 |
Minutes
Metropolitan Council Meeting
|
|
Minutes
Metropolitan Council Meeting
|
The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Deacon Bill Dickson of St. Ann's Episcopal 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, 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: Derryberry (1).
The Minutes of the regular meeting of April 2, 2002 were approved.
- ELECTIONS AND CONFIRMATIONS -
Hospital
Authority
Appointment of Mr. Waverly Crenshaw to the Hospital Authority for a term expiring
November 1, 2003. The Rules-Confirmations-Public Elections Committee recommended
the appointment, and Ms. Williams moved for confirmation, which motion was seconded
and adopted by a unanimous vote of the Council.
Board
of Parks and Recreation
Reappointment of Ms. Jenny Hannon to the Board of Parks and Recreation for a
term expiring April 30, 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.
Sports
Authority
Appointment of Mr. Denny Bottorff to the Sports Authority 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.
Board
of Public Education
The President called for an election to fill the School District 2 vacancy on
the Metropolitan Board of Public Education for a term expiring August 31, 2002.
Candidates for the position were Ms. Lorinda Hall and Dr. Mebenin Awipi. Ms.
Williams, Chair of the Rules-Confirmations-Public Elections Committee, reported
that the Committee had interviewed the candidates and declared both to be qualified
for the position.
The vote was taken and recorded as follows: Awipi: Ferrell, Gentry, Tucker, Gilmore, Black, Nollner, Hall, Beehan, Campbell, Hart, Balthrop, Greer, Wallace, Haddox, Whitmore, Hand, Holloway, Knoch, Jenkins, Turner, Williams (21); Hall: Waters, Briley, Dillard, Brown, Ponder, Stanley, Loring, McClendon, Hausser, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Lineweaver (17); "Abstaining" Majors (1). The President declared that Dr. Awipi was elected to fill the vacancy on the Metropolitan Board of Public Education.
- RESOLUTIONS -
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. Mr. Whitmore moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the public posting of the Ten Commandments within the area of the Metropolitan Government. The Rules-Confirmations-Public Elections Committee recommended indefinite deferment of the resolution. Mr. Nollner moved to adopt the resolution, which motion was seconded. Mr. Ferrell moved to table the motion to adopt, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Black, Hall, Beehan, Campbell, Hart, Balthrop, Ponder, Stanley, Loring, McClendon, Hausser, Whitmore, Bogen, Summers, Shulman, Sontany, Holloway, Knoch, Jenkins, Turner, Williams, Lineweaver (26); "Noes" Tucker, Gilmore, Nollner, Majors, Dillard, Brown, Greer, Wallace, Haddox, Hand, Arriola, Alexander, Kerstetter (13).
A resolution requesting the Stormwater Management Committee to adopt changes to its regulations to provide for notice of public hearings and consideration on developments in floodway and floodplain areas. The Public Works Committee recommended deferment of the resolution. Mr. Stanley 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 requesting the Metropolitan Planning Commission to adopt changes to its subdivision regulations to provide for notice of public hearings and consideration on developments in floodway and floodplain areas. The resolution was approved by the Planning, Zoning, and Historical Committee. Mr. Stanley 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, 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 Metro Department of Finance to revise the pay system to provide for an every other week system for all employees of the Metropolitan Government. The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment of the resolution upon the committees' recommendation. Mr. Majors moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution submitting to the Metropolitan Planning Commission a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain properties located to the south of Briley Parkway and to the west of Dickerson Pike, more particularly described herein. The resolution was approved 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. Majors moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, 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 appropriating $119,000 of Urban Development Action Grant Repayment Funds to provide employment-related services to low and moderate income persons. The resolution was approved by the Federal Grants Review 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, 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 appropriating $500,000 in Community Development and Block Grant funds for property acquisition, infrastructure development, and related costs in the Hope Gardens Neighborhood Area. The resolution was approved by the Federal Grants Review Committee. 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, 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 supplementing and amending resolution No. RS2002-995 of The Metropolitan Government of Nashville and Davidson County and awarding the sale of $31,600,000 General Obligation Energy Production Facility Refunding Bonds, Series 2002A and $27,240,000 General Obligation Energy Production Facility Refunding Bonds, Series 2002B (Federally Taxable). The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to defer action on the resolution until after the bond sales are held, which motion was seconded and adopted by a voice vote of the Council.
Mr. Gentry moved that, when this meeting is adjourned, it be adjourned to 5:30 p.m. on Wednesday, April 17, 2002, for the purpose of considering Resolution No. RS2002-1009 and any other matters appearing on tonight's agenda that the President deems appropriate for consideration at that time; further, that when the meeting on April 17, 2002, is adjourned it be adjourned to 7:00 p.m. on Thursday, May 9, 2002, to consider those matters that under the Council Rules of Procedure would normally be considered on the first meeting of an odd-numbered month. The motion was seconded and unanimously adopted.
RESOLUTION
NO. RS2002-1010
A resolution approving the assignment of certain rights and interests of the
Cumberland Science Museum as lessee of Metropolitan Government property. The
resolution was approved by the Budget and Finance and Parks, Library, Recreation
and Auditorium Committees. Mr. Wallace moved to adopt the resolution, which
motion was seconded and adopted by the following vote: "Ayes" Ferrell,
Waters, Briley, Gentry, Tucker, Nollner, Hall, Campbell, Balthrop, Brown, Ponder,
Stanley, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers,
Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver
(29); "Noes" (0); "Abstaining" Gilmore, Loring, Shulman
(3).
A resolution approving a second amendment to a lease by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor's Office of Economic and Community Development and The Sports Authority, and W.S. Investment Holdings, L.P. and Square Investment Holdings, L.P., for the use of additional office space. The resolution was approved by the Budget and Finance and Planning, Zoning, and Historical Committees. Mr. Shulman moved to defer action on the resolution for a recommendation from the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing submission of an application for a grant from the U. S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Department of Water and Sewerage Services for Security Planning for Large Drinking Water Utilities for FY 2002-2003. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, 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 from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, for the provision of establishing programs to prepare adults, youth, and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (Contract Number 02-09-PY1-909-STATE). 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, 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 from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, for the provision of establishing programs to prepare adults, youth, and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (Contract Number 01-09-999-909-STATE). 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, 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 between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County for resurfacing of Fesslers Lane, State Aid Contract No. 30, State Aid Project No. 19-947-8428-04. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, 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 between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County for resurfacing of Myatt Drive, State Aid Contract No. 29, State Aid Project No. 19-947-8429-04. The resolution was approved by the Budget and Finance and Public Works 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, Hart, Dillard, Balthrop, Brown, Ponder, 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 an agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Fire Department, and the Fairview Fire Department, for provision of fire training at the Metro Fire Academy on a space-available basis. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey 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, Hart, Dillard, Balthrop, Brown, Ponder, 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 accepting $22,463.66 in compromise and settlement of the Metropolitan Government's claim against Western Express Trucking. 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, 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 accepting $6,804.54 in compromise and settlement of the Metropolitan Government's claim against Rita Callis. 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, 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 accepting $5,851.19 in compromise and settlement of the Metropolitan Government's claim against Gary A. Lubi. 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, 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 accepting $15,710.59 in compromise and settlement of the Metropolitan Government's claim against Andy Matthews. 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, 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).
Mr. Gentry moved that the rules be suspended for consideration of a late resolution, and no objection was made.
A resolution repealing Resolution No. RS2001-854 and transferring the $100,000 appropriated by Resolution No. RS2001-854 to the Heart of Hope Gardens Housing program for property acquisition, relocation and demolition, construction financing and additional infrastructure improvements. The resolution was approved by the Budget and Finance Committee. Mr. Gentry moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, 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).
Ms. Hand moved that the rules by suspended for consideration of a second late resolution. Objection was heard, and the rules were not suspended.
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance authorizing the transfer of the Caring for Children Program from the Metropolitan Social Services Commission to the Department of Finance and approving the Memorandum of Agreement between the Davison County Community Service Agency and The Metropolitan Government of Nashville and Davidson County for funding of the administration of the program. 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 approving a lease agreement between Neal and Oleta Shipper and The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, for the premises located at 813A North Cumberland Drive, Lebanon, TN 37087 located in Wilson County (2002M-036G-00). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with C.K. Development for the construction of Project No. 01-SL-131, Copperstone Subdivision, Section 1. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing submission of an application for and acceptance of a grant from the United States Environmental Protection Agency to the Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Department of Water and Sewerage Services for Security Planning for Large Drinking Water Utilities for FY 2002-2003. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easement for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-WG-198, Briley Parkway (SR155) Widening North of McGavock Pike to Gallatin Road Interchange 10" Water Main (Proposal Nos. 2002M-020G-14). 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.
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-165, Fairfield Avenue Sewer Service (Proposal Nos. 2002M-010U-11). 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.
An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation and the Tennessee Department of Transportation, accepting a proposed donation from Greenways for Nashville in the amount of $110,000 and appropriating the sum of $335,139 for work relating to a segment of the Richland Creek Greenway project adjacent to McCabe 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 an agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation and the Tennessee Department of Transportation, accepting a proposed donation from Greenways for Nashville in the amount of $95,000, appropriating the sum of $164,800 for work relating to a segment of the Whites Creek Greenway project from Richard T. Hartman Park to Clarksville Highway. 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 to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of Lincoln Street to "Day Street" between Old Buena Vista Pike and West Trinity Lane (Proposal No. 2002M-022U-03). The bill was approved by the Planning Commission and Emergency Communications District (ECD) Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
Mr. Wallace moved to suspend the rules to consider Bill Nos. BL2002-975, BL2002-984 and BL2002-985 in one vote. Objection was heard and the rules were not suspended.
Mr. Wallace moved to suspend the rules to consider Bill Nos. BL2002-975 and BL2002-985 in one vote. Objection was heard and the rules were not suspended.
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 suspend the rules to override the committee's recommendation for deferment, which motion was seconded and adopted without objection. Ms. Hausser moved to defer action indefinitely on the bill, which motion was seconded but was withdrawn after additional discussion. After further discussion Ms. Hand called for the previous question, which motion was seconded and adopted without objection. The matter recurred on the motion to pass on second reading, which motion was seconded and failed by the following vote: "Ayes" Briley, Hart, Dillard, Balthrop, Ponder, Wallace, Haddox, Kerstetter, Knoch (9); "Noes" Ferrell, Nollner, Majors, Hall, Beehan, Campbell, Stanley, Loring, McClendon, Hausser, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Jenkins, Turner, Williams, Lineweaver (20); "Abstaining" Gilmore, Brown, Whitmore (3).
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 Public Works 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.
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 bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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 suspend the rules to override the committee's recommendation for deferment, which motion was seconded and adopted without objection. After discussion, Mr. Bogen called for the previous question, which motion was seconded and adopted without objection. The matter recurred on the motion to pass on second reading, which motion was seconded and failed by the following vote: "Ayes" Wallace, Kerstetter, Knoch (3); "Noes" Ferrell, Tucker, Gilmore, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Jenkins, Williams, Lineweaver (28); "Abstaining" Turner (1).
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). 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.
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. The Parks, Library, Recreation and Auditorium Committee recommended deferment of the bill. Ms. Arriola moved to defer action on the bill and refer the bill to the Codes, Fair and Farmers Market and Health, Hospitals and Social Services Committees, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance Committee; the Health, Hospitals and Social Services Committee recommended deferment. Mr. Summers moved defer action on the bill upon the committee recommendation, which motion was seconded and adopted 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. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Williams 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 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. 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 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. 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 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. 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 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. The bill was approved by the Budget and Finance Committee with an amendment and by the Parks, Library, Recreation and Auditorium Committee. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore 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 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). The bill was approved by the Planning Commission, Budget and Finance, Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded. Ms. Williams moved to defer action on the bill for further review, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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. The bill was disapproved by the Traffic and Parking Commission and approved by the Public Works, Public Safety-Beer, Wine and Whiskey and Traffic and Parking Committees. Mr. Turner 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 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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Gentry, Gilmore, Black, Nollner, Majors, Hall, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Sontany, Holloway, Knoch, Jenkins, Turner, Williams, (26); "Noes" Greer, Arriola (2); "Abstaining" Waters, Tucker, Beehan, Campbell, Hausser, Bogen, Lineweaver (7).
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 207,501 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Brown moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Haddox, Whitmore, Hand, Shulman, Arriola, Sontany, Holloway, Knoch, Jenkins, Turner, Williams, Lineweaver (33); "Noes" (0); "Abstaining" Bogen (1).
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, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. McClendon 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, 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 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 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, 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 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. Waters 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, 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-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 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, 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 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. Ms. Hausser 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, 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 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 Planning Commission, Budget and Finance, Public Safety-Beer, Wine and Whiskey and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, 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 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 Planning Commission, Budget and Finance, Personnel-Public Information-Human Relations-Housing and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, 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 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, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, 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 to Wednesday, April 17, 2002, at 5:30 p.m.