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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 Councilmember Leo Waters
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: 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver, and President Steine (39); Absent: Ferrell, Summers (2).
The Minutes of the regular meeting of September 18, 2001 were approved.
- ELECTIONS AND CONFIRMATIONS -
Metropolitan Action Commission
Appointment of Ms. Adinah Robertson to the Metropolitan Action Commission for a term expiring August 1, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Charitable Solicitations Board
Reappointment of Ms. Iris Buhl to the Charitable Solicitations Board for a term expiring October 9, 2003. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Kate Monaghan to the Charitable Solicitations Board for a term expiring October 9, 2002. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Harlan Dodson to Charter Revision Commission for a term expiring September 4, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Denise McBride to Convention Center Commission for a term expiring June 7, 2004. In the absence of the appointee, the confirmation was deferred without objection.
Gas/Mechanical Examiners & Appeals Board
Reappointment of Mr. John Olert Gas/Mechanical Examiners & Appeals Board for a term expiring August 21, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- BILL ON PUBLIC HEARING -
An ordinance approving the acceptance of a law enforcement block grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting through the Department of Metropolitan Police for the benefit of various departments of the Metropolitan Government. The bill was approved by the Budget and Finance, Education and Public Safety-Beer, Wine and Whiskey Committees. Mr. Dillard requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. (See next page for final action.)
Without objection the rules were suspended at this time for consideration of Resolution No. RS2001-753.
A resolution authorizing the Mayor to submit an application for a law enforcement block grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the benefit of various departments of the Metropolitan Government. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Dillard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
Mr. Dillard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
At this time the regular order of business was resumed.
- RESOLUTIONS -
A resolution requesting the Mayor, the Director of the Public Works Department, and the Director of the Health Department to take action to prevent unsafe health hazards under the Demonbreun Street Bridge. The Public Works and Health, Hospitals and Social Services Committees recommended deferment on the resolution. Mr. Wallace 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 Hospital Authority to remove the directional sign for Metropolitan Nashville General Hospital located on Charlotte Avenue. The Health, Hospitals and Social Services Committee recommended deferment on the resolution. Mr. Wallace moved to defer action indefinitely on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution opting out of the extension of hours for sale of alcoholic beverages adopted by rule of the Alcoholic Beverage Commission for the area of the Metropolitan Government. The Public Safety-Beer, Wine and Whiskey Committee recommended indefinite deferment of the resolution. Mr. Nollner moved to adopt the resolution, which motion was seconded. Mr. Briley moved to defer action indefinitely on the resolution, which motion was seconded. Mr. Alexander moved to table the motion to defer indefinitely, which motion was seconded and failed by a voice vote of the Council. Mr. Ponder moved to amend the motion to defer indefinitely to defer action to the second meeting in November, which motion was seconded and failed by a voice vote of the Council. Mr. Bogen 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 defer action indefinitely, which motion was adopted by a voice vote of the Council.
A resolution proclaiming Friday, October 12, 2001, as Metropolitan Nashville Public Schools' Safe Schools Summit. The resolution was approved by the Education Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution proclaiming Wednesday, October 10, 2001, as "Senior Expo 2001 Day". The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ponder moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution requesting the Solid Waste Division of the Department of Public Works to construct the additional convenience centers and to determine the feasibility of providing a free day each week for disposal at the convenience centers. The Public Works Committee recommended indefinite deferment of the resolution. Mr. Black moved to defer action indefinitely on the resolution, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2001-769
A resolution requesting the Metropolitan Police Department, local televisions stations, and cable providers to develop The Amanda Project within the area of the Metropolitan Government. Mr. Shulman offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2001-769
A substitute resolution requesting the Metropolitan Police Department, local television stations, and cable providers to develop the Amber Alert program within the area of the Metropolitan Government. The substitute resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Shulman moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution requesting the Mayor, the Director of the Metropolitan Department of Public Works, and the Commissioner of the State of Tennessee Department of Transportation to develop a program to coordinate interstate highway repairs and construction to improve traffic flow. The resolution was approved by the Public Works Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution providing for a $15,000.00 donation to the American Red Cross for disaster relief, and appropriating said amount from the Contingency Account of the General Services District. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution appropriating $250,000 in Urban Development Action Grant (UDAG) repayments to the Metropolitan Development and Housing Agency for economic development purposes. The resolution was approved by the Federal Grants Review Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
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" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution appropriating to the Metropolitan Board of Public Education an amount not to exceed four million, four hundred seventy-nine thousand, nine hundred and eighty-four dollars ($4,479,984) of additional revenue provided to the school district by the State of Tennessee. The resolution was approved by the Budget and Finance and Education Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution approving a contract between Xantus Healthplan of Tennessee, Inc. and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for reimbursement of non-emergency transportation services for TennCare recipients who qualify for transportation services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution approving a grant agreement for $1,459,700 from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, for the Women, Infants, and Children (WIC) Program for the provision of nutritious food to low income women, infants and children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution approving a contract by and between the Alcohol and Drug Council of Middle Tennessee, Inc. and The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Health, in the amount of $200,000.00 to provide substance abuse detoxification and treatment services for the homeless. Mr. Shulman moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving a grant from the National Endowment for the Arts to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Arts Commission for the Challenge America grant. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution authorizing the Metropolitan Mayor to enter into Agreement No. CSX-042021 with CSX Transportation for Metro's Project No. 01-WG-78, Vicinity of Benton Avenue, south of Wedgewood Avenue. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Greer moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
A resolution authorizing the reapplication for an amendment to the official zoning map rezoning the property located at 3401 Knight Drive, which amendment rezoning said property was previously disapproved by the council within the past year. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Nollner moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Gentry, Black, Nollner, Majors, Hall, Beehan, Campbell, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Hausser, Wallace, Haddox, Hand, Bogen, Shulman, Arriola, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (30); "Noes" Tucker, Gilmore, Whitmore (3); "Abstaining Derryberry, Greer, Holloway (3).
A resolution authorizing the Department of Law to compromise and settle the lawsuit of BellSouth Telecommunications, Inc. against The Metropolitan Government of Nashville and Davidson County in the amount of $28,066.90. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
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 May 15, 2001. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee.
An ordinance amending the Metropolitan Code by repealing Chapter 8.08 VICIOUS DOGS, and adopting a new Chapter 8.08 relating to vicious dogs. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services Committee by a voice vote of the Council.
An ordinance amending the Metropolitan Code by amending Chapter 8.12 relating to cruelty to animals and providing authority for chemical capture of animals. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services Committee by a voice vote of the Council.
An ordinance authorizing the acceptance of the donation of certain property (Tax Map 61-11, Parcels 299 and 305) on Matthews Avenue for the use and benefit of the Metropolitan Department of Public Works (Proposal No. 2001M-093U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee - Map 92-4, Parcel 279; 910 11th Avenue North (Proposal No. 2001M-099U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2001M-074U-13) for purpose of acquiring utility easements for use in public projects of The Metropolitan Government, as required by the State of Tennessee highway widening, specifically with relation to Project Nos. 01-SG-87 and 01-WG-81, Currey Road Bridge and approaches water and sewer. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Old Wallace Road (Proposal No. 2001M-079U-12), all of which is more particularly described herein. The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Old Welch Road (Proposal No. 2001M-078U-12), all of which is more particularly described herein. The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
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 RM9 District property at Edmondson Pike (unnumbered), approximately 500 feet south of Old Hickory Boulevard, (10.61 acres), all of which is more particularly described herein (Proposal No. 2001Z-092U-12). 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 R40 District property at 510 Franklin Limestone Road (2.4 acres), all of which is more particularly described herein (Proposal No. 2001Z?091G-13). 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 canceling a portion of the Commercial (General) Planned Unit Development District located at 4056 Andrew Jackson Way, south of Old Lebanon Dirt Road, classified within the CL District, (0.44 acres), to cancel a portion of the plan containing an auto-repair use (Proposal No. 135-78-G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance 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 IWD district to CL district properties at 2427 and 2425 Brick Church Pike, west of I-65 (6.18 acres), all of which is more particularly described herein (Proposal No. 2001Z-066U-03). 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 R10 District to IWD District property at 3401 Knight Drive, opposite Green Lane (.37 acres), (Proposal No. 2001Z-089U-03), 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 RS20 District to RM2 District a portion of property at 3711 Dickerson Pike at the western terminus of Tuckahoe Drive (15.65 acres), (Proposal No. 2001Z-072G-02), 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 R10 District to CS District property at 2318 Gallatin Pike, north of Liberty Lane (11.29 acres), all of which is more particularly described herein (Proposal No. 2001Z-097G-04). 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, Article VIII (Urban Design Overlay District) by clarifying where an urban design overlay district may be used, all of which is more particularly described herein (Proposal No. 2001Z-012T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, Section 17.16.040 (Educational Uses) by modifying and clarifying the standards for a "Community Education" use, all of which is more particularly described herein (Proposal No. 2001Z-005T2). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District) by clarifying where a structure can be located in relation to the public right-of-way (Proposal No. 2001Z-011T), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
Without objection the rules were suspended for consideration of one (1) late bill.
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 MUN District 101 and 103 Charles E. Davis Boulevard, at the northeast corner of Charles E. Davis Boulevard and Cannon Street (.24 acres), all of which is more particularly described herein (Proposal No. 2001Z-108U-11). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance authorizing
the acquisition of property by negotiation or condemnation for use in a public
project for The Metropolitan Government of Nashville and Davidson County and
specifically with relation to the construction of the new W. H. Oliver Middle
School and a future elementary school in the Nolensville Road area. The bill
was approved by the Planning Commission, Budget and Finance, Education and Planning,
Zoning and Historical Committees. Mr. Knoch moved to pass the bill on second
reading, which motion was seconded. Ms. Arriola offered Amendment No. 1 and
moved for its adoption, which motion was seconded. Mr. Jenkins moved to table
the motion to amend, which motion was seconded and adopted by a voice vote of
the Council. After further discussion, Mr. Lineweaver 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 pass on second reading, which motion was
adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2001-822
An ordinance amending Section 12.08.150 of the Metropolitan Code by reducing the authority to tow vehicles illegally parked within the area of Metropolitan Government. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the resolution. Mr. Wallace moved to defer action indefinitely on the bill, 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 an unbuilt portion
of Long Meadow Drive, (Proposal No. 2001M-050U-07), all of which is more particularly
described herein. The bill was approved by the Planning Commission, Traffic
and Parking Commission and Public Works Committee, the Traffic and Parking and
Planning, Zoning and Historical Committees recommended deferment. Mr. Alexander,
on behalf of the sponsor, moved to defer action on the bill, which motion was
seconded and adopted by a voice vote of the Council.
BILL NO. BL2001-836
An ordinance abandoning
the sewer lines and easements on Map 052-04-C, Parcels 9, 10, 11, 12, 13, 14,
15, 16, 17 and 18 (Proposal No. 2001M-068G-04) of Project No. 99-SL-214, Ravenwood
Sewer Lines and Easements Abandonment. The bill was approved by the Planning
Commission, Public Works and Planning, Zoning and Historical Committees. Mr.
Dillard moved to pass the bill on second reading, which motion was seconded
and adopted by a voice vote of the Council.
BILL NO. BL2001-837
An ordinance authorizing
Southern Woods Section Six, LP, hereinafter known as "SOUTHERN WOODS"
to participate with the Metropolitan Government, Department of Water and Sewerage
Services, hereinafter known as "METRO" for the construction of Project
No. 97-SG-84, Owl Creek Trunk Sewer. The bill was approved by the Budget and
Finance and Public Works Committees. Ms. McClendon moved to pass the bill on
second reading, which motion was seconded and adopted by a voice vote of the
Council.
BILL NO. BL2001-838
An ordinance authorizing
the Metropolitan Government to accept from Jack C. Stroud and Gail A. Stroud
$2,500.00 to fund the installation of a water line to serve 109 Barton Lane
(Project No. 01-WG-114). The bill was approved by the Budget and Finance and
Public Works Committees. Mr. Loring moved to pass the bill on second reading,
which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2001-839
An ordinance amending Chapter
6.10 of the Metropolitan Code relating to the Public, Educational and Governmental
Access Oversight Committee by changing the composition of the membership and
amending its powers and duties. The bill was approved by the Education and Personnel-Public
Information-Human Relations-Housing Committees. Ms. Williams moved to pass the
bill on second reading, which motion was seconded and adopted by a voice vote
of the Council.
BILL NO. BL2001-840
An ordinance amending Section 6.08.080 of the Metropolitan Code to provide for the creation of an Educational Access Corporation to ensure public educational access and use of educational access channels on cable systems operating under franchises from Metropolitan Government. The bill was approved by the Education and Personnel-Public Information-Human Relations-Housing Committees. Ms. Williams moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, Section 17.16.060.B (Uses Permitted with Conditions: Medical Uses-Veterinarian), by establishing a new measure for building bulk and clarifying the standards for boarding of companion animals as an accessory use to veterinary clinics (2001Z-004T), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committees. Mr. Lineweaver moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance amending Chapter 17.24 of the Metropolitan Code of Laws relative to landscaping, buffering and tree replacement requirements. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee with an amendment. Mr. Shulman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Shulman moved to defer action on the bill as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending T itle 3 of the Metropolitan Code of Laws relative to employee benefits. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Sontany moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, 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 R6 district to RM60 district properties at 2005 Jo Johnston Avenue, and 517, 521, and 525 20th Avenue North, abutting the southwest corner of 20th Avenue North and Jo Johnston Avenue (0.59 acres), (Proposal No. 2001Z-067U-08), 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. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Gentry, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (36); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 District to CS District property at 905, 909, and 911 Old Hickory Boulevard, east of Myatt Drive (1.31 acres), (Proposal No. 2001Z?058G-04), all of which is more particularly described herein. The bill was disapproved by the Planning Commission; the Planning, Zoning, Historical and Port Authority Committee recommended deferment. Mr. Dillard moved to defer action on the bill, the bill being requested by Ross Wood, which motion was seconded and adopted by a voice vote of the Council.
An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2001-2002. 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" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance authorizing the sale of certain property described herein (part of Parcel 5, Tax Map 51) located on Chadwell Drive, east of Interstate 65, 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, Public Works 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" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance authorizing the Metropolitan Government to accept certain real property from First Baptist Church. 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 third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on certain parcels of property for use in the greenway system. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance authorizing the Director of Parks and Recreation, or his designee, to accept, execute and record an agreement for grant of an easement (Nashville Mill Run Homeowners Association) on a parcel of property for use in the greenway system. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance authorizing the Director of Parks and Recreation, or his designee, to accept, execute and record an agreement for grant of an easement (Ravenwood Club of Donelson) on a parcel of property for use in the greenway system. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance approving a grant from the State of Tennessee, Office of the Secretary of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, for funds to support participation in the statewide on-line interlibrary loan system. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Gentry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance approving a grant from the State of Tennessee, Department of Correction to The Metropolitan Government of Nashville and Davidson County, acting through the State Trial Courts for the implementation of a supervision and day reporting center. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance abandoning a sewer line and easement encumbering Map 117-14, Parcel 159 (Proposal No. 99M-101U), Project No. 97-SL-33, Green Hills Commons Sewer Line and Easement Abandonment. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance abandoning the sewer lines and easements on Map 108, Parcel 66 and Map 121, Parcel 4, (Proposal No. 2000M-132U-13) of Project No. 99-SL-247, Metro Airport Sewer Lines and Easements Abandonments. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance approving a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for Title IV-D child support services. 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" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of Chandler Road between Old Hickory Boulevard and Dodson Chapel Road to "Dodson Chapel Road" and changing the name of Dodson Chapel Road from Chandler Road to its terminus to "Dodson Chapel Court", (Proposal No. 2001M-049G-14), all of which is more particularly described herein. The bill was approved by the Planning Commission, ECD Board, Public Works, Traffic and Parking 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" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of General Bates Drive (Proposal No. 2001M-054U-10), all of which is more particularly described herein. The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Turner moved to defer action on the bill until petitions are properly filed with Clerk, 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 Alley No. 1404, (Proposal No. 2001M-064G-04), 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. Balthrop moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" 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, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (38); "Noes" (0).
Upon motion duly seconded,
the meeting was adjourned.