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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 Father Edwige Carre of Holy Name Catholic Church.
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, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (36); Absent: Neighbors, Hart, Hausser (3).
- ELECTIONS AND CONFIRMATIONS -
The President called for an election to fill a six-year term on The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. The nomination previously made was Ms. Anedra Henley. Mr. Adkins reported that the Rules-Confirmations-Public Elections Committee had interviewed Ms. Henley and found her qualified to serve. Mr. Adkins moved for the election of Ms. Henley, which motion was seconded and adopted by unanimous vote of the Council. The President declared that Ms. Henley was elected to a six-year term on the Industrial Development Board.
Agricultural
Extension Board
Appointment of Ms. Mary Hurt for a term expiring August 1, 2008. At the request
of the appointee, the nomination was deferred to the second meeting in November.
Appointment of Mr. Joe West for a term expiring August 1, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Charter
Revision Commission
Appointment of Mr. Yuri Cunza for a term expiring September 4, 2009. Without
objection the nomination was withdrawn.
Reappointment of Ms. Mariah Wooten for a term expiring September 4, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Civil
Service Commission
Appointment of Mr. Robert I. Chavez for a term expiring March 31, 2007. At the
requested of the appointee, the nomination was withdrawn.
Historical
Commission
Reappointment of Mr. John Connelly for a term expiring August 10, 2009. Without
objection the nomination was deferred to the second meeting in November.
Reappointment of Ms. Ann Eaden for a term expiring August 10, 2009. Without objection the nomination was deferred to the second meeting in November.
Property
Standards and Appeals Board
Appointment of Mr. David Kipp for a term expiring July 29, 2009. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Adkins moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Sexually
Oriented Business Licensing Board
Appointment of Mr. Doug Sloan for a term expiring October 7, 2009. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Adkins moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Social
Services Commission
Appointment of Ms. Barbara Toms for a term expiring April 3, 2010. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Adkins moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
- BILLS ON PUBLIC HEARING (SECOND READING) -
An ordinance approving the Jefferson Street Redevelopment Plan. The bill was approved by the Planning Commission, Federal Grants Review and Planning, Zoning and Historical Committees. Mr. Wallace requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving Amendment No. 3 to the Phillips-Jackson Street Redevelopment Plan. The bill was approved by the Planning Commission, Federal Grants Review and Planning, Zoning and Historical Committees. Mr. Wallace requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON PUBLIC HEARING (THIRD 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, Zoning and Historical Committee. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Coleman 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, Jameson, Cole, Forkum, Ryman, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (31); "Noes" Gotto (1); "Abstaining" Brown (1).
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. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman 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, Jameson, Cole, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (32); "Noes" Gotto (1).
- RESOLUTIONS -
A resolution approving
an amendment to a grant from the Greater Nashville Regional Council to The Metropolitan
Government of Nashville and Davidson County by and through the Metropolitan
Social Services Commission to provide personal care, homemaker, meal delivery,
and caregiver support services. The resolution was approved by the Budget and
Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved
to adopt the resolution, which motion was seconded and adopted by the following
vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock,
Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon,
Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander,
Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes"
(0).
The Clerk reported that the following bids were received on this date for sale of The Metropolitan Government of Nashville and Davidson County's $214,225,000 General Obligation Bonds, Series 2005C:
NAME OF BIDDER TRUE INTEREST COST
Banc
of America Securities LLC 4.328781%
Morgan
Stanley & Company Inc. 4.346390%
Merrill
Lynch & Company 4.347063%
Goldman,
Sachs & Company 4.353415%
Lehman
Brothers 4.354089%
Morgan
Keegan & Company Inc. 4.362717%
Citigroup
Global Markets Inc. 4.365003%
Prager,
Sealy & Co. LLC 4.366726%
A report on the bids received on The Metropolitan Government of Nashville and Davidson County's $214,225,000 General Obligation Bonds, Series 2005C, recommended acceptance of the bid of Banc of America Securities LLC at 4.328781%.
RESOLUTION NO. RS2005-1019
A resolution supplementing
and amending certain resolutions of The Metropolitan Government of Nashville
and Davidson County and awarding the sale of the Metropolitan Government's General
Obligation Bonds, Series 2005C.
Ms. McClendon offered a substitute resolution and moved that it be accepted
for filing, which motion was seconded and adopted without objection.
SUBSTITUTE RESOLUTION NO. RS2005-1019
A resolution supplementing and amending certain resolutions of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government's General Obligation Bonds, Series 2005C. The substitute resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution appropriating the amount of $27,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the County Clerk of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $500 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Transportation Licensing Commission of 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. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, to conduct a feasibility study for a cultural plan of Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, for general operating support of the Arts Commission. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution accepting an Arts Build Communities grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission. The resolution was approved by the Budget and Finance Committee with an amendment. 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 adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution approving an application for a grant from the Bill and Melinda Gates Foundation to The Metropolitan Government of Nashville and Davidson County for the benefit of the Nashville Public Library, to replace public access computers. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the sober ride project. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Dozier moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (32); "Noes" (0); "Abstaining" Adkins (1).
A resolution approving an application for a Fast Track Infrastructure Development Program grant from the Tennessee Department of Economic and Community Development to The Metropolitan Government of Nashville and Davidson County, pertaining to the relocation of the Fraternal Order of Police headquarters. The resolution was approved by the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution approving an agreement with the Grand Lodge Fraternal Order of Police regarding implementation and funding of a Fast Track Infrastructure Development Program grant. The resolution was approved by the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution approving an agreement with Purity Dairies Inc. regarding implementation and funding of a Fast Track Infrastructure Development Program grant. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution approving an application for a Fast Track Infrastructure Development Program grant from the Tennessee Department of Economic and Community Development to The Metropolitan Government of Nashville and Davidson County, regarding the relocation of Expressway Park Drive. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution authorizing an application to be made to the Tennessee Department of Transportation for assistance in the construction of an industrial access highway under the provisions of the Industrial Highway Act of 1959, for the relocation of Expressway Park Drive. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution approving the exercise of option agreements for the purchase of various properties located along Seven Mile Creek, for Water & Sewerage Services Department Project No. 02-D-149B (Proposal No. 2002M-111U-12). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution authorizing the Metropolitan Council Codes, Fair and Farmers Market Committee, and the Planning, Zoning and Historical Committee to conduct a joint investigation regarding the demolition of "Evergreen Place", being the former site of the Jim Reeves Museum, located at 5007 Gallatin Pike. The Planning, Zoning and Historical Committee disapproved the resolution; the Codes, Fair and Farmers Market Committee made no recommendation. Mr. Jameson moved to adopt the resolution, which motion was seconded. After discussion, Mr. Crafton called for the previous question, which motion was seconded and failed by a roll call vote of the Council. After further discussion, the matter recurred on the motion to adopt, which motion failed by the following vote: "Ayes" Tucker, Briley, Gilmore, Murray, Jameson, Cole, McClendon, Walls, Summers, Foster, Alexander, Williams (12); "Noes" Dozier, Dread, Isabel, Craddock, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Whitmore, Shulman, Kerstetter, Toler, Tygard (16); "Abstaining" Greer, Wallace, Crafton, Adkins, Wilhoite, Coleman, Bradley (7).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of The Metropolitan Government of Nashville and Davidson County against Clarence C. Hurt, for the payment of $17,500.00 to the Metropolitan Government. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution authorizing the Department of Law to accept $17,758.12 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's personal injury claim against Ron Walters. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
Mr. Wallace requested a suspension of the rules for consideration of one late resolution and no objection was made.
A resolution electing one member to the Board of Directors of the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2005-2006. 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 Section 2.104.040 of the Metropolitan Code of Laws related to the topping of trees within Davidson County. 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 amending Section 7.08.090 of the Metropolitan Code of Laws to exempt restaurants located within the same structure as another restaurant possessing a valid retailer's "on-sale" beer permit from the minimum distance requirements for the issuance of beer permits. 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 authorizing the Director of the Division of Public Property Administration and the Director of Parks and Recreation to accept, execute and record an agreement for grant of easements in favor of the Metropolitan Government for use in connection with development of the Harpeth River greenway (Proposal No. 2005M-127G-06). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter into a lease agreement with Greensboro I, a Tennessee Limited Partnership, for certain real property located at 804 Second Avenue South in Nashville, Tennessee (Proposal No. 2005M-181U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
BILL NO. BL2005-659
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. Mr. Briley offered a substitute bill and moved that it be accepted for filing, which motion was seconded. Mr. Greer moved to defer action on the bill, which motion was seconded. Mr. Adkins moved to table the motion to defer, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to defer, which motion failed by a roll call vote of the Council.
SUBSTITUTE BILL NO. BL2005-659
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. Mr. Summers moved to accept the substitute ordinance and defer the ordinance to the second meeting in November, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 16 of the Metropolitan Code of Laws by adopting a later edition of the National Electrical Code and amendments thereto, and adopting a later edition of the American National Standard Code of Accessible and Useable Buildings and Facilities, with certain amendments thereto. The bill was approved by the Codes, Fair and Farmers Market Committee. 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 second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of a new Fire Station in the Neely's Bend Road area (Proposal No. 2005M-174G-04). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Forkum 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 Planning, Zoning and Historical Committee. Mr. Tygard moved to defer the bill on third reading while issues continue to be addressed with the parties involved, 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 changing from R40 district to RM15 district properties located at 5731 River Road, River Road (unnumbered) and Charlotte Pike (unnumbered), at the southwest corner of River Road and Charlotte Pike (6.87 acres), all of which is described herein (Proposal No. 2003Z-148G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Dread, Gilmore, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Greer, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (27); "Noes" (0); "Abstaining" Tucker, Isabel, Crafton (3)..
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RM15 district property located at J.J. Watson Avenue (unnumbered), and Winston Avenue (unnumbered), west of Nolensville Pike, (4.57 acres), all of which is described herein (Proposal No. 2004Z-118U-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Foster moved to defer the bill, the bill being requested by Nader Karshenas, which motion was seconded and adopted by a voice vote of the Council.
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 and the Planning, Zoning and Historical Committee. Mr. Toler moved to defer the bill on third reading, the bill being requested by James C.D. Franks, 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. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, 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 R15 and R20 to RS15 and RS20 district various properties along both sides of Kirtland Avenue, Farrar Avenue, Hood Avenue, and Castleman Drive between Hillsboro Pike and Lone Oak Road (55.58 acres), all of which is described herein (Proposal No. 2005Z-119U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill indefinitely while the proposed re-zoning is being reviewed, 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 R15 to RS7.5 district property located at 4211-A Farrar Avenue (.45 acres), all of which is described herein (Proposal No. 2005Z-112U-10). The bill was disapproved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill indefinitely while questions continue to be addressed, the bill being requested by Adam Epstein - Castleman Partners, 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 making applicable the provisions to amend a portion of the Commercial Planned Unit Development district located at 4319 Sidco Drive along the west side of Sidco Drive, north of Harding Place, and along the west side of Interstate 65, to permit a 8,656 square foot addition to the existing 8,837 square foot retail use (1.33 acres), all of which is described herein (Proposal No. 155-79-U-11). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferment. Ms. McClendon moved to defer the bill indefinitely, the bill being requested by, MF3 Designs, P.C., which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 2 and Title 17 of the Metropolitan Code of Laws by amending Sections 2.104.040, 17.24.020, 17.24.030, 17.24.050, 17.24.080, 17.24.100, 17.24.150, 17.24.160, 17.24.210, 17.24.220, 17.24.230, 17.24.240 and 17.24.250 relating to tree topping and landscaping, buffering, and tree replacement, all of which is more particularly described herein (Proposal No. 2005Z-122T). The Planning Commission and the Planning, Zoning and Historical Committee recommended indefinite deferment. Mr. Loring moved to defer the bill on third reading indefinitely, which motion was seconded and adopted 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. The bill was approved by the Health, Hospitals and Social Services and Public Works Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
An ordinance authorizing the Director of the Division of Public Property Administration and the Director of Parks and Recreation, or his designee, to accept and record easements from The Donelson Christian, Inc. in favor of the Metropolitan Government for use in connection with development of the Stones River greenway (Proposal No. 2005M-145U-14). The bill was approved by the Planning Commission; Parks, Library, Recreation and Entertainment Facility; and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
An ordinance authorizing the Director of the Division of Public Property Administration and the Director of Parks and Recreation, or his designee, to accept and record easements from The Donelson Civitan Foundation in favor of the Metropolitan Government for use in connection with development of the Stones River greenway (Proposal No. 2005M-147U-14). The bill was approved by the Planning Commission; Parks, Library, Recreation and Entertainment Facility; and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).
An ordinance authorizing the Director of the Division of Public Property and the Director of Parks and Recreation, or his designee, to accept, execute and record an agreement accepting a grant of an easement with Unifirst Corporation on a parcel of property for use in the Mill Creek greenway system (Proposal No. 2005M-146U-14). The bill was approved by the Planning Commission; Parks, Library, Recreation and Entertainment Facility; and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).
An ordinance authorizing the Metropolitan Government to participate with Tiara Development to provide public sewer service in Williamson County to Willoment Subdivision, Phase Five, Project No. 04-SL-125. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).
An ordinance authorizing the Metropolitan Government to participate with Beazer Homes Corporation to provide public sewer service in Williamson County to Ballenger Farms, Phase Three, Project No. 05-SL-93. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).
An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville-Davidson County, for reimbursement of $42,711.00, plus reimbursement of training costs for Emergency Communications personnel. The bill was approved by the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (32); "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 Shelby Avenue, between 3rd Avenue South & 4th Avenue South to "Symphony Place" (Proposal No. 2005M-179U-09). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
- MEMORIALIZING RESOLUTIONS -
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly and the Davidson County Congressional Delegation to take the action necessary to impose a windfall profits tax on gasoline and diesel fuel. Mr. Crafton moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Development and Housing Agency to initiate an Adaptive Reuse Ordinance (ARO) pilot project for Dickerson Pike, East Trinity Lane, and Douglas Avenue. Ms. Murray moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting that The Metropolitan Government of Nashville and Davidson County join as a signatory to the U.S. Mayors Climate Protection Agreement, which strives to meet or exceed Kyoto Protocol targets for reducing global warming. The Health, Hospitals and Social Services Committee recommended deferment. Mr. Jameson moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Tennessee State Board of Education to include cardiopulmonary resuscitation (CPR) training as part of the required high school curriculum. The resolution was approved by the Education Committee. Mr. Dread moved to adopt the resolution, which motion was seconded and adopted by the following vote of the Council: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).
A resolution requesting the Metropolitan Nashville Police Department to enforce the existing fireworks ordinance, and requesting the Nashville Fire Department to increase its efforts to educate the public about the dangers of fireworks and injury prevention when using fireworks. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Alexander moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Nashville Police Department to refrain from handcuffing juveniles charged with violating the ordinance prohibiting loitering during school hours. The Public Safety-Beer and Regulated Beverages Committee recommended indefinite deferment. Ms. Gilmore moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Vice Mayor to establish a community task force to examine whether the Metropolitan Nashville Police Department should discontinue the use of Taser devices. The Public Safety-Beer and Regulated Beverages Committee recommended indefinite deferment. Ms. Gilmore moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
Upon motion duly
seconded, the meeting was adjourned.