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Minutes
Metropolitan Council Meeting
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Minutes
Metropolitan Council Meeting
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The Metropolitan Council met in regular session on this date at 7:00 p.m. in Metro City Hall.
The invocation was offered by Councilman Jamie Isabel, Sr.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Alexander, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard and President Gentry (39); Absent: Williams (1).
The Minutes of the meeting of August 2, 2005, were approved.
- ELECTIONS AND CONFIRMATIONS -
Auditorium
Commission
Reappointment of Mr. David McMahan for a term expiring June 30, 2008. At the
request of the appointee, the nomination was deferred to the second meeting
in September.
Reappointment of Ms. Carol L. Singletary for a term expiring June 30, 2008. At the request of the appointee, the nomination was withdrawn.
Convention
Center Commission
Reappointment of Mr. Burton Hummell for a term expiring June 7, 2008. 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. Russell Willis for a term expiring June 7, 2008. 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 Ms. Irwin Fisher for a term expiring June 7, 2008. At the request of the appointee, the nomination was deferred.
Electric
Power Board
Reappointment of Ms. Marilyn Robinson for a term expiring July 1, 2010. The
Rules-Confirmations-Public Elections Committee recommended the reappointment
and Mr. Coleman moved for confirmation, which motion was seconded and adopted
by a unanimous vote of the Council.
Employee
Benefit Board
Reappointment of Mr. Russell White for a term expiring June 30, 2008. 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.
Farmers
Market Board
Reappointment of Mr. Warren Jasper for a term expiring July 5, 2010. At the
request of the appointee, the nomination was deferred.
Historic
Zoning Commission
Reappointment of Ms. Cori Morris for a term expiring June 1, 2010. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Mr. Coleman moved for
confirmation, which motion was seconded and adopted by a unanimous vote of the
Council.
Reappointment of Ms. Ann Nielson for a term expiring June 1, 2010. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Procurement
Standards Board
Reappointment of Ms. Beth Franklin for a term expiring July 20, 2008. 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.
Sexually
Oriented Business Licensing Board
Appointment of Mr. Johnny Crumby, Sr. for a term expiring October 7, 2008. The
Rules-Confirmations-Public Elections Committee recommended the appointment and
Mr. Coleman moved for confirmation, which motion was seconded and adopted by
a unanimous vote of the Council.
Tourism
& Convention Commission
Reappointment of Ms. Kitty Emery for a term expiring June 30, 2008. 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. Patrick Franzone for a term expiring June 30, 2008. 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. John Veasy for a term expiring June 30, 2008. 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. Kyle Young for a term expiring June 30, 2008. 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.
Transit
Authority
Reappointment of Mr. Lewis Lavine for a term expiring July 18, 2010. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Mr. Coleman moved for
confirmation, which motion was seconded and adopted by a unanimous vote of the
Council.
- 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 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Alexander, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
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 resolution was deferred by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded. Mr. Tygard moved to defer the resolution, which motion was seconded. Mr. Briley moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded. Mr. Adkins moved to table the motion to amend, which motion was seconded and failed by a voice vote of the Council. The matter recurred on the motion to adopt Amendment No. 1, which motion was adopted by a voice vote of the Council. Mr. Tygard offered Amendment No. 2 and moved for its adoption, which motion was seconded. Mr. Adkins moved to table the motion to amend, which motion was seconded and adopted by a roll call vote of the Council. Mr. Tygard offered Amendment No. 3 and moved for its adoption, which motion was seconded. Mr. Cole moved to table the motion to amend, which motion was seconded and adopted by a roll call vote of the Council. Mr. Summers moved to defer the resolution indefinitely, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to adopt the resolution as amended, which motion was adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Bradley, Tygard (32); "Noes" Dozier, Craddock, Summers (3); "Abstaining" Brown, Coleman (2).
A resolution authorizing Zander Insurance Group, Inc to install, construct and maintain an aerial encroachment in right-of-way on Oceola Avenue to install aerial telephone feeder cable to join 212 Oceola Avenue with 223 Oceola Avenue (Proposal No.2005M-120U-07). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee recommended deferment. Mr. Summers moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution establishing a Task Force on Telecommunications Innovation to explore and report on the feasibility of using Metropolitan Government resources in a network that is available to the public using broadband technologies, broadband over power lines, Wi-Fi, Wi-Max, and other wireless applications, end-user fiber build out, and other telecommunications technologies. The Budget and Finance Committee recommended deferment. Mr. Briley moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution establishing an emergency preparedness task force to examine the preparedness of Nashville and Davidson County to respond to emergencies and communicate information to the public. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (37); "Noes" (0).
A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to provide case management and family support services to children at risk of state custody. 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, 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, Tygard (37); "Noes" (0).
A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for the State Trial Courts to provide treatment to persons addicted to methamphetamine. 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, 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, Tygard (37); "Noes" (0).
A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for adult homemaker services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County for programs to prepare dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (No.06-09-PY5-409-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, 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, Tygard (37); "Noes" (0).
A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults for re-entry into the labor force and training for those facing serious barriers to employment (No. 06-09-PY5-209-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, 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, Tygard (37); "Noes" (0).
A resolution accepting a grant from the State of Tennessee, Department of State, to The Metropolitan Government of Nashville and Davidson County for the benefit of the Nashville Public Library to provide library services to disadvantaged persons. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (37); "Noes" (0).
A resolution approving an amendment to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County for air pollution control. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (37); "Noes" (0).
A resolution approving an agreement with the United States Marshal's Service regarding the Middle Tennessee Joint Fugitive Task Force. 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, 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, Tygard (37); "Noes" (0).
A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Public Works 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, 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, Tygard (37); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain properties located in Council District 32, more particularly described herein. 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 extending the boundaries of the Urban Services District within the jurisdiction of The Metropolitan Government of Nashville and Davidson County to include certain property located in Council District 32, all of which is more particularly described herein. 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 the Metropolitan Code of Laws Section 15.40.020, to authorize the Director of the Metropolitan Public Health Department to jointly enforce Chapter 15.40 of the Metropolitan Code of Laws with the Director of Water and Sewerage Services. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Nashville Fire Department to accept donations by resolution adopted by the Metropolitan Council. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance accepting a donation of a horse by the name of Sunfire's Storm Chaser from Mr. Ben Downing for the use and benefit of the Metropolitan Police Department. 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 approving the donation of a certain surplus Massey Ferguson tractor from The Metropolitan Government of Nashville and Davidson County to the Andrew Jackson Police Youth Camp, Inc., a nonprofit charitable organization. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Centex Homes to provide public sewer service in Davidson County to Hills of Concord Place, Phase One and Two, and Villas of Concord Place, Phase Three, Subdivision Project No. 05-SL-47. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance abandoning a public right-of-way easement encumbering property located at 2218 Ashwood Avenue, all of which is more particularly described herein (Proposal No. 2005M-144U-10). 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 abandoning a 8 inch, 10 inch and a 12 inch sanitary sewer line and easement that will be replaced by a 8 inch and 10 inch sanitary sewer line and easement, that is shown on Map 104-2, Parcels 384, 388, 389, and 390 and Map 104-3, Parcels 17 and 18, Project 05-SL-57, Bristol-West End, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-096U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance naming the criminal courts building on Second Avenue North, adjacent to the Ben West Building, as the "Justice A. A. Birch Building". The bill was approved by the Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees; the bill was not approved by the Rules-Confirmations-Public Elections Committee. Ms. Wilhoite moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance naming the complex consisting of the Ben West Building and the new Criminal Courts Building on Second Avenue North, adjacent to the Ben West Building, jointly as the "Justice A. A. Birch Complex". The bill was approved by the Rules-Confirmations-Public Elections Committee and Planning, Zoning and Historical Committees; the bill was disapproved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Greer moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 13.26 of the Metropolitan Code of Laws establishing the process and procedure for naming public structures and spaces of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Rules-Confirmations-Public Elections Committee and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading and to defer the bill to the first meeting in October, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws regarding the storage of trailers and watercraft in the front yard of residential property. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Hart moved to pass the bill on second reading, which motion was seconded. Mr. Wallace moved to defer the bill, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to pass the bill on second reading, which motion was adopted by a voice vote of the Council.
An ordinance repealing Chapter 10.68 of the Metropolitan Code of Laws to allow the sale and use of fireworks within Davidson County. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Hart moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 5.04 of the Metropolitan Code of Laws to require the Department of Finance to provide monthly revenue collection reports to the Metropolitan Council. The bill was approved by the Budget and Finance Committee. 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 approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Loss Prevention Specialists, Inc. for recovery of funds belonging to the Metropolitan Government. The Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Mayor's Office of Emergency Management to accept donations. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance accepting the donation of Three Thousand Dollars ($3,000) from the Nashville Downtown Partnership to the Metropolitan Government, Department of Public Works, for the installation of railings along planters located within the downtown area. The bill was approved by the Budget and Finance and Public Works 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 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-155 Briley Parkway at Centennial Boulevard, Exit 26 SB off ramp. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Walls moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements described in the plans for Bonnalynn Drive, Stormwater Project No. 03-D-0462 (Proposal No. 2005M-063G-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. White moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects of the Metropolitan Department of Water and Sewerage Services. Project Nos. 05-DL-0806, 05-DL-0807, 05-DL-0808, 05-DL-0810 and 05-DL-0811. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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 Otay Street right-of-way from Northview Avenue westward to the railroad right-of-way (Proposal No. 2005M-108U-05). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Cole offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Cole 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 to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning Alley #318 right-of-way from S. 11th Street to Alley #292 (Proposal No. 2005M-123U-05). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking 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 acceptance of certain easements described in the plans for 2604 Pennington Avenue and 1125 and 1817 Cahal Avenue, Stormwater Project No. 04-D-0734, and 1124 Richard Lee Circle, Stormwater Project No. 04-D-0683. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance transferring a telecommunications franchise granted to ICG Access Services, Inc. by Ordinance No. 094-1185 to Xspedius Management Company of Chattanooga, LLC d/b/a Xspedius Communications. The bill was approved by the Budget and Finance Committee. 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 approving an Agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County for the Cowan Street Streambank Protection Project in Davidson County, Tennessee and authorizing the execution of the same. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the negotiation and acceptance of Deeds of Perpetual Channel Improvement Easements for Project 04-DL-0715, Cowan Street Riverbank Protection, from the owners of Map 71-14, Parcel 387, the owners of Map 82-02, Parcel 78, and the State of Tennessee, on property abutting the east bank of the Cumberland River for protection from the Cumberland River (Proposal No. 2004M-100U-05). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance 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 district to RM4 district property located at Highway 100 (unnumbered) on the northeast corner of Highway 100 and Chaffin Drive (1.94 acres), all of which is described herein (Proposal No. 2003Z-132G-06). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Tygard moved to defer the bill on third reading while issues with adjacent property owners are being addressed, the bill being requested by Joseph G. Petrosky, P.E., 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 applying the Institutional Overlay district to various properties between Belmont Boulevard, 15th Avenue South and 12th Avenue South and between Wedgewood Avenue and Ashwood Avenue, including properties along Acklen Avenue, Bernard Avenue, Compton Avenue and Delmar Avenue, (74.95 acres), all of which is described herein (Proposal No. 2002Z-040U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Hausser offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Documents were filed for the record in this matter. Ms. Hausser moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Isabel, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley (28); "Noes" Tucker, Murray, Greer (3); "Abstaining" Gilmore, Wallace, Whitson, Tygard (4).
Without objection Bill Nos. BL2005-687 and BL2005-688 were considered together.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to 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 and approved by 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 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 and approved by the Planning, Zoning and Historical Committee. Ms. McClendon offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.
Ms. McClendon moved
to pass the bills on third reading, which motion was seconded and adopted by
the following vote:
"Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Craddock, Murray,
Cole, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser,
Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler,
Coleman, Bradley, Tygard (29); "Noes" (0); "Abstaining"
Briley, Jameson, Hart, Forkum (4).
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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. After a review of the amendment, Mr. Shulman moved to rescind the previous action, which motion was seconded and adopted by a voice vote of the Council. 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, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
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). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Brown 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, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Tygard (32); "Noes" (0); "Abstaining" Jameson, Hausser (2).
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). 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, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
An ordinance to amend the Geographical Information Systems Map for The Metropolitan Government of Nashville and Davidson County, by naming the three private drives in Nashboro Village, Tract 18, Nashboro Greens, Nashboro Greens Court and Nashboro Greens Way (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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Reischa Drive, between Donna Kay Drive and the dead end, to "Providence Park Lane" (Proposal No. 2005M-052U-12). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Adkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring a sanitary sewer easement for use in public project of the Metropolitan Government, initially with relation to Project No. 04-SL-69, Lakeside Cove At Percy Priest, Phase 1 (Proposal No. 2005M-126G-13). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Bradley requested a suspension of the rules for consideration of an amendment on third reading, and no objection was made. Mr. Bradley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Bradley moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
An ordinance abandoning an 8 inch sanitary sewer line and easement that will be replaced by an 8 inch sanitary sewer line, that is shown on Map 135, Parcels 239.01, 239.02, and 240, Project 05-SL-27, Shoppes at Nashboro, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-075U-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committee. Ms. Wilhoite moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws exempting vehicles with a visible disabled driver placard from the provision requiring motor vehicles to be parked on a paved or graveled driveway. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
- MEMORIALIZING RESOLUTIONS -
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 indefinitely, which motion was seconded and adopted by a voice vote of the Council. Pursuant to Rule No. 22 of the Rules of Procedure of the Metropolitan Council, the resolution is considered withdrawn.
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 indefinitely, which motion was seconded and adopted by a voice vote of the Council. Pursuant to Rule No. 22 of the Rules of Procedure of the Metropolitan Council, the resolution is considered withdrawn.
A resolution requesting the Mayor and the Director of Finance to implement a bonus-based incentive plan for Metropolitan department directors to find areas of savings within their budgets. The Budget and Finance Committee recommended deferment. Mr. Isabel requested a suspension of the rules to override the committee recommendation; objection was made and the rules were not suspended. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the President of the United States George W. Bush, Senate Majority Leader Bill Frist, Senator Lamar Alexander, the Tennessee Congressional Delegation, Governor Phil Bredesen, and the Davidson County Delegation to the Tennessee General Assembly to take the action necessary to strengthen the penalties for persons convicted of sexual offenses against children. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
A resolution requesting the Metropolitan Board of Public Education to utilize additional minority consultants in teacher training programs, to reduce out-of-state contractual consultant services for teacher training and mentoring, and to create community task forces to address the patterns of placement of minority students in special education classes and make recommendations regarding the current zero tolerance policies. The resolution was approved by the Education Committee. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to remove the sales tax on food and medicine. The Budget and Finance Committee recommended deferment. Ms. Gilmore 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 require a person to demonstrate proof of financial responsibility prior to obtaining a Tennessee driver license or registering a motor vehicle. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (35); "Noes" (0).
Upon motion duly
seconded, the meeting was adjourned.