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Minutes
Metropolitan
Council Meeting
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Minutes
Metropolitan
Council Meeting
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The invocation was offered by Councilmember Billy Walls.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard and President Gentry (37); Absent: (0).
The Minutes of the regular meeting of May 4, 2006, were approved.
- ELECTIONS AND CONFIRMATIONS -
The President called for an election to fill a vacancy on the Metropolitan Board of Public Education from School District 5 as required by law. Nominations filing by the filing deadline were: Kay Brooks, Gracie Porter, Richard Tennent, and Charles Townsend. The nominations of Messrs. Tennent and Townsend were subsequently withdrawn. Mr. Adkins reported that the Rules-Confirmations-Public Elections Committee had interviewed the two remaining candidates and found both qualified to serve. The President called for the vote, which was recorded as follows: Brooks - Dozier, Dread, Craddock, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Wallace, Whitmore, Crafton, Foster, Alexander, Toler, Tygard (18); Porter - Neighbors, Tucker, Briley, Gilmore, Isabel, Murray, Jameson, Cole, Greer, Hausser, Walls, Summers, Shulman, Adkins, Wilhoite, Coleman, Williams (17). The President announced that Ms. Brooks had been elected to fill vacancy on the Metropolitan Board of Public Education for School District 5.
Alarm
Appeals Board
Appointment of Mr. Charles Scott for a term expiring November 4, 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
Access Television Special Committee
Appointment of Ms. Marcie Smeck for a term expiring March 1, 2009. Without objection,
the nomination was deferred to June 6, 2006.
Community
Corrections Advisory Board
Appointment of Ms. Eileen Parrish for a term expiring August 31, 2006. 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.
Board
of Equalization
Appointment of Mr. Will Cheek for a term expiring April 1, 2008, as a General
Services District representative. Without objection, the nomination was deferred
to June 6, 2006.
Reappointment of Mr. Charles W. Cook, Jr. for a term expiring April 1, 2008, as an Urban Services 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.
Appointment of
Mr. Mark Deutschmann for a term expiring April 1, 2008, as an Urban Services
District representative.
Without objection, the nomination was deferred to June 6, 2006.
Human Relations Commission
Reappointment of Mr. German Castro for a term expiring April 18, 2009. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Adkins moved for confirmation,
which motion was seconded and adopted by the following vote: "Ayes"
Dozier, Neighbors, Briley, Dread, Gilmore, Murray, Jameson, Cole, Forkum, Ryman,
Brown, Gotto, Burch, White, Loring, Greer, Hausser, Walls, Whitmore, Summers,
Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams (27); "Noes"
Isabel, Tygard (2); "Abstaining" Tucker, Craddock, Hart, Wallace,
Crafton, Alexander (6).
Reappointment of Ms. Jen-Jen Lin for a term expiring April 18, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Father Charles Strobel for a term expiring April 18, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Planning
Commission
Appointment of Mr. Phil Ponder for a term expiring March 31, 2010. 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.
Public
Library Board
Appointment of Dr. Reavis Mitchell for a term expiring April 6, 2013. Without
objection, the nomination was withdrawn.
Appointment of Mr. Byron Trauger for a term expiring April 6, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Social
Services Commission
Reappointment of Ms. Gwendolyn Harris for a term expiring April 3, 2011. 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.
Transit
Authority
Reappointment of Ms. Marian Ott for a term expiring May 1, 2011. 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.
Zoning
Appeals Board
Appointment of Mr. David Ewing for a term expiring February 26, 2009. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation,
which motion was seconded and adopted by the following vote: "Ayes"
Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Craddock, Murray, Jameson,
Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser,
Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite,
Toler, Coleman, Tygard (32); "Noes" (0); "Abstaining" Isabel,
Summers, Williams (3).
- RESOLUTIONS -
A resolution appropriating One Million Eight Hundred Thousand Dollars ($1,800,000) from the Unappropriated Fund Balance of the General Fund of the General Services District to Nashville Alliance for Public Education, Inc. to provide funding for technology and science equipment for use in public schools. The resolution was approved by the Education Committee; the Budget and Finance Committee recommended indefinite deferment. Mr. Tygard moved to defer the resolution indefinitely, which motion was seconded and adopted by a roll call vote of the Council.
Without objection Resolution Nos. RS2006-1259 and BL2006-1309 were considered together.
A resolution appropriating $30,000 for the Metropolitan Board of Health pursuant to a grant from the U.S. Environmental Protection Agency for the characterization of ambient concentrations of hazardous air pollutants. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving an amendment to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County for characterization of concentrations of air pollutants. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
Ms. McClendon moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "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 resolution was approved by the Charter Revision Commission; the Charter Revision Committee recommended indefinite deferment. Mr. Foster moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
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 resolution was approved by the Charter Revision Commission; the Charter Revision Committee recommended indefinite deferment. Mr. Foster moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the execution, terms, issuance, sale and payment of general obligation bonds in the aggregate principal amount of not to exceed $203,780,000 of The Metropolitan Government of Nashville and Davidson County (Tennessee) and amending Substitute Resolution No. RS2006-1269, adopted April 18, 2006. 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution approving an amendment to a lease by and between The Metropolitan Government of Nashville and Davidson County and W.S. Investment Holdings, L.P. for the use of roof space (2006M-070U-09). The resolution was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution approving a grant from Forensic Medical Management Services, PLC, to the Board of Health of The Metropolitan Government of Nashville and Davidson County for professional evaluation of services provided by the operator of the medical examiner's office. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution approving a grant from the Campus for Human Development to the Board of Health of The Metropolitan Government of Nashville and Davidson County for services to homeless persons. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution approving a grant agreement by and between the Metropolitan Board of Health and Oasis Center for Oasis Center to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution accepting a grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the resurfacing of Cowan Street. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Murray moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0); "Abstaining" Adkins (1).
A resolution accepting a grant from Vanderbilt University to The Metropolitan Government of Nashville and Davidson County for planning and implementation of a School to Career program for youth. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution appropriating the amount of $3,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Council of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution authorizing the Department of Law to accept $10,150.03 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's personal injury claim against Vattakkattil Ashokan. 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to accept $11,984.03 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's claim against Suprena Grear. 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to accept $12,042.00 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's claim against Randolph Wachs. 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
A resolution authorizing West End Restaurants to install, construct and maintain a metal canopy extending three feet from the building envelope beyond the property line and ten feet above the sidewalk along West End Avenue (Proposal No. 2006M-056U-10). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee recommended deferment. Ms. Hausser moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing Stahlman Redevelopment Partners to install, construct and maintain an aerial encroachment of 5 foot x 8 foot flags at a 33 degree angle, 22 feet above sidewalk on 3rd Avenue North and on Union Street (Proposal No. 2006M-055U-09). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee recommended deferment. Mr. Jameson moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing Austin's Hallmark to install, construct and maintain an awning at 235 5th Avenue North (Proposal No. 2006M-059U-09). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Section 2.04.070 of the Metropolitan Code of Laws to place a minimum value of twenty-five dollars ($25.00) on the prohibition of Members of Council accepting food and/or beverages. Mr. Toler moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending the ability of taxicab drivers to discharge passengers in the farthest right lane of traffic when the curb is blocked by parked vehicles. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance granting the authority to the Metropolitan Transportation Licensing Commission to authorize taxicabs to charge a temporary fuel surcharge. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance amending Section 12.68.210 of the Metropolitan Code of Laws to prohibit the use of mobile telephones while driving, unless a hands free device is used. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance amending Section 13.32.120 of the Metropolitan Code of Laws to prohibit chain link fences along arterial and collector streets. 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 amending Section 16.04.090 of the Metropolitan Code of Laws to require property owners to obtain permit bonds for certain residential building construction and repairs. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance amending Section 16.24.190 of the Metropolitan Code of Laws regarding the prosecution for repeat violations of the Property Standards Code. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws to limit the duration portable storage units may be on residential property. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance amending Section 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. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 1-A, Section 2, Project No. 05-SL-114A. 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 Metropolitan Government to participate with Pulte Homes, Tennessee LP, to provide public sewer service in Williamson County to Winterset Woods Section 3, Project No. 05-SL-184. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance abandoning a 15", 12" and an 8" sanitary sewer line and easement that will be replaced by a 15", 12" and an 8" sanitary sewer line and easement, that is shown on Map 161, Parcels 101-103, 105, 107, 112, and 189 and Map 162, Parcels 78-82, Project 05-SL-118, Wal-Mart, Nolensville Road, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-211U-12). 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.
An ordinance abandoning an 8" sanitary sewer line and easement and accepting a new 8" sanitary sewer line, fire hydrant, and easement, as shown on Map 104-9, Parcel 163.00, Project Nos. 04-SL-201 and 05-WL-19, Southgate Condominiums, and authorizing the execution of necessary documents (Proposal No. 2005M-095U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance abandoning an 18" sanitary sewer line and easement and authorizing the acceptance of an 18" sanitary sewer line and easement, all of which is shown on Map 102, Parcel 28 and part of Parcels 24 and 26, Project 05-SL-0203, Costco at Hillwood Plaza Shopping Center, and authorizing the execution of the documents necessary therefor (Proposal No. 2006M-002U-07). 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.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 557, 561, 564, and 568 Castlegate Drive, 710 and 712 Holder Drive, and Centennial Boulevard. 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.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2244 Hobson Pike, 1010 16th Avenue South, 401 McIver Street, 3101 Nolensville Pike, 3105 Nolensville Pike, 2323 Springdale Drive, 1101 18th Avenue South, 1103 18th Avenue South, 218 Crestview Drive, and 3821 West End Avenue. 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.
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 No. 04-D-0704, 3445 Hampton Avenue and 3435 Woodmont Boulevard (Proposal No. 2005M-187U-10). 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 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 No. 93-SC-25P, Richland Creek/Charlotte Pike Sewer System Rehabilitation (Proposal Nos. 2004M-118U-07 and 2006M-003U-07). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance declaring surplus and approving the disposition of a certain parcel of property, known as the Municipal Garage, by the Director of Public Property (Proposal No. 2006M-067U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, 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 the right-of-way and easement of Alley #439 from Compton Avenue to Alley #952 and by abandoning a portion of Alley #952 right-of-way only from Alley #439 eastward approximately 250 feet (Proposal No. 2006M-047U-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 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 RS20 zoning various properties located on Milesdale Drive and Milesdale Court, west of Lealand Lane (10.3 acres), all of which is described herein (Proposal No. 2006Z-060U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a Planned Unit Development district located at 3400 and 3410 Gallatin Pike to permit the addition of 0.37 acres and a new fuel center with 5 pumps and service kiosk (5.74 acres total), all of which is more particularly described herein (Proposal No. 64-85-P-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS5 to MUL district properties located at 103 and 105 West Trinity Lane, approximately 120 feet west of Dickerson Pike (.48 acres), all of which is described herein (Proposal No. 2006Z-046U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 zoning various properties located on 23rd Avenue South, Oxford Road, Springdale Drive, and Wortham Avenue, between Golf Club Lane and Sharondale Drive (24.17 acres), all of which is described herein (Proposal No. 2006Z-056U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 zoning various properties located on Wimbledon Road, Hilldale Drive, Scarsdale Road, Ruland Place, Grayswood Avenue, and Foxhall Road, south of Woodmont Boulevard (18.91 acres), all of which is described herein (Proposal No. 2006Z-059U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 various district properties located between Lealand Lane and General Bate Drive on Draughon Avenue, Graybar Lane, and General Bate Drive (16.21 acres), all of which is described herein (Proposal No. 2006Z-047U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.04, 17.12, and 17.20 pertaining to the setback and parking requirements for mobile vendors, all of which is more particularly described herein (Proposal No. 2006Z-006T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code of Laws to clarify different park and recreation uses (Proposal No. 2006Z-096T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
Without objection, the rules were suspended to accept one (1) late ordinance.
An ordinance adopting the Capital Improvements Budget and Program 2006-2007 through 2011-2012 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2006-2007. 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 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 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 approved the bill with an amendment. Mr. Dozier offered Amendment Nos. 1 and No. 2 and moved for their adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dozier moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council with Mr. Foster abstaining.
An ordinance amending Chapter 13.08 and Chapter 13.16 of the Metropolitan Code of Laws to prohibit any temporary or permanent encroachment into the public right-of-way without first obtaining a permit from the Metropolitan Government. The Public Works Committee recommended deferment. Mr. Wallace moved to defer the bill to the second meeting in June, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing certain departments, boards, and commissions of the Metropolitan Government to accept donations valued at less than or equal to $5,000, and providing for Council approval by Resolution for acceptance of donations valued at more than $5,000. The bill was approved by the Budget and Finance 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. Ms. McClendon 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 Chapter 6.12 of Title 6 of the Metropolitan Code of Laws to add permitting provisions for after hours establishments. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Dread moved to defer the bill to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 2.68 of the Metropolitan Code of Laws to require boards and commissions of the Metropolitan Government to publicly announce at each meeting the process and timeframe for appealing a decision of the board or commission. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Foster moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Mayor to enter into Water, Sewer and Cable Line Agreement No. 600,043 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to construct and maintain water, sewer, cable lines in the railroad right-of-way 570 foot easterly, M.P. 3.11 and M.P. 3.24. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance naming Fire Station No. 39 in honor of B.R. Hall, Sr. The bill was approved by the Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. 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 3.28.010 and Section 3.29.010 of the Metropolitan Code of Laws, changing the definition of disability. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County, Tennessee, to accept a donation of property located at 136 Una Recreational Park Drive, described as Tax Map 135-00, Parcel 168 (Proposal No. 2006M-041U-13). The bill was approved by the Planning Commission; Budget and Finance; Parks, Library, Recreation and Entertainment Facility; 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 approving and authorizing the Mayor to execute a contract with CSX Transportation Inc. and Beazer Homes Corporation for the construction and acceptance of a roadway bridge over a CSX Transportation Inc. right-of-way at Railroad Milepost 00N-14.69 in Davidson County, Tennessee (Proposal No. 2006M-061G-06). 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 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 Douglas Road right-of-way from a point approximately 300' north of the south property line of Parcel 36 on Map 14, northward approximately 790' to the dead end (Proposal No. 2006M-033G-01). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of unnamed right-of-way between Cargile Road and Haverford Drive (Proposal No. 2006M-032U-07). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Dread moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of a portion of Franklin Street between 1st Avenue South and 4th Avenue South to "Gateway Boulevard" (Proposal No. 2006M-050U-09). The bill was approved by the Planning Commission; Emergency Communications District Board; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Jameson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of P Pool Avenue between Elm Hill Pike and Transit Avenue to "Lannie Boswell Avenue" (Proposal No. 2005M-268U-11). The bill was approved by the Planning Commission; Emergency Communications District Board; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to IR district property located at 1705 River Hills Drive (0.18), all of which is described herein (Proposal No. 2005Z-176U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
An ordinance amending Section 17.40.300 of Title 17 of the Metropolitan Code, Zoning Regulations, to require the Board of Zoning Appeals to provide the applicant for a special exception with a copy of the Planning Commission Report regarding the application prior to the public hearing, all of which is more specifically described herein (Proposal No. 2006Z-049T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way of Alley Number 234 from the intersection of Division Street and Music Circle East around to Music Circle East (Proposal No. 2006M-025U-10) all of which is more particularly described herein. The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded. Mr. Toler moved to defer the bill and re-refer it to the Public Works Committee, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to pass on third reading and motion was adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Isabel, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Alexander, Wilhoite, Tygard (25); "Noes" Tucker, Murray, McClendon, Greer, Summers, Foster, Toler, Coleman (8); "Abstaining" Gilmore Adkins, Williams (3). Mr. Briley moved for re-consideration of the vote, which motion received not less than four seconding motions as required by Rule No. 34 of the Rules of Procedure of the Metropolitan Council.
An ordinance amending Chapter 4.04 of the Metropolitan Code of Laws to require the Metropolitan Purchasing Agent to submit a monthly report to the Metropolitan Council regarding all procurement contract awards. The bill was approved by the Budget and Finance Committee. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
An ordinance amending Chapter 4.12 of the Metropolitan Code of Laws to require that certain procurement contracts be approved by Resolution of the Metropolitan Council. The bill was approved by the Budget and Finance Committee. Mr. Tygard moved, pursuant to Rule No. 35 of the Rules of Procedure of the Metropolitan Council, to rescind the previous action that passed this ordinance on second reading. The motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Tygard (32); "Noes" (0); "Abstaining" Cole, Hart, Wallace, Williams (4).
An ordinance approving an agreement with the University of Massachusetts regarding services provided by the Metropolitan Nashville Police Department, and payment for same. 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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
An ordinance authorizing the Metropolitan Mayor to enter into Water, Sewer and Cable Line Agreement No. 600,044 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to construct and maintain water, sewer, cable lines overhead, 1500 foot easterly, M.P. 3.0 (actual M.P. 3.29), and authorizing all future overhead cable license agreements with Nashville and Eastern Railroad Corporation by Resolution. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
An ordinance declaring surplus and authorizing the disposition of a certain parcel of property by the Director of the Public Property Administration (Proposal No. 2006M-026U-08). The bill was approved by the Planning Commission, Budget and Finance 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-VV and described below (Proposal No. 2006M-040U). The bill was approved by the Planning Commission, Budget and Finance 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
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. 05-R-03, improvements at the intersection of Dodson Chapel Road and Central Pike (Proposal No. 2005M-255G-14). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way of Alley #316 from S. 11th Street to Alley #292 (Proposal No. 2006M-018U-05). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, 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 abandoning a portion of Expressway Park Drive right-of-way from Murfreesboro Pike northeastwardly approximately 220 feet (Proposal No. 2006M-017U-11). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, 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 requesting to apply a Neighborhood Landmark Overlay District to the Oglesby Community Club located at 5724 Edmondson Pike, approximately 565 feet south of Old Hickory Boulevard (1.47 acres), all of which is described herein (Proposal No. 2006Z-028G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, 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 OR20 and MUN to MUL district properties located at 101, 103, and 107 Charles E. Davis Boulevard, at the northeast corner of Charles E. Davis Boulevard and Cannon Street (.48 acres), all of which is described herein (Proposal No. 2006Z-031U-11). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Greer moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (36); "Noes" (0).
Without objection Bill Nos. BL2006-1026 and BL2006-1027 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 canceling a portion of a Planned Unit Development located at 5433 Mt. View Parkway, all of which is described herein (Proposal No. 37-79-U-13). 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 changing from R10 to SP zoning property, located at 5433 Mt. View Parkway (2.07 acres), to permit a 3,812 square foot bank (2.07 acres), all of which is described herein (Proposal No. 2006SP-041U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Coleman moved to defer the bills indefinitely, the bills being requested by ETI Corporation, 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 amending a portion of the Planned Unit Development district located at 343, 347 Harding Place, and 309 South Perimeter Park Drive, to permit 207,689 square feet of hotel and restaurant uses, all of which is more particularly described herein (Proposal No. 206-69-G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Wilhoite moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying an Historic Landmark Overlay District to property located at 1220 Gallatin Pike, approximately 155 feet south of Douglas Avenue, (.28 acres) all of which is described herein (Proposal No. 2006Z-032U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS, OR20 and AR2a to SP district properties located at 7416 Old Charlotte Pike, Sawyer Brown Road (unnumbered) and Charlotte Pike (unnumbered) (22.98 acres), to construct 122 multi-family units (22.98 acres), all of which is described herein (Proposal No. 2006SP-034G-06). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Crafton offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Crafton offered Amendment No. 1 and moved for its adoption as amended, which motion was seconded and adopted by a voice vote of the Council. Mr. Crafton moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying an Historic Landmark Overlay District to properties located at 908 and 914 Meridian Street (1.23 acres), all of which is described herein (Proposal No. 2006Z-033U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from MUN to SP district properties located at Van Buren Street (unnumbered), 400, 402, 404, 406, and 408 Van Buren Street, 1500 4th Avenue North, #103, #102, #101 between 3rd and 5th Avenues North (2.3 acres), to permit the development of 11,934 square feet of general retail, general office, restaurant, and/or multifamily uses, 28 multifamily units, 28 townhouses, and 4 single family units (2.30 acres), all of which is described herein (Proposal No. 2006SP-022U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 and OL to SP district properties located at 4601 and 4603 Gallatin Pike and Broadmoor Drive (unnumbered), northwest corner of Gallatin Pike and Broadmoor Drive (.84 acres), to permit a 960 square feet retail uses, 1,109 square feet of retail storage, and 531 square feet for a coffee shop/refreshment counter (0.88 acres), all of which is described herein (Proposal No. 2006SP-052U-05). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Hart offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hart moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a Planned Unit Development district located at 750 Wedgewood Avenue, along the north side of Wedgewood Park, all of which is described herein (Proposal No. 12-87-P-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Greer moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 to SP zoning property located at 350 Wallace Road, approximately 965 feet east of Nolensville Pike (1.45 acres), to permit a 3,000 square foot medical supply sales use and all of the current uses permitted by OR20 zoning (1.45 acres), all of which is described herein (Proposal No. 2006SP-044U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Adkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance amending Section 17.28.030 of Title 17 of the Metropolitan Code, Zoning Regulations, relative to the minimum building envelopes at the building setback, all of which is more specifically described herein (Proposal No. 2006Z-063T). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Loring offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County relative to the bulk standards and scenic landscape easements applicable to the AG, AR2a, R80, RS80, R40, and RS40 zoning districts in order to provide for significant protection of unique natural, cultural, and historical resources and adding applicable definitions (Proposal No 2006Z-014T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Briley 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, to permit height and setback changes to be approved in the Urban Zoning Overlay District by special exception in lieu of a variance by the Board of Zoning Appeals (Proposal No. 2006Z-025T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
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. 2006Z-062T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
- MEMORIALIZING RESOLUTIONS -
A resolution supporting state legislation increasing the minimum wage in Tennessee. The resolution was approved by the Budget and Finance Committee. Mr. Isabel 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, Brown, White, Loring, McClendon, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Wilhoite, Toler, Coleman, Williams (26); "Noes" Ryman, Gotto, Crafton, Foster, Tygard (5); "Abstaining: Greer, Hausser (2).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation that would allow local governments to assess senior citizen housing developments at twenty-five percent of its value. The Budget and Finance Committee recommended deferment. Mr. Crafton moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting Governor Phil Bredesen, the Davidson County Delegation to the Tennessee General Assembly, the Metropolitan Nashville Airport Authority, the Metropolitan Transit Authority, the Metropolitan Hospital Authority, Nashville Electric Service, and all Metropolitan Government departments, agencies, boards, and commissions to develop an incentive program for government employees to carpool or use public transportation in their daily commutes to and from work. The resolution was approved by the Transportation and Aviation 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, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (33); "Noes" (0).
A resolution requesting President George W. Bush, Senate Majority Leader Bill Frist, Senator Lamar Alexander, and the Davidson County Congressional Delegation to develop an incentive program for government employees to carpool or use public transportation in their daily commutes to and from work. The resolution was approved by the Transportation and Aviation 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 adopt the resolution as amended, 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, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (33); "Noes" (0).
A resolution expressing the Metropolitan Council's intent to reduce funding for Metropolitan Government departments that fail to ensure all department management have received training regarding Title VI compliance prior to the end of the current fiscal year. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Coleman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Tennessee Department of Transportation to install noise abatement walls along Briley Parkway parallel to Cabin Hill Road. The resolution was approved by the Public Works Committee. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by a 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, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (33); "Noes" (0).
RESOLUTION NO. RS2006-1325
A resolution requesting the Tennessee Department of Transportation to install noise abatement walls along Interstate 40 East in the vicinity of the Bellevue/Newsome Station exit. Mr. Crafton 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. RS2006-1325
A resolution requesting the Tennessee Department of Transportation to install noise abatement walls along Interstate 40 West in the vicinity of the Bellevue/Newsome Station exit. The resolution was approved by the Public Works Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by a 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, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (33); "Noes" (0).
A resolution requesting the Metropolitan Board of Parks and Recreation to name the new East Park Community Center, or another appropriate building at the park, in honor of Charlie Williams. The resolution was approved by the Parks, Library, Recreation and Entertainment Facility Committee. Mr. Summers moved to adopt the resolution, which motion was seconded and adopted by a 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, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (33); "Noes" (0).
A resolution requesting the Mayor to deliver the State of Metro address in a public forum so that the citizens of Nashville and Davidson County may attend free of charge. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Summers moved to adopt the resolution, which motion was seconded and adopted by a 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, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (33); "Noes" (0).
Upon motion duly
seconded, the meeting was adjourned.