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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Reverend Brad Gran of Grandview United Methodist Church.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (40); Absent: Moore (1).
The Minutes of the adjourned meeting August 7, 2008, were approved.
The President announced that, due to the death of Mr. Ross Alderman, a vacancy now exists in the office of Public Defender, which vacancy is to be filled by the Metropolitan Council. President Neighbors stated that, pursuant to Rule 43 of the Metropolitan Council Rules of Procedure, nominations must be filed with the Metropolitan Clerk not later than 4:00 p.m. on Tuesday, August 26, 2008, and that an election to fill the vacancy will be conducted at the regular meeting of the Council on September 16, 2008.
- ELECTIONS AND CONFIRMATIONS -
President ProTempore
The President called for nominations for President Pro Tempore of the Metropolitan Council for a one-year term expiring August 31, 2009. Mr. Ryman nominated Mr. Adkins, which motion was seconded. Ms. Wilhoite nominated Ms. Gilmore, which motion was seconded. Ms. Gilmore withdrew her name from nomination. There being no further nominations, the President declared the nominations closed. Mr. Forkum moved to elect Mr. Adkins by acclamation as President Pro Tempore, which motion was seconded and adopted by a unanimous vote of the Council.
Educational Access Corporation
Appointment of Mr. Richard Tennent for a term expiring February 5, 2009. 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.
Employee Benefit Board
Appointment of Mr. G. Thomas Curtis for a term expiring June 30, 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.
Metropolitan Development & Housing Agency
Appointment of Ms. Gayle Fleming for a term expiring July 1, 2013. 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 with Mr. Gotto “Abstaining.”
Procurement Standards Board
Appointment of Ms. Shannone Raybon for a term expiring July 20, 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.
Tourism & Convention Commission
Appointment of Ms. Jane Andrews for a term expiring June 30, 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.
- RESOLUTIONS -
Without objection, the following resolutions were taken out of order.
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended withdrawal. Mr. Ryman moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2008-383
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. Mr. Craddock offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE RESOLUTION NO. RS2008-383
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended deferment. Mr. Craddock 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 Committee. Mr. Ryman moved to adopt the proposed Charter amendment, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0); “Abstaining” Holleman, McGuire (2).
Resolution Nos. RS2008-157 and RS2008-405 were considered at this time, prior to a final vote on Resolution No. RS2008-404.
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 Committee. Mr. Coleman moved to adopt the proposed Charter amendment, which motion was seconded. Ms. Wilhoite offered Amendment No . 1 and moved for its adoption, which motion was seconded. Mr. Burch moved to table the motion to amend, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt the proposed Charter amendment, which motion was adopted by the following vote: “Ayes” Tygard, Matthews, Harrison, Craddock, Jameson, Cole, Bennett, Jernigan, Gotto, Burch, Stanley, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster Dominy, Hodge, Toler, Coleman, Duvall, Todd (28); “Noes” Garrett, Maynard, Murray, Forkum, Ryman, Claiborne, Mitchell (7); “Abstaining” Barry, Steine, Wilhoite (3).
The proposed Charter amendment was incorporated into Resolution No. RS2008-404, and RS2008-157 was deemed withdrawn.
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 disapproved by the Charter Revision Committee. Ms. Gilmore moved to adopt the proposed Charter amendment, which motion was seconded and failed by the following vote: “Ayes” Maynard, Harrison, Murray, Stanley, Gilmore, Wilhoite (6); “Noes” Garrett, Barry, Tygard, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Durbin, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (30); “Abstaining” Steine, Matthews (2).
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. Mr. Ryman moved to adopt the resolution with the two approved proposed Charter amendments, which motion was seconded and adopted by the following vote: “Ayes” Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Durbin, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” Garrett, Barry, Claiborne (3).
The regular order of business was resumed at this time.
A resolution accepting a grant from the State of Tennessee, Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to provide funding for Juvenile Court staff training. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving an intergovernmental agreement by and between the State of Tennessee, Department of Finance and Administration, Bureau of TennCare and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide home-delivered meals to TennCare eligible elderly and disabled people and be reimbursed for such services. The resolution was approved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee recommended deferment. Mr. Maynard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving Amendment II to a contract between the Metropolitan Government and Systech International, LLC for services relating to automobile emission testing. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to improve community resources that have a positive impact on fetal-infant mortality rates. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving an amendment to a grant from the State of Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide nutritious food to low-income clients. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide rape prevention services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving a renewal of the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange for the provision of services under the Minority AIDS Initiative (MAI) for individuals affected and infected with HIV/AIDS. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide renal intervention services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving an amendment to a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and United Neighborhood Health Services to provide care to patients of the Downtown Clinic for the Homeless. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving an amendment to a grant from the Nashville Public Library Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Library, for special collection staffing. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Foster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving an application for a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, in conjunction with Animal Control, to teach offenders vocational skills and small scale fabrication of pet houses for families who adopt or need pet housing. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution accepting a grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Fire Department, to establish a fire prevention and awareness program to reduce injuries and fatalities. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving an application for a grant from the Tennessee Historical Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to research and update historic property inventories and for historic zoning design review. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,572, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the water line at M.P. 1.14 Old Hickory Branch, Nashville, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” Langster (1).
A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,002, with Nashville and Eastern Railroad Corporation relating to a track crossing at M.P. 1.88 in Nashville, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Claiborne moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (32); “Noes” Craddock, Murray, Gotto, Burch, Langster (5).
A resolution appropriating the amount of $391,000 from the General Fund Reserve Fund for the purchase of equipment and furniture for the Department of Law of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Debra L. Davis against The Metropolitan Government of Nashville and Davidson County in the amount of $13,000. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to reflect changes in emergency towing costs. 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 17.40.770 of Title 17 the Metropolitan Code, Zoning Regulations, to waive Board of Zoning Appeals application fees for certain applications filed by Members of Council, all of which is more specifically described herein. 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 creating the positions of Internal Auditor 1, Internal Auditor 2, Senior Internal Auditor, Principal Internal Auditor, and Internal Audit Manager for the Division of Metropolitan Audit of The Metropolitan Government of Nashville and Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.
An ordinance amending the Metropolitan Code to require all Metropolitan Government departments, agencies, boards and commissions to develop an “interpreter fee” to be charged to non-English speaking permit applicants. Mr. Crafton moved to defer the bill indefinitely, which motion was seconded. Mr. Jameson moved to table the motion to defer, which motion was seconded and passed by a roll call vote. Mr. Crafton moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with McFarlin Woods to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at McFarlin Woods. 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 8” sanitary sewer line and easement and abandonment of a 1” water line and easement that will be replaced by a 8” sanitary sewer line and a 8” water line to be constructed in a dedicated right-of-way in connection Project 07-SL-0185/07-WL-0124, The Woods at Monticello Phase 1, shown on Map 071-01, Parcels 075, 076, 088, and 089, 437 Monticello Street, 2404 Monticello Street, and Monticello Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-092U-3). 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 drainage easement in connection with Project 08-SG-0017, Harding Academy Sports Field, shown on Map 129-10, Parcel 092.00, Project No. 08-SG-0017 and authorizing the execution of such documents needed to carry out said transaction (Proposal No. 2008M-044U-7). 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 a portion of right-of-way for Alley No. 1215 (Proposal No. 2008M-076U-7). 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.
- BILLS ON SECOND READING -
An ordinance amending Chapter 16.28 of the Metropolitan Code to impose an additional fee for building permits for construction or demolition projects within historic zoning overlays. The Budget and Finance and Codes, Fair and Farmers Market Committees recommended deferment. Mr. Crafton moved to defer the bill indefinitely while he works with the Historical Commission on a revised fee structure, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add a “plainly audible” standard for determining certain violations of the noise ordinance and to add requirements pertaining to motor vehicle noise. The bill was approved by the Public Safety Committee. Mr. Craddock 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 right-of-way for Alley No. 236 (Proposal Number 2008M-078U-10). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Ms. 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 58th Avenue North right-of-way (Proposal No. 2008M-115U-7). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Baker 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 Alley No. 699 right-of-way (Proposal No. 2008M-060U-10). The bill was disapproved by the Planning Commission and approved by the Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. 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 authorizing the acquisition of property by negotiation or condemnation or acceptance for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 94-SC-5B-2, Washington CSO Improvements, 111 North 2nd Street, 140 North 1st Street, 110 North 1st Street, Main Street, 5 Main Street, and James Robertson Parkway (Proposal No. 2008M-082U-9). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical 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 acquisition and acceptance of certain easements described in the plans for 1435 Litton Drive, 2909, 2910, 2932, 2934 and 0 Glenmeade Drive, 2916 and 2918 Murray Circle, Stormwater Project. No. 06-D-00903, Glenmeade Drive (Proposal No. 2007M-208U-5). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. 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 authorizing the acquisition and acceptance of certain easements described in the plans for 109 and 111 Dellway Drive, and 2700A and 2703 Brunswick Drive Stormwater Project. No. 06-D-00904, Brunswick Drive (Proposal No. 2007M-197U-5). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 860 Visco Drive, 2930 Old Franklin Road, Lombardia Court, 1900 Lombardia Lane, Bell Road; 304, 306, and 308 White Bridge Road; 3823 Cleghorn Avenue; 185 and 199 Anthes Drive; 218 Crestview Drive; 2970, 2984, 2990, and 2994 Baby Ruth Lane; 8000 Highway 100; 25 Vantage Way, 515 Spruce Street, 600 Garfield Street, 214 Welch Road; 411 and 417 E. Palestine Avenue; 111 and 113 Kenner Avenue. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning an easement for a 10-foot public utility drainage easement not being used by any public entities in connection with, Project 08-SG-0018, Rosa L. Parks Boulevard Abandonment, shown on Map 081-12, Parcel 444.00, 1320 Rosa L. Parks Boulevard authorizing the execution of such documents needed to carry out said transaction (Proposal No. 2008M-043U-8). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 2F, Project No. 07-SL-223. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Jim Haley to provide public sewer service in Williamson County to Haley Industrial Park, Phase 4, Project No. 08-SL-40. The bill was approved by the Budget and Finance and Public Works Committees. 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 authorizing the Metropolitan Government to participate with Beazer Homes Corporation to provide public sewer service in Williamson County to Ballenger Farms, Phase 4, Project No. 06-SL-141. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans 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 -
BILL NO. BL2008-179
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 CS district properties located at 497 and 501 Old Hickory Boulevard, approximately 3,000 feet south of Tolbert Road (7.33 acres), all of which is described herein (Proposal No. 2008Z-040G-06). The bill was disapproved by the Planning Commission and not recommended by the Planning, Zoning and Historical Committee. Mr. Crafton offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE BILL NO. BL2008-179
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 district properties located at 497 and 501 Old Hickory Boulevard, approximately 3,000 feet south of Tolbert Road (7.33 acres), all of which is described herein (Proposal No. 2008Z-040G-06). Mr. Crafton moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Harrison, Craddock, Murray, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall (30); “Noes” Maynard, Jameson, Todd, Mitchell (4); “Abstaining” Matthews, Cole, Holleman (3).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to SP zoning property located at Sawyer Brown Road (unnumbered), approximately 540 feet north of Meadow Lane Drive, to permit the development of 130 townhome units (39.09 acres), all of which is described herein (Proposal No. 2008SP-009G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Crafton moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
BILL NO. BL2008-198
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 Council Bill BL2007-1523 to make various amendments to the Gallatin Pike Improvement District Specific Plan for properties located along Gallatin Pike between South 5th Street and Briley Parkway (263.71 acres), all of which is described herein (Proposal No. 2007SP-122U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Cole offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE BILL NO. BL2008-198
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 Council Bill BL2007-1523 to make various amendments to the Gallatin Pike Improvement District Specific Plan for properties located along Gallatin Pike between South 5th Street and Briley Parkway (263.71 acres), all of which is described herein (Proposal No. 2007SP-122U-05). Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance amending Title 5, Chapter 5.12, Article II of the Metropolitan Code to increase the additional hotel occupancy privilege tax by fifty cents, where increased revenue shall be deposited in a fund entitled “The Event and Marketing Fund,” where such increase shall expire on May 20, 2014. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Adkins moved to pass the bill on third reading, which motion was seconded. Mr. Claiborne filed petitions in opposition to the bill. The matter recurred on the motion to pass, which motion was adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Mitchell (31); “Noes” Claiborne, Crafton, Wilhoite, Coleman, Duvall (5); “Abstaining” Bennett, Todd (2).
An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing the Metropolitan Government to enter into renewal of a sewer easement and a water easement at J. Percy Priest Dam and Reservoir Project 08-SG-0001 Corps of Engineer, Easement No. DACW62-2-88-0072 (Proposal No. 2008M-005-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance abandoning a 20 foot public utility easement in connection with Project 08-SC-0031, 1707 14th Avenue South, shown on Map 105-05, Parcel 562.00, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-075U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “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 Alley No. 1834 (Proposal No. 2008M-096U-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. Durbin moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “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 Monticello Street (Proposal No. 2008M-072U-3). The bill was approved by the Planning Commission, Traffic and Parking Commission. Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing Nashville Pinnacle, LLC to install, construct and maintain an encroachment including landscaped and irrigated areas, a underground electrical duckbank, and an aerial walkway connecting to Shelby Street Pedestrian Bridge (Proposal No. 2008M-101U-09). The bill was approved by the Planning Commission, Public Works 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” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- MEMORIALIZING RESOLUTION -
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to name the Highway 100 bridge over the South Harpeth River in honor of Jessie William Gammons. The resolution was approved by the Public Works Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.