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Minutes
Metropolitan Council Meeting
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Minutes
Metropolitan Council Meeting
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The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Rev. Bill McGinnis of Dalewood Baptist Church.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver, and President Steine (39); Absent: Stanley, Jenkins (2).
The Minutes of the regular meeting of April 4, 2000 were approved.
- ELECTIONS AND CONFIRMATIONS -
Reappointment of Mr. Robert Tuke to the CATV Special Committee. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Emergency Communications District Board
Appointment of Mr. Ron Filson to the Emergency Communications District Board. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointments of Mr. Charles Anderson and Dr. John Flanagan and appointments of Mrs. Kathryn Barnett and Mr. Mark Deutschmann to the Board of Equalization. The Rules-Confirmations-Public Elections Committee recommended the appointments, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Board of Fire and Building Code Appeals
Reappointment of Mr. Rodney Wilson to the Board of Fire and Building Code Appeals. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. J. Stanley Fossick to the Board of Parks and Recreation. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Dr. Emmett Fields to the Public Library Board. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Taxicab and Wrecker Licensing Board
Reappointments of Mr. Bernard McGehee and Ms. Mattielyn Williams to the Taxicab and Wrecker Licensing Board. The Rules-Confirmations-Public Elections Committee recommended the appointments, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Dwight Beard to the Vegetation Control Board. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Notice was given by the President of one vacancy on the Industrial Development Board of the Metropolitan Government for a term expiring August 23, 2005, which vacancy by law is to be filled by the Council. Nominations will be taken at the meeting of May 2, 2000 and an election held to fill the vacancy at the meeting of May 16, 2000.
- RESOLUTIONS-
A resolution requesting the Mayor, the Metropolitan Development and Housing Agency, and the Department of Codes Administration to review all structures condemned by the Department of Codes Administration as uninhabitable to determine those suitable for affordable housing. The Codes, Fair and Farmers Market Committee recommended indefinite deferment of the resolution. Mr. Wallace moved to defer action indefinitely, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2000-193
A resolution requesting the Mayor to take all necessary action to terminate the unlawful operation of Show Me Farms. The Rules-Confirmations-Public Elections Committee recommended withdrawal of the resolution. Mr. Briley moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving a contract for a grant in an amount not to exceed $75,000 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 for the provision of primary dental care services at the downtown clinic for the homeless. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Arriola moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution approving a contract for a grant in the amount of $442,800 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 for the provision of access to adequate prenatal and well child care and to promote child development for a Healthy Start. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Arriola moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Richard F. Beehler and Virginia F. Beehler against The Metropolitan Government of Nashville and Davidson County for $25,000 and directing that this amount should be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution accepting $5,914.66 in compromise and settlement of the Metropolitan Government's claim against Wackenhut Security. The resolution was approved by the Budget and Finance Committee. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Section 13.24.090 of the Metropolitan Code to permit the sale of alcoholic beverages in the stadium club or restaurant and suites at Greer Stadium during professional baseball games. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library, Recreation and Auditorium and Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
An ordinance amending Section 11.12.060(A) of the Metropolitan Code of Laws relative to the prohibition of permitting prostitution, drunkenness, unlawful sale of alcoholic beverages, gambling, the sale, exhibition or possession of any obscene material or obscene conduct, fighting or loud noise. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
An ordinance authorizing the acceptance of a donation of certain property to The Metropolitan Government of Nashville and Davidson County, Tennessee, for the use and benefit of the Department of Parks and Recreation (Tax Map 47, Parcels 99 and 111 – Blue Berry Hill Road). 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, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the sale of certain property described herein (Part of Parcel 7, Tax Map 61) located east of Briley Parkway, to the State of Tennessee in conjunction with the construction of Project No. 19076-2236-14. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance abandoning the sewer lines and easements on Map 84-16, Parcel 119 and Map 95-4, Parcel 6 and 7, (Proposal No. 2000M-024U-14) of Project No. 99-SG-150, McGavock Pike Kroger sewer lines and easement abandonment. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending Section 12.68.170 and Section 12.68.180 of the Metropolitan Code by creating a presumption of guilt of the offense of careless driving or reckless driving when using a cellular telephone when committing various traffic offenses. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the bill. Mr. Briley moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance accepting certain water and sanitary sewerage facilities constructed during fiscal year 1998 – 1999 and financed by private developers and approved by the Director of the Department of Water and Sewerage Services in accordance with Section 15.52.010 et seq., of the Metropolitan Code of Laws. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance regulating the licensure and operation of towing services, the towing of vehicles from private property without the consent of the owners of said vehicles, requiring wrecker companies to accept checks and major credit cards for towing and storage of vehicles, providing penalties for the violation of the wrecker regulations, and for the assistance of police officers in the enforcement of the regulations. The bill was approved by the Budget and Finance Committee; and approved by Public Safety-Beer, Wine and Whiskey and Transportation and Aviation Committees with an amendment. Mr. Campbell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring offered Amendment No. 2 and moved for its adoption, which motion was seconded. Mr. Waters moved to table the motion to amend, which motion was seconded and adopted by a roll call vote of the Council. Mr. Loring offered Amendment Nos. 3, 4, 5 and 6 and moved for their adoption, which motion was seconded. Mr. Derryberry moved to table the motion to amend, which motion was seconded and adopted by a voice vote of the Council. Ms. Hand moved to defer the bill on second reading, which motion was seconded. Mr. Waters moved to table the motion to defer, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to defer, which motion was adopted by a voice vote of the Council.
An ordinance approving an agreement between the Metropolitan Government and the Tennessee Valley Authority, the Nashville Electric Service and the Cumberland Museums, Inc., relating to the installation of a solar powered electricity generating facility at the Cumberland Museum and granting an easement. The bill was approved by the Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Mr. Bogen 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 Industrial Development Board of Nashville and Davidson County to participate with the Metropolitan Government, Department of Water and Sewerage Services, for the construction of Project No. 98-WG-65 per the attached amended agreement. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Sontany 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 5 of the Metropolitan Code of Laws relative to providing funding for public art projects and providing for public art guidelines. The bill was approved by the Budget and Finance Committee. Mr. Beehan moved to pass the bill on second reading, which motion was seconded. Mr. Alexander moved to defer the bill indefinitely, which motion was seconded. Mr. Ponder moved to table the motion to defer indefinitely, which motion was seconded and adopted by a voice vote of the Council. After discussion, Mr. Shulman called for the previous question, which motion was seconded and adopted without objection. The matter recurred on the motion to pass on second reading, which motion was adopted by a voice vote of the Council.
An ordinance authorizing Williams Communications, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, (Proposal No. 99M-141-U-00), all of which is more particularly described herein. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Majors 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 closing a portion of Alley No. 12 (Proposal No. 2000M-003-09), all of which is more particularly described herein. The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on 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 closing Alley No. 1116 (Proposal No. 2000M-022U-05), all of which is more particularly described herein. The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Hart 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 public utility easement in the portion of Alley No. 1207 between Tennessee and Kentucky Avenues, (Proposal No. 2000M-018U-07), all of which is more particularly described herein. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2000-255
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning public utility easements on the site of Blair School of Music, Vanderbilt University, (Proposal No. 2000M-025U-10), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Ponder requested permission to withdraw the bill, which permission was granted by the unanimous vote of the Council.
- BILLS ON THIRD READING -
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of additions to Head Middle School. The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (36); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 District to IWD District properties at 411, 413, 417, 431, 2718 Haynie Avenue, Haynie Avenue (unnumbered), 429, 433, 439, 441, 445, 447, 449, 451, 453, 455 Woodfolk Avenue, Woodfolk Avenue (unnumbered), 2728 Brick Church Pike, and Brick Church Pike (unnumbered), abutting the west margin of Brick Church Pike and both margins of Haynie Avenue (6.26 acres), (Proposal No. 2000Z-001U-03), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committees. Mr. Black moved to defer action indefinitely on the bill, the bill being requested by J. Carson Stone, Esq./ Schulman, LeRoy & Bennett PC for owners, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for Rural Hill Road widening, from Rice Road to Murfreesboro Pike, Project No. 91-R-3. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (36); "Noes" (0).
An ordinance authorizing the acceptance of a grant agreement between Tennessee Emergency Management Agency and the Mayor’s Office of Emergency Management for tornado reimbursement in an amount not to exceed $630,552. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (33); "Noes" (0).
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation in the amount of $15,000 from Southfork Development, Ltd. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (33); "Noes" (0).
An ordinance authorizing Hugh Cates, d.b.a. Pinkerton Estates to participate with the Metropolitan Government, Department of Water and Sewerage Services to provide Pinkerton Estates sewerage service, by the construction of the Owl Creek Trunk Sewer, Project No. 97-SG-84. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Knoch moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (33); "Noes" (0).
An ordinance abandoning the sewer line and easement on Map 104-3, Parcel 259, (Proposal No. 99M-157U-10) of Project No. 99-SL-31, Vanderbilt University consolidation easement abandonment. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (33); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Pierce Avenue from 24th Avenue South to the western edge of Alley No. 639 (Proposal No. 2000M-014U-10); and by closing Capers Avenue from 25th Avenue South to the western edge of Alley 639 and 23rd Avenue from Capers Avenue to Blakemore Avenue (Proposal No. 2000M-015U-10), all of which is more particularly described herein. The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (33); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.