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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 Reverend Kenneth Johnson of Evergreen 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver, and President Steine (41); Absent: (0).
The Minutes of the regular meeting of October 3, 2000 were approved.
Mr. Ferrell moved at the time of adjournment, the Council adjourn to Thursday, November 9, 2000 at 7:00 p.m., which motion was seconded and adopted by a unanimous vote of the Council.
- ELECTIONS AND CONFIRMATIONS -
CATV Special Committee
Appointment of Mrs. Betty Cannon to the CATV Special Committee for a term
expiring March 1, 2003. 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.
Charitable Solicitations
Board
Reappointment of Ms. Kate Monaghan to the Charitable Solicitations Board
for a term expiring October 9, 2001. 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.
Transportation Licensing Commission
Appointment of Mr. Lindsay Bohannon to the Transportation Licensing
Commission for a term expiring April 30, 2002. 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. Russell Willis to the Transportation Licensing Commission for a term expiring October 10, 2002. 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 Ms. Mary Samuel Woods to the Transportation Licensing Commission for a term expiring October 10, 2001. 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. James Utley to the Transportation Licensing Commission for a term expiring October 10, 2002. 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.
- RESOLUTIONS-
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to have enacted legislation that would increase pay to jurors. The Budget and Finance Committee recommended indefinite deferment at the request of the sponsor. Ms. McClendon 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 Davidson County Delegation to the Tennessee General Assembly to increase the penalty for T.C.A. Section 39-14-202 (Cruelty to Animals) from a misdemeanor to a felony. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Hart 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution amending the 2000-2001 to 2005-2006 Capital Improvements Budget (Ordinance No. BL2000-289) to reclassify existing capital improvement projects and to add various capital improvement projects. The bill was approved by the Planning Commission; Budget and Finance; Public Works; Parks, Library, Recreation and Auditorium; Health, Hospitals and Social Services; Public Safety-Beer, Wine and Whiskey; Education and Planning, Zoning and Historical Committees. Mr. Gentry 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, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "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 One Hundred Forty-Four Million Dollars ($144,000,000) to be financed by the ad valorem levy on property in the general services district and in an aggregate principal amount of Thirty-Five Million Five Hundred Thousand Dollars ($35,500,000) to be financed by the ad valorem levy on property in the urban services district. The resolution was approved by the Budget and Finance Committee. Mr. Gentry 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution authorizing an aggregate principal amount of not to exceed One Hundred Forty-Four Million Dollars ($144,000,000) to be financed by the ad valorem levy on property in the General Services District and in an aggregate principal amount of not to exceed Thirty-Five Million Five Hundred Thousand Dollars ($35,500,000) to be financed by the ad valorem levy on property in the Urban Services District 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. Mr. Gentry 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution appropriating the amount of $8,800,579 from the General Fund Reserve Fund for the purchase of equipment, and for making improvements to real property for various departments of The Metropolitan Government of Nashville and Davidson County and endorsing full funding of the Mayor’s Capital Spending recommendations. The resolution was approved by the Budget and Finance, Parks, Library, Recreation and Auditorium; Health, Hospitals and Social Services; and Public Safety-Beer, Wine and Whiskey Committees. Mr. Gentry 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution proclaiming October 2000 as National Breast Cancer Awareness Month. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Gilmore 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution proclaiming the week of October 15th through October 20th, 2000, as National Character Counts! Week. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Tucker 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution proclaiming October 21, 2000, as America Recycles Day in Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Knoch 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution requesting the Central Business Improvement District, the Downtown Partnership, The District, the Mayor’s Office, and the Department of Public Works to establish a program to provide for the display of appropriate holiday decorations and banners during the holiday season of the year 2000 and in the future. The resolution was approved by the Public Works with an amendment. 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
Without objection, the rules were suspended to consider Bill No. BL2000-426 at this time, and no objection was made.
An ordinance approving the redirection of $1,000,000 of income in the Capitol Mall Urban Development Action Grant (UDAG) from economic development activities to affordable housing activities. The bill was approved by the Budget and Finance and Federal Grants Review 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
At this time the regular order of business was resumed.
A resolution appropriating $1,000,000 in Urban Development Action Grant (UDAG) repayments to the Metropolitan Development and Housing Agency for Preston Taylor Homes. The resolution was approved by the Federal Grants Review Committee. Mr. Whitmore 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution accepting $5,300,468.76 in compromise and settlement of the Metropolitan Government’s claim against the State of Tennessee, Department of Correction. The resolution was approved by the Budget and Finance Committee. Mr. Gentry 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution approving an amendment to the Memorandum of Understanding between The Metropolitan Government of Nashville and Davidson County, the Sports Authority of The Metropolitan Government of Nashville and Davidson County, and the State of Tennessee for development of a football stadium to increase the funding for the rehabilitation of the Shelby Avenue pedestrian bridge. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Knoch 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution ratifying an agreement between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County relating to Project No. STP 1(122), the construction of improvements to the Briley Parkway/Murfreesboro Road interchange. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Knoch 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution approving Amendment No. 1 to the Agreement for operation of a foreign trade zone between The Metropolitan Government of Nashville and Davidson County and Irish Express Logistics, Incorporated. The resolution was approved by the Budget and Finance Committee. Mr. Gentry 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution approving an amendment to a lease between the Metropolitan Government and the Nashville Zoo for a parcel of property commonly known as Grassmere. The resolution was approved by the Planning Commission; the Budget and Finance, Parks, Library, Recreation and Auditorium, Education and Planning, Zoning and Historical Committees recommended deferment of the resolution. Ms. Arriola moved to defer action on the resolution, to re-refer the resolution to the Planning Commission and refer to the Traffic and Parking Commission, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving Amendment No. 5 extending the term of the contract with Vanderbilt University for an exposure control consultant for the Department of Fire and Division of Emergency Ambulance and Rescue Service. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Gentry 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution authorizing the Metropolitan Mayor to enter into Agreement No. CSX-039116 with CSX Transportation for Metro’s Project No. 95-SC-14, Dry Creek/Armstrong Sewer Rehabilitation. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Briley 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance approving a grant from the Michael and Susan Dell Foundation to The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Public Library Board, for funding for the Teen Homework and Computing Center Project. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Parks, Library, Recreation and Auditorium Committees by a voice vote of the Council.
An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $37,970.00. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5615 with the State of Tennessee, Department of Transportation, for the necessary construction of certain utilities as part of State Project No. STP-NH-155(12), 19074-3248-14, involving SR-155 (Briley Parkway) Interchange at SR-1/US-70S (Murfreesboro Road) and Metro Project Nos. 99-WG-204 and 99-SG-210. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2000M-094G-01) for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-WG-153B, Old Clarksville Pike 12" water main. 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 Whispering Hills Church of the Nazarene, hereinafter known as "Whispering Hills Church" to participate with the Metropolitan Government, Department of Water and Sewerage Services, hereinafter known as "Metro" for the construction of Sewer Project No.97-SG-84. 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 173, Parcel 45) and to be used as the site for the new Henry Maxwell 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.
An ordinance abandoning the sewer and water lines and sewer and water easements on Map 131-4, Parcel 3 (Proposal No. 2000M-093U-10) of Project Nos. 89-SL-75 and 89-WL-74A, David Lipscomb University Sewer and Water Lines and Sewer and Water Easements 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.
An ordinance abandoning a portion of the water line and easement on Map 91-14, Parcel 268 (Proposal No. 2000M-086U-07) of Project No. 99-Wl-121, DCS Enterprise Water Line 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 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 and IWD Districts to CS District properties at 2103 Nolensville Pike and Nolensville Pike (unnumbered), opposite Polk Avenue (.84 acres), (Proposal No. 2000Z-072U-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 second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County (2000Z-021T), all of which is more particularly described herein. The bill was approved by the Planning Commission, and the Planning, Zoning and Historical approved as amended. Ms. Beehan offered Amendments 1, 2, 3 and 4 and moved for their adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Beehan moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 11.12.070 of the Metropolitan Code by regulating excessive noise and hours of operation of entertainment establishments providing amplified sound. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Stanley moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to approve the granting of a permanent easement to Nashville Gas Company, a division of Piedmont Natural Gas Company, on certain property owned by the Metropolitan Government (Tax Map 103-7, Parcel 75) and presently used as the site of McCabe Golf Course. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees; the Public Works Committee recommended deferment. Mr. Summers 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 7.08.090 of the Metropolitan Code by changing the method of measuring distances from beer permit holder’s premises to public school properties. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the bill. Mr. Shulman moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 13.20.020 of the Metropolitan Code by requiring adequate notice to abutting property owners prior to excavation work in streets, roads, alleys or rights-of-way and notice of construction work to district members of council. The Public Works Committee recommended deferment of the bill. Mr. Shulman moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 13.16.010 of the Metropolitan Code by repealing provisions superseded by other code provisions and providing that persons found in violation of these provisions may obtain permits for encroachments over rights-of-way and sidewalks. The Public Works Committee recommended deferment of the bill. Mr. Wallace moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance granting a franchise to Metromedia Fiber Network Inc. to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Chapter 6, Rule 26. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Gentry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a Joint Funding Agreement between the United States Department of the Interior, Geological Survey, and The Metropolitan Government of Nashville and Davidson County, Department of Water and Sewerage Services, for the period October 1, 2000 to September 30, 2001 for the operation of stream flow gauging stations, the Cumberland River (UVM) and Cumberland River water quality sampling and monitoring sites in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Knoch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
n ordinance authorizing the acceptance of a contract between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for Contract No. 2000508, Local Program No. 2657, Project No. STP-M-4952(1), Vultee Boulevard Bridge over Murfreesboro Road (US-70S) 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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Derryberry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2000-448
An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2000M-074G-01) for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-WG-153, Joelton Water Storage Reservoir. Mr. Briley offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2000-448
A substitute ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2000M-074G-01) for the purpose of acquiring utility easements and a fee-simple take of 3.7 acres, more or less, for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-WG-153, Joelton Water Storage Reservoir. The substitute bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Briley moved to pass the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-SG-153, 4th and Chestnut Sewer System. The bill was approved by the Planning Commission, Budget and Finance, Public Works 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 authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2000M-080U-13) for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-WG-186, Elm Hill Pike/Knights of Columbus/Karen Drive to Massman Drive 48" Water Main. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Derryberry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of a 10 foot public utility and drainage easement and accepting a five foot public utility and drainage easement, both located at 1940 Air Lane Drive, (Proposal No. 2000M-100U-14), 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. Loring 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 an unbuilt portion of Alley No. 147, (Proposal No. 2000M-076U-09), all of which is more particularly described herein. The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer action on the bill, 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 MUL District properties at 1009 and 1013 Second Avenue South, approximately 174 feet south of Lafayette Street (.28 acres), (Proposal No. 2000Z-030U-11), 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. Mr. Wallace moved to defer action indefinitely on the bill, the bill being requested by Mary C. McWhirter, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 2.148.010 of the Metropolitan Code by deleting the requirement that one member of the Metropolitan Tourism and Convention Commission be associated with a theme park. 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, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
See Minute Book page 222.
An ordinance authorizing the conveyance to The Metropolitan Government of Nashville and Davidson County of an easement and park improvements located between Fourth and Fifth Avenues adjacent to the Hilton Suites Hotel. The bill was approved by the Planning Commission, Budget and Finance, Parks & Recreation 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, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance accepting the donation of a directional road sign located on McGavock Pike from the Opry Mills development to the Department of Public Works. The bill was approved by the Public Works Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Majors, Hall, Beehan, Campbell, Balthrop, Brown, Ponder, Stanley, Loring, Greer, Wallace, Whitmore, Hand, Shulman, Arriola, Alexander, Knoch, Williams, Lineweaver (24); "Noes" Hausser, Summers, Turner (3); "Abstaining" Nollner, Hart, Sontany, Jenkins (4).
An ordinance voiding the agreement dated August 27, 1956, between the City of Nashville and Consolidated Development, Inc. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Hand moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance granting a franchise to Digital Access Corporation of Tennessee, Inc. to construct, operate, and maintain a cable communications system within Metropolitan Nashville and Davidson County under the provisions of Chapter 6.08 of the Metropolitan Code. The bill was approved by the Planning Commission, CATV Special Committee, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Gentry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance granting a franchise to Knology of Nashville, Inc. to construct, operate, and maintain a cable communications system within Metropolitan Nashville and Davidson County under the provisions of Chapter 6.08 of the Metropolitan Code. The bill was approved by the Planning Commission, CATV Special Committee, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Gentry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance amending Section 2.56.530 and Section 2.56.550 of the Metropolitan Code of Laws to increase the General Sessions Courts Safety Center and DUI school fee and provide for miscellaneous administrative fees. The bill was approved by the Budget and Finance Committee. Mr. Gentry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance accepting a grant agreement between the State of Tennessee, Department of Human Services and The Metropolitan Government of Nashville and Davidson County for the provision of Title IV-D child support services. The bill was approved by the Budget and Finance Committee. Mr. Gentry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance authorizing a grant in an amount not to exceed sixteen thousand five hundred and twenty seven dollars and one cent ($16,527.01) between the State of Tennessee, Department of State, and The Metropolitan Government of Nashville and Davidson County, acting through the Public Library, to establish a dial-in audio reading service for the blind and physically handicapped. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance authorizing a grant in an amount not to exceed three thousand one hundred and forty eight dollars ($3,148.00) between the State of Tennessee, Department of State, and The Metropolitan Government of Nashville and Davidson County, acting through the Public Library, to support participation in the statewide online Interlibrary Loan System. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for Neelys Bend Road Extension, from Gallatin Pike to Madison Street, Project No. 99-R-6. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. 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, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2000M-073U-14) for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-SG-171, Briley Parkway widening. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Commission. 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, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance closing a portion of Edenwold Road Connector and dedicating a replacement of a right-of-way, (Proposal No. 2000M-077G-04) of Project No. 99-SG-184, Dry Creek Wastewater Treatment Plant, Edenwold Road Connector. The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees. 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, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2000M-032G-05) for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-WG-85, 36" Water Main from K. R. Harrington Water Plant to Hickory Hill Lane, and 99-WG-86, 24" Water Main from Cumberland Water Plant to Summit Hospital. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of Alley No. 1211 (Proposal No. 2000M-090U-07), 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. Hand moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned to November 9, 2000 at 7:00 p.m.