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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 Joanne Robertson of the Metropolitan Interdenominational 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, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver, and President Steine (38); Absent: Gilmore, Derryberry, Hand (3).
The Minutes of the regular meeting of October 16, 2001 were approved.
- ELECTIONS AND CONFIRMATIONS -
Charitable
Solicitations Board
Reappointment of Ms. Shelby Tabeling to the Charitable Solicitations Board for
a term expiring October 9, 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.
Community
Access Television Corporation Board
Reappointment of Mr. Donald Hildebrand to the Community Access Television Corporation
Board for a term expiring October 10, 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.
Appointment of Mr. Amit Patel to the Community Access Television Corporation Board for a term expiring October 10, 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.
Appointment of Ms. Linda Wynn to the Community Access Television Corporation Board for a term expiring October 10, 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.
Fire
and Building Code Appeals Board
Appointment of Mr. James Buckley to the Fire and Building Code Appeals Board
for a term expiring March 1, 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.
Metropolitan
Development and Housing Agency
Reappointment of Mr. John C. Cole to the Metropolitan Development and Housing
Agency for a term expiring November 5, 2006. 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.
- CONSENT AGENDA RESOLUTIONS-
A resolution recognizing Elsie and Conley Haynes on their 60th wedding anniversary.
A resolution recognizing Oral T. and Mildred Gentry Smith on their 50th wedding anniversary.
A resolution recognizing Dr. Steve B. Gordon on being elected as the 2002 National Institute of Governmental Purchasing President.
A resolution recognizing Alvin Wade, Jr. on being named President of Top Teens of America.
A resolution recognizing JoAnn McLendon North as the first female to be elected to an At-Large seat on the Metropolitan Nashville Davidson County Council.
A resolution recognizing Rhonda Brigail Reece on outstanding leadership skills.
A resolution recognizing the 2001 Donelson Civitan 14 & Under Slow Pitch Travel Team.
A resolution recognizing the 9 and 10-year-old Girls Fast Pitch Softball Team for 2001.
A resolution recognizing the Bellevue Middle School Cheerleaders.
A resolution recognizing the participants in the 18th annual International Lineman's Rodeo.
A resolution honoring Cecil D. Branstetter, Sr.
A resolution recognizing Cynthia Williams on winning the "Torch Bearer Award".
A resolution recognizing Aaron Chester.
A resolution honoring the Meigs Magnet School 2000-2001 Chess Club.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. Williams moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
- RESOLUTION -
RESOLUTION NO. RS2001-811
A resolution approving the election of certain notaries public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee with an amendment. Ms. Williams offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Williams moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
- BILLS ON PUBLIC HEARING -
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 RM4 District property at 934 Massman Drive, south of I-40 (.58 acres), (Proposal No. 2001Z-052G-13), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Ponder 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. Mr. Ponder, on behalf of the sponsor, moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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. Mr. Nollner moved to withdraw the bill, which was replaced by Bill No. BL2001-853 and requested by Jerry and Linda Smotherman, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS15 District property at 5722 Cane Ridge Road on the east side of Cane Ridge Road, south of Old Franklin Road (30.6 acres), (Proposal No. 2001Z-075G-12), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Knoch 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Knoch moved to defer action indefinitely on the bill for further discussion and study, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, the zoning code for Metropolitan Nashville and Davidson County, by amending Section 17.40.600 by authorizing the zoning administrator to act immediately regarding violations of Title 17 of the Metropolitan Code which concern the public health, safety and welfare of the citizens of Davidson County, Tennessee and to notify the landowner or the operator as to violations of Title 17 of the Metropolitan Code. The bill was approved by the Planning Commission. Mr. Loring 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. Mr. Loring moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, the zoning code for Metropolitan Nashville and Davidson County, by amending Section 17.40.520 to require individuals or entities seeking to construct or alter a structure or initiate a change in the use of property to file an application for a zoning permit. The bill was approved by the Planning Commission. Mr. Loring 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. Mr. Loring moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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. Mr. Jenkins 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. Mr. Jenkins moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to 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. Ms. Sontany 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. Ms. Sontany moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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). The bill was disapproved by the Planning Commission. Mr. Ponder 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. Mr. Ponder moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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. Mr. Black 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. Mr. Black moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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. Mr. Nollner 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. A petition was filed in favor of passage of the bill. Mr. Nollner moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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 approved by the Planning Commission. Mr. Nollner 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. Mr. Nollner moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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. Ms. Balthrop 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. Ms. Balthrop moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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, 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). The bill was approved by the Planning Commission. Mr. Summers 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. Mr. Summers moved to pass the bill on second reading and defer action to the first meeting in December, 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, 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). The bill was approved by the Planning Commission. Mr. Summers 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. Mr. Summers moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical and Education Committees, 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, 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. The bill was approved by the Planning Commission. Mr. Summers 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. Mr. Summers moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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). The bill was disapproved by the Planning Commission. Mr. Wallace 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. Mr. Wallace moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
Notice was given by the President of three vacancies on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County, which vacancies by law are to be filled by the Council. Nominations will be taken at the meeting of November 20, 2001, and an election held to fill the vacancies at the meeting of December 4, 2001.
- BILLS ON INTRODUCTION AND FIRST READING -
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 Liberty Circle to "East Palestine Avenue" between Argyle Avenue and East Palestine Avenue; and to "East Webster Street" between East Webster Street and East Palestine Avenue, (Proposal No. 2001M-091G-04). The bill was approved by the Planning Commission and ECD Board. 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 a portion of 63rd Avenue North (Proposal No. 2001M-075U-07). 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 authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review Committee by a voice vote of the Council.
An ordinance authorizing the acceptance of Contract No. 2001566 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3226, Improvements to Hillsboro Pike. 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 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, 2001 to September 30, 2002 for the operation of stream flow gauging stations, the Cumberland River (UVM) and Cumberland River water quality sampling and monitoring sites in Davidson County. 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 lease and sale of certain property owned by The Metropolitan Government of Nashville and Davidson County, Tennessee - Tax Map 72-5, Parcel 177; 3010 Ambrose Avenue (Proposal No. 2001M-112G-06). 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 a lease agreement by and between The Metropolitan Government of Nashville and Davidson County and the Policeman's Benefit Association for the lease of the DeBerry Correctional Building. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Safety-Beer, Wine and Whiskey and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Director of Parks and Recreation, or his designee, to accept, execute and record an agreement for grant of an easement on a parcel of property for use in the greenway system. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the 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. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the placement of automatic teller machines (ATM's) in the Criminal Justice Center, Hermitage Police Precinct and South Police Precinct (Proposal No. 2001M-113U-09). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Safety-Beer, Wine and Whiskey and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Police Department of The Metropolitan Government of Nashville and Davidson County to make donations to the Tennessee Police Athletic League. 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 abandoning a portion of a sewer line and easement on Map 131-6-A, Parcel 17 of Project No. 01-SL-133, Burton Hills Sewer Line and Easement Abandonment (Proposal No. 2001M-094U-10). 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.
Upon motion duly seconded,
the meeting was adjourned.