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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 Rev. Jimmy Greer Sr. of Sylvan Street 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver, and President Steine (40); Absent: Hart (1).
The Minutes of the regular meeting of March 19, 2002 were approved.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
PROPOSED AMENDMENT TO COUNCIL RULE 12
Ms. Williams, Chair of the Rules-Confirmations-Public Elections Committee, reported that the Committee had considered and recommended adoption 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. Turner moved to adopt the proposed rule change, which motion was seconded
and failed by the following vote:
"Ayes" Nollner, Balthrop, Brown, Ponder, Stanley, Loring, McClendon,
Greer, Hausser, Haddox, Whitmore, Hand, Bogen, Kerstetter, Knoch, Jenkins, Turner,
Williams, and Lineweaver (19); "Noes" Ferrell, Briley, Gentry, Tucker,
Majors, Hall, Beehan, Wallace, Summers, Shulman, Arriola, Sontany (12); "Abstaining"
Waters, Gilmore, Black, Campbell, Dillard, Alexander, Holloway (7).
- ELECTIONS AND CONFIRMATIONS -
Educational
Access Corporation
Appointment of Dr. David Jones, Jr. to the Educational Access Corporation for
a term expiring February 5, 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.
Hospital
Authority
Appointment of Mr. Waverly Crenshaw to the Hospital Authority 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.
Sports
Authority
Appointment of Mr. Denny Bottorff to the Sports Authority for a term expiring
December 19, 2005. In the absence of the appointee, the appointment was deferred.
- RESOLUTIONS -
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. 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. 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. Mr. Stanley offered a substitute resolution and moved that it be accepted for filing, and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2002-917
A substitute resolution requesting the appropriate state authorities to review the use of the National Teacher Examination as a requirement for teacher licensing. The resolution was approved by the Education Committee. Mr. Stanley moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
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 resolution was approved
by the Rules-Confirmations-Public Elections Committee. Mr. Bogen moved to adopt
the resolution, which motion was seconded. After discussion Mr. Ferrell moved
for the previous question, which motion was seconded and adopted by a voice
vote of the Council. The matter recurred on the motion to adopt the resolution,
which motion was adopted by the following vote: "Ayes" Tucker, Gilmore,
Majors, Ponder, Derryberry, Stanley, McClendon, Greer, Hausser, Wallace, Whitmore,
Summers, Shulman, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams
(19); "Noes" Ferrell, Waters, Briley, Gentry, Black, Nollner, Hall,
Beehan, Campbell, Dillard, Brown, Loring, Haddox, Hand, Bogen, Arriola, Sontany
(17); "Abstaining' Balthrop, Lineweaver (2).
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. Mr. Dillard moved to withdraw the resolution, which motion was seconded and adopted without objection.
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 resolution was disapproved by the Rules-Confirmations-Public Elections Committee. Mr. Wallace moved to withdraw the resolution as the sponsor is satisfied that notice will be provided as desired, which motion was seconded and adopted without objection.
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 defer action indefinitely on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution proclaiming April 1, 2002 - April 30, 2002, as Child Abuse Prevention Month. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Beehan 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution proclaiming the week of April 7th - April 13th as "Week of the Young Child" for 2002. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Beehan 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution proclaiming April 20, 2002, as Earth Day in Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution proclaiming the week of April 21st through April 27th, 2002, to be Nashville, Davidson County, Tennessee Crime Victims' Rights Week, and celebrates victims' voices as an important chorus for fairness and dignity. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Beehan 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution proclaiming April 24th - April 26th, 2002, as Asian American Hotel Owners Association days in Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Waters 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution requesting the Metropolitan Hospital Authority to make reports to the Metro Council on the operation of Bordeaux Hospital and action taken on state inspection reports. The resolution was approved by the Health, Hospitals and Social Services Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution requesting the Mayor and the Metropolitan Employee Benefit Board to maintain partial payments for health insurance for present and future retirees of the Metropolitan Government. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Lineweaver moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support the adoption of Senate Bill 2748 - House Bill 2830 which would exclude Metropolitan Government from zoning provisions that allow non-conforming business uses to continue operations after zone changes. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Summers moved to adopt the resolution, which motion was seconded. Mr. Briley moved to defer the bill indefinitely, which motion was seconded. Mr. Summers moved to table the motion to defer indefinitely, which motion was seconded and adopted by a roll call vote of the Council. Mr. Ferrell moved to defer the bill, which motion was seconded. Mr. Bogen moved to table the motion to defer, which motion was seconded and adopted by a voice vote of the Council. After discussion, Mr. Dillard moved for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt the resolution, which motion was adopted by the following vote: "Ayes" Gilmore, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (23); "Noes" Briley, Gentry, Tucker, Nollner, Majors, Hall, Beehan, Whitmore Arriola (9); "Abstaining" Ferrell, Waters, Campbell, Brown, Hand, Lineweaver (6).
A resolution endorsing the 2002 Update Plan for the North Nashville Community adopted by the Metropolitan Planning Commission on January 24, 2002. The Planning, Zoning, and Historical Committee recommended deferment of the resolution. Mr. Whitmore moved to defer action on the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating two hundred fifty thousand dollars ($250,000) from the reserve for council community police program account of the General Services District to the Metropolitan Nashville Police Department to fund the "Metropolitan Police Community Response Teams" to increase community policing. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees as amended. Ms. Hausser offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dillard moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution authorizing the execution, terms, issuance, sale and payment of general obligation energy production facility refunding bonds in the aggregate principal amount of not to exceed Seventy-Two Million Dollars ($72,000,000) of The Metropolitan Government of Nashville and Davidson County (Tennessee). 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution approving a grant 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 $442,800.00 for provision of the Healthy Start Program. 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Health Department, and the State of Tennessee, Department of Health, for the provision of laboratory testing. 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution approving the compromise and settlement of the lawsuit of Adrien Jenkins, next friend of Waymon Jenkins, against The Metropolitan Government of Nashville and Davidson County for the amount of fourteen thousand, two hundred dollars ($14,200) and directing that this amount be paid out of the self-insured liability fund. 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution authorizing the Department of Law to compromise and settle all issues and possible claims that the Metropolitan Government may have against UBS PaineWebber Inc. and W. Keith Phillips as the employee of UBS PaineWebber Inc. through the payment by UBS PaineWebber Inc. of ten million dollars ($10,000,000.00) to the Metropolitan Government Trust Funds and three hundred thousand dollars ($300,000.00) to the Judgments and Losses Fund of the Department of Law. 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution setting a public hearing for a proposed amendment to the Capitol Mall Redevelopment Plan. The resolution was approved by the Federal Grants Review 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
Without objection the rules were suspended for consideration of one (1) late resolution.
A resolution approving an agreement between the Metropolitan Government and Acton Mobile Industries, Inc. for two mobile offices and associated fixtures. 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" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
- ANNOUNCEMENTS -
VACANCY ON METROPOLITAN BOARD OF PUBLIC EDUCATION
The President gave notice of a vacancy on the Metropolitan Board of Public Education for the School District 2 seat. Deadline for nominations to be filed with the Metropolitan Clerk is 4:00 p.m. on Tuesday, April 9, 2002. Nominees will be notified to appear before the Rules-Confirmations-Public Elections Commission on April 16, 2002, and an election to fill the vacancy will be held at the meeting of the Council on April 16, 2002.
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL and RS10 Districts to CS District property at 1000 East Thompson Lane and East Thompson Lane (unnumbered), south of Currey Lane, (6.08 acres), all of which is more particularly described herein (Proposal No. 2002Z-032U-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.
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 a portion of property located at Murfreesboro Pike (unnumbered), abutting the south margin of Hamilton Church Road, (37 acres), all of which is more particularly described herein (Proposal No. 2002Z?025U?13). 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 AR2a District to RS7.5 District property at Moss Road (unnumbered), across from Winton Drive, (28.16 acres), all of which is more particularly described herein (Proposal No. 2002Z?016U?13). 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 R8 District to RM2 District property at 820 Youngs Lane, approximately 450 feet west of McKinley Street (4 acres), all of which is more particularly described herein (Proposal No. 2001Z?107U?03). 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 OR20 District to CS District properties at 708 Old Hickory Boulevard, 108 Hillcrest Drive and Old Hickory Boulevard (unnumbered), (0.88 acres), all of which is more particularly described herein (Proposal No. 2002Z?027G-04). 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 and OR20 Districts to CS District properties at Royal Parkway (unnumbered), at the intersection of Royal Parkway and Rachel Drive, (11.53 acres), all of which is more particularly described herein (Proposal No. 2002Z-020U-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 amending a portion of the Commercial Planned Unit Development District located abutting the north margin of Old Hickory Boulevard and the east margin of Andrew Jackson Parkway, classified within the R8 district, (.10 acres), to permit the relocation of the eastern property line to add .10 acres into the PUD district to allow for additional parking spaces, all of which is more particularly described herein (Proposal No. 13-87-P-14). 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 amending a portion of the existing Commercial Planned Unit Development District located abutting the north margin of Old Hickory Boulevard and the west margin of Andrew Jackson Way, classified within the R8 District (.10 acres), to permit the shifting of the western property line to allow additional parking spaces on the adjacent PUD (13-87-P-14), all of which is more particularly described herein (Proposal No. 60-86-P-14). 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 CL District to CS District property at Sells Drive (unnumbered), approximately 300 feet east of Old Hickory Boulevard, (1.44 acres), all of which is more particularly described herein (Proposal No. 2002Z-024G-14). 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. BL2002-1003
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 a portion of the Commercial Planned Unit Development District located
abutting the east margin of Old Hickory Boulevard and the north margin of Sells
Drive, classified within the CL district and proposed for CS district, (1.44
acres), to permit a 10,000 square foot boat sales facility, replacing an undeveloped
40,950 square foot, 80 unit, 6-story hotel, all of which is more particularly
described herein (Proposal No. 210-73-G-14). 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 RM9 District property at 2106 Porter Road, at the intersection of Porter Road and Hayden Drive, (0.51 acres), all of which is more particularly described herein (Proposal No. 2002Z-014U-05). 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 AR2a District to CS District property at 4034 LaVergne Couchville Pike, approximately 1,000 feet south of Hamilton Church Road, (1.13 acres), all of which is more particularly described herein (Proposal No. 2002Z-007G-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.
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 RM15 District to CS District property at Murfreesboro Pike (unnumbered), at the intersection of Murfreesboro Pike and Summercrest Boulevard (5.35 acres), all of which is more particularly described herein (Proposal No. 2001Z?125G?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.
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 to MUL District property at 3606 Hamilton Church Road, located abutting the east margin of Hobson Pike and the north margin of Hamilton Church Road (3.3 acres), all of which is more particularly described herein (Proposal No. 2001Z-098G-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 changing from RS20 District to CS District properties at 1100 A and 1100 B Bell Grimes Lane, approximately 200 feet west of Dickerson Pike, (0.43 acres), all of which is more particularly described herein (Proposal No. 2002Z-017G-02). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 (Definitions of General Terms), all of which is more particularly described herein (Proposal No. 2002Z?007T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.12.020.A (Single-Family and Two-Family Dwellings), all of which is more particularly described herein (Proposal No. 2002Z-008T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.08.030.D (Zoning District Land Use Table) and Section 17.16.030.D (Residential Uses: Single-Family and Two-Family Dwellings in the ON or MUN Districts), all of which is more particularly described herein (Proposal No. 2002Z?009T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.12.030.C (Street Setbacks), all of which is more particularly described herein (Proposal No. 2002Z-010T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.12.030A (Street Setbacks for Single-Family and Two-Family Dwellings), all of which is more particularly described herein (Proposal No. 2002Z-011T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District), all of which is more particularly described herein (Proposal No. 2002Z-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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.12 (District Bulk Regulations), all of which is more particularly described herein (Proposal No. 2002Z-013T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.20.030 (Parking Requirements), all of which is more particularly described herein (Proposal No. 2002Z-014T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.20.040 (Adjustments to Required Parking), all of which is more particularly described herein (Proposal No. 2002Z-015T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.20.060.D (Parking Area Design Standards, Residential Parking), all of which is more particularly described herein (Proposal No. 2002Z-016T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.20.080.C (Off-Site Parking, Common Ownership), all of which is more particularly described herein (Proposal No. 2002Z-017T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.24.190 (Landscape Buffer Yard Requirements, Exemptions), all of which is more particularly described herein (Proposal No. 2002Z-018T). 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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.28.040 Floodplain/floodway development standards by providing new restrictions on development in floodplains and floodways, all of which is more particularly described herein (Proposal No. 2002Z-019T). 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 the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing an unbuilt portion of Michigan Avenue (Proposal No. 2002M-017U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Section 10.28.010 of the Metropolitan Code by creating a presumption of a violation of Chapter 10.28 when the growth of grass or underbrush reaches certain heights. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library, Recreation and Auditorium Committee by a voice vote of the Council.
An ordinance amending Section 2.24.250 of the Metropolitan Code of Laws to provide for Council approval before any Metropolitan Government owned and operated home or facility for the care of children can be transferred to the custody of the director of public property administration as surplus real property. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.
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 November 28, 2001. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance approving a grant from the State of Tennessee, Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department, for the Governor's Highway Safety Program. 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 accepting a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for the provision of pass-through funding to subsidize emergency management. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.
An ordinance approving a grant to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff's Office, from the State of Tennessee, Department of Transportation, in an amount not to exceed $196,021.00 for the 2001-2002 Litter Grant Program. 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 accepting a grant from the City Parks Forum, American Planning Association to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Parks and Recreation for a Master Plan for Bell's Bend Park. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Parks, Library, Recreation and Auditorium Committees by a voice vote of the Council.
An ordinance approving a lease of space on the premises by The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Fair Commissioners, to Lamar Advertising Company of Tennessee for the purpose of outdoor advertising. (Proposal No. 2001M-109U-11). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance accepting the donation of a 1983 Mack Box Van Truck to the Metropolitan Government for the benefit of the Drug Court program from RTR Transportation Company. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance limiting motor vehicle traffic on a portion of Otter Creek Road and authorizing the Metropolitan Department of Public Works, in cooperation with the State of Tennessee and Radnor Lake State Natural Area, to erect and maintain appropriate signage signifying the limitations. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Traffic and Parking, Public Safety-Beer, Wine and Whiskey, and Public Works Committees by a voice vote of the Council.
An ordinance approving Amendment No. 6 to the Capitol Mall Redevelopment Project Plan. 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.
Without objection the rules were suspended for consideration of five (5) late bills.
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 making applicable to property abutting the south margin of Maxwell Road, 1,050 feet east of LaVergne-Couchville Pike (15.3 acres), classified within the RS10 district, to permit 62 single-family lots with 6 lots designated as affordable housing lots, the provisions of a Planned Unit Development District, all of which is more particularly described herein (Proposal No. 2001P-009G-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 changing from CL District to RM40 District property at Woodland Street (unnumbered), abutting the east margin of South 8th Street, within the East Bank Redevelopment, Urban Zoning Overlay and Historic Edgefield districts, (1.03 acres), all of which is more particularly described herein (Proposal No. 2002Z?022U?05). 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 making applicable to property abutting the south margin of Woodland Street and the east margin of South 8th Street, classified within the CL district and proposed for RM40 district, and also within the East Bank Redevelopment, Urban Zoning Overlay, and Historic Edgefield districts, (1.03 districts), the provisions of a Planned Unit Development district, to permit 33 multi-family units, all of which is more particularly described herein (Proposal No. 2002P?001U?05). 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 R6 District to MUL District properties at 701, 705, and 707 40th Avenue North, located within the Urban Zoning Overlay district and abutting the eastern terminus of Indiana Avenue, (0.71 acres), all of which is more particularly described herein (Proposal No. 2002Z-019U-08). 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 amending the undeveloped Planned Unit Development District abutting the northwest corner of Indiana Avenue and 40th Avenue North, classified within the R6 district and Urban Zoning Overlay district and proposed for MUL district, (.71 acres), to permit the development of a 10,000 square foot retail shopping center to replace the approved and undeveloped 6,350 square foot retail center, all of which is more particularly described herein (Proposal No. 82-77-U-08). 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.
At this time the regular order of business was resumed.
Mr. Ferrell moved that the Clerk be directed to advertise the public hearings for May to be held on Thursday, May 9, 2002, at 7:00 p.m., which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON SECOND READING -
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, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing 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. Ms. McClendon moved to pass the bill on second reading and re-refer to the Traffic and Parking Committee, which motion was seconded and adopted by a voice vote of the Council.
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. The bill was approved by the Planning, Zoning, and Historical Committee; the Public Works 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.
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. 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.
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. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the bill. Mr. Wallace moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Campbell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a 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. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the 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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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. The bill was approved by the Budget and Finance and Public Works Committees with an amendment. Ms Hausser offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Hausser moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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. The bill was approved by the Budget and Finance, Public Safety-Beer, Wine and Whiskey and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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. The bill was approved by the Budget and Finance, Personnel-Public Information-Human Relations-Housing and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing 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. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committees; the Public Works Committee recommended deferment. Mr. Wallace requested a suspension of the rules for consideration of the bill as a Committee of the Whole, which motion was seconded and adopted without objection. Mr. Wallace 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, 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 Committee. Mr. Bogen moved to pass the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
Mr. Bogen moved to rescind the previous action on this bill so that an amendment could be offered, which motion was seconded and adopted by a unanimous voice vote of the Council. Mr. Bogen offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Bogen moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "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 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 Committee. Mr. Bogen 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "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 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 Committee. 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.
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 indefinitely on the bill, 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 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 Planning, Zoning and Historical Committee. Mr. Alexander moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Black, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (32); "Noes" (0); "Abstaining" Tucker, Majors, Greer, Bogen (4).
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
Committees. Mr. Jenkins moved to defer action on the bill to the second meeting
in May and re-refer to the Planning Commission, the bill being requested by
Barge, Cauthen and Associates, 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 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.
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 and by the Planning, Zoning, and Historical Committee with an amendment. Mr. Majors offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Summers offered Amendment 2 and moved for its adoption, which motion was seconded; after further discussion, Mr. Summers withdrew his amendment. Mr. Majors moved to pass the bill on third reading as amended, which motion was seconded. Mr. Lineweaver moved to defer the bill for two meetings, which motion was seconded. Mr. Majors moved to table the motion to defer, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass the bill on third reading as amended, which motion was adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Majors, Hall, Campbell, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Bogen, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (29); "Noes" Dillard, Whitmore (2); "Abstaining" Beehan, Summers (2).
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 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
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 bill was approved by the Education and Health, Hospitals and Social Services Committees. 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
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 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of The Metropolitan Government and specifically with relation to Project No. 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 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
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 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "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 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 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, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.