Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, March 19, 2002


The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Reverend Clifton Lewis, Sr. of Hopewell Baptist Church.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver, and President Steine (39); Absent: McClendon, Jenkins (2).

The Minutes of the regular meeting of March 5, 2002 were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

PROPOSED AMENDMENT TO COUNCIL RULE 23

Ms. Williams, Chair of the Rules-Confirmations-Public Elections Committee, reported that the Committee had considered and made no recommendation of the following proposed amendment to Rule No. 23 of the Rules of Procedure of the Metropolitan Council:

Any resolution or proposed ordinance on introduction and first reading shall be deferred one meeting
if such resolution or proposed ordinance is not introduced or co-sponsored by the Council member
from district concerned with the subject matter of such legislation. This provision shall not apply
to zoning measures introduced under Rule 9 or if the Council member from the district concerned
declines to introduce o co-sponsor such legislation.

Ms. Gilmore moved to adopt the proposed rule change, which motion was seconded and failed by the following vote: "Ayes" Tucker, Gilmore, Majors, Hall, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Turner, Williams, Lineweaver (24); "Noes" Ferrell, Waters, Nollner, Beehan, Alexander, Knoch (6); "Abstaining" Briley, Gentry, Black, Campbell, Hart, Dillard, Kerstetter (7).

PROPOSED AMENDMENT TO COUNCIL RULE 12

Ms. Williams, Chair of the Rules-Confirmations-Public Elections Committee, reported that the Committee had considered and recommended approval of the following proposed amendment to Rule No. 12 of the Rules of Procedure of the Metropolitan Council:

The Metropolitan Clerk shall restrict the number of memorializing resolutions, resolutions requesting
information, or similar resolutions which are not binding legislation sponsored by the same member
of Council on the agenda of any meeting to a total not to exceed three. Those resolutions placed on
the agenda shall be determined by their filing order with the Metropolitan Clerk.

Mr. Briley moved to defer action on the proposed amendment, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Mr. Robert E. McNeilly, Jr. to the Metropolitan Action Commission for a term expiring February 2, 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.

Civil Service Commission
Reappointment of Mr. Greg Rodriguez to the Civil Service Commission for a term expiring March 31, 2007. 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.

Educational Access Corporation
Appointment of Dr. David Jones, Jr. to the Educational Access Corporation for a term expiring February 5, 2003. In the absence of the appointee, the appointment was deferred.

Board of Fair Commissioners
Reappointment of Mr. Alex Joyce to the Board of Fair Commissioners for a term expiring April 6, 2007. 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.

Hospital Authority
Appointment of Mr. Waverly Crenshaw for a term expiring November 1, 2003. In the absence of the appointee, the appointment was deferred.

Board of Parks and Recreation
Reappointment of Ms. Jenny Hannon to the Board of Parks and Recreation for a term expiring April 30, 2007. In the absence of the appointee, the appointment was deferred.

Board of Property Standards and Appeals
Reappointment of Ms. Jan Bushing to the Board of Property Standard and Appeals for a term expiring April 7, 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.

Reappointment of Ms. Deborah Cole to the Board of Property Standards and Appeals for a term expiring April 7, 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.

Public, Educational and Governmental Access Committee
Appointment of Dr. Dante Roa to the Public, Educational and Governmental Access Committee for a term expiring November 4, 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.

Sports Authority
Appointment of Mr. Denny Bottorff to the Sports Authority Board for a term expiring December 19, 2005. In the absence of the appointee, the appointment was deferred.

Appointment of Mr. Ed Temple to the Sports Authority Board for a term expiring December 19, 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.

- RESOLUTIONS -

RESOLUTION NO. RS2001-768

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 deferment of the resolution. Mr. Black moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-917

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation that abolishes passage of the National Teacher Examination as a requirement for teacher licensing. The Education Committee recommended deferment of the resolution. Mr. Stanley moved to defer action on the resolution and re-refer to the Education Committee, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-934

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support the adoption of legislation SB1235/HB0295 that would enable local governments to impose real estate transfer taxes. The Rules-Confirmations-Public Elections Committee recommended deferment of the resolution. Mr. Bogen moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-935

A resolution requesting the Metropolitan Traffic and Parking Commission to reconsider its decision to deny 30 minutes of free parking in all Metro-owned lots and garages if persons park only 30 minutes or less. The resolution was approved by the Traffic and Parking Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Briley, Gentry, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (34); "Noes" (0).

RESOLUTION NO. RS2002-939

A resolution requesting the Metropolitan Department of Public Works to initiate a policy to reinstall residents' mailboxes knocked down as a result of traffic accidents, vandalism, or other unforeseen circumstances, which were originally installed into the sidewalk by the Department of Public Works. The resolution was deferred by the Public Works Committee. Mr. Dillard moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-943

A resolution authorizing the Director of Public Property to exercise an option to purchase real property (Map 98, Parcels 101 and 163 - John Hager Road) on which to construct the new Ruby Major Elementary School and a future middle school. (Proposal No. 2002M-003G-14). The resolution was approved by the Planning Commission, Budget and Finance, Education 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-947

A resolution requesting that public and privately-owned arenas and stadiums in the area of the Metropolitan Government decline to be the site for a proposed Mike Tyson heavyweight boxing event. The Rules-Confirmations-Public Elections Committee recommended indefinite deferment of the resolution. Mr. Summers moved to defer action indefinitely on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-948

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to ask Governor Don Sundquist to issue a moratorium on capital punishment and to commute the death sentence of Abu-Ali AbdurRahman. Ms. Gilmore offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2002-948

A substitute resolution requesting the Davidson County Delegation to the Tennessee General Assembly to ask Governor Don Sundquist to issue a moratorium on capital punishment. The substitute resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Gilmore moved to adopt the substitute resolution, which motion was seconded. After discussion Mr. Dillard moved for the previous for the previous questions, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Gentry, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Ponder, Greer, Wallace, Haddox, Whitmore, Holloway, Turner, Williams (17); "Noes" Nollner, Campbell, Dillard, Balthrop, Brown, Derryberry, Stanley, Loring, Hand, Kerstetter (10); "Abstaining" Briley, Hausser, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Knoch (9).

RESOLUTION NO. RS2002-956

A resolution ratifying an agreement with the Treasury Department of the State of Tennessee in order to deposit local funds for Local Program No. 3349, Bridge over CSX Railroad (LM 1.57), on Chestnut Street. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Hand moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-971

A resolution requesting the Metropolitan Development and Housing Agency to determine the feasibility of and give due consideration to providing one month free rent annually for the elderly who reside in public housing. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-972

A resolution proclaiming March 19, 2002, as Nashville.gov Day in Nashville. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Williams moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-973

A resolution requesting the Metropolitan Board of Public Education to examine the feasibility of acquiring the property located within the boundaries of Broadway, Commerce Street, 7th Avenue North, and 8th Avenue North for purposes of expanding the Hume Fogg Academic High School campus for construction of a new gymnasium and parking facility. The resolution was approved by the Education Committee. 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-974

A resolution requesting the Mayor and the Metropolitan Employee Benefit Board to submit legislation that would provide equal pension benefits for all employees of the Metropolitan Government. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Ms. Hand moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Majors, Beehan, Campbell, Balthrop, Brown, Ponder, Stanley, Loring, Greer, Wallace, Haddox, Whitmore, Hand, Shulman, Arriola, Sontany, Alexander, Knoch, Turner, and Lineweaver (26); "Noes" (0); "Abstaining" Derryberry, Hausser, Bogen, Holloway, Williams (5).

RESOLUTION NO. RS2002-975

A resolution requesting the Mayor, the Vice Mayor, and all Metropolitan Government department heads to notify and invite the district councilmember to all meetings, whether intergovernmental or with non-governmental businesses, organizations or individuals in which an issue is to be discussed that involves a matter in that councilmember's district. The Rules-Confirmations-Public Elections Committee recommended deferment of the resolution. Mr. Wallace moved to defer action on the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-976

A resolution requesting the Mayor, the Nashville Downtown Partnership, The DISTRICT, the Central Business Improvement District, Gaylord Entertainment Company, and the Country Music Hall of Fame to determine the feasibility and cost of installing a sidewalk of stars in the downtown area adjacent to the Ryman Auditorium and the Country Music Hall of Fame. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Wallace moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-977

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support House Bill 2778 and Senate Bill 2418, a proposed amendment to Tennessee Code Annotated, Title 27, Chapter 9, relative to the review of a decision of a board or commission that has revoked, suspended or denied a license or permit that is required prior to engaging in conduct protected by the First Amendment. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Gentry, Tucker, Gilmore, Majors, Hall, Campbell, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Williams, Lineweaver (29); "Noes" (0).

RESOLUTION NO. RS2002-978

A resolution requesting the Metropolitan Planning Commission to report to the Metro Council on the implementation and effectiveness of the Urban Zoning Overlay. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Briley, Gentry, Tucker, Gilmore, Majors, Hall, Campbell, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Arriola, Sontany, Alexander, Kerstetter, Knoch, Williams, Lineweaver (28); "Noes" (0).

RESOLUTION NO. RS2002-979

A resolution approving a grant agreement to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, from the State of Tennessee, Department of Health, in an amount not to exceed $514,600.00 for the provision of HIV/AIDS Prevention and Surveillance. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Haddox moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-980

A resolution approving an amendment to a grant contract by and between the U.S. Department of Health and Human Services and the Office of Emergency Management extending the contract dates and revising the reporting requirements and deliverables for implementing the Metropolitan Medical Response System Program. The resolution was approved by the Budget and Finance and Public Safety-Beer,Wine and Whiskey Committees. Mr. Campbell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-981

A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5844 with the State of Tennessee, Department of Transportation, for Distribution and Collection System Relocations, said construction being necessary as part of State Project No. STP-M-5333(1), 19958-2732-54, (Metro Project Nos. 99-SG-182A & 99-WG-177A) and ratifying an agreement with the Treasury Department of the State of Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Hand moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-982

A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5845 with the State of Tennessee, Department of Transportation, for Distribution and Collection System Relocations, said construction being necessary as part of State Project No. STP-NHE-155(16), 19047-2218-14,SR-155 (Briley Parkway) Bridges & Approaches at Curry Road over Briley Parkway. (Metro Project Nos. 01-SG-87/01-WG-81) and ratifying an agreement with the Treasury Department of the State of Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Sontany moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-983

A resolution authorizing the Department of Law to compromise and settle the lawsuit of Jason Parks against Charles Rutzky in the amount of $15,000, of which the Metropolitan Government shall contribute $12,500. 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" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

RESOLUTION NO. RS2002-984

A resolution authorizing Bailey's Pub & Grille and Fox & Hound of Tennessee Inc., to install, construct and maintain a sign over the right-of-way above the public sidewalk at 408 Broadway (Proposal 2002M-030U-09), all of which is more particularly described herein. 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2002-981

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 R10 District property at 4220 Lavergne Couchville Pike, approximately 250 feet south of Pin Hook Road, (3.95 acres), all of which is more particularly described herein (Proposal No. 2001Z-124G-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.

BILL NO. BL2002-982

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to CS District property at 4119 Murfreesboro Pike, approximately 1,100 feet northwest of Hurricane Creek Boulevard, (2 acres), all of which is more particularly described herein (Proposal No. 2002Z-004G-13). 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.

BILL NO. BL2002-983

An ordinance amending Section 13.08.030 of the Metropolitan Code to prohibit construction, installation, operation, and maintenance on any encroachment in, on, over, or under any street, road, alley, sidewalk or other public way except by permit properly issued by Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-984

An ordinance to amend the Metropolitan Code of Laws, Chapter 7.08 to permit the issuance of on-sale beer permits to performing arts facilities as defined. 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.

BILL NO. BL2002-985

An ordinance amending Section 7.08.090 of the Metropolitan Code to exempt any establishments that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages and establishments within the same building or adjoining to a building that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages for on-premises consumption from the minimum distance requirements for the issuance of beer permits. 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.

BILL NO. BL2002-986

An ordinance approving a grant to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, from the U.S. Department of Justice, Office of Community Oriented Policing Services, in an amount not to exceed $192,161.00 for a training program promoting cooperative strategies to reduce racial profiling. 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.

BILL NO. BL2002-987

An ordinance approving a grant to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, from the State of Tennessee, Department of Transportation, Governor's Highway Safety Office, in an amount not to exceed $6,000.00 for the "You Drink, You Drive, You Lose" Project Grant. 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.

BILL NO. BL2002-988

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. 01-WG-85, Hillsboro Road at Bancroft Place 8" Water Main. Eliminates the need for the Crater Hill Pumping Station and Reservoir and provides significant enhancement in the fire protection for this area. This involves an additional parcel to the existing project ( Proposal Nos. 2002M-009G-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-989

An ordinance authorizing the acceptance of Contract No. 2001602 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3284, 21st Avenue Sidewalk Improvement Project. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2002-990

An ordinance approving Amendment No. One to the lease agreement approved by Bill No. 098-1435 between the Metropolitan Government and the State of Tennessee for lease of premises on Griffith Road for an 800 MHz emergency communications tower. 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.

BILL NO. BL2002-991

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center and Opry Mills for office space for the Pearl Sims Learning and Development Center. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Personnel-Public Information-Human Relations-Housing and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-992

An ordinance authorizing AmSouth Bank and 2000 PBL Venture, Ltd. to construct, install, and maintain ground and aerial encroachments, including signs, a skylight, planters, and other architectural and landscaping features, within the public sidewalk along Deaderick Street, Union Street, 3rd Avenue North, and 4th Avenue North (Proposal No. 2001M-103U-09), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-993

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 CS District property at 919 8th Avenue South (Proposal No. 2002Z-015u-10), 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 Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2000-394

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 and R20 Districts to RM4 District properties at Sawyer Brown Road (unnumbered) and Old Hickory Boulevard (unnumbered), approximately 1,900 feet south of Ridgelake Parkway (58.81 acres), (Proposal No. 2000Z-073G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committees. Mr. Bogen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-654

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 applying a Planned Unit Development District to property located along the west margin of Old Hickory Boulevard, approximately 2,000 feet south of Ridgelake Parkway (58.81 acres), classified within the R15 and R20 Districts and proposed for RM4 District, to permit 130 condominium units, a clubhouse, and 42 acres of open space within three development phases, (58.81 acres), (Proposal No. 2001P-003G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committees. Mr. Bogen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-910

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 District to MUL District properties at 2517 Edge-O-Lake Drive and Edge-O-Lake Drive (unnumbered), and from R10 District to MUL District properties at 2500, 2510, 2514, 2518, and 2522 Murfreesboro Pike, south of Edge-O-Lake Drive (3.98 acres), all of which is more particularly described herein (Proposal No. 2001Z-104U-13). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Document in favor of and in opposition to the proposal were filed for the record. Mr. Alexander moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-973

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 421 (Proposal No. 2001M-129U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-974

An ordinance establishing the Council Afterschool Initiative, creating the Council's Taskforce on Out-of-School Time and Youth Success, authorizing the approval of a contract, by resolution, between the Metropolitan Government and Vanderbilt Child and Family Center for services in developing the Council Afterschool Initiative, and authorizing funding for said contract. The resolution was approved by the Education and Health, Hospitals and Social Services Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded. Mr. Shulman moved to table the motion to amend, which motion was seconded and adopted by a roll call vote of the Council. Mr. Turner called for the previous question, which motion was seconded without objection. The matter recurred on the motion to pass the bill on second reading, which motion was adopted by a voice vote of the Council.

BILL NO. BL2002-975

An ordinance amending Section 7.08.090A(1) of the Metropolitan Code of Laws to exempt establishments that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages for on-premises consumption from the minimum distance requirements for the issuance of beer permits. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the bill. Mr. Wallace moved to defer action on the bill upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-976

An ordinance authorizing the Metropolitan Government to accept certain property from Jimmy D. Choate and Johanna O. Choate for public right of way purposes; authorizing the abandonment of a portion of Alley No. 2027 to Jimmy D. Choate and Johanna O. Choate and Marcella Carter; and designating Alley No. 2027 as a pedestrian walkway from Marshall Street to its intersection with Alley No. 2025 (Proposal No. 2002M-004U-05). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-977

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. 01-SG-112, Pennington Bend at Briley Parkway Sewer System (Proposal No. 2001M-123G-14). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-978

An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2002M-021U-03). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Briley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-979

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing portions of Leslie Avenue; 24th Avenue North; and Alleys Nos. 909 and 927 (Proposal No. 2002M-011U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-980

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing portions of 5th Avenue North; 4th Avenue North; and Alleys Nos. 201, 508, 509 and 510 (Proposal No. 2002M-012U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Ms. Hand moved to defer action on the bill and re-refer to the Public Works Committee, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2001-805

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 and Planning, Zoning and Historical Committees. Mr. Knoch moved to defer action on the bill, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-833

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. 1088 from Brick Church Pike to its terminus, (Proposal No. 2001M-063U-03), 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. Black moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2001-892

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 86 and a portion of Alley No. 87 (Proposal No. 2001M-051U-09). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Wallace moved to defer action on the bill for clarification on a related issue, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-945

An ordinance authorizing the acceptance of Contract No. 2001659 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3349, Bridge over CSX Railroad (LM 1.57), on Chestnut Street. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-948

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 July 17, 2001. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Williams moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-949

An ordinance amending Ordinance No. O92-210 by changing the sunset date for the 1992 Procurement Code. The bill was approved by the Budget and Finance Committee. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-950

An ordinance approving an amendment to Contract Number 12689 by and between The Metropolitan Government of Nashville and Davidson County and Volume Services, Inc. for food and beverage services for the Nashville Convention Center. The bill was approved by the Budget and Finance Committee. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-951

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by naming an unnamed road "White Bridge Place", (Proposal No. 2001M-104U-07). The bill was approved by the Planning Commission, ECD Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Hand moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-952

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Belmont Boulevard "Jamesborough Place", (Proposal No. 2001M-121U-10). The bill was approved by the Planning Commission, ECD Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Turner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-953

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 1846 (Proposal No.2002M-014U-11). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Hand moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-954

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of Alley No. 932 (Proposal No. 2002M-006U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-955

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of Alley No. 1190 (Proposal No. 2001M-115U-07). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-956

An ordinance to amend the Lenox Village Urban Design Overlay District design guidelines appendix, all of which is more particularly described herein (Proposal No. 2002Z-003T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-958

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 RS5 District to CS District property at Brick Church Pike (unnumbered), north of Baptist World Center Drive (0.17 acres), all of which is more particularly described herein (Proposal No. 2001Z-059U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committees. Mr. Black moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstettr, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-961

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 CN District and RS7.5 District to CL District properties at 405 West Trinity Lane and 2206 and 2210 Monticello Drive, at the northwest corner of Monticello Drive and West Trinity Lane, (1.74 acres), all of which is more particularly described herein (Proposal No. 2002Z-001U-03). The bill was approved by the Planning Commission and 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, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

BILL NO. BL2002-962

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 District to MUL District properties at 1002, 1004, 1006, and 1010 28th Avenue North, opposite Hadley Park, (0.78 acres), all of which is more particularly described herein (Proposal No. 2001Z-102U-08). 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" Ferrell, Briley, Gentry, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (33); "Noes" (0); "Abstaining" Summers (0).

BILL NO. BL2002-964

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan of the Planned Unit Development District located abutting the north margin of Old Hickory Boulevard and the east margin of Franklin Pike Circle, classified OR40 and CL Districts, (14.42 acres), to permit the development of three 6-story, 150,000 square foot office buildings and parking garages, and two, 8,000 square foot restaurants, replacing 130 condominium units, a 10 story, 250,000 square foot office building and two 8,000 square foot restaurants, all of which is more particularly described herein (Proposal No. 94P-009U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. At the request of the sponsor, Mr. Turner moved to defer action on the bill, the bill being requested by Barge, Cauthen and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-968

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Commercial Planned Unit Development District located abutting the north margin of Lebanon Pike between Andrew Jackson Parkway and Shute Lane, classified SCR District, (23.06 acres), to permit the addition of 3.82 acres, classified CS District, and the development of a 203,622 square foot Wal-Mart Supercenter, and to relocate a 6,500 square foot Blockbuster video rental store, replacing a 111,713 square foot retail center, a 19,715 square foot theater, and a 6,503 square foot video rental store, all of which is more particularly described herein (Proposal No. 91-71-G-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Brown moved to defer action on the bill, the bill being requested by Carlson Consulting Engineers, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-969

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 17.32.040 (Exempt Signs) pertaining to official government, fraternal, religious or civic flags (Proposal No. 2002Z-005T). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment of the bill. Mr. Majors moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-972

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS District to ORI District properties at 2219, 2305, 2401, 2405, 2409, and 2415 Charlotte Avenue, 340 23rd Avenue North, 345 24th Avenue North, and 310 25th Avenue North, east of Park Plaza, (2.47 acres), all of which is more particularly described herein (Proposal No. 2002Z-002U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Turner, Williams, Lineweaver (38); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned.