R10, R80, and OL to SCR (59.69 acres) RM6 (41.30 acres) RS40 (535.30 acres), and RM2 (414.70 acres) districts properties located at 8101 McCrory Lane, McCrory Lane (unnumbered), and Newsom Station Road (unnumbered) (1050.99 acres), all of which is described herein (Proposal No. 2005Z-079G-06). The bill was approved by the Planning Commission. Mr. Tygard 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 amending a portion of the existing Commercial and Residential Planned Unit Development district located at McCrory Lane (unnumbered), Newsom Station Road (unnumbered), 8101, 8161, 8171 McCrory, (1151.53 acres), to add 180.58 acres to the PUD, and to permit 441 single-family lots, 576 townhomes, 380 apartments, 900,000 square feet of retail, restaurant, office, and hotel uses, replacing 380 single-family lots, 110 duplex lots, 800 multi-family units, and 1,851,100 square feet of retail, restaurant, office, and hotel uses, all of which is more particularly described herein, (Proposal No. 84-85-P-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 IG to MUI district properties located at 714, 722, and 726 4th Avenue North, 315 Harrison Street, Criddle Street (unnumbered), 705 and 709 3rd Avenue North (1.72 acres), all of which is described herein (Proposal No. 2005Z-078U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to ORI district property located at 3000 Charlotte Avenue (4.48 acres), all of which is described herein (Proposal No. 2005Z-063U-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 RS15 to CL district a portion of property at 4121 Clarksville Pike, approximately 325 feet north of Cedar Circle (0.5 acres), all of which is described herein (Proposal No. 2005Z-050U-03). 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 amending Title 17 of the Metropolitan Code, zoning regulations, by amending the 31st Avenue/Long Boulevard Urban Design Overlay (UDO) district, to vary the setbacks for particular building types and to provide opportunities for additional building types, all of which is more particularly described herein (Proposal No. 2005UD-006U-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 amending Title 17 of the Metropolitan Code, zoning regulations, by amending the Bedford Avenue Urban Design Overlay (UDO) district, to eliminate floor area ratio exemptions, to limit the size of restaurants, and to eliminate maximum building footprints, all of which is more particularly described herein (Proposal No. 2005UD-005U-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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.16, 17.36 and 17.40 to add Historic Bed and Breakfast Homestay (HB) as a classification of the historic overlay districts, rather than as a Special Exception (SE) use, all of which is more specifically described herein (Proposal No. 2005Z-091T). 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 17.36.300 (Permitted Land Uses) and Section 17.36.320 (Variation of conventional standards), to permit alternative development standards for specific land uses within Urban Design Overlay districts (Proposal No. 2005Z-97T). 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 the Lenox Village Urban Design Overlay (UDO) district to clarify variations to the conventional standards of the underlying zoning, all of which is more particularly described herein (Proposal No. 2005UD-007U-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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.08.030 to allow animal hospitals in certain zoning districts (2005Z-098T). 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.
Mr. Jameson requested a suspension of the rules for consideration of a late ordinance. Objection was made by Mr. Isabel and the rules were not suspended.
BILLS ON SECOND READING
An ordinance amending Chapter 2.72 of the Metropolitan Code of Laws regarding ethical standards for members and prospective members of Metropolitan Government boards and commissions. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Summers moved to defer the bill to the second meeting in July, 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 a lease agreement with Two Rivers Corporate Centre, L.P. (Proposal 2005M-069U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committees; the Budget and Finance and Education Committees approved the bill with an amendment. Mr. Loring offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Williams, Tygard (26); "Noes" Tucker, Greer, Wallace (3); "Abstaining" Whitson, Wilhoite, Coleman, Bradley (4).
SUBSTITUTE BILL NO. BL2005-621
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 district properties located at 6943 Burkitt Road, 6947 Burkitt Road, and Burkitt Road (unnumbered), (46.50 acres), all of which is described herein (Proposal No. 2004Z-164G-12). The bill was approved by the Planning Commission. Mr. Toler moved to defer the bill indefinitely, the bill being requested by James C.D. Franks, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 12.08.150 of the Metropolitan Code by reducing the authority to tow vehicles illegally parked within the area of Metropolitan Government. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Wallace moved to defer the bill to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (2005M-102U). 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 amending Chapter 2.04 of the Metropolitan Code of Laws regarding standards of conduct for Members of Council, disclosure of interests, enforcement provisions, and creation of a Council Board of Conduct, all of which is specifically described herein. The bill was approved by the Rules-Confirmations-Public Elections Committee 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, which motion was seconded. Mr. Tygard moved to defer the bill to the second meeting in September which motion was seconded and was adopted by the following roll call vote requested by Councilmembers Briley, Dread, Jameson, Gotto, and McClendon: "Ayes" Dozier, Craddock, Forkum Brown, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Foster, Alexander, Kerstetter, Williams, Tygard (19); "Noes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Jameson, McClendon, Hausser, Summers, Shulman, Adkins, Bradley (13); "Abstaining" Toler (1).
An ordinance approving and authorizing the Director of Parks and Recreation and the Director of Public Property to execute a sublease agreement with the Regional Transit Authority for a portion of Riverfront Park (Proposal No. 2005M-101U-09). The bill was approved by the Planning Commission, Budget and Finance; Parks, Library, Recreation and Entertainment Facility; and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Cates-Kottas Development to provide public sewer service in Williamson County to Galestone Subdivision, Phase Two-W, Project No. 04-SL-85C. Ms. Neighbors moved to withdraw the bill upon the request of the initiating department, which motion was seconded and adopted by a voice vote of the Council.
BILLS ON THIRD READING
An ordinance amending Chapter 11.26 of the Metropolitan Code of Laws to make it unlawful to sell graffiti implements to persons under the age of eighteen years. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Williams, Tygard (29); "Noes" White (1); "Abstaining" Summers, Coleman (2).
An ordinance amending
Chapter 16.04 of the Metropolitan Code of Laws to require the front entrances
of single-family homes to face a public or private street. The bill was approved
by the Codes, Fair and Farmers Market Committee. Ms. McClendon moved to pass
the bill on third reading, which motion was seconded and adopted by the following
vote:
"Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel,
Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer,
Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins,
Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams,
Tygard (35); "Noes" (0).
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, 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, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Wilhoite moved to defer the bill on third reading so it will track with a related bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD 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 and Planning, Zoning and Historical Committee. Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 IWD, CS to MUL district property at 1515 Lebanon Pike and 204 Spence Lane, located at the southeast corner of Spence Lane and Lebanon Pike (13.2 acres), all of which is described herein (Proposal No. 2005Z-030U-14). 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" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
SUBSTITUTE BILL NO. BL2005-583
An ordinance amending Section 11.28.210 of the Metropolitan Code of Laws expanding the hours of the curfew for juveniles. The substitute bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Kerstetter moved to pass the bill on third reading, which motion was seconded and failed by the following vote: "Ayes" Tucker, Isabel, Brown, Gotto, Burch, White, McClendon, Wallace, Whitmore, Crafton, Whitson, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Williams, Tygard (20); "Noes" Dozier, Neighbors, Briley, Dread, Gilmore, Craddock, Forkum, Greer, Hausser, Walls, Shulman, Bradley (12); "Abstaining "Jameson, Coleman (2).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the unbuilt alley #202 right-of-way from north side of Van Buren St. to railroad right-of-way (Proposal No. 2005M-036U-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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 closing Alley No. 530: from Jefferson St north to I-40 right-of-way (Proposal No. 2005M-070U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2005-597
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 216: from Phillips Street southward to Alley No. 574 (Proposal No. 2005M-071U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Mr. Wallace 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 R10, R15, R20 and R40 to RS10, RS15, RS20 and RS40 district properties located east of I-65 and west of Edmondson Pike, north of Hill Road and south of Briarwood Drive (1359.61 acres), all of which is described herein (Proposal No. 2005Z-025U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Adkins moved offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Adkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Craddock, Jameson, Forkum, Brown, Gotto, Burch, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (29); "Noes" Greer (1); "Abstaining" Isabel (1).
Without objection Bill Nos. BL2005-610 and BL2005-611 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 RS40 to CL (16.92) and RM6 (17.68) district properties located at 7727, 7745, 7739 Old Harding Pike, 8024, 8020, 8036 Highway 100, Highway 100 (unnumbered), Old Harding Pike (unnumbered), (34.60 acres total), all of which is described herein (Proposal No. 2005Z-037G-06). 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 7727, 7739, 7745 Old Harding Pike, 8020, 8024, 8036 Highway 100, Old Harding Pike (unnumbered), and Highway 100 (unnumbered), to permit 74 townhomes, 26,700 square feet of office/library, 87,900 square feet of retail/restaurant/bank (34.6 acres), all of which is described herein (Proposal No. 2005P-008G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.
Mr. Tygard moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 applying the Neighborhood Conservation Overlay District to various properties located between West End Avenue and Richardson Avenue in the Elmington Place area, (11.27 acres), all of which is described herein (Proposal No. 2005Z-024U-10). The 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" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Craddock, Jameson, Forkum, Brown, Gotto, Burch, Loring, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Bradley, Williams (25); "Noes" Greer (1); "Abstaining" Isabel, Whitson, Coleman (3).
Without objection Bill Nos. BL2005-622, BL2005-623 and BL2005-624 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 R6 and CL to SCR district properties located at 6806 Charlotte Pike, Annex Avenue (unnumbered) and Charlotte Pike (unnumbered), between Charlotte Pike and I-40 at Old Hickory Boulevard, (53.10 acres), all of which is described herein (Proposal No. 2004Z-150U-07). 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 Charlotte Pike (unnumbered), 6806 Charlotte Pike, Annex Avenue (unnumbered) abutting the north margin of Charlotte Pike and the south margin of I-40, to permit the development of 474,484 square feet of retail, restaurant and office use and 24 residential units (53.10 acres), all of which is described here in (Proposal No. 2004P-036U-07). The bill was approved by the Planning Commission; the 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 canceling an unbuilt Commercial Planned Unit Development district located at Charlotte Pike (unnumbered), opposite Templeton Drive (10.91 acres), all of which is described herein, (Proposal No. 211-73-U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Walls moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 AR2a to RS5 district property at 6614 Nolensville Pike approximately 140 feet south of Autumn Oaks Drive, (7.7 acres), all of which is described herein (Proposal No. 2004Z-139G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Documents were filed for the record. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
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 Metro Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers moved to defer the bill indefinitely while discussions on the proposal continue, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.32.130D regarding the maximum size of on-premises signs oriented to a controlled access highway, all of which is more specifically described herein (Proposal No. 2005Z-056T). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Loring moved to defer the bill on third reading while remaining concerns are addressed, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 11.26.010 of the Metropolitan Code of Laws by amending the definition of "felt tip marker" and "graffiti stick". The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (33); "Noes" (0).
An ordinance amending Section 2.108.020 of the Metropolitan Code of Laws to provide for the Health, Hospitals and Social Services Committee and the Personnel-Public Information-Human Relations-Housing Committee of the Metropolitan Council to each elect one of its members to serve on the Metropolitan Action Commission. The bill was approved by the Health, Hospitals and Social Services and Personnel-Public Information-Human Relations-Housing Committees. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance amending
Chapter 2.64 of the Metropolitan Code of Laws to prohibit members of Metropolitan
Government boards and commissions, other than those boards and commissions created
by the Metropolitan Charter, from serving more than two consecutive terms. The
bill was approved by the Rules-Confirmations-Public Elections Committee. Ms.
Tucker moved to pass the bill on third reading, which motion was seconded and
failed by the following vote: "Ayes" Tucker, Gilmore, Isabel, Brown,
McClendon, Wallace, Foster, Wilhoite, Coleman (9); "Noes" Dozier,
Dread, Craddock, Forkum, Gotto, Burch, White, Loring, Greer, Hausser, Walls,
Crafton, Whitson, Shulman, Adkins, Alexander, Kerstetter, Toler, Bradley, Williams,
Tygard (21); "Abstaining" Neighbors, Briley, Jameson, Whitmore, Summers
(5).
BILL NO. BL2005-640
An ordinance authorizing the Metropolitan Department of Law to compromise and settle the claim of Calvin B. Champion, personal representative of the estate of Calvin D. Champion, deceased, against Officers Debbie Miller, Craig Dickhaus and Richard Woodside for the sum of $400,000, which shall be paid from the Police Professional Liability Fund. 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" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance authorizing the Mayor to execute Utility Relocation Contract No. 6504 with the State of Tennessee, Department of Transportation, Project No. 19017-2225-04, 19017-4224-04 Slide Repair 9 Mile Hill (LM 9.2). The bill was approved by the Budget and Finance and Public Works Committees. Mr. Whitson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0); "Abstaining" Adkins.
An ordinance to amend the Geographical Information Systems Map for The Metropolitan Government of Nashville and Davidson County, by renaming the private drive, Denton Allen Road to Briar Patch Lane (Proposal No. 2005M-051G-01). The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 abandoning the North 3rd Street right-of-way from Grace Street South to the dead end (Proposal No. 2005M-056U-05). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance amending the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by accepting an alley adjacent to Love Circle for public maintenance (Proposal No. 2004M-019U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Ms. Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (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 abandoning a portion of 31st Avenue North from Alley No. 1202, 105.2 feet northward and by abandoning an unnumbered alley from 31st Avenue North to I-440 (Proposal No. 2004M-092U-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. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance approving and accepting a contribution in the amount of $200,000 from Pulte Homes for purposes of traffic infrastructure improvements at Cloverland Drive. The bill was approved by the Budget and Finance, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance authorizing the Metropolitan Government to participate with John and Gail Chamberlain to provide public sewer service in Williamson County to John and Gail Chamberlain Property, Project No. 04-SL-207. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance authorizing the Metropolitan Government to enter into renewal of a sewer easement at J. Percy Priest Dam and Reservoir Project, Easement No. DACW62-2-84-0055 (Proposal No. 2005M-085G-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Bradley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance authorizing the Metropolitan Government to enter into renewal of a sewer easement at J. Percy Priest Dam and Reservoir Project, Easement No. DACW62-2-84-0144 (2005M-084G-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Bradley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of public projects of the Metropolitan Government, initially with relation to Project Number 04-D-0705, 18th Avenue North Drainage Improvements (Proposal No. 2004M-086U-08). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
Ms. McClendon moved to suspend the rules to rescind action taken on May 17, 2005, on Ordinance No. BL2005-630 and to place the bill on third reading on the next regular agenda, which motion was seconded and adopted without objection.
MEMORIALIZING RESOLUTIONS
A resolution requesting Nashville Gas Company to study the patterns of deposit amounts used to guarantee payment of bills for services by zip code, and to report its findings to the Metropolitan Council. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Burch, White, McClendon, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams (29); "Noes" (0).
A resolution requesting the Mayor's Office to conduct an anonymous employee satisfaction survey for Metropolitan Action Commission employees. The Personnel-Public Information-Human Relations-Housing Committee recommended deferment. Mr. Wallace moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting Governor Phil Bredesen and the Davidson County Delegation to the Tennessee General Assembly to take the action necessary that would enable the Metropolitan Government to tax all events for which an admission fee is charged. The resolution was approved by the Budget and Finance Committee Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation that would enable the Metropolitan Board of Public Education to adopt a budget without approval of the Metropolitan Council and to levy such tax as may be necessary to fully fund the adopted budget. The resolution was disapproved by the Budget and Finance Committee; the Education Committee recommended deferment. Mr. Wallace moved to defer the resolution to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Civil Service Commission to cease approving bonuses for Metropolitan Government employees. The Budget and Finance Committee recommended deferment. Pursuant to Rule 23 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.
A resolution requesting the Metropolitan Board of Parks and Recreation to name the proposed park plaza in front of the Metropolitan Courthouse in honor of Richard H. Fulton. The resolution was approved by the Parks, Library, Recreation and Entertainment Facility Committee. Pursuant to Rule No. 8 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.
A resolution requesting the Metropolitan Police Department to implement the "How's My Driving?" program for teens. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Mayor to create a Mayor's Office of Minority Affairs. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Isabel moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Director of Finance and the Metropolitan Employee Benefit Board to study the feasibility of requiring all Metropolitan Government employees to utilize Nashville General Hospital at Meharry for non-emergency medical services. The resolution was approved by the Health, Hospitals and Social Services Committee; the Personnel-Public Information-Human Relations-Housing 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 Metropolitan Department of Public Works to restore funding paid to community groups that staff recycling drop-off sites to the level prior to the 2004-2005 fiscal year budget. The resolution was approved by the Public Works Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded was adopted by the following vote: : "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Forkum, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).
Upon motion duly
seconded, the meeting was adjourned to June 14, 2005, at 7:00 p.m.