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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 Pastor Ken Castleberry of Parkway Baptist 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (38); Absent: McClendon (1).
The Minutes of the meeting of December 6, 2005, were approved.
- ELECTIONS AND CONFIRMATIONS -
Action
Commission
Reappointment of Dr. Calvin Atchison for a term expiring December 1, 2008. At
the request of the appointee, the nomination was deferred to the second meeting
in January.
Alarm
Appeals Board
Reappointment of Ms. Linda Lively for a term expiring November 4, 2007. Ms.
Lively is the nominee of the security alarm industry. 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.
Reappointment of Ms. Paula Rucker for a term expiring November 4, 2007. At the request of the appointee, the nomination was deferred to the second meeting in January.
Reappointment of Mr. Kim Thompson for a term expiring November 4, 2007. 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 Ms. D. Billye Sanders for a term expiring March 31, 2007. 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.
Community
Corrections Advisory Board
Reappointment of Ms. Janet Page for a term expiring October 1, 2007. Ms. Page
is the nominee of the State Board of Probation and Parole. 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.
Historical
Commission
Reappointment of Ms. Ann Eaden for a term expiring August 10, 2009. At the request
of the appointee, the nomination was deferred to the second meeting in January.
Metropolitan
Development and Housing Agency
Reappointment of Ms. Leigh Walton for a term expiring November 5, 2010. At the
request of the appointee, the nomination was deferred to the second meeting
in January.
Solid
Waste Region Board
Reappointment of Mr. Robert Diehl for a term expiring December 31, 2006. 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.
Sports
Authority
Reappointment of Ms. Lauren Brisky for a term expiring October 19, 2011. 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.
Reappointment of Mr. Ed Temple for a term expiring October 19, 2011. 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.
Stormwater
Management Committee
Reappointment of Mr. Walter Davidson for a term expiring October 31, 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.
Reappointment of Mr. Ronald Merville, Jr. for a term expiring October 31, 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.
Wastewater
Hearing Authority
Reappointment of Mr. Pat Harrell for a term expiring October 1, 2007. Mr. Harrell
will serve as the tributary utility district representative. 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.
Work
Release Commission
Appointment of Rev. Vincent Campbell for a term expiring January 1, 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.
Appointment of Mr. Thomas Hunter for a term expiring January 1, 2010. At the request of the appointee, the nomination was withdrawn.
Appointment of Mr. Don Purdy for a term expiring January 1, 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.
Appointment of Ms. Dorcas Sheffield for a term expiring January 1, 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.
- BILL ON PUBLIC HEARING -
An ordinance approving Amendment No. 5 to the Rutledge Hill Redevelopment Plan. The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee; the Federal Grants Review Committee recommended deferment Mr. Jameson requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- RESOLUTIONS -
A resolution appropriating Seventy-Five Thousand Dollars ($75,000) from the Unappropriated Fund Balance of the General Services District to fund a Best Practices Study for the Metropolitan Council. 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 of the Council: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution appropriating $50,000 from the Contingency Account of the General Fund of the General Services District to a reserve account for the Metropolitan Historical Preservation Trust Fund. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Dread, Gilmore, Craddock, Murray, Cole, Forkum, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Foster, Alexander, Kerstetter, Coleman, Bradley, Williams, Tygard (25); "Noes" Tucker, Briley, Isabel, Ryman, Shulman, Adkins (6); "Abstaining" Jameson, Hart, Greer, Wilhoite (4).
A resolution authorizing The Shop Trust, LLC to install, construct and maintain an awning hanging above the sidewalk at 2600 12th Avenue South, facing Montrose Avenue (Proposal No. 2005M-232U-10). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee recommended deferment. Mr. Greer 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, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution appropriating the amount of $6,500 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Municipal Auditorium Commission of The Metropolitan Government of Nashville and Davidson County. 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, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution appropriating the amount of $5,700 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Election Commission of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Rules-Confirmations-Public Elections 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, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution appropriating the amount of $15,300 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Historical Commission of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical 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, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution appropriating the amount of $13,500 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Law 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution appropriating the amount of $117,500 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Emergency Communications Center of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee; the Public Safety-Beer and Regulated Beverages 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 the amount of $5,251,100 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Finance 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution appropriating the amount of $3,243,800 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Information Systems Department 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution accepting a grant from the Tennessee Department of Human Services to The Metropolitan Government of Nashville and Davidson County for operation of the Tennessee Career Center. 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, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution transferring $50,000 from the Community Impact EITC appropriation in BL2005-663 to the appropriation to United Way Family Resource Center. 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, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution accepting
a grant from the Community Foundation of Middle Tennessee, to The Metropolitan
Government of Nashville and Davidson County for the benefit of the Nashville
Public Library, to provide literacy and GED tutoring.
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, Greer,
Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander,
Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "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 a firefighter wellness program. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Dozier 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 Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for acquisition and demolition of one flood-prone property located at 5008 West Durrett Drive. The resolution was approved by the Budget and Finance Committee and Public Works Committees. Mr. Foster 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, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
A resolution authorizing the Department of Law to accept $8,911.24 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's property damage claim against Arthur Ralston. 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, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Section 16.28.040 of the Metropolitan Code of Laws to prohibit the issuance of a building permit if the applicant or property owner has been found guilty within the past twelve months of demolishing a historic structure without obtaining a preservation permit from the Historic Zoning Commission. 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
the Metropolitan Code of Laws to provide for the reimbursement of overpayments
made by customers for water and sewer services. Upon motion duly seconded, the
bill passed first reading and was referred to the
Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance approving and authorizing the General Services Department to accept a donation of furniture and equipment from Davidson County Community Services Agency. 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 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 high school in the Old Hickory Boulevard & I-24 East area, for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2005M-217G-13). 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, Education and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing
the Director of Public Property to transfer certain permanent sewer line easements
of record in Williamson County to the City of Brentwood via quitclaim deed;
Easement 20-18, Book 1735, Page 1, Easement 20-19, Book 1693, Page 985, and
Book 10973, Page 46, Easement 20-20, Book 1787, Page 78, and all other easements
indicated in the agreement signed between the City of Brentwood and the Metropolitan
Government on February 3, 1998.
Upon motion duly seconded, the bill passed first reading and was referred to
the Public Works 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 and OR20 to CS district properties located at 4605 Georgia Avenue and 600, 602, 606, 608 and 610 47th Avenue North (1.24 acres), all of which is described herein (Proposal No. 2005Z-152U-07). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending the Metropolitan Code of Laws to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to defer the bill as amended, 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 R8 to CS district property located at 3035 Brick Church Pike (1.46 acres), all of which is described herein (Proposal No. 2005Z-129U-02). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Tucker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2005-828 and BL2005-829 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 R10 to RM6 district portions of properties located at 3549 Brick Church Pike and Westchester Drive (unnumbered) (55.74 acres), all of which is described herein (Proposal No. 2005Z-134G-02). 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 Residential Planned Unit Development, located at 3549 Brick Church Pike and Westchester Drive (unnumbered) to permit the development of 136 single-family lots 29 two-family lots (58 units), 25 assisted-living units (75 beds), and 152 multi-family units, all of which is described herein (Proposal No. 2005P-023G-02). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Ms. Tucker moved to pass the bills 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 pertaining to ethical standards for Members of Council and disclosure of interests, all of which is more specifically described herein. Mr. Tygard moved to withdraw the bill, since legislation has already been enacted on standards of conduct for Council members, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 4.12.095 of the Metropolitan Code of Laws relating to privatization contracts by changing the definition of "privatizing governmental services", requiring approval of such contracts by ordinance, and prohibiting certain individuals or firms from being eligible for such contracts, providing employment opportunity for displaced Metro employees, and required information being provided to the Council. The bill was approved by the Budget and Finance Committee with an amendment. 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 amending Section 16.28.040 of the Metropolitan Code of Laws to prohibit the issuance of a building permit if the applicant or property owner has been found guilty within the past twelve months of violating a stop work order issued by the Department of Codes Administration or violating T.C.A. § 7-51-1201. The bill was approved by the Codes, Fair and Farmers Market Committee. In the absence of the sponsor, Mr. Tygard moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 2.96.020 of the Metropolitan Code of Laws to place a member of the Council Public Safety Committee on the Safety Advisory Board. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 12.72.080 of the Metropolitan Code of Laws to allow owners of stolen motor vehicles to remove their vehicles from the tow-in lot without paying a storage fee. The bill was approved by the Budget and Finance Committee with an amendment. The Budget and Finance Committee recommended approval and indefinite deferment; the Public Safety-Beer and Regulated Beverages Committee recommended indefinite deferment. Ms. Gilmore moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of certain property at Parcel ID 90000000370 in fee simple by negotiation or condemnation, and declaring surplus and authorizing the transfer of certain property located at Map 93-06, Parcel 41, Map 93-07, Parcels 35, 36, 37, 41, and 41.01, and Parcel ID 90000000370 by The Metropolitan Government of Nashville and Davidson County to the Industrial Development Board (Proposal No. 2005M-220U-09). The Budget and Finance; Parks, Library, Recreation and Entertainment Facility; and Planning, Zoning and Historical Committees recommended deferment. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a Memorandum of Understanding by and among the Metropolitan Government, the Metropolitan Development and Housing Agency, the Industrial Development Board, Struever Bros. Eccles & Rouse Development Holdings LLC, and the Nashville Sounds Baseball Club Limited Partnership, providing for future approvals by Resolution, and designating the Industrial Development Board as responsible for the stadium and as a comparable municipal agency to receive certain sales tax revenues pursuant to Tennessee Code Annotated Section 67-6-103(d)(1)(A) (Proposal No. 2005M-219U-09). The Budget and Finance; Parks, Library, Recreation and Entertainment Facility; and Planning, Zoning and Historical Committees recommended deferment. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2005M-221). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapters 6.12 of Title 6 of the Metropolitan Code of Laws to add permitting provisions for after hours establishments. The Budget and Finance Committee and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Dread moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 15.68.030 of the Metropolitan Code of Laws concerning testing, maintenance, and operation of private water hydrants for fire protection. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance naming the newly constructed Gateway Bridge the "Korean War Veterans Memorial Bridge". The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
Without objection Bill Nos. BL2005-565 and BL2005-566 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 RS5 to CS district property at 104 Glenrose Avenue, approximately 225 feet east of Foster Avenue, (0.27 acres), all of which is described herein (Proposal No. 2004Z-163U-11). The bill was disapproved by the Planning Commission 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 for a Planned Unit Development district property located at 104 Glenrose Avenue, east of Foster Avenue (0.27 acres) to permit a 911 square foot office retail use in an existing building, all of which is described herein (Proposal No. 2004P-038U-11). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.
Ms. Neighbors moved to defer the bills on third reading, the bills being requested by Dale and Associates, 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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0); "Abstaining" Neighbors (1).
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 IWD district property located at Old Hickory Boulevard (unnumbered), approximately 2,300 feet north of I-24 West (64.23 acres), all of which is described herein (Proposal No. 2005Z-082G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman 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, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (36); "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 RS10 district a portion of properties located at 5791 Cane Ridge Road and Cane Ridge Road (unnumbered) (57.95 acres), all of which is described herein (Proposal No. 2005Z-066G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (31); "Noes" Greer (1); "Abstaining" Neighbors, Dread, Whitmore (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 R10 to SP district property located at 2643 Smith Springs Road (0.21 acres), all of which is described herein (Proposal No. 2005Z-110U-13). The bill was disapproved by the Planning Commission and approved by the 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, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
An ordinance naming the proposed plaza in front of the Metropolitan Courthouse in honor of Richard H. Fulton. The bill was approved by the Parks, Library, Recreation and Entertainment Facility; Rules-Confirmations-Public Elections; and Planning, Zoning and Historical Committees. Mr. Ryman moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the disposition of a parcel of surplus property located at 1822 Pearl Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2005M-182U-08). The bill was approved by the Planning Commission; Budget and Finance; Education; and Planning, Zoning and Historical Committees. 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 authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review 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, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
President Pro Tempore Ryman assumed the chair at this time.
An ordinance to amend the Metropolitan Code of Laws to address the hoarding of animals in poor sanitary conditions. The bill was approved by the Health, Hospitals and Social Services Committee. Mr. Cole 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, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
SUBSTITUTE BILL NO. BL2005-863
An ordinance amending Title 16 of the Metropolitan Code by amending section 16.28.190 relative to demolition permits for historic structures. The substitute bill was approved by the Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees. Ms. Murray moved to withdraw the bill at the request of the administration, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 7.08.105 of the Metropolitan Code of Laws pertaining to the notice requirements for holders of caterer's beer permits. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Dread moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Briley, Dread, Isabel, Murray, Cole, Hart, Brown, Gotto, White, Hausser, Wallace, Whitmore, Shulman, Adkins, Foster, Alexander, Kerstetter, Coleman, Bradley, Williams, Tygard (22); "Noes" Tucker, Walls, Crafton, Wilhoite (4); "Abstaining" Gilmore, Craddock, Jameson, Forkum, Burch, Greer (6).
An ordinance to amend Metropolitan Code of Laws Section 15.12.020 and Section 15.48.020 by eliminating the requirement for separate written contracts between the Department of Water and Sewerage Services and its customers, and by authorizing customers to discontinue service upon oral notice. The bill was approved by the Public Works Committee. 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, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
An ordinance to permit a change in control of the telecommunications franchise granted to MCImetro Access Transmission Services LLC by Ordinance No. 094-1192 caused by the Plan of Merger by and among Verizon Communications, Inc., Eli Acquisition, LLC and MCI, Inc. The bill was approved by the Budget and Finance Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Gilmore, Murray, Jameson, Cole, Forkum, Brown, Gotto, Burch, White, Loring, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Alexander, Kerstetter, Coleman, Bradley, Williams, Tygard (25); "Noes" Greer (1); "Abstaining: Wallace, Wilhoite (2).
An ordinance authorizing the Director of Public Property, or his designee, and the Director of Parks and Recreation, or his designee, to accept and record an easement in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on a certain parcel of property located on portions of the Cheatham Lock and Dam Project for use in the Cumberland River greenway system (Proposal No. 2005M-218U-05). The bill was approved by the Planning Commission; Parks, Library, Recreation and Entertainment Facility; and Planning, Zoning and Historical Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
An ordinance authorizing the acquisition of easements by negotiation or condemnation for use in Public Works Project Number 05-R-05, Smith Springs Parkway Extension from Paddington Way to Arvington Way, a public project of the Metropolitan Government (Proposal No. 2005M-222U-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, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5997, Supplement # 1 with the State of Tennessee, Department of Transportation, Project No. BR-STP-45 (17); 19045-3238-94, SR-45 Bridge & Approaches over Whites Creek (LM 0.97) located in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Tucker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "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 #912 from 30th Ave South southwest to a dead end (Proposal No. 2005M-142U-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, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
President Gentry re-assumed the chair at this time.
- MEMORIALIZING RESOLUTIONS -
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 resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Hart moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Cole, Hart, Forkum, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (31); "Noes" (0).
A resolution requesting Governor Phil Bredesen, the Davidson County Delegation to the Tennessee General Assembly, and the entire Tennessee General Assembly to take the action necessary to increase taxes on tobacco, beer, and liquor, and earmark these additional funds for local education and public safety functions. The resolution was approved by the Education and Public Safety-Beer and Regulated Beverages Committees; the Budget and Finance Committee approved and recommended deferment. Mr. Wallace 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 and the entire Tennessee General Assembly to take the action necessary to amend the Tennessee Constitution to allow a portion of the lottery revenue generated in each county to be designated for local schools, police and fire functions. The resolution was approved by the Budget and Finance; Education; and Public Safety-Beer and Regulated Beverages Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote of the Council: "Ayes" Dozier, Dread, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams (27); "Noes" (0).
A resolution requesting the Mayor and the Director of Finance to offer an early retirement buyout for Metropolitan Government employees. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote of the Council: "Ayes" Dozier, Dread, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams (27); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to designate the crimes of public indecency and indecent exposure as felonies when such acts are committed within 1,000 feet of a school, park or playground. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote of the Council: "Ayes" Dozier, Dread, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams (27); "Noes" (0).
A resolution requesting
the Mayor's Office, the Finance Department, and the General Services Department
to review the requirements and take steps, if appropriate, to consider participating
in the Courthouse Campaign sponsored through the National Association of Counties.
The Budget and Finance Committee recommended deferment. Mr. Shulman moved to
defer the resolution, which motion was seconded and adopted by a voice vote
of the Council.
RESOLUTION NO. RS2005-1093
A resolution requesting the Mayor and the Chief of Police to examine the feasibility of constructing a police precinct in southeast Davidson County, and to consider reassigning additional officers to patrol the southeastern portion of the county. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Wilhoite 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
A resolution requesting the Metropolitan Nashville Police Department to increase its efforts to educate the public about gangs. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Gilmore 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
A resolution requesting the Director of Finance, the Director of Public Property Administration, and the Director of the Department of General Services to provide the Metropolitan Council with certain information regarding the parking spaces under the control of the Metropolitan Government. The resolution was approved by the Traffic and Parking Committee. Mr. Wallace 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
A resolution requesting the Mayor, the Director of Finance, and the Director of Public Property Administration to take the action necessary to provide additional public parking in the riverfront area. The Traffic and Parking Committee recommended deferment. The Traffic and Parking Committee recommended indefinite deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Board of Public Education and the Director of Schools to make twenty percent of all teachers' salaries incentive-based. The Education Committee recommended deferment. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Mayor, the Director of Finance, and the Director of Purchasing to suspend the awarding of any government contract until all of the disparity study recommendations have been fully implemented. The resolution was disapproved by the Budget and Finance Committee. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Mayor, the Director of Finance, and all departments and agencies of the Metropolitan Government to provide the Council with information regarding the amount of a five percent reduction in each department's budget and the effect such a reduction would have. 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 of the Council: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
A resolution stating the Metropolitan Council's affirmation and support of the use of the words "Christmas or Merry Christmas" when referring to Metro Government events or activities traditionally associated with Christmas. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Crafton 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).
Upon motion duly
seconded, the meeting was adjourned.