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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 Pastor Wendell Byrd of Wingate 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (40); Absent: Steine (1).
President Pro Tem Holloway presided in the absence of the Vice Mayor.
The Minutes of the regular meeting of February 6, 2001 were approved.
- ELECTIONS AND CONFIRMATIONS -
Community Corrections Advisory Board
Appointment of Ms. Mary Freeman to the Community Corrections Advisory Board for a term expiring August 31, 2003. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Mary Vowels to the Community Corrections Advisory Board for a term expiring August 31, 2003. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Board of Electrical Examiners and Appeals
Reappointment of Mr. Michael W. Campbell to the Board of Electrical Examiners and Appeals for a term expiring February 15, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Board of Fire and Building Code Appeals
Appointment of Mr. Willis McCallister to the Board of Fire and Building Code Appeals for a term expiring March 1, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Public, Educational and Governmental Access (PEG) Committee
Appointment of Mr. Waverly D. Crenshaw, Jr. to the Public, Educational and Governmental Access (PEG) Committee for a term expiring November 4, 2003. In the absence of the appointee, the confirmation was deferred without objection.
The Rules-Confirmations-Public Elections Committee recommended deferment of a proposed amendment to the Rules of Procedure of the Metropolitan Council. Mr. Ferrell moved to defer the matter, which motion was seconded and adopted without objection.
- RESOLUTIONS-
RESOLUTION NO. RS2001-492
A resolution requesting the Davidson County Administrator of Elections and the Davidson County Election Commission to take steps to improve the condition of elections in Davidson County. Mr. Wallace offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2001-492
A substitute resolution requesting the Davidson County Administrator of Elections and the Davidson County Election Commission to take steps to improve the condition of elections in Davidson County. The substitute resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Wallace moved to adopt the substitute 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, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution requesting that the Davidson County Delegation to the Tennessee General Assembly introduce and adopt legislation that would require proof of motor vehicle liability insurance before motor vehicles may be registered or have registration renewed by County Clerks. The Public Safety-Beer, Wine and Whiskey Committee recommended indefinite deferment. Mr. Alexander moved to defer action indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting that the Davidson County Delegation to the Tennessee General Assembly introduce and adopt legislation that would require owners of motor vehicles to have a valid Tennessee motor vehicle operators license before motor vehicles may be registered or have registration renewed by County Clerks. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee with an amendment. Mr. Alexander offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Alexander 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, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support the adoption of additional criminal laws relating to child pornography. The resolution was approved by the Public Safety-Beer, Wine and Whiskey 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution requesting the Metropolitan Government Director of Finance to report to the Metro Council on the amount of excess franchise fees received due to the increase of natural gas bills, and the feasibility of establishing a utility relief program for the elderly and low income residents of the Metropolitan Government. The resolution was approved by the Budget and Finance 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution requesting the Federal Energy Regulatory Commission and the Tennessee Regulatory Authority to investigate the recent dramatic increase in natural gas prices. The resolution was approved by the Budget and Finance 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution appropriating $85,000 in Community Development Block Grant funds for the construction of streetscape work and infrastructure improvements on 12th Avenue South in the 12 South Commercial District. The resolution was approved by the Federal Grants Review Committee. Mr. Greer 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, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
RESOLUTION NO. RS2001-515
A resolution supplementing and amending certain resolutions of The Metropolitan Government of Nashville and Davidson County and awarding the sale of certain series of bonds.
The Metropolitan Clerk reported that a total of four bids were received on this date on The Metropolitan Government of Nashville and Davidson County’s $343,585,000 General Obligation Public Improvement and Refunding Bonds, Series 2001B, as follows:
NAME OF BIDDER |
TRUE INTEREST RATE |
Salomon Smith Barney, Inc. |
4.431152% |
J.P. Morgan Securities, Inc. |
4.467288% |
Merrill Lynch & Co. |
4.480943% |
PaineWebber, Inc. |
4.491860% |
The bids were verified, and the following lowest bidder was recommended:
Salomon Smith Barney, Inc. |
4.431152% |
Mr. Gentry offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2001-515
A resolution supplementing and amending certain resolutions of The Metropolitan Government of Nashville and Davidson County and awarding the sale of certain series of bonds. The substitute resolution was approved by the Budget and Finance Committee. Mr. Gentry moved to adopt the substitute 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, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5667 with the State of Tennessee, Department of Transportation, for Distribution and Collection System Relocations, said construction being necessary as part of State Project No. CM/STP-254(4), 19057-2216-54, SR-254 (Old Hickory Boulevard) at Granny White Pike. (Metro Project Nos. 99-SG-195 and 99-WG-190). The resolution was approved by the Budget and Finance and Public Works 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, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution authorizing conveyance of a temporary construction easement to the State of Tennessee, Department of Transportation. The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace 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, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving a 90-day extension of the grant from the U.S. Department of Health and Human Services, Bureau of Primary Health Care, to the Metropolitan Government, by and through the Metropolitan Board of Health, for health care for the homeless in the amount of $154,293.00. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. McClendon 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, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving a grant from the State of Tennessee, Department of Health, to the Metropolitan Government, by and through the Metropolitan Board of Health, for immunization services for children and adults and for the control of vaccine preventable diseases. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services 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, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving an amendment to a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Arts Commission and the Historical Commission and Cummins Station, L.L.C. to extend the lease term. The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Ponder 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, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance approving an increase in the amount of $620,000 to a grant to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, from the State of Tennessee, Department of Transportation, for the development of the downtown greenway. 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 grant in an amount not to exceed $199,924 from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting through the 20th Judicial District Attorney General's Office for the Victims of Crime Act Grant Project titled Community Diversity Advocate Program. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance approving a grant agreement for the grant of $557,241.06 from Workforce Essentials, Inc. to the Metropolitan Government, through the Nashville Career Advancement Center, for services under the Workforce Investment Act of 1998 and the American Competitiveness and Workforce Improvement Act of 1998. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance amending Section 10.44.010 of the Metropolitan Code by redefining mass gatherings and amending Section 10.44.120 of the Metropolitan Code relating to security for crowd control. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
An ordinance accepting the donation of six thousand two hundred dollars ($6,200) to the Metropolitan Police Department Tactical Investigation Division from Gary Katz. 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 approving the transfer of certain property owned by The Metropolitan Government of Nashville and Davidson County, Tennessee, to the Metropolitan Development and Housing Agency (4005 Indiana Avenue, Tax Map 91-12, Parcel 216). 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 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 Barton Lane (unnumbered), abutting the south margin of the Cumberland River (159.64 acres), (Proposal No. 2000Z-023G-14), all of which is more particularly described herein. The bill was approved by the Planning Commission 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 Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 District to OL District properties at 105 Whitsett Road and the south margin of Whitsett Road (unnumbered), opposite Sterling Boone Drive (2.26 acres)(Proposal No. 2000Z-102U-11), all of which is more particularly described herein. The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. McClendon moved to defer action on the bill to the first regular meeting in April, the bill being requested by Jim Fleming – Music Row Printing, which motion was seconded and adopted by a voice vote of the Council.
Without objection, Bill Nos. BL2000-497, BL2000-498, and BL2001-585 were taken up together for consideration.
BILL NO. BL2000-497
An ordinance amending the Metropolitan Code, Sections 16.52.010 through 16.52.060 relative to structures unfit for occupation or use. Mr. Briley offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2000-497
A substitute ordinance amending the Metropolitan Code Sections 16.52.010 through 16.52.060 relative to structures unfit for occupation or use. The substitute bill was approved by the Codes, Fair and Farmers Market Committee.
An ordinance amending the Metropolitan Code, Sections 10.86.010 and 10.86.040 through 10.86.050 relative to the duties of the Vacant Property Review Commission. The bill was approved by the Codes, Fair and Farmers Market Committee.
BILL NO. BL2001-585
An ordinance to amend the Metropolitan Code of Laws, Chapter 16.24, to adopt minimum standards for all buildings, structures and or premises, and to amend relative to dwellings and structures unfit for human habitation, occupation or use; and to amend Chapter 2.88 by renaming the Board of Housing Code Appeals, as well as other amendments. Mr. Briley offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2001-585
A substitute ordinance to amend the Metropolitan Code of Laws, Chapter 16.24, to adopt minimum standards for all buildings, structures and/or premises, and to amend relative to dwellings and structures unfit for human habitation, occupation or use; and to amend Chapter 2.88 by renaming the Board of Housing Code Appeals, as well as other amendments. The substitute bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees.
Mr. Briley moved to pass Bill Nos. BL2000-497, BL2000-498, and BL2001-585 on second reading, which motion was seconded. Mr. Wallace moved to defer action on the bills, which motion was seconded. Mr. Briley moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. After discussion, Mr. Ferrell called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on Mr. Briley’s motion to pass on second reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Wallace, Summers, Shulman, Arriola, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, and Lineweaver (30); "Noes" Tucker, Greer, Haddox, Whitmore, Bogen (5); "Abstaining" Gilmore, Hand (2). Mr. Wallace moved to reconsider the vote on second reading, which motion was seconded by not less than four members of Council. The motion to reconsider will be placed on the March 6, 2001, agenda for Council action.
At this time the regular order of business 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 AR2a District to RM4 District a portion of property at Franklin Limestone Road (unnumbered), approximately 140 feet southwest of Billingsgate Road (25.32 acres), (Proposal No. 2000Z-070U-13), all of which is more particularly described herein. The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Kerstetter, on behalf of the sponsor, moved to defer action on the bill, the bill being requested by Dale & Associates, which motion was seconded and adopted by a voice vote of the Council.
Councilmember 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 RS10 District to RM15 District properties at 732 Due West Avenue North, abutting the west margin of Interstate 65 and Old Due West Avenue (13.81 acres), (Proposal No. 2000Z-006G-02), all of which is more particularly described herein. The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Nollner moved to pass the bill on second reading and re-refer it to the Planning, Zoning and Historical Committee, the bill being requested by Freeman Webb Company - Realtors, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 2.68.010 of the Metropolitan Code to permit boards and commissions to meet on private property when authorized by the Council. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing Education Network of America to participate with the Metropolitan Government, Department of Water and Sewerage Services, for the construction of Project No. 99-SG-267, McGavock Street between 11th and 12th Avenues South. The bill was approved by the Budget and Finance and Public Works 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 accepting grants from The Frist Foundation, The Memorial Foundation, Inc., The HCA Foundation, the Nashville Predators Foundation, the Afficus Trust, the Purity Foundation, and The Community Foundation in the total amount of $196,100.00 to provide funding for a performance audit of the Metropolitan Board of Public Education. The bill was approved by the Budget and Finance and Education 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 authorizing a grant in an amount not to exceed five thousand dollars ($5,000), between the State of Tennessee, Department of State, and The Metropolitan Government of Nashville and Davidson County, acting through the Public Library, to provide for archival supplies and equipment to assist in the preservation, arrangement and description of endangered local records. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Mayor to enter into an agreement with the City of Brentwood to sell the City water in accordance with the terms stated herein. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 162-9, Parcel 73; Ash Grove Drive). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Knoch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 162-13, Parcel 110; Cedarvalley Drive). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Knoch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, (Map 119-2, Parcel 27; 225 Desoto Drive). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Knoch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 92-6, Parcel 57; 2713 Eden Street). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Knoch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, (Map 116-11, Parcel 116; Pendleton Avenue). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Knoch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 162-1, Parcel 125; Tusculum Road). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Knoch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 121-4, Parcel 5; Western Shore Drive). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Knoch 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 Turner Street (Proposal No. 2000M-097U-05), all of which is more particularly described herein. The bill was approved by the Planning Commission and Traffic and Parking Commission; the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees recommended deferment. Mr. Campbell moved to defer action indefinitely, the bill being requested by Nancy Sutton, 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 unbuilt Alley No. 1880 (Proposal No. 2000M-134U-11), 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. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance granting a franchise to American Fiber Systems, 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.
President Pro Tem Holloway resumed the chair at this time.
- 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 and CS Districts to IWD District properties abutting the east margin of Interstate 65, south of West Trinity Lane (18.42 acres), (Proposal No. 99Z-138U-05), 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. Black moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Hand, Bogen, Shulman, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (28); "Noes" (0); "Abstaining" Tucker, McClendon, Haddox, Whitmore, Sontany (5).
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 CA District to AR2a District property at Pennington Bend Road (unnumbered), approximately 1,900 feet north of McGavock Pike (6.11 acres), (Proposal No. 99Z-170U-14), all of which is more particularly described herein. The bill was approved by the Planning Commission; the Planning, Zoning, and Historical Committee recommended indefinite deferment. Mr. Loring moved to rescind action on second reading and to defer the bill indefinitely, the bill being requested by Jim and Tim Smith, 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 canceling and amending a portion of the Commercial Planned Unit Development District located abutting the east margin of Pennington Bend Road, north of McGavock Pike, classified CA and proposed for AR2a (6.11 acres), to cancel the undeveloped Phase III approved for 204 multi-family units and amending the total number of multi-family units approved for Phases I and II to 396 units, (Proposal No. 94P-012U-14), all of which is more particularly described herein. The bill was approved by the Planning Commission; the Planning, Zoning, and Historical Committee recommended indefinite deferment. Mr. Loring moved to rescind action on second reading and to defer the bill indefinitely, the bill being requested by Jim and Tim Smith, 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, the Zoning Ordinance, primarily affecting commercial zoning districts, by creating new land use "Mobile Storage Unit"; by modifying the location of billboards in PUDs; by modifying the development and establishment of zoning fees; by eliminating a floor area ratio for multi-family developments in the OR20 and OR40 zoning districts; by modifying the definition of a boarding house; by creating a definition for hotel/motel; and by modifying final site plan review requirements (2000Z-028T, 2000Z-030T, 2000Z-031T, 2000Z-032T, 2000Z-033T, 2000Z-038T, and 2000Z-039T), all of which is more particularly described herein. The bill was approved by the Planning Commission and approved by the Planning, Zoning and Historical Committee with an amendment. Mr. Ponder offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ponder moved to defer action on the bill as amended, 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 renaming portions of McCrory Creek Road and Couchville Pike; and by naming an unnamed road, (Proposal No. 2000M-108U-13), all of which is more particularly described herein. The bill was approved by the Planning Commission, E-911 Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and failed by the following vote: "Ayes" Tucker, Hart, Balthrop, Ponder, Derryberry, Stanley, McClendon, Hausser, Whitmore, Hand, Bogen, Shulman, Sontany, Turner, Williams, Lineweaver (16); "Noes" Majors, Beehan, Campbell, Kerstetter, Knoch (5); "Abstaining" Ferrell, Waters, Briley, Gentry, Black, Nollner, Hall, Brown, Loring, Greer, Wallace, Haddox (12).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning an unnamed alley from Winfrey Street to its terminus at Alley No. 190 lying between Lewis Street and Fairfield Avenue (Proposal No. 2000M-140U-09), all of which is more particularly described herein. The bill was approved by the Planning 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance granting a franchise to Digital Access Corporation of Tennessee, Inc. to construct, operate, and maintain a telecommunications system within Metropolitan Government of Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Rule 26. The bill was approved by the Planning Commission, Budget and Finance 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance approving a lease by and between the Metropolitan Development and Housing Agency ("MDHA") and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Schools of Nashville and Davidson County, to provide a facility at 3810 Georgia Court for the One Room Drop-In School for educational services to be offered to at-risk families. The bill was approved by the Planning Commission, Budget and Finance, Education 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance approving a contract by and between the State of Tennessee, Administrative Office of the Courts ("AOC"), and The Metropolitan Government of Nashville and Davidson County, for and on behalf of the Twentieth Judicial District Trial Courts, for the performance of professional services needed for carrying out the activities of the Divorce Education and Mediation Pilot Project of the Twentieth Judicial District, for reimbursement by the State of Tennessee to the Metropolitan Government in an amount not to exceed $10,000 for the performance of said 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for 12th Avenue South, from Halcyon Avenue to Caruthers Street, Project No. 99-D-18. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
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-SL-222, Oak Highlands Off-Site Sewer. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Knoch moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance authorizing the sale of certain property described herein (Part of Parcel 5, Tax Map 51-2) located at 321 Port Drive, to the State of Tennessee in conjunction with the construction of Project No. 19012-2152-44. The bill was approved by the Planning Commission, Budget and Finance, Education 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance accepting a $70,000 payment from Seven Springs Associates, LLC, for improvements to Cloverland Drive. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Knoch moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
An ordinance accepting the donation of twenty (20) portable radios to the Metropolitan Police Department Information Services Division from Motorola Communications and Electronics. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
SUBSTITUTE BILL NO. BL2001-591
A substitute ordinance granting the consent of The Metropolitan Government Of Nashville and Davidson County to the assignment and transfer of control of the Cable Television Franchise and Cable Television System from Intermedia Partners Southeast, d/b/a AT&T Broadband, to Comcast Cable Communications, Inc. The bill was approved by the Budget and Finance and CATV Special 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (34); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.