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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. Miles Cothron of Pleasant Hill Church of Christ.
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, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver, and President Steine (39); Absent: Stanley, Bogen (2).
The Minutes of the regular meeting of May 2, 2000 were approved.
The President announced a vacancy on the Metropolitan Board of Public Education from the 4th School District which by law the Council shall fill until the next general election in August 2000. Deadline for filing nominations with the Metropolitan Clerk is Tuesday, May 23, 2000, at 4:00 p.m., and an election will be conducted by the Council at its regular meeting of June 20, 2000.
- ELECTIONS AND CONFIRMATIONS -
Appointment of Ms. Tamara Hart to the Beer Permit 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.
Community Access Television Corporation Board
Appointment of Ms. Marcie Smeck to the Community Access Television Corporation 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.
Appointment of Rep. Mary Pruitt to the Board of Fair Commissioners. 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. Carl Jones to the Human Relations Commission. 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. Leroy Curtis and Ms. Nancy Ray 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.
The President called for an election to fill an unexpired term on the
Industrial Development Board of The Metropolitan Government of Nashville and Davidson
County. Nominations previously made were: Jayne Gordon, Newt Solomon, Charles Sprintz,
Col. Robert Whitworth. Mr. Waters, Chairman of the Rules-Confirmations-Public Elections
Committee, reported that Ms. Gordon had withdrawn her name from nomination and that the
Committee had interviewed and found the three other candidates qualified to hold the seat.
The ballot was taken, and the Clerk confirmed the vote as follows: Solomon: Gentry,
Majors, Hall, McClendon, Greer, Hausser, Haddox, Whitmore, Holloway (9); Sprintz:
Loring, Summers, Williams (3); Whitworth: Ferrell, Waters, Briley, Tucker, Gilmore,
Nollner, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Wallace,
Hand, Shulman, Arriola, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Lineweaver
(25).
- RESOLUTIONS-
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to adopt legislation that would enable the Metropolitan Government to impose a one-cent gas tax on gasoline in the area of the Metropolitan Government to provide funds for public education. The resolution was not recommended by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and failed by the following vote: "Ayes" Gentry, Tucker, Gilmore, Nollner, Majors, Hart, Dillard, Derryberry, McClendon, Greer, Wallace, Summers, Arriola, Alexander, Kerstetter, Knoch, Jenkins (17); "Noes" Ferrell, Waters, Briley, Hall, Beehan, Campbell, Balthrop, Brown, Ponder, Loring, Hausser, Hand, Shulman, Sontany, Turner, Williams, Lineweaver, Steine (18); "Abstaining" Haddox, Whitmore, Holloway (3).
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 resolution was approved by the Codes, Fair and Farmers Market Committee. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution requesting the Tennessee General Assembly to adopt necessary measures to permit a constitutional referendum on a state lottery to provide funds for education. The Budget and Finance Committee recommended deferment of the resolution. Mr. Hart moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Board of Public Education to give due consideration to providing for advertising on public school buses to generate revenue for the public school system. The resolution was approved by the Education Committee. Mr. Lineweaver moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact appropriate state legislation to enable the Metropolitan Government to consolidate its various closed pension plans, subject to necessary Charter amendments. The Personnel-Public Information-Human Relations-Housing Committee recommended indefinite deferment of the resolution. Mr. Briley moved to defer action indefinitely on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Board of Public Education to appropriately recognize Mr. Jimmy Edwards, former principal of Donelson High School, at the Donelson Middle School campus. The resolution was deferred by the Education Committee. Mr. Turner, at the request of the sponsor, moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution proclaiming May 22-28, 2000, as Wireless Safety Week in Nashville. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed Two Hundred Twenty Million Dollars ($220,000,000.00). The resolution was approved by the Budget and Finance Committee with an amendment. Ms. Beehan offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Beehan moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution authorizing the issuance of not to exceed Two Hundred Twenty Million Dollars ($220,000,000.00) in aggregate principal amount of general obligation bond anticipation notes of The Metropolitan Government of Nashville and Davidson County; making provision for the issuance, sale and payment of said notes, and authorizing the expenditure of proceeds thereof. The resolution was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution appropriating One Million Seven Hundred Fifty Thousand Dollars ($1,750,000) from the unappropriated fund balance of the General Services District to fund drainage activities, street paving activities, and sidewalk construction and repairs. The Budget and Finance and Public Works Committees recommended deferment of the resolution. Mr. Lineweaver moved to defer action on the bill to the second regular meeting in June, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating $12,000 from the Contingency Account of the General Fund of the General Services District to Red Caboose Playground, Inc., to provide partial funding for the construction of the amphitheater at the Red Caboose Park. The Budget and Finance Committee recommended disapproval of the resolution; the Parks, Library, Recreation and Auditorium Committee recommended deferment of the resolution. Mr. Lineweaver moved to defer action on the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving a grant from the State of Tennessee, Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Arts Commission to partially underwrite the registration fees for staff to attend the Americans for the Arts Convention. The Budget and Finance Committee recommended deferment of the resolution. Mr. Ponder moved to defer action on the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2000-224
A resolution approving an amendment to the agreement between the U.S. Army Corps of Engineers and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Police, concerning the 2000 Plan of Operation for the provision of law enforcement services in the J. Percy Priest Lake area and authorizing the Mayor to execute same. Mr. Ponder offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2000-224
A substitute resolution approving an amendment to the agreement between the U.S. Army Corps of Engineers and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Police, concerning the 2000 Plan of Operation for the provision of law enforcement services in the J. Percy Priest Lake and Old Hickory Lake areas and authorizing the mayor to execute same. The substitute resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Ponder moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution authorizing the Director of Public Property to exercise two options to purchase real property (Map 60-1, Parcels 134 and 175) as part of Public Works Project No. 84W028B. The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Nollner moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving the compromise and settlement of the lawsuit of James Williams and Sheila Williams against the Metropolitan Government in an amount not to exceed $40,000.00 and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to make an offer of judgment to compromise and settle the claim of Russell Frohmuth against the Metropolitan Government, Officer Anthony Bourk, Officer Samuel Cooley, and Officer Shane Stokes for $10,000.00. The resolution was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
Ms. Beehan requested a suspension of the rules for consideration of one (1) late resolution and no objection was made.
A resolution electing Robert Whitworth to the board of directors of the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 District to ON District property at 2501 Crossfield Drive, abutting the east margin of McGavock Pike (.37 acres), (Proposal No. 2000Z-061U-14), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS10 District property at 2284 Hobson Pike, approximately 2,055 feet north of Hamilton Church Road (13.62 acres), (Proposal No. 2000Z-059G-13), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to IR District property at 12751 Old Hickory Boulevard, approximately 1,300 feet north of the CSX Railroad (1.67 acres), (Proposal No. 2000Z-057G-13), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of "Rubylee Drive" to "Rolynn Drive" from Druid Drive to its western terminus, (Proposal No. 2000M-026U-11), all of which is more particularly described herein. The bill was approved by the Planning Commission and E-911 Board. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to accept grant funds in the amount of $166,667 from the United States Department of Treasury to the Metropolitan Police Department of Nashville and Davidson County under the G.R.E.A.T. cooperative agreement. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for Saunders Avenue drainage, between Due West Avenue and Fairoaks Drive, Project No. 99-D-7. 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 Contract No. 2000329 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for Local Programs No. 2459, Knight Road over White’s Creek LM 2.95, and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance of traffic signals and/or street lighting or contracts and documents associated with said project. 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 acceptance of Contract No. 2000330 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for Local Programs No. 2460, Brick Church Pike over Branch LM 2.51, and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance of traffic signals and/or street lighting or contracts and documents associated with said project. 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 acceptance of Contract No. 2000244 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP No. 2272, Fesslers Lane and Spence Lane Interchange Study, and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance of traffic signals and/or street lighting or contracts and documents associated with said project. 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 approving the creation of a permanent easement on certain property owned by the Metropolitan Government (Tax Map 49, Parcel 44) and used for Alex Green Elementary School. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works, Education and Planning, Zoning and Historical Committees by a voice vote of the Council.
Without objection the rules were suspended for consideration of one (1) late bill.
An ordinance adopting the Capital Improvements Budget and Program 2000-2001 through 2005-2006 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of the Metropolitan Government of Nashville and Davidson County for Fiscal Year 2000-2001. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending 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 indefinitely on the bill, 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; Public Safety-Beer, Wine and Whiskey; and Transportation and Aviation Committees. Mr. Campbell moved to pass the bill on second reading, which motion was seconded. Mr. Summers offered Amendment No. 7 and moved for its adoption, which motion was seconded. Mr. Briley moved to amend Amendment No. 7, which motion was seconded. After discussion, Mr. Derryberry called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to amend, which motion failed by a voice vote of the Council. The matter then recurred on the motion to pass the bill on second reading, which motion was 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 R6 District to OR20 District properties at 5621 and 5623 Lenox Avenue and Lenox Avenue (unnumbered), abutting the east margin of Oceola Avenue (.59 acres), (Proposal No. 2000Z-037U-07), all of which is more particularly described herein. The bill was approved by the Planning Commission and by the Planning, Zoning and Historical Committee with an amendment. Mr. Summers offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Summers moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 District to CL District properties at Bellevue Road (unnumbered) and 7380 Old Harding Pike, approximately 100 feet south of Bellevue Road (4.06 acres), (Proposal No. 99Z-124G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Lineweaver 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 making applicable to property abutting the northeast margin of Bellevue Road and the northwest margin of Old Harding Pike, classified CL and R15 and proposed for CL District (5.76 acres), the provisions of a Planned Unit Development District, to permit a 12,900 square foot restaurant and patio, a 5,600 square foot convenience market and a 7,475 square foot restaurant for a total of 25,975 square feet (Proposal No. 2000P-002G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Lineweaver 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 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. The bill was approved by the Parks, Library, Recreation and Auditorium and Public Safety-Beer, Wine and Whiskey 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 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. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Hall 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 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, Budget and Finance; Parks, Library, Recreation and Auditorium; 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 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. The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Majors moved to pass the bill on second reading and re-refer it to the Education Committee, which motion was seconded and adopted 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, Public Works and Planning, Zoning and Historical Committees. Mr. Loring 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 5.16.060 of the Metropolitan Code by levying a One Dollar ($1.00) litigation tax on all cases in the general sessions and juvenile courts to provide funds for victim-offender mediation centers in the area of Metropolitan Government. The Budget and Finance Committee recommended deferment of the bill. Mr. Gentry, on behalf of the sponsor, moved to defer action on the bill to the second regular meeting in June, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Human Relations Commission to accept cash donations for support of their May 16, 2000, Human Relations Conference. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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 readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Book Publishing Company, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before December 1999. The bill was approved by the Rules-Confirmations-Public Elections Committee. 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 accepting donations to the Metropolitan Police Department Canine Unit during Fiscal Year 1999-2000 in the total amount of Four Thousand Three Hundred Twenty-Five Dollars ($4,325.00) and appropriating this amount to The Metropolitan Government of Nashville and Davidson County, Department of Police, to purchase equipment for the Police Special Investigation Division’s Canine Unit. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Campbell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser 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 eight alleys and three streets located on the Vanderbilt University campus (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, and by the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees with an amendment. Ms. Hausser offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Hausser moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 District to CS District a portion of property at 327 Peachtree Street, approximately 150 feet east of Nolensville Pike (.18 acres), (Proposal No. 2000Z-007U-11), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. McClendon 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "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 R20 District to CS District properties at 900 and 901 Weeping Willow Way, abutting the north margin of Dickerson Pike (.92 acres), (Proposal No. 2000Z-015G-02), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Ms. Balthrop moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Haddox, Whitmore, Hand, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (34); "Noes" (0); "Abstaining" Wallace (1).
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 District to RS20 District property at 1505 Springfield Highway, abutting the west margin of Tinnin Road (22.58 acres), (Proposal No. 2000Z-021G-02), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Balthrop 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 District to ON District property at 106 Garner Avenue, approximately 140 feet east of Gallatin Pike (.37 acres), (Proposal No. 2000Z-019G-04), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Dillard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" Ponder, Hand (2).
Ms. Beehan moved to call up Bill No. BL2000-250 at this time, and no objection was heard.
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. 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, Black, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Hand, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Knoch, Williams, Lineweaver (31); "Noes" Nollner, Hart, Whitmore, Arriola, Jenkins, Turner (6).
At this time the regular order of business was resumed.
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 RS10 District to RM2 District property at 1119 Due West Avenue North, approximately 700 feet east of Dickerson Pike (3.49 acres), (Proposal No. 2000Z-004U-02), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Nollner 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
President Pro Tem Ferrell assumed the chair at this time.
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 R40 District to IWD District property at Sidco Drive (unnumbered), abutting the east margin of Interstate 65 (.78 acres), (Proposal No. 2000Z-020U-12), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Turner 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 CL District properties at Brick Church Pike (unnumbered), opposite Brooklyn Avenue (6.1 acres), (Proposal No. 2000Z-018U-03), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and the Planning, Zoning and Historical Committee recommended deferment of the bill. Mr. Black moved to defer action on the bill to the second regular meeting in June, the bill being requested by Burns and Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.08.030 by deleting vehicular sales, limited as a permitted use in the CL Zone District (2000Z-006T), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Beehan 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS District to ORI District properties at 1524 Gallatin Avenue, between Strouse Avenue and McClurkan Avenue (1.53 acres), (Proposal No. 2000Z-022U-05), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Campbell 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 District to CS District property at 3831 Gallatin Pike, abutting the south margin of Oak Street (.52 acres), (Proposal No. 2000Z-027U-05), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and the Planning, Zoning and Historical Committee recommended deferment of the bill. Mr. Hart moved to defer action on the bill upon the committee recommendation, the bill being requested by Inglewood Baptist Church, Inc., 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 District to CS District property at 12630 Old Hickory Boulevard, approximately 3,000 feet west of Murfreesboro Pike (6.24 acres), (Proposal No. 2000Z-024G-13), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Holloway 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 R15 District to CS District properties at Westcap Road (unnumbered), abutting the east margin on Interstate 24 (10.13 acres), (Proposal No. 2000Z-035G-02), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Balthrop 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the existing Residential Planned Unit Development District abutting the east margin of 40th Avenue North and both sides of Clifton Avenue, classified RM9 (51.53 acres), approved for 550 units, (Proposal No. 2000P-004E-08), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 AR2a District to IWD District property at 2437 Pulley Road, approximately 2,100 feet west of Waggoner Road (2.94 acres), (Proposal No. 2000Z-032G-14), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Derryberry 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 AR2a District to IR District a portion of property at Knight of Columbus Boulevard, approximately 1,200 feet east of Briley Parkway (.8 acres), (Proposal No. 2000Z-039U-13), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Derryberry 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 IR District to MUL District property at 907 8th Avenue North, abutting the east margin of 9th Avenue North (1.65 acres), (Proposal No. 2000Z-048U-09), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Haddox 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 AR2a District to RS10 District properties at Hobson Pike (unnumbered), approximately 1,500 feet north of Hamilton Church Road (31.83 acres), (Proposal No. 2000Z-045U-13), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Holloway 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 R40 District to CL District properties at 7201 Whites Creek Pike and Whites Creek Pike (unnumbered), approximately 500 feet south of Eatons Creek Road (6.68 acres), (Proposal No. 2000Z-047G-01), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 amending the preliminary plan of the Commercial (General) Planned Unit Development District abutting the east margin of Whites Creek Pike, south of Interstate 24, classified CS (1.30 acres), to permit a 12,000 square foot office building, replacing a 6,000 square foot auto parts store, increasing the overall square footage within the Planned Unit Development District to 164,252 square feet (Proposal No. 61-77-G-01), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 R80 and RS15 Districts to RM2 District a portion of properties at 8916 Newsom Station Road and Newsom Station Road (unnumbered), abutting the west margin of the CSX Railroad (87.83 acres), (Proposal No. 2000Z-028G-06), all of which is more particularly described herein. The Planning, Zoning and Historical Committee recommended deferment of the bill. Mr. Gentry, on behalf of the sponsor, moved to defer action on the bill to the second regular meeting in June, the bill being requested by Barge, Waggoner, Sumner and Cannon, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting both margins of Newsom Station Road, south of Highway 70 South, classified RS15 District and R80 District and a portion proposed for RM2 District (332.04 acres), the provisions of a Planned Unit Development District, to permit 604 residential units comprised of 446 single-family lots and 158 townhome units, a pool, clubhouse and playground with access from Newsom Station Road and a one mile long greenway trail along the Harpeth River (2000P-003G-06), all of which is more particularly described herein. The Planning, Zoning and Historical Committee recommended deferment of the bill. Mr. Gentry, on behalf of the sponsor, moved to defer action on the bill to the second regular meeting in June, the bill being requested by Barge, Waggoner, Sumner and Cannon, 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 R15 District to OL District a portion of property at 277 Old Hickory Boulevard (unnumbered), approximately 2,000 feet north of Highway 70 South (2.27 acres), (Proposal No. 2000Z-051G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Gentry, on behalf of the sponsor, 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 AR2a District to RS15 District property at 5937 Mt. Pisgah Road, approximately 1,000 feet east of Edmondson Pike (1.5 acres), (Proposal No. 2000Z-031G-12), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Knoch 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 R6 District to RM20 District property at 1807 Jo Johnston Avenue, approximately 150 feet west of Dr. D. B. Todd Boulevard (.20 acres), (Proposal No. 2000Z-055U-08), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 SCR District to CS District properties at 5700 Hickory Plaza and 420 Hickoryview Drive, approximately 450 feet west of Nolensville Pike (1.51 acres), (Proposal No. 2000Z-043U-12), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Kerstetter 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 amending a portion of the Commercial (General) Planned Unit Development District abutting the southeast corner of Hickoryview Drive and Hickory Plaza, classified SCR and proposed for CS District (1.51 acres), to permit a 10,866 square foot automobile body shop, (Proposal No. 192-69-U-12), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Kerstetter 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 R6 District to CN District properties at 825 and 827 Lischey Avenue, approximately 100 feet south of Cleveland Street (.33 acres), (Proposal No. 2000Z-029U-05), all of which is more particularly described herein. The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferral. Mr. Hall moved to defer action indefinitely on the bill because of neighborhood opposition and additional information from the Planning Commission, the bill being requested by Mary C. McWhirter, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.08.030 by providing that sanitary landfills be permitted by special exception rather than permitted by right in the IR and IG Zone Districts, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Briley 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.08.030 by providing that outpatient clinics be permitted with conditions in the IWD and IR Zone Districts and amending Section 17.16.060 by establishing conditions for such use (2000Z-001T), all of which is more particularly described herein. The bill was approved by the Planning Commission and by the Planning, Zoning and Historical Committee with an amendment. Mr. Loring offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" 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, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 relating to providing for the manufacturing of compost from raw materials as a medium manufacturing activity. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Balthrop 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
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 third reading, 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, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
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 Planning Commission; Budget and Finance; Parks, Library, Recreation and Auditorium; and Planning, Zoning and Historical Committees. Mr. Gentry, on behalf of the sponsor, 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
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 third reading, 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, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
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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 third reading, 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, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 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 third reading, 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, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
President Steine resumed the chair at this time.
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 third reading, 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, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 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 third reading, 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, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 AR2a District to IR District property at Murfreesboro Pike (unnumbered), abutting the east margin of the Nashville International Airport (1.4 acres), (Proposal No. 2000Z-038U-13), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Sontany 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "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 AR2a and R10 Districts to CS District properties at 404, 412, 414, 416, 418, 420, 423, 424, 425, 428, 429, 432, 434, 437, 439, 440, 441, 442, 443, 444 Ezell Pike and Ezell Pike (unnumbered), abutting both the east and west margins of Ezell Pike between Harding Place and Southwind Drive (21.03 acres), (Proposal No. 2000Z-058U-13), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Sontany 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, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (37); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.