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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 Reverend Denman Frazer of Andrew Price United Methodist 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, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (34); Absent: Burch, Walls, Crafton, Alexander, Kerstetter (5).
The Minutes of the regular meeting of February 7, 2006 were approved.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
The following proposed amendments to the Rules of Procedure of the Metropolitan Council were deferred to the next meeting:
Rule Nos. 1 and 25:
1. By amending Rule 1 by deleting "Announcements and extraordinary matters" from the regular order of business.
2. By amending the Table of Contents for Rule 25 by renaming it as "Honorarium resolution requirements and presentations; announcements and extraordinary matters".
3. By amending
Rule 25 by adding the following new paragraph:
"Announcements and extraordinary matters shall be held prior to all regularly
scheduled Council meetings from 6:30 p.m. to 7:00 p.m. The president pro tem
of the Council or his/her designee shall preside over such matters."
Rule No. 31:
Be deleting the first paragraph in its entirety and substituting in lieu thereof the following paragraph:
"Members
of the public may address the Council by a majority vote of the Council members
present. This
restriction does not apply to zoning matters where all parties concerned shall
be allowed to speak for two
minutes each, however, proponents and opponents shall be limited to a maximum
speaking time of twenty
minutes per side. The Council may by majority vote extend the foregoing time
limitation in increments
of ten minutes. The Metropolitan Clerk shall keep time in accordance with this
Rule."
- RESOLUTIONS -
RESOLUTION NO. RS2006-1140
A resolution consenting to the assignment of the Amended and Restated Lease for the Renaissance Nashville Hotel from RHOC Nashville Hotel, LLC (f/k/a CTF Nashville Hotel, LLC) to __________, a wholly-owned subsidiary of Highland Hospitality Corporation, LLC, and accepting the sum of $2,342,000 for the Landlord's participation in the profits of the assignment. Ms. McClendon offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE RESOLUTION NO. RS2006-1140
A resolution consenting to the assignment of the Amended and Restated Lease for the Renaissance Nashville Hotel from RHOC Nashville Hotel, LLC (f/k/a CTF Nashville Hotel, LLC) to HH Nashville, LLC, a Delaware limited liability company, an indirect wholly-owned subsidiary of Highland Hospitality Corporation, and accepting the sum of $2,342,000, less 20% of the closing costs, for the Landlord's participation in the profits of the transfer. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment. Mr. Summers moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating $582,000 in Community Development Block Grant Funds for Streetscape Improvements in the Scovel Street Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution appropriating $75,000 in Community Development Block Grant Funds for a Walking Track at Dudley Park in the Cameron Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. 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, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution appropriating $427,306 in Community Development Block Grant funds for the construction of site work and infrastructure improvements in the Sam Levy Target Area related to the redevelopment of the Sam Levy Homes. The resolution was approved by the Federal Grants Review Committee. Mr. Jameson 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, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution approving a fourth amendment to a grant from the State of Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County for the Davidson County Community Corrections Program. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from the University of Tennessee to The Metropolitan Government of Nashville and Davidson County, by and through the Human Resources Department, to provide professional development, supervisory, and management training for employees. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jameson 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, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution approving an application for the Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Dozier 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, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution approving a second amendment to a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for the purchase of domestic preparedness public safety equipment (No. Z-03-017740-02). 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution accepting a grant from Wal-Mart to The Metropolitan Government of Nashville and Davidson County for fire prevention programs. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution classifying public roads in Davidson County, Tennessee. The resolution was approved by the Public Works Committee. Mr. Toler 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, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Chynette Anderson-Gilkey against The Metropolitan Government of Nashville and Davidson County for the amount of $9,683.40 and directing that this amount be paid from the Self-Insured Liability Fund. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance naming the Howard Office Complex in honor of Richard H. Fulton. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Chapter 16.28 of the Metropolitan Code of Laws to allow building and demolition permits for property located within a Historic Overlay District to be renewable every six months regardless of whether work has commenced, and to make such permits transferable, all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Section 16.44.030 of the Metropolitan Code of Laws to prohibit construction noise in a residential area exceeding seventy Db(A) between the hours of nine p.m. and seven a.m. 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 to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a 110 feet of Cambridge Avenue right-of-way in front of Parcel 189 on Map 103-8 (Proposal No. 2005M-177U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning Alley #380 and Alley #381 right-of-way (Proposal No. 2005M-256U-10). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of 13th Avenue North right-of-way from Alley #611 to Interstate 40 (Proposal No. 2005M-175U-08). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with The Jones Company, to provide public sewer service in Williamson County to Bridgeton Park, Phase Five Subdivision Project No. 04-SL-185. 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 authorizing the acquisition of certain easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project No. 06-R-01, improvements at Demonbreun Street from 8th Avenue South to 10th Avenue South (Proposal No. 2006M-016U-09). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission; Budget and Finance; Public Works; and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 05-SG-0107, Green Street Sanitary Sewer Extension (Proposal No.2005M-169U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance; Public Works; and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of certain easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project No. 06-R-02, Neely's Bend Road intersection improvements (Proposal No. 2006M-015G). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission; Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance approving the disposition of a parcel of surplus property located at 5880 Eatons Creek Road, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2005M-183G-01). 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 approving the disposition of a certain parcel of surplus property located at 5022 Old Hydes Ferry Pike, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2005M-184G-03). 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 abandoning an 8" sanitary sewer line and easement that will be replaced by a 8" sanitary sewer line and easement, that is shown on Map 034-07, Parcel 034.00, Lots 1 thru 11, Project 04-SL-0150, Harbor Village, Phase 3, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-263G-04). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance 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. Summers moved to defer the bill indefinitely for further discussion among Council members, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 10 (Health and Safety) of the Metropolitan Code of Laws providing regulations for temporary food establishments and mobile food vendors, all of which is more specifically described herein. The Codes, Fair and Farmers Market and Health, Hospitals and Social Services Committees recommended indefinite deferment. Mr. Dozier moved to defer the bill indefinitely, 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. Mr. Tygard moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council. Pursuant to Rule No. 22 of the Rules of Procedure of the Metropolitan Council, the bill was deferred indefinitely.
Without objection Bill Nos. BL2005-896 and BL2005-897 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 R20 to RM9 district properties located at 2201 Hobbs Road, 4207 and 4211 Stammer Place and 2200 Castleman Drive (2.34 acres), all of which is described herein (Proposal No. 2005Z-099U-10). The bill was re-referred to the Planning Commission and approved by the Planning, Zoning and Historical Committee.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development district properties located at 2201 Hobbs Road, 4207 and 4211 Stammer Place, and 2200 Castleman Drive (2.34 acres), on the south side of Hobbs Road, the west side of Stammer Place, and north side of Castleman Drive, to permit the development of 20 multi-family units, all of which is described herein (Proposal No. 2005P-019U-10). The bill was re-referred to the Planning Commission and approved by the Planning, Zoning and Historical Committee.
Ms. Williams moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of an Institutional Overlay District to various properties located between Gallatin Pike and Emmett Avenue, and between McClurkan Avenue and Douglas Avenue, (35.73 acres), all of which is described herein (Proposal No. 2005P-029U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Public Works Committee; the Budget and Finance Committee recommended deferment. Mr. Dozier moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a sanitary sewer easement, that is shown on Map 93-13, Parcel 121.00, Project 05-SG-0014, Nashville Urban Partners, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-225U-09). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation, for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 03-D-0514, Holt Road (Proposal No.2005M-157G-12). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation, for purposes of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project No. 02-SG-77/02-WG-69, Bell Road at Smith Springs Road at J. Percy Priest Lake, Tract Nos. 737, 741, 742, and 755 granted by the Department of Army, Corps of Engineers (Proposal No. 2005M-100U-13). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees. Ms. Wilhoite moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by a 8" sanitary sewer line, easement, 8"water main, and a 2" connection, that is shown on Map 104-01, Parcel 263.00, Project 05-SL-77 and 05-WL-89, West End Station, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-223U-07). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by an 8" sanitary sewer line and easement by plat, that is shown on Map 104-09, Parcel 166.00, Project 05-SL-0120, Nelley Residence Sewer, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-210U-10). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 20 foot sanitary sewer easement, that is shown on Map 147-04, Parcel 183.00, Project 05-SG-0021, Wallace Road Medical Building, and authorizing the execution of the documents to carry out the abandonment (Proposal No.2005M-224U-12). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Adkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 36" sanitary sewer line and easement by plat that will be replaced by a 36" sanitary sewer line and easement by plat that is shown on Map 90, Parcel 007.00, Project 05-SL-116, Reo Stone, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-213U-07). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, in Williamson County, initially with relation to Project No. 05-SG-22, Concord Forest, Forest Trail grinder pumps (Proposal No. 2005M-140). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 4560 Trousdale Drive, 4119 Sneed Road, Woodland Street, 2215 Garland Avenue, 695 Grassmere Park, 254 Spence Lane, 1221 18th Avenue South, and 6120 Mt. View Road. The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with LEGG Investments to provide public sewer service in Davidson County to Mill Creek Town Center, Sewer Project No. 05-SL-32. The bill was approved by Budget and Finance and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning an 8" sanitary sewer, 8" water line and easement that will be relocated in the right-of-way on Bedford Avenue, that is shown on Map 117-14, Parcels11-31 and 104-113, Project 04-SL-91 and 04-WL-79, Bedford Avenue/Abbott Martin Road, and authorizing the execution of the documents to carry out the abandonment and relocation (Proposal No. 2004M-112U-10). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 2.10 of the Metropolitan Code of Laws to provide for the creation and implementation of a "Nashville KNOWS" program. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Shulman 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 re-referred to 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 re-referred to the Planning Commission and approved by the Planning, Zoning and Historical Committee.
Ms. McClendon moved to defer the bills, the bills being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2005-763
An ordinance amending Title 17 of the Metropolitan Code of Laws by amending Sections 17.24.020, 17.24.030, 17.24.080, 17.24.100, 17.24.150, 17.24.160, 17.24.210, 17.24.220, 17.24.230 and 17.24.240 relating to tree topping and landscaping, buffering, and tree replacement, all of which is more particularly described herein (Proposal No. 2006Z-017T). The bill was re-referred to the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferment. Mr. Loring moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.720 pertaining to the public notification requirements for public hearings conducted by the Board of Zoning Appeals, all of which is more particularly described herein (Proposal No. 2005Z-153T). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on third reading, which motion was seconded. Ms. Williams moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development located at 2329 Castleman Drive on the southeast corner of Castleman Drive and Lindawood Drive (0.92 acres) to permit two single-family lots, all of which is described herein (Proposal No. 2005P-024U-10). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferment. Ms. Williams moved to defer the bill indefinitely, the bill being requested by Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2005-908
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 RM60 district properties located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, approximately 550 feet east of Harding Pike (1.66 acres), all of which is described herein (Proposal No. 2005Z-168U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2005-908
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 properties located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, and 111, 113 and 115 Kenner Avenue, approximately 550 feet east of Harding Pike, (to permit for 34 multi-family units and 3 single-family lots) all of which is described herein (Proposal No. 2005SP-168U-10). Mr. Summers 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, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (28); "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 making applicable the provisions of a Planned Unit Development District property located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, and 111, 113 and 115 Kenner Avenue, approximately 550 feet east of Harding Pike, (to permit for 34 multifamily units and 3 single-family lots) all of which is described herein (Proposal No. 2005P-032U-10). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Summers moved to defer the bill indefinitely, the bill being requested by Barge, Waggoner, Sumner & Cannon, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance Committee. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
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, Budget and Finance, Education, and Planning, Zoning and Historical Committees. 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, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "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 changing the name of McIver Street between Gallatin Pike and Burrus Street to "Hunters Meadow Lane" (Proposal No. 2005M-106U-05). The bill was approved by the Planning Commission; Emergency Communications District Board; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Hart 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, White, Loring, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).
An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-VV and described below (Proposal No. 2005M-262). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Without objection, Mr. Greer moved to suspend the rules to amend the bill on third reading. Mr. Greer offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Greer moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
An ordinance abandoning an 8 inch water line and easement that will be replaced by an 8 inch water line, that is shown on Map 161, Parcels 260 and 265, Project 05-WL-0117, Nipper's Corner Phase Two, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-197U-12). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Foster 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, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
An ordinance abandoning an 8 inch sanitary sewer line and easement that will be converted to a private sanitary sewer line, that is shown on Map 081-08, Parcel 109.00, Project 05-SG-88, Jones Paideia, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-134U-08). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
An ordinance abandoning a 8" sanitary sewer line and easement that will be replaced by a 8"sanitary sewer line and easement, that is shown on Map 104-2, Parcels 140-142.00, Project 05-SL-0109, Park West Court/Long Boulevard, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-195U-10). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
An ordinance abandoning a 18" water line and easement that will be replaced by a 18" water line and easement, that is shown on Map 104-02, Parcels 057.00 and 058.00, Project 05-WL-0022, Graymont Park Abandonment and Relocation, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-141U-10). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
Pursuant to a recommendation of the Executive Committee, Mr. Ryman moved that the public hearing meetings of the Metropolitan Council begin at 6:00 p.m., which motion was seconded and adopted by a unanimous vote of the Council. This change will become effective with the May 2006 public hearing.
- MEMORIALIZING RESOLUTIONS -
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to repeal T.C.A. Section 39-17-1551. The Health, Hospitals and Social Services Committee recommended deferment. Ms. Gilmore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council. The resolution was approved by the Health, Hospitals and Social Services Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution requesting the Metropolitan Historical Commission to increase their efforts in applying for state, federal, and nonprofit grants to restore historic properties in Nashville, and to provide periodic updates to the Council regarding such efforts. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (30); "Noes" (0).
A resolution requesting the Tennessee Department of Transportation to paint the undersection of the three bridges on Interstate 40 at Clifton Avenue, Batavia Street, and 28th Avenue North. The resolution was approved by the Public Works Committee. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Whitmore, Summers, Shulman, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (29); "Noes" (0); "Abstaining" Adkins (1).
A resolution requesting the Tennessee Department of Transportation to install noise abatement walls along Interstate 40 between 46th Avenue North and 18th Avenue North. The resolution was approved by the Public Works Committee. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, McClendon, Hausser, Wallace, Whitmore, Summers, Shulman, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (27); "Noes" (0); "Abstaining" Adkins (1).
A resolution requesting the Tennessee Department of Transportation and the Metro Department of Public Works to make roadway and infrastructure improvements along 28th Avenue North between Interstate 40 and Charlotte Avenue to improve the flow of traffic and protect the safety of the community. The resolution was approved by the Public Works Committee. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (30); "Noes" (0); "Abstaining" Adkins (1).
Without objection the rules were suspended for consideration of one (1) late resolution.
A resolution recognizing March 1-3, 2006, as "Read Across America" in Nashville, Tennessee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (29); "Noes" (0).
Upon motion duly
seconded, the meeting was adjourned.