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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Charlie Tygard.
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: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (40); Absent: Page (1).
The Minutes of the regular meeting October 16, 2007, were approved.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
Director of Finance
Appointment of Mr. Richard M. Riebeling for term set by Charter. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Director of Law
Appointment of Ms. Sue B. Cain for term set by Charter. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Mr. Ryman reported that the proposed permanent Rules of Procedure of the Metropolitan Council were approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt, as herein below stated, the proposed permanent rules, which motion was seconded and adopted by a voice vote of the Council.
2007-2011 RULES OF PROCEDURE
OF THE COUNCIL OF
THE METROPOLITAN GOVERNMENT
OF NASHVILLE AND DAVIDSON COUNTY
-1-
The regular order of business shall be as follows:
1. Meeting called to order
2. Invocation
3. Roll Call
4. Approval of minutes of previous meetings
5. Communications from the Mayor
6. Reports of committees on matters other than reports on ordinances and resolutions
7. Elections and confirmations
8. Public Hearings
9. Resolutions
10. Ordinances on first reading
11. Ordinances on second reading
12. Ordinances on third reading
13 Memorializing resolutions
14. Adjournment
-2-
A president pro tempore of the Council shall be elected by the Council to serve in the absence of the Vice Mayor. Upon the resignation or death of the Vice Mayor, the president pro tempore shall serve as the Council's presiding officer in the place of the Vice Mayor until a Vice Mayor shall be elected and qualified. If the president pro tempore shall serve as the Council's presiding officer on account of the Vice Mayor's resignation or death, the Council shall elect a deputy president pro tempore to serve in the absence of the president pro tempore. Until a deputy president pro tempore is elected as described above while the president pro tempore is presiding in the absence of the Vice Mayor, the president pro tempore may, from the chair, designate any member of the Council to preside at a Council meeting. If neither the Vice Mayor, the president pro tempore, nor any deputy president pro tempore shall be present at the designated commencement time for a Council meeting, the Chair of the Planning, Zoning, and Historical Committee, or in his/her absence, the Chair of the Traffic and Parking Committee shall call the Council to order and immediately conduct an election, using the voting procedure provided in Rule 41, to elect a member to preside at that Council meeting until a more senior presiding officer shall appear.
The terms of the president pro tempore and any deputy president pro tempore shall expire on August 31 of the year following their election, and the members serving in this capacity shall retain at all times their full right to vote.
-3-
The standing committees of the Metropolitan Council shall be as follows:
1. Budget and Finance
2. Charter Revision
3. Codes, Fair and Farmers Market
4. Convention, Tourism and Public Entertainment Facilities
5. Education
6. Federal Grants Review
7. Health, Hospitals and Social Services
8. Parks, Library and Recreation
9. Personnel-Public Information-Human Relations-Housing
10. Planning, Zoning, and Historical
11. Public Safety-Beer and Regulated Beverages
12. Public Works
13. Rules-Confirmations-Public Elections
14. Traffic and Parking
15. Transportation and Aviation
- 4 -
All members of the standing committees of the Council and the chair of each shall be appointed, except as otherwise provided in the Metropolitan Charter, by the Vice Mayor to serve until August 31 of the year following their appointment. The Chair of each committee shall appoint a member of the committee to serve as vice chair for the committee.
-5-
The executive committee of the Council shall consist of the Vice Mayor, the chair of all standing committees of the Council, and the president pro tem of the Council. Each member thereof shall be entitled to one vote regardless of the number of positions a Council member may hold. The executive committee shall meet at such time as called by either a majority of the executive committee or by the Vice Mayor. The Vice Mayor shall report back to the Council in a timely manner as to the action taken by the executive committee.
-6-
The Vice Mayor, within his or her discretion, may from time to time appoint such special committees or expand the scope of an existing committee, as the circumstances require. The Council may also create and appoint special committees upon adoption of a resolution to that effect.
-7-
Each committee may formulate rules for its own operation. No committee may meet except at the time stated for its meeting and noticed to the members of the committee.
-8-
Any proposed ordinance or resolution may be introduced only by a member or members of the Metropolitan Council and the Metropolitan Clerk shall not receive or file any ordinance or resolution that is not signed by a member of the Metropolitan Council. Any resolution or proposed ordinance on first reading, the subject matter of which affects only one district, may be deferred one meeting if the Council member from the district concerned with the subject matter of such legislation has not introduced or co-sponsored such legislation.
No resolution requesting information or action from a Metropolitan Government department, agency, board or commission shall be placed on the agenda unless the sponsoring Member of Council has first requested the information or action by letter at least thirty days prior to filing the resolution. A copy of the letter requesting the information or action must be attached to the resolution at the time it is filed.
Members of Council shall be limited to filing no more than one memorializing resolution, resolution requesting information, or similar resolution that is not binding legislation for each regular meeting of the Council.
-9-
With the exception of zoning text amendments, where any zoning measure is introduced by a Councilmember-at-Large, the Council member from the district concerned shall be notified by the Councilmember-at-large and afforded the opportunity to be its co-sponsor. This does not restrict the right of the Councilmember-at-Large to introduce such measure if the district Council member does not desire or refuses to be its co-sponsor.
-10-
One original of all ordinances and resolutions shall be filed with the Metropolitan Clerk, said original
to be retained in the office of the Metropolitan Clerk at all times subject only to withdrawal for signature by the Mayor.
-11-
All ordinances and resolutions (except resolutions to amend the Capital Improvements Budget, as provided below) shall be filed in the Metropolitan Clerk’s Office not later than 4:00 p.m. on Tuesday, immediately preceding a regular meeting of the Council and not later than 11:00 a.m. of the third day, excluding Saturdays and Sundays, preceding the day of any other Council meeting. No ordinance or resolution may be filed unless the originals have first been delivered to the Council Office not later than Noon on the second Friday preceding the regular meeting date or not later than Noon the fourth day, excluding Saturdays and Sundays, preceding the day of any other Council meeting.
All resolutions to amend the Capital Improvements Budget shall be filed in the Metropolitan Clerk’s Office not later than 11:00 a.m. on the second Friday preceding the regular meeting of the Council and not later than 11:00 a.m. of the tenth day, excluding Saturdays and Sundays, preceding the day of any other Council meeting. Upon the filing of such resolution to amend the Capital Improvements Budget, the Metropolitan Clerk shall promptly provide copies of said resolution to each member of the Council. No resolution to amend the Capital Improvements Budget may be filed unless the originals have first been delivered to the Council Office not later than Noon the second day, excluding Saturdays and Sundays, preceding the day such resolution is to be filed with the Metropolitan Clerk’s Office.
The Council may not consider, except by unanimous consent, any ordinance or resolution not filed in accordance with the two preceding paragraphs.
No late ordinance or resolution will be considered by the Council except on an emergency basis. Any sponsor of a late ordinance or resolution must inform the Vice Mayor as to the nature of the emergency prior to the meeting at which the legislation is to be offered, must state on the introduction thereof that an emergency exists, and must further submit in writing the nature of the emergency.
-12-
The Metropolitan Clerk shall restrict all matters on the first meeting during each odd month to honoring resolutions, resolutions electing notaries public, zoning ordinances on public hearing, and ordinances on introduction and first reading provided the sponsor is present at the Council meeting and no objection to passage on first reading is made; the Clerk shall exclude ordinances on public hearing from any other Council meeting, except when required by law to be earlier held.
-13-
The agenda for each meeting shall be prepared by the Metropolitan Clerk and mailed to each member not less than two days, excluding Saturdays and Sundays, before the meeting at which it will be considered. For regular meetings the agenda is to be mailed not later than Friday prior to such meetings.
This agenda shall show on all planning and zoning and mandatory referral matters listed thereon the vote of the Planning Commission on its action on such matter and shall similarly indicate the vote of all other boards and commissions of their recommendations of such matters which were referred to such boards and commissions.
-14-
All ordinances must be referred to the appropriate committee by the Vice Mayor of the Council after first reading, and except for zoning matters, budget, revenue service charges or tax measures, no ordinance may be amended after second reading. No motion to amend the Capital Improvements Budget for the ensuing fiscal year shall be entertained by the Council unless such amendment has been submitted to the Budget and Finance Committee for a recommendation.
All resolutions shall be referred to the appropriate committee or committees of the Council by the Vice Mayor. The committee assignment shall be indicated on the Council agenda. No vote will be taken on any resolution or on any ordinance on third and final reading until a committee has made a recommendation regarding the legislation.
The committee to which an ordinance or resolution has been referred shall make a report to the Council at the next regular meeting after its referral.
-15-
No resolution or ordinance involving the appropriation or expenditure of money, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk until the Director of Finance has furnished a statement as to the availability of funds.
-16-
No resolution or ordinance proposing to expend or appropriate funds or to authorize the borrowing of funds for capital improvement projects (including the issuance of bonds or notes), upon being filed, shall be placed upon the agenda by the Metropolitan Clerk unless and until said legislation shall list the projects to be funded and the estimated cost of each project.
-17-
No resolution or ordinance seeking the payment of a claim against the Metropolitan Government, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk until the Director of Law shall have filed with the Metropolitan Clerk a statement recommending the payment of the claim; provided, however, in the event such statement is not filed within 30 days of the filing of such resolution or ordinance, the Director of Law shall be deemed to have recommended payment and such legislation shall be placed upon the agenda.
-18-
No resolution or ordinance approving or authorizing the execution of any contract, lease, agreement or other instrument, or authorizing the closure and/or abandonment of any street, alley or easement, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk unless said documents shall have been executed by all necessary parties including affected property owners for legislation closing and/or abandoning streets or alleys, excepting the signature of the Metropolitan Mayor and the Metropolitan Clerk. Further, said documents need not be executed by state, federal and railroad officials to be placed upon the agenda.
-19-
No resolution or ordinance required to be referred to the Metropolitan Planning Commission for a recommendation shall be filed with the Metropolitan Clerk unless evidence of submission to the Metropolitan Planning Commission is filed together with the legislation or the legislation has noted upon it the recommendation of the Metropolitan Planning Commission. No zoning ordinance shall be filed with the Metropolitan Clerk unless such proposed legislation is accompanied with evidence that all fees required pursuant to the Metropolitan Code have been paid.
-20-
Upon introduction of any zoning ordinance not accompanied by a recommendation of the Metropolitan Planning Commission, such ordinance shall be referred to the Planning Commission. The Metropolitan Clerk shall advertise such ordinance for public hearing and second reading; however, no action shall be taken by the Council on second reading and no public hearing shall be held by the Council until the recommendation of the Planning Commission has been submitted to the Metropolitan Clerk. Any property proposed to be rezoned shall be current in the payment of property taxes before the zone change can be passed by the Metropolitan Council on second reading. Any ordinance applying the Residential, Commercial, or Industrial Planned Unit Development District must have a recommendation from the Metropolitan Planning Commission before its introduction.
-21-
On any legislation pending before the Council on which a deferral or withdrawal is requested by the sponsor, the sponsor at the time of the request for such deferral or withdrawal will state to the Council the reason for such request and also the name or names of the party who requested the original legislation, and this information shall be spread on the minutes of the Metropolitan Council. In addition thereto on all ordinances involving street or alley closures, there shall be included in the body of the ordinance the name or names of the parties requesting the street or alley closure, the same information to be placed on the Metropolitan Council agenda.
There shall be included as a part of each zoning ordinance prepared the same information to be placed on the Metropolitan Council agenda, the name or names of the parties requesting the zone change, the name of each property owner whose property is included in the change identified by Map and Parcel Number as to owner, and the name of the optionee, if any. To the extent that any party is disclosed as a trustee or other fiduciary, including agents, all beneficiaries and principals must also be fully disclosed. Any party which is a business entity shall also disclose the name of the general partners, managing partners, or the chief executive officer.
-22-
All ordinances before the Council on second and third reading, except those affecting the zoning of a particular property or properties, and resolutions shall automatically be deferred indefinitely after they have been twice deferred. Any member of the Council who has sponsored said legislation may at any time inform the Clerk to replace the ordinance or resolution on the agenda for the next Council meeting and upon receipt of said request the Clerk shall place it on the agenda for the next meeting. If the ordinance or resolution is deferred for any reason after being so replaced on the Council agenda at the next meeting, then the ordinance or resolution shall be considered as withdrawn and the Clerk will permanently remove it from the Council agenda. In order to receive further consideration, the ordinance or resolution must be re-introduced. For the purposes of this rule, a committee-requested deferral under Rule 23 shall not be counted as a deferral.
Any ordinance or resolution which has been removed from the agenda, either pursuant to this rule or because the sponsor has requested indefinite deferral, shall be placed on the agenda only at the written or oral request of the sponsor which shall be made to the Metropolitan Clerk by the Tuesday preceding the Council meeting at which time the matter can be considered. Any ordinance or resolution which has been deferred indefinitely for a period of more than one hundred eighty (180) days shall automatically be deferred for one meeting upon being placed back upon the agenda at the request of the sponsor pursuant to this rule.
-23-
Any ordinance or resolution which receives a recommendation of deferral from any committee to which it is referred shall be deferred for one Council meeting; provided, however, that no ordinance or resolution shall be deferred more than one time or more than one meeting pursuant to this rule.
-24-
All memorializing resolutions honoring individuals, groups or organizations upon being filed with the Clerk shall be heard by the Council on an honorarium docket on the first meeting of each odd month and referred to the Rules-Confirmations-Public Elections Committee for review and recommendation. All such honoring resolutions which are approved by a unanimous vote of such committee (by the members present at such meeting when a vote is taken), except for resolutions calling for a hand-lettered scroll, shall be heard by the Council as a consent matter and shall be voted upon by the Council together on one vote. Those resolutions calling for a hand-lettered scroll and honoring resolutions failing to receive a unanimous recommendation of the committee shall be acted upon individually by the Council.
-25-
Memorializing and congratulatory resolutions in typewritten form, with copies to be certified and sent to the appropriate party or parties, are proper resolutions to be considered and acted upon by the Metropolitan Clerk. However, resolutions of such types calling for a hand-lettered scroll shall be considered by the Council only if such resolution deals with the death, retirement or outstanding accomplishment of an elected Metropolitan Government officeholder or an employee of said government for outstanding public service and is recommended unanimously by the Rules-Confirmations-Public Elections Committee. In the event the Metropolitan Council desires to honor any citizen for outstanding service or accomplishment through the adoption and issuance of a printed scroll then such resolution may be considered and adopted provided such resolution has the unanimous
approval of the members of the Rules Committee and is then adopted by the unanimous vote of the Metropolitan Council. Any such resolution failing to gain the unanimous vote of the Rules Committee and/or the Council shall not be considered again within a period of one year.
Memorializing and congratulatory resolutions shall not be presented on the first meeting of each odd month at which a public hearing is to be held regarding zoning bills. All presentations of memorializing and congratulatory resolutions shall be limited to five (5) minutes each, and no more than two (2) such presentations shall be allowed at any meeting of the Council. Members of Council wishing to make presentations of memorializing and congratulatory resolutions shall schedule the presentations with the Council Office. The Council Office shall schedule the presentations for each meeting on a first come, first served basis.
Announcements and extraordinary matters shall be held thirty (30) minutes prior to all regularly scheduled Council meetings. The president pro tempore of the Council or his/her designee shall preside over such matters.
-26-
The election of certain notaries public by the Metropolitan Council shall be accomplished by the introduction and passage of a resolution including the names of those persons to be elected as notaries public. The resolution shall include the person’s name, address and length of term for which he or she is to serve as a notary public. The resolution shall also contain a letter from the County Clerk certifying that each person to be elected meets all of the qualifications of the office of notary public. It shall not be required that the person or persons being elected appear before the Council or any committee thereof.
-27-
A resolution appropriating funds from the general fund reserve shall not be placed on the agenda for consideration, unless previously deferred, except for the second meeting occurring in each month. Any resolution appropriating funds from the general fund reserve shall be limited to one department only and shall not contain multiple appropriations.
No resolution or ordinance involving the appropriation or expenditure of funds may be considered by the Metropolitan Council if the department, agency or office benefiting from the appropriation or expenditure has failed for thirty or more days to respond to information requested by the Metropolitan Council or any committee of the Metropolitan Council.
-28-
Upon the consideration of any ordinance or resolution by the Council, the first person to be recognized by the Vice Mayor shall be one of its sponsors. The second shall be the chair or one spokesman of the committee to which the matter has been referred. No action may be taken on any ordinance or resolution (except ordinances on introduction and first reading) at any meeting of the Council or at any meeting of a committee of the Council to which such ordinance or resolution has been referred unless a sponsor is present or a sponsor has informed the Vice Mayor or chair of the committee, in writing, of the action that should be taken and of the member of Council designated to handle the matter in the sponsor’s absence.
-29-
A member shall speak no more than once on the same subject until all members have had an opportunity to speak on it, and for no more than four minutes, except that one sponsor of an ordinance or resolution and one spokesman of the committee to which the matter has been referred shall each have the right to speak five minutes. The Metropolitan Clerk shall keep time in accordance with this Rule. A member of Council shall be entitled to yield his/her time to another member once. These restrictions may be waived by the Vice Mayor or by a majority of the members present.
During the course of any meeting, if a member of Council is referred to by name by any speaker and such member’s character or integrity is called into question, then such member, upon request, shall be recognized by the Chair immediately following the conclusion of the previous speaker for the sole purpose of raising a question of personal privilege to respond.
-30-
The Mayor or an authorized representative shall have the privilege of the floor for the purpose of discussing matters under consideration by the Council.
-31-
Members of the public may address the Council by a two-thirds vote of the Council members present. This restriction does not apply to zoning matters where all parties concerned shall be allowed to speak for three minutes each. The Metropolitan Clerk shall keep time in accordance with this Rule.
-32-
Neither a motion to table nor motion for the previous question may be made by the last member to speak on a measure, but such motion may be made only by a member who has obtained the floor for that sole purpose.
A motion to table may be debated only by the maker of the motion and by one proponent of the ordinance or resolution involved.
Provided, at any meeting wherein the operating budget for the ensuing fiscal year is being debated on third reading, a motion to table or the motion for the previous question cannot be made until the proponents and opponents have been allocated at least fifteen minutes each of debate.
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At any meeting wherein the operating budget for the ensuing fiscal year is being debated on third reading, the following provisions shall apply, any rule contained in these rules to the contrary notwithstanding:
No motion to amend the operating budget or a substitute operating budget ordinance may be entertained by the Council, unless such amendment or substitute budget has been submitted to the Budget and Finance Committee for a recommendation.
A second substitute budget ordinance may not be amended but must be acted upon as filed and presented.
A motion to table the budget ordinance or a substitute budget ordinance cannot be made until the proponents or opponents have been allowed at least fifteen minutes of debate. Provided however, when a motion is made to table any amendment proposed to the budget ordinance or substitute budget ordinance, the spokesperson for such amendment may divide a total of twelve minutes among other members speaking in support of the motion.
-34-
A motion to reconsider a vote of the Council on any ordinance or resolution can be entertained only on a final reading and an affirmative vote and then only when the following have been complied with:
(a) The maker of the motion to reconsider must have voted with the prevailing side.
(b) The motion to reconsider must be made before the next order of business.
(c) Not less than four (4) members of the Council must second the motion,
and these four members need not have voted with the prevailing side.
Such motion, properly made and seconded, must be considered and finally acted on at the next regular meeting of the Council or at a special meeting called for that purpose.
No statement that a member is proposing to offer a motion to reconsider at a later meeting is to be entertained by the Council.
-35-
Any affirmative action of the Council may be rescinded by two-thirds (2/3) vote of the full membership of the Council (27 votes).
-36-
All legislation which directly or indirectly affects any Metropolitan Government Pension Plan shall be referred to the Metropolitan Employee Benefit Board for an actuarial study before the matter can be considered by the Metropolitan Council. The Metropolitan Employee Benefit Board shall have ninety (90) days from the date the legislation is referred to said Board to report to the Metropolitan Council. If no such report is received, the Council shall be entitled to consider the legislation.
-37-
The Chair shall call for a roll call vote when:
1. The Chair is unable to determine the outcome of a voice vote on an ordinance upon any reading.
2. There is any abstention or negative vote on a resolution or on an ordinance on third reading.
3. Five (5) members of Council request a roll call vote prior to a vote or immediately
following a voice vote before the next order of business.
A roll call vote is required on third reading for all zoning matters disapproved by the Planning Commission, on all matters affecting traffic control or use of streets disapproved by the Traffic and Parking Commission, on all budget ordinances, on all ordinances establishing the tax levy in the General Services District for a fiscal year and declaring the amount required for the annual operating budget of the Urban Services District, and on all legislation vetoed by the Mayor.
-38-
The roll call vote shall be by voting machine, if possible.
-39-
The Director of Law or the Director of the Council Office (or their designee) shall attend the meetings of the Council to advise on matters of law.
-40-
All appointees to be confirmed by the Council shall be required to complete a questionnaire adopted by the Rules Committee, which completed questionnaire shall be filed with the Clerk and a copy of which shall be mailed by the Clerk to all members of Council. No action may be taken upon such appointee until and unless such completed questionnaires have been mailed to members of Council at least five days preceding any vote for confirmation.
The Mayor may withdraw for consideration any appointee submitted to the Council for confirmation and such withdrawal shall relate back to the original date of appointment the same as if such person had not been appointed; however, such withdrawal shall not act to enlarge upon the time permitted by the Mayor, under the relevant provisions of the Charter, to submit an appointee for confirmation. All appointments subject to election or confirmation by the Council shall be elected or confirmed by a majority of the entire membership of the Council (21 votes), except where other requirements are established by the Charter. Any appointee failing to receive the required vote of the Council shall be deemed to have been rejected.
A resolution proposing amendment or amendments to the Metropolitan Charter must receive an affirmative vote for adoption of not less than 2/3 of the membership to which the Council is entitled (27 votes), and further, any amendment to any such resolution, including Charter amendments, must also receive an affirmative vote of not less than 2/3 of the membership to which the Council is entitled (27 votes).
-41-
All elections conducted by the Council to elect members to the Metropolitan Planning Commission and the Traffic and Parking Commission or any other position to which a member of the Council must be elected shall be conducted as follows:
1. At the next regular meeting of the Council following a vacancy, the Vice Mayor shall call for nominations to fill said positions from the membership of the Council. No second shall be required to place the same in nomination. Any vacancy that is the result of a new term, including that of the president pro tempore, shall be announced by the Vice Mayor at the first regularly scheduled Council meeting of the term. Nominations shall be taken and the vote(s) shall be held at the next regularly scheduled Council meeting.
2. Upon the close of nominations voting shall begin. Voting shall be by open ballot and may be cast only for a person who has been properly nominated. Each vacant position to be filled by an election shall be voted upon separately. That person receiving the largest number of votes shall be elected provided a majority of the votes cast is received. If there are more than two candidates and no candidate receives a majority of the votes cast, the two candidates receiving the largest number of votes shall proceed to a runoff election. The Vice Mayor shall vote only in the case of a tie when there are two candidates.
3. Ballots shall be distributed to each member of Council who shall thereupon write or print their name, district, number or at-large notation and shall vote for the nominee of their choice who has been properly nominated. The ballots shall be collected by a teller designated by the Vice Mayor who shall thereupon deliver the ballots to the Clerk who shall read each Council member’s name and the candidate for which the member of Council voted into the record, which vote must be confirmed by the member of the Council. The final vote shall be tabulated and spread upon the minutes of the Metropolitan Council. Any ballot of a member of Council which does not comply with the provisions of this Rule 41 shall be void and not considered as a vote cast under the Rule.
-42-
Upon the expiration of the term of a member of the Industrial Development Board created pursuant to Tennessee Code Annotated 7-53-301, et seq., and of the Health and Educational Facilities Board created pursuant to Tennessee Code Annotated 48-1907, et seq., the following procedure shall be established for the selection of a successor:
1. The Vice Mayor shall by letter notify each member of the Council of the existence of a vacancy on said boards. At the next regularly scheduled Council meeting of the existence following a notification by the Vice Mayor, the Vice Mayor shall call for nominations from the membership of the Council to fill the vacancy on said board.
2. Those persons nominated shall be referred to the Rules-Confirmations-Public Elections Committee of the Council for recommendation. The Committee shall meet and determine the relative qualifications of the various candidates and report to the Council its recommendation at the next regularly-scheduled Council meeting following the meeting wherein the candidates were nominated.
3. Upon receiving the recommendation of the Rules-Confirmations-Public Elections Committee, the Metropolitan Council shall conduct an election to elect a person to the Industrial Development Board or to the Health and Educational Facilities Board. Any person nominated who fails to appear before the Rules Committee shall be deemed to have withdrawn their name for nomination. In the event of multiple vacancies, each person nominated and not elected on the election for the first vacant position shall be deemed nominated for such succeeding election for a vacant position being voted upon at such meeting. The election shall be conducted in the same manner as provided in Rule 41.
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Procedure for selecting a successor to fill a vacancy in any office which by law is to be filled by the Metropolitan Council.
1. Upon the vacancy in the office of any elected official which may lawfully be filled by the Metropolitan Council, each member of the Council shall be notified of said vacancy by an announcement by the Vice Mayor at the next meeting of the Council. Such announcement shall be at least four weeks preceding the meeting at which a successor is to be elected. Upon the announcement of a judicial or court clerk vacancy, the Metropolitan Clerk shall immediately notify the Nashville Bar Association and Napier-Looby Bar Association of such vacancy, which notification may be by facsimile transmission.
2. The Council may select a successor at any special called meeting of the Council, provided the notice under paragraph 1 is satisfied.
3. Nominations. All members of the Metropolitan Council as well as members of the general public, including candidates themselves, may nominate a person to fill the vacancy in office. No second shall be required to place the name in nomination. All nominations shall be in writing, signed by the person making the nomination and filed with the Metropolitan Clerk not later than 4:00 p.m. on the day which is one week following the date of the notice of the vacancy, at which time nominations will be closed. Together with the written nomination, the person so nominated shall file with the Metropolitan Clerk a written statement setting forth their willingness to serve if elected, their complete name, their age, their place of residence, the length of time the person has lived in Davidson County, their resume and all other information which may be required by law to ensure their eligibility to serve. The nominee shall also file an answer to a detailed questionnaire approved by the Rules-Confirmations-Public Elections Committee. Such questionnaire shall include, but not be limited to, educational, professional or occupational experience, public and professional experience, professional and personal conduct, whether the candidate is physically and mentally able to perform the essential duties of the position with or without reasonable accommodations, and if the candidate is an attorney, shall include a waiver of confidentiality as to disciplinary matters under the Tennessee Supreme Court Rule 9, Section 25. The Metropolitan Clerk shall forward copies of nomination documents to each member of Council.
4. All candidates for a position shall personally appear before the Rules-Confirmations-Public Elections Committee to be interviewed to ensure the candidate meets the required qualifications.
5. Judicial or Court Clerk Candidates. The Metropolitan Clerk shall forward the names of all persons nominated to fill a judicial or court clerk vacancy to the Nashville Bar Association and Napier-Looby Bar Association and request that a Candidate Evaluation Poll be taken from its membership. The results of the poll, including the total number of members and the members responding, shall be filed with the Metropolitan Clerk, who shall forward such results to the members of the Council. All candidates for a judicial or court clerk position shall personally appear before the Rules-Confirmations-Public Elections Committee, at its meeting at least two weeks prior to the Council meeting at which time the election will be held to fill the vacancy, to be interviewed to ensure the candidate meets the required qualifications.
6. Petitions from voters residing in the county may be presented to the Metropolitan Council by filing them with the Metropolitan Clerk in support of any candidate.
7. At the meeting for the Council when the selection is to be conducted, the Council member or other person having nominated a candidate may speak for no more than five minutes and may yield the floor to the candidate or other persons who wish to speak in support of the nomination. No more than five minutes total shall be given any one candidate for their presentation and the persons speaking in support of the candidate.
8. The election shall be conducted in the same manner as provided in Rule 41.
-44-
The following procedure shall be followed by the Metropolitan Council in order to recall or remove a member of a board or Commission of the Metropolitan Government as provided by the Charter:
1. A resolution shall be filed with the Clerk providing for the removal of a member of a board or commission, which resolution shall state the reasons or grounds for such removal. A copy of said resolution shall be forwarded by the Clerk to the member sought to be removed and such resolution shall be placed upon the regular agenda of the Council.
2. Such resolution shall be deferred for one meeting and referred to the Rules-Confirmations-Public Elections Committee. The person sought to be removed may appear at such committee meeting, but shall not be compelled to appear before the committee. The committee shall make a recommendation to the Council but may not recommend a deferral of action on said resolution.
3. Any person sought to be removed from a board or commission, or their designated representative, may address the Council prior to a vote on the resolution removing them from the position. In the event a person sought to be removed resigns from such position, by submitting a written resignation to the Clerk prior to a vote on the resolution, no vote shall be taken on the resolution.
4. All votes on resolutions removing any person from a board or Commission of the Metropolitan Government shall be by voting machine.
-45-
All members of the Metropolitan Council who travel on Metropolitan Government business at its expense shall within 15 business days thereafter file with the Metropolitan Council Staff Office an itemized statement of the principal expenses incurred. No further expense advance or reimbursements will be made until full compliance with this rule has been effected.
-46-
The use of the Council Chamber is left to the discretion of the Vice Mayor regarding the following matters:
1. Meetings held inside the legislative area using the Council members’ desks.
2. When to allow the speaker system to be used by groups other than the Council.
3. When groups other than Council committees use the committee rooms and make rearrangements of the furniture, the Vice Mayor shall designate who is responsible for placing the room back in proper order.
Except as otherwise provided, no written materials, documents or other items may be distributed and/or placed upon Council members’ desks. Written materials, documents or other items may be distributed and/or placed upon Council members’ desks if:
1. They are signed by the individual requesting distribution and clearly shows
said individual’s name, address, and telephone number; and
2. They have been delivered first to the Vice Mayor, Metro Clerk or Council Staff
with a request for distribution; or
3. They bear the signature of the Member of Council requesting distribution.
Additionally, Council Staff may place upon members’ desks such mail as may be received that is addressed to such members.
Written copies of all amendments or substitutes to resolutions and ordinances, other than substitute resolutions awarding the sale of Metropolitan Government debt by public bid, must be distributed to all members not later than 1:00 p.m. on the Monday preceding a Tuesday regular meeting of the Council prior to any action being taken upon such matters by the Council or by any committee to which the matter has been referred. The only other materials that may be placed upon members’ desks during a meeting are materials relating to zoning legislation before the Council at that meeting.
Further, the distribution of all such materials shall be under the direction of the Metropolitan Clerk.
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No person except those persons who are permitted in the Council Chamber during a meeting of the Metropolitan Council under these rules may be in the Council Chamber at any time one hour prior to any meeting of the Metropolitan Council until the conclusion of that meeting. While the Metropolitan Council is in session, no person, except those persons who are permitted in the legislative area of the Council Chamber during a meeting as provided in these rules, may be present in the committee rooms, the restrooms or hallway between the committee rooms and the legislative area of the Council Chambers.
No person, including the Vice Mayor or members of Council, shall use cellular telephones or similar communicative devices in the Council Chamber or in committee rooms during a session in those areas.
No persons, except Members of Council and employees of the Council Office may be present on the floor of the legislative area or may sit at any desk of any Member of Council during any meeting of the Council or of any committee meeting held in the legislative area unless such persons are expressly invited by the committee chairperson to be present on the floor of the legislative area or sit at Members’ desks during a meeting of that respective committee.
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Rules for televising and radio broadcasting of meetings of the Metropolitan Council: All licensed commercial television and radio stations in The Metropolitan Government of Nashville and Davidson County shall be eligible to broadcast meetings of the Metropolitan Council subject to compliance with the following rules:
(a) Authority to broadcast or televise shall be obtained by applying in writing to the Rules-Confirmations-Public Elections Committee of the Metropolitan Council. No exclusive authority to broadcast shall be granted to any station or stations.
(b) Sufficient equipment shall be provided by the radio stations so as to ensure all Council members being heard from their respective seats. Neither personnel nor equipment shall interfere with the orderly procedure of the Council meetings.
(c) The nature of all commercial sponsorship shall be in keeping with a high degree of dignity of the Council. All sponsors shall be approved by the Rules-Confirmations-Public Elections Committee in advance of broadcasting.
(d) Each broadcast shall be of the complete proceedings.
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Smoking and all other uses of tobacco shall be prohibited in the Council Chambers at all times.
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None of the standing rules of order shall be amended or repealed except by affirmative votes of two-thirds of the members of the Council. No change in the permanent rules of the Metropolitan Council shall become effective until thirty (30) days after its passage. Before a proposed amendment to these rules may be considered by the Council, the Rules-Confirmations-Public Elections Committee shall have considered the proposed amendment and a written copy of the proposed amendment shall be distributed to all members of Council.
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In the consideration of any particular matter, any or all of these rules may be suspended by the Council by unanimous consent of those members present.
-52-
In the absence of the rule upon any subject not specifically provided for in these rules, the Metropolitan Council will be governed by Robert’s Revised Rules of Order.
- ELECTIONS AND CONFIRMATIONS -
Industrial Development Board
The President called for an election to fill three vacancies on The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for terms expiring August 23, 2013. Nominations previously made were: Mrs. Grace Fairbanks, Mr. Aubrey Gregory, Mr. Adrian Jones, Mr. Hal Rosson Jr., Mr. D. E. Ryan and Mr. Frank Stevenson. At the request of the nominee, Mr. Ryan’s name was withdrawn from consideration. Mr. Ryman reported that the Rules-Confirmations-Public Elections Committee had interviewed the remaining candidates and found all qualified to serve.
A vote was taken to fill the first vacancy, and the Clerk confirmed the vote as follows: Fairbanks - Garrett, Barry, Steine, Craddock, Cole, Durbin, Baker, Adkins, Foster, Dominy, Hodge (11); Gregory - Tygard, Bennett, Forkum, Ryman, Gotto, Claiborne, Crafton, Toler, Duvall, Todd (10); Jones - Matthews, Harrison, Hunt, Jameson, Jernigan, Burch, Stanley, Gilmore, Langster, Wilhoite (10); Rosson - Evans, McGuire (2); Stevenson - Maynard, Moore, Holleman, Coleman, Mitchell (5). No candidate having received a majority vote, a run-off was held and the following vote confirmed: Fairbanks - Garrett, Barry, Steine, Craddock, Cole, Gotto, Durbin, Baker, Foster, Dominy, Hodge, Todd (12); Gregory - Tygard, Forkum, Ryman, Crafton, McGuire, Adkins, Toler, Duvall, Mitchell (9); Jones - Maynard, Matthews, Harrison, Hunt, Murray, Jameson, Jernigan, Burch, Stanley, Moore, Langster, Evans, Holleman, Wilhoite, Coleman (15). No candidate having received a majority vote, a run-off was held and the following vote confirmed: Fairbanks - Garrett, Tygard, Steine, Craddock, Cole, Bennett, Forkum, Ryman, Gotto, Durbin, Foster, Dominy, Hodge, Duvall, Todd (15); Jones - Barry, Maynard, Matthews, Harrison, Hunt, Murray, Jameson, Jernigan, Burch, Stanley, Claiborne, Moore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Wilhoite, Coleman, Mitchell (21). The President declared that Mr. Adrian Jones was elected to The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2013.
A vote was taken to fill the second vacancy, and the Clerk confirmed the vote as follows: Fairbanks - Garrett, Barry, Steine, Craddock, Murray, Jameson, Cole, Bennett, Gotto, Burch, Durbin, Foster, Dominy, Hodge (14); Gregory - Tygard, Hunt, Forkum, Ryman, Jernigan, Stanley, Claiborne, Baker, Crafton, Evans, Adkins, Toler, Duvall, Todd, Mitchell (15); Rosson - McGuire, Wilhoite (2); Stevenson - Maynard, Matthews, Harrison, Moore, Gilmore, Langster, Holleman, Coleman (8). No candidate having received a majority vote, a run-off was held and the following vote confirmed: Fairbanks - Garrett, Barry, Steine, Maynard, Craddock, Murray, Jameson, Cole, Bennett, Burch, Moore, Durbin, Gilmore, Holleman, Foster, Dominy, Hodge (17); Gregory - Tygard, Matthews, Harrison, Hunt, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Langster, Crafton, Evans, McGuire, Adkins, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (21). The President declared that Mr. Aubrey Gregory was elected to The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring
August 23, 2013.
A vote was taken to fill the third vacancy, and the Clerk confirmed the vote as follows: Fairbanks - Garrett, Barry, Tygard, Steine, Craddock, Murray, Jameson, Cole, Bennett, Gotto, Burch, Stanley, Claiborne, Durbin, Baker, Adkins, Foster, Dominy, Hodge, Toler, Duvall, Todd (22); Rosson - Forkum, Ryman, Crafton, Evans, McGuire (5); Stevenson - Maynard, Matthews, Harrison, Hunt, Jernigan, Moore, Gilmore, Langster, Holleman, Wilhoite, Coleman, Mitchell (12). The President declared that Mrs. Grace Fairbanks was elected to The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2013.
Beer Permit Board
Appointment of Ms. Anne Sumpter Arney for a term expiring October 31, 2011. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Gary Brown for a term expiring October 31, 2011. At the request of the nominee, the confirmation was deferred.
Reappointment of Ms. Valinda Burks for a term expiring October 31, 2011. At the request of the nominee, the confirmation was deferred.
Reappointment of Ms. Tamara Hart for a term expiring October 31, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Gordon E. Larkins, Jr. for a term expiring October 31, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Joy M. Sims for a term expiring October 31, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. David Swett, Jr. for a term expiring October 31, 2011. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Sexually Oriented Business Licensing Board
Appointment of Ms. Judy Sweeney for a term expiring October 10, 2011. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Social Services Commission
Appointment of Dr. Frank Boehm for a term expiring April 3, 2009. Without objection, the nomination was deferred.
Appointment of Mr. Howard Gentry for a term expiring July 20, 2009. Without objection, the nomination was deferred.
Appointment of Ms. Christy Granstaff for a term expiring April 3, 2011. Without objection, the nomination was withdrawn.
Appointment of Bishop George W. Price, Jr. for a term expiring April 3, 2009. Without objection, the nomination was deferred.
- BILLS ON PUBLIC HEARING -
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 previously approved SP district on property located at 205 South 10th Street, southeast corner of Russell Street and South 10th Street and within the Lockeland Springs-East End Neighborhood Conservation Overlay district, (.89 acres), to permit a total of 54,000 square feet containing 3 retail units and 44 residential units, all of which is described herein (Proposal No. 2007SP-084U-05). The bill was approved by the Planning Commission. Mr. Jameson requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Jameson moved to pass the bill 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 changing from Office/Residential (OR20) to Specific Plan (SP) zoning property located at 429 Veritas Street (0.34 acres) for development plan and final site plan approval to permit the existing 2,800 square foot building to be used for one single-family dwelling, general office, or light manufacturing/general retail to permit one upholstery shop only, all of which is described herein (Proposal No. 2007SP-126U-11). The bill was approved by the Planning Commission. Mr. Burch, at the request of the sponsor, requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Burch 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning properties located at 304, 306 and 308 White Bridge Pike, approximately 120 feet north of Burgess Avenue (0.38 acres), to permit a 2,400 square foot car wash facility, all of which is described herein (Proposal No. 2007SP-159U-07). The bill was approved by the Planning Commission. Mr. Holleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Holleman 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 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 Overlay District on property located at 4148 Clarksville Pike, at the southeast corner of Clarksville Pike and Kings Lane, (4.05 acres), zoned CL, to permit the development of a 30,521 square foot recreation center (family life center) and 9,600 square feet of office uses, replacing retail uses, all of which is more particularly described herein (Proposal No. 89P-030U-03). The bill was approved by the Planning Commission. Mr. Matthews requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Maynard “Abstaining.”
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 to SP zoning and for final site development approval for property located at 1510 Lebanon Pike, approximately 200 feet east of Spence Lane (1.77 acres), to permit automobile convenience, vehicular rental/leasing, vehicular sales and service, limited, and all other uses permitted by the CS zoning district, all of which is described herein (Proposal No. 2007SP-155U-14). The bill was approved by the Planning Commission. Mr. Claiborne requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Claiborne 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing CN and RS5 to SP zoning properties located at 927, 929, 1001, and 1003 Lischey Avenue, on the east side of Lischey Avenue at Vernon Winfrey Avenue (0.74 acres), to permit 6 single-family homes, 3 townhome units, and a 2-story mixed-use building, all of which is described herein (Proposal No. 2007SP-162U-05). The bill was approved by the Planning Commission. Ms. Murray requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. 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 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 and SCR to CL zoning properties located at 611 Old Hickory Boulevard, approximately 1,230 feet south of I-40 (2.7 acres), all of which is described herein (Proposal No. 2007Z-154G-06). The bill was approved by the Planning Commission. Mr. Crafton moved to defer the bill indefinitely, the bill being requested by Dale & Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing R10 to SP zoning property located at 942 Riverside Drive, approximately 140 feet south of Rosebank Avenue (0.58 acres), to permit the development of 3 new, detached, single-family townhomes and to retain 1 existing single-family home, all of which is described herein (Proposal No. 2007SP-118U-05). The bill was approved by the Planning Commission. Mr. Cole requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Cole 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing RS7.5 and CS to SP zoning on 88 properties abutting Myatt Drive from State Route 45 (Old Hickory Boulevard) to Anderson Lane and abutting Anderson Lane from May Drive to Rio Vista Drive (34.04 acres), to permit mixed uses along Myatt Drive, and mixed uses and mixed housing types along Anderson Lane, all of which is described herein (Proposal No. 2007SP-165G-04). The bill was approved by the Planning Commission. Mr. Forkum requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Forkum 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing RS20 to SP zoning properties located at 1170 Dickerson Pike and Dickerson Pike (unnumbered), approximately 1,590 feet east of W. Campbell Road (3.23 acres), to permit 13,400 square feet of commercial sales and services uses in three buildings totaling 13,400 square feet, all of which is described herein (Proposal No. 2007SP-147G-02). The bill was approved by the Planning Commission. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Ryman 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 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 RM2 property located at 1083 Old Dickerson Pike, approximately 1,020 feet north of Fontaine Drive and terminus of Genelle Drive, all of which is described herein (Proposal No. 2007Z-160U-02). The bill was approved by the Planning Commission. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in opposition to passage of the bill. The President declared the public hearing closed. 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 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 to SP zoning a portion of property located at 4201 Hurricane Boulevard, at the southwest corner of Murfreesboro Pike and Hurricane Creek Boulevard (1.0 acres), to permit a car wash facility, and all other uses permitted by the CS zoning district, all of which is described herein (Proposal No. 2007SP-163U-13). The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on 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 changing from R20 to SP zoning a portion of property located at 1500 Old Hickory Boulevard, approximately 485 feet west of Brick Church Pike (3.59 acres), to permit a 49,700 square foot assisted-living facility with 69 units, all of which is described herein (Proposal No. 2007SP-146G-02). The bill was approved by the Planning Commission. Mr. Hunt requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Hunt 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning properties located at Bell Road (unnumbered), at the southeast corner of Old Hickory Boulevard and Bell Road (6.34 acres), to permit a 2-story, 31,200 square foot business school, all of which is described herein (Proposal No. 2007SP-156U-12). The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on 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 changing a portion of property from AR2a to IWD at 12848 Old Hickory Boulevard, approximately 1,790 feet south of Old Franklin Road, (.22 acres), all of which is described herein (Proposal No. 2007Z-161G-13). Without objection, the rules were suspended to allow the bill to be heard without a recommendation from the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on 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 changing IR, IWD, and RS7.5 to CS zoning properties located at 700 Edenwold Road and Edenwold Road (unnumbered), approximately 1,370 feet east of Gallatin Pike (46.93 acres), all of which is described herein (Proposal No. 2007Z-152G-04). The bill was approved by the Planning Commission. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. 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 Title 17 of the Metropolitan Code, zoning regulations, by amending the 31st Avenue/Long Boulevard Urban Design Overlay (UDO) district, to establish parking locations, maximum raised foundation heights for particular building types, maximum building heights in feet and stories, and permitted roof types, and to clarify when architectural treatment standards apply and establish additional stormwater management requirements all of which is more particularly described herein (Proposal No. 2005UD-006U-10). The bill was approved by the Planning Commission. Ms. Langster requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Langster 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to MUL zoning property located at 1515 Lebanon Pike, southeast corner of Lebanon Pike and Spence Lane (1.5 acres), all of which is described herein (Proposal No. 2006Z-058U-14). The bill was approved by the Planning Commission. Mr. Claiborne requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Claiborne 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning properties located at 3781, 3791, 3799, and 3803 Pin Hook Road and Pin Hook Road (unnumbered), approximately 2,430 feet west of LaVergne Couchville Pike (19.29 acres), to permit 42 multi-family units and 57 single-family lots, all of which is described herein (Proposal No. 2007SP-151U-13). The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on 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 changing from CS to SP zoning property located at 2801 Lebanon Pike, at the southeast corner of Lebanon Pike and Donelson Pike (0.31 acres), to permit an existing structure to be used for automobile sales (used), all of which is described herein (Proposal No. 2007SP-148U-14). Mr. Stanley moved to defer the bill indefinitely, the bill being requested by Leroy J. Humphries and Beverly Beam, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS15 district to RS40 district property located at 818 and 840 Old Lebanon Dirt Road and 6340 and 6344 North New Hope Road, on the west side of North New Hope Road (13.2 acres), all of which is described herein (Proposal No. 2005Z-081G-14). The bill was approved by the Planning Commission. Mr. Gotto requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Gotto 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 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 RS15 to SP properties located at 1209, 1213 Tulip Grove Road, Tulip Grove Road (unnumbered), Valley Grove Drive (unnumbered), approx. 200 feet north of Rockwood Drive (71.69 acres), to permit 340 dwelling units consisting of 159 townhouses, 181 single-family lots, all of which is described herein (Proposal No. 2007SP-150G-14). The bill was approved by the Planning Commission. Mr. Gotto requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
A request to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to amend the requirements that allow the floor area of parking garage liner buildings fronting a public street or public space to be exempt from the calculation of floor area ratio by establishing different requirements for residential and non-residential uses (Proposal No. 2007Z-169T). The bill was approved by the Planning Commission. Mr. Jameson requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to clarify that paved loading areas and tractor-trailer staging, loading, and parking areas and not considered structures under the Zoning Code, all of which is more specifically described herein (Proposal No. 2007Z-170T). Mr. Jameson moved to withdraw the bill inasmuch as a task force is being formed to study this issue, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing and congratulating Ruby Major Elementary School Principal Teresa A. Dennis named the 2007 Distinguished Principal for the State of Tennessee.
A resolution recognizing the 80th Anniversary of the League for the Deaf and Hard of Hearing.
A resolution proclaiming November 14, 2007, as Diabetes Day in Nashville, Tennessee.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39);”Noes” (0).
- RESOLUTIONS -
A resolution recognizing Martha “Mama” Tune for her unwavering dedication and phenomenal service to Antioch and its citizens. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Duvall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39);”Noes” (0).
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39);”Noes” (0).
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution electing Mr. Adrian Jones, Mr. Aubrey Gregory, and Mrs. Grace Fairbanks to the Board of Directors of The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39);”Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review Committee by a voice vote of the Council.
An ordinance amending Section 15.68.020 of the Metropolitan Code pertaining to the installation of private fire hydrants. 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 establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2007-2008. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance approving the disposition of a certain parcel of surplus property located at 4186 Dodson Chapel Road, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-128G-14). The bill was approved by Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Education and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 2A, 2B & 2G, Project Nos. 06-SL-67 and 06-SL-71. 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 Ken Kelley Property to provide public sewer service in Williamson County to Ken Kelley Property Project No. 07-SL-143. 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 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. 07-SG-0149, Sanitarium Road Sewer Extension, 139, 135, 133, 136, 132, 131, 130, 129, 127, 128, 125, and 123 Sanitarium Road; 1515 Sutherland Drive; and 1120 Cheyenne Boulevard (Proposal No. 2007M-174G-4). 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 and acceptance for the purpose of acquiring easements, pumps and appurtenances for use in public projects of the Metropolitan Government, initially with relation to grinder pumps located at 107 Edgebrook Road; 2225 Kayla Drive; 2225, 2217, 2205, 2220, 2221 and 2232 Seven Points Circle; 500, 505, and 501 Pauls Trail; 308 Rachaels Meadow Court; 2165 Christina Court, and 2528 Miami Avenue. 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 and acceptance for the purpose of acquiring easements, pumps and appurtenances for use in public projects of the Metropolitan Government, initially with relation to grinder pumps located at 5052 John Hager Road; 2213, 2204, 2208, 2212, and 2216 Seven Points Circle; 3828 Leona Pass; 504, 512, and 521 Pauls Trail; 2129, 2173, 2177, 2164, 2148, 2144, 2140, 2104, 2176, and 2168 Christina Court; 304 Rachaels Meadow Court; 2172, 2124, 2112, 2153 and 2140 Christina Court; 1542 Springfield Highway; 2145, 2169, and 2128 Christina Court. . 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 for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 06-WG-0094, Cumberland-Roxborough located on Corps of Engineers property (Proposal No. 2007M-130G-14). 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 in fee simple, by negotiation or condemnation, required to construct a public project of the Metropolitan Government relative to Project Number 03-SC-136A, Barker Road Equalization Tanks, 1130 Visco Drive (Proposal No. 2007M-038U-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 acceptance of certain easements for stormwater projects located at 106 Kenner Avenue, 4601 Ashland City Highway, 7305 Sonya Drive, 520 Cowan Street, 230 Rudy Circle, 558 Bell Road, 421 and 501 Forest Park Road, 247 Old Hickory Boulevard, Armory Drive, 511 Chesterfield Avenue, 14346 Old Hickory Boulevard; 2927 Brick Church Pike, 106 28th Avenue North, 0 and 1654 Elm Hill Pike; 72, 0, and 84 Hermitage Avenue; 2518 Una Antioch Pike, 5995 Cane Ridge Road, 1040 Cornelia Street, and 4106 B Hillsboro Pike. 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 4871 and 4874 Shasta Drive; 4009 Vailwood Drive; 4005, 4009, 4014 Skyline Drive; 744 Greymont Drive; 1601, 1603 Northview Avenue; 1601 and 1608 Emerson Street; and 1607 Cahal 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 acceptance of certain easements for stormwater projects located at 3620 and 3624 Brighton Road, Project No. 07-D-0001, Brighton Road (Proposal No. 2007M-010U-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 and acceptance of an 8” sanitary sewer line and easement that will be replaced by an 8” sanitary sewer line, that is shown on Map 026, Parcels 40, 41, 42, 53, & 166, Project 07-SL-0018, Wal-Mart Expansion, 132 Liberty Lane, 122 Liberty Lane, 2232 Gallatin Pike, and 2240 Gallatin Pike and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-105G-4). 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 a public utility easement located at Alley # 1894 and authorizing the execution of any documents necessary to carry out the abandonment (Proposal No. 2007M-068U-11). 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 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 No. 287 from Shelby Avenue to Alley No. 264 (Proposal No. 2007M-180U-05). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by repealing Ordinance No. BL2007-1358, which amended a portion of the Planned Unit Development district located on the south side of Central Pike, to allow for the development of 35,200 square feet of medical office, replacing 31,920 square feet of office and retail space, all of which is more particularly described herein (Proposal No. 189-73-G-14). Mr. Stanley moved to pass the bill on first reading, which motion was seconded and failed by the following vote: “Ayes” Murray, Jameson, Cole, Jernigan, Stanley, Claiborne, Moore, Durbin, Gilmore, Langster, Evans, Holleman, Wilhoite (13); “Noes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Bennett, Forkum, Ryman, Gotto, Burch, Baker, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Duvall, Todd (23); “Abstaining” Crafton (1).
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.40 pertaining to the approval of urban design overlay districts, all of which is more particularly described herein (Proposal No. 2007Z-178T). 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.
Upon motion duly seconded, the meeting was adjourned.