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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 Councilmember Craig Jenkins.
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, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver, and President Pro Tem Gentry (39); Absent: Bogen (1).
The Minutes of the regular meeting of May 9, 2002 were approved.
- ELECTIONS AND CONFIRMATIONS -
Board
of Equalization
Reappointment of Ms. Kathryn R. Barnett to the Board of Equalization for a term
expiring April 1, 2004. In the absence of the appointee, the appointment was
deferred.
Reappointment of Mr. Mark Deutschmann to the Board of Equalization for a term expiring April 1, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Dr. John Flanagan to the Board of Equalization for a term expiring April 1, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Theodore Lewis to the Board of Equalization for a term expiring April 1, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Fire
and Building Code Appeals Board
Appointment of Ms. Latrisha Stewart to the Fire and Building Code Appeals Board
for a term expiring March 1, 2006. Without objection, Ms. Williams moved to
withdraw the nomination.
Metropolitan
Development and Housing Agency
Appointment of Mr. Roland Jones to the Metropolitan Development and Housing
Agency for a term expiring November 5, 2004. The Rules-Confirmations-Public
Elections Committee recommended the appointment, and Ms. Williams moved for
confirmation, which motion was seconded and adopted by a unanimous vote of the
Council.
Metropolitan
Planning Commission
Appointment of Ms. Gwen Hopkins to the Metropolitan Planning Commission for
a term expiring March 31, 2006. In the absence of the appointee, the appointment
was deferred.
Plumbing
Examiners and Appeals Board
Appointment of Mr. Mike Trigg to the Plumbing Examiners and Appeals Board for
a term expiring March 10, 2006. The Rules-Confirmations-Public Elections Committee
recommended the appointment, and Ms. Williams moved for confirmation, which
motion was seconded and adopted by a unanimous vote of the Council.
Metropolitan
Transit Authority
Reappointment of Mrs. Gail Williams to the Metropolitan Transit Authority for
a term expiring May 1, 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.
Transportation
Licensing Commission
Reappointment of Mr. P. Lindsay Bohannon to the Transportation Licensing Commission
for a term expiring April 30, 2004. The Rules-Confirmations-Public Elections
Committee recommended the appointment, and Ms. Williams moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Carey Rogers to the Transportation Licensing Commission for a term expiring April 30, 2004. In the absence of the appointee, the appointment was deferred.
Alternate President
Pro Tem
Election of Alternate President Pro Tem of the Metropolitan Council. The President
called for nominations to fill the position of Alternate President Pro Tem of
the Council for a term expiring August 31, 2002. Mr. Majors nominated Ms. Sontany,
which motion was seconded. Ms. Hand moved that nominations cease and that Ms.
Sontany be elected by acclamation, which motion was seconded and adopted by
a unanimous vote of the Council.
- BILL ON PUBLIC HEARING -
An ordinance approving Amendment No. 6 to the Capitol Mall Redevelopment Project Plan. The bill was approved by the Planning Commission, Federal Grants Review, and Planning, Zoning and Historical Committees. Mr. Wallace requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Wallace moved to pass the bill on second reading, which motion was seconded. Mr. Nollner moved to defer action on the bill, which motion was seconded. Mr. Waters called for the previous question, which motion was seconded and adopted without objection. The matter recurred on the motion to defer the bill, which motion was seconded and failed by a voice vote of the Council. The matter recurred on the motion to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- RESOLUTIONS -
A resolution requesting the Metropolitan Planning Commission to revise its subdivision regulations relative to mandatory sidewalk construction. The Planning, Zoning, and Historical Committee recommended deferment of the resolution. Mr. Black moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
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. Haddox moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
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, which motion was seconded and adopted by a voice vote of the Council.
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 withdrawal of the resolution. Mr. Majors moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
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 (2002M-039U-09). The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (36); "Noes" (0).
A resolution approving the property on Centennial Boulevard to be used for a waste transfer station. The Public Works and Planning, Zoning and Historical Committees recommended deferment of the resolution. Mr. Ponder moved to defer action on the resolution upon the committees' recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution recognizing the designation of the Midtown area of Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution recognizing Mario Ferrari as the Honorary Mayor of the Midtown area of Nashville, Tennessee. The Rules-Confirmations-Public Elections Committee recommended deferment of the resolution. Mr. Wallace moved defer action on the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution setting a public hearing on the continuation of the Central Business Improvement District. The resolution was approved by the Budget and Finance Committee with an amendment. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution setting a public hearing for a proposed amendment to the Arts Center 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, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution requesting the Metropolitan Employee Benefit Board to submit legislation that would prohibit the inclusion of off-duty pay in pension calculations for police officers. The Public Safety-Beer, Wine and Whiskey and Personnel-Public Information-Human Relations-Housing Committees recommended deferment of the resolution. Mr. Ponder moved to defer action indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Police Department and the Davidson County General Sessions Courts to enforce state laws on littering and illegal dumping. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the resolution. Ms. Gilmore moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving the proposed charter for the Metropolitan Educational Access Corporation (MEAC) as a not-for-profit corporation. The resolution was approved by the CATV Special Committee, Budget and Finance and Education Committees. Ms. Williams moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving certain changes to contracts with certain customers of the Metropolitan Government's district energy system, certain change orders to the Metropolitan Government's contract with Constellation Energy Source, certain additional customer contracts, and related matters. 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, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving the contract by and between The Metropolitan Government of Nashville and Davidson County and Cheatham County for the temporary housing of juveniles in the Davidson County Juvenile Justice Center. The Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees recommended deferment of the resolution. Mr. Shulman moved to defer action on the resolution, upon the committees' recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving an amendment to a lease by and between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County modifying the lease dates and revising the rental payment (2002M-037U-05). The resolution was approved by the Planning Commission, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning and Historical Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving an amendment to the 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 dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (Contract No. 02-09-PY1-909-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "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 and train youth for re-entry into the labor force to be administered through the Nashville Career Advancement Center (Contract No. 03-09-PY2-109-ADMIN). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "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 and train youth for re-entry into the labor force to be administered through the Nashville Career Advancement Center (Contract No. 03-09-PY2-309-YOUTH). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, and the State of Tennessee Department of Health, to allow the Metro Health Department access to State birth records to issue birth certificates. 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, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, and United Way of Metropolitan Nashville to provide the Metropolitan Government an amount not to exceed $21,353.00 for the provision of specific services in support of the Ryan White Community AIDS Partnership. 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, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving an amendment to the grant from the State of Tennessee, Department of Health, to the Metropolitan Government, by and through the Metropolitan Board of Health, for various health services, which amendment increases the grant amount by $51,300.00 for HIV-AIDS Early Intervention, to a maximum of $7,838,941.00. 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, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "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 Bell Road/Pleasant
Hill/Stewarts Ferry Pike, State Aid Contract No. 35, State Aid Project No. 19-125-8404-04.
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, Tucker, Gilmore,
Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown,
Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox,
Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter,
Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
RESOLUTION NO. RS2002-1052
A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with the U.S. Army Corps of Engineers concerning construction and maintenance of certain drainage culverts and concrete headwalls on Smith Springs Road, J. Percy Priest Tract No. 1031 (Proposal No. 2002M-043U-13). 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, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution appropriating $35,000 from the Contingency Account of the General Fund of the General Services District to Project Return, Inc. to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded. Ms. Hausser moved to suspend the rules to allow the public to speak and objection was heard. Mr. Majors called for the previous question, which motion was seconded and adopted without objection. The matter recurred on the motion to adopt the resolution, which motion was adopted by the following vote: "Ayes" Ferrell, Waters, Tucker, Gilmore, Black, Majors, Hall, Beehan, Balthrop, Ponder, Greer, Hausser, Wallace, Haddox, Whitmore, Sontany, Alexander, Holloway, Knoch, Jenkins, Turner, Lineweaver, Gentry (23); "Noes" Briley, Nollner, Campbell, Hart, Dillard, Brown, Stanley, Loring, Summers, Arriola, Williams (11); "Abstain" Shulman (1) .
Mr. Wallace challenged the quorum at this time. Pro Tem Gentry stated that a quorum was not present for the conduct of business and declared the meeting adjourned. After discussion, Pro Tem Gentry ruled that he had incorrectly adjourned the meeting and the regular order of business was resumed.
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance to amend Section 11.12.070 of the Metropolitan Code of Laws to limit excessive noise emission of businesses or commercial facilities between the hours of 9:00 p.m. and 6:00 a.m. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance adopting the Capital Improvements Budget and Program 2002-2003 through 2007-2008 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2002-2003. 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 and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance approving Amendment No. 2 to the Arts Center Redevelopment Plan. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Federal Grants Review and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance Amending Title 2 of the Code of The Metropolitan Government of Nashville and Davidson County and authorizing the continuation of a Central Business Improvement District for Metropolitan Nashville and Davidson County, Tennessee. 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 approving a grant from the U.S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the Gang Resistance Education and Training program (G.R.E.A.T.). 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 granting the consent of The Metropolitan Government of Nashville and Davidson County to the assignment and transfer of control of the Cable Television Franchise and Cable Television System from Comcast Corporation to AT&T Comcast Corporation. 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.
BILL NO. BL2002-1067
An ordinance approving a lease agreement between The Metropolitan Government
of Nashville and Davidson County and the American Trust Building, LLC for office
space for the Office of the Metropolitan Public Defender (2002M-038U-09). 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
Safety-Beer, Wine and Whiskey 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. 99-SG-169 and 99-WG-158, I-40 & Robertson Avenue/Briley Parkway proposed Water and Sewer Interchange Improvements. (Proposal No. 2002M-033U-07). 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-WG-145, Fatherland Street 6" Water Main (Proposal No. 2002M-023U-05). 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 abandoning the water line and easement on Map 131-06-A, Parcel 017 of Project No. 01-SL-133, Burton Hills IV Water Line and Easement Abandonment (Proposal No. 2002M-026U-10), District 33. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Title
12 of the Metropolitan Code of Laws by changing the definition of "abandoned
motor vehicle" in Section 12.08.210. Upon motion duly seconded, the bill
passed first reading and was referred to the Codes, Fair and Farmers Market
Committee 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 February 5, 2002. 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.
- BILLS ON SECOND 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 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 and Planning, Zoning and Historical Committee. Ms. Holloway moved to pass the bill on second reading, which motion was seconded and adopted 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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.
BILL
NO. BL2002-1023
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 bill was approved by the Codes, Fair and Farmers
Market and Parks, Library, Recreation and Auditorium Committees; the Health,
Hospitals and Social Services Committee made no recommendation. Ms. Arriola
moved to defer action on the bill, and re-refer it to the Health, Hospitals
and Social Services Committee, 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 and Health, Hospitals and Social Services Committees. Mr. Summers 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 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. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2002-1039
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 Davidson County Community Service Agency and The Metropolitan Government of Nashville and Davidson County for funding of the administration of the program. Mr. Shulman offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2002-1039
A substitute ordinance authorizing the transfer of the administrative support for the Caring for Children Program from the Metropolitan Social Services Commission to the Department of Finance and approving the Memorandum of Agreement between the Davidson County Community Service Agency and The Metropolitan Government of Nashville and Davidson County for funding of the administration of the Caring for Children Program. The substitute bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Shulman moved to pass the substitute bill on second reading, which motion was seconded and adopted 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). 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 second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 No. 2002M-020G-14). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 No. 2002M-010U-11). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Ms. Gilmore 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 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, ECD Board and Public Works Committee; the Traffic and Parking and Planning, Zoning and Historical Committees recommended deferment. Mr. Black moved to defer action on the bill upon the committees' recommendation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Chapter 5.12 of the Metropolitan Code of Laws relative to the hotel occupancy privilege tax. Mr. Shulman moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Chapter 5.12 of the Metropolitan Code of Laws relative to the hotel occupancy privilege tax. The bill was approved by the Budget and Finance Committee. 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 transfer of certain property (Map 93-6-4, Parcel 62, 130 4th Avenue South) by the Metropolitan Government of Nashville and Davidson County under certain conditions and repealing Ordinance No. O98-1278 (Proposal No. 2002M-052U-09). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium 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 Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Alley No. 1204 between 40th Avenue North and Alley No. 1189; and Alley No. 1189 from Indiana Avenue to its terminus at Alley No. 1204 (Proposal No. 2002M-028U-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 Title 16 of the Metropolitan Code, Buildings and Construction, Property Standards, by amending Section 16.24.330 to provide regulations for the parking or storage of motor vehicles, all of which is more particularly described herein. The bill was approved by the Traffic and Parking Committee; the Codes, Fair and Farmers Market Committee recommended deferment. Mr. Majors 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 authorizing the acquisition of property by negotiation or condemnation for Smith Springs Road and Bell Road Intersection Improvements, Project No. 94-R-3 (Proposal No. 2002M-042G-13). 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 abandoning the sewer line and easement on Map 82-13, Parcel 116-125, 128-130, of Project No. 01-SL-151, M.D.H.A. Sewer Line and Easement Abandonment and relocating the 20" Combined Sewer/Stormwater Line (Proposal No. 2002M-008U-09). The bill was approved by the Planning Commission, 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 abandoning and relocating the sewer line and easement on Map 86, Parcel 219 of Project No. 01-SL-183, Eckerd/Hermitage Sewer Line and Easement Abandonment and Relocation (Proposal No. 2002M-029G-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Ponder 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-SG-89 and 01-WG-63, Rural Hill Road widening, 8" Water Main and 8" Sanitary Sewer Replacement (Proposal No. 2002M-027G-13). 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 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-156, Forrest Avenue 6" Sewer Extension (Proposal No. 2002M-024U-05). 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 to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 164 between Lafayette Street and Charles E. Davis Boulevard (Proposal No.2002M-025U-11). The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning, and Historical Committees; disapproved by the Traffic and Parking Commission . Mr. Wallace moved to pass the bill on second reading and re-refer it to the Traffic and Parking Commission and Public Works Committee, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with John Ring, Tennessee Contractors, Inc., to provide public sewer service in northeast Williamson County to Fountainbrooke Section 1, Project No. 99-SL-200. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 3 of the Metropolitan Code of Laws to qualify the pension plan for officers and employees of The Metropolitan Government of Nashville and Davidson County under federal tax laws. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Tucker 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 R8 District to RM15 District property at 3535 Bell Road, approximately 925 feet north of Elm Hill Pike (4.87 acres), (Proposal No. 2001Z-057G-13), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (35); "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 RS10 District property at 5485 Blue Hole Road (5 acres), all of which is more particularly described herein (Proposal No. 2001Z-090G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jenkins moved to defer action on the bill, the bill being requested by Lori D. Atchley, 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 preliminary plan of the Planned Unit Development District located abutting the north margin of Old Hickory Boulevard and the east margin of Franklin Pike Circle, classified OR40 and CL Districts, (14.42 acres), to permit the development of three 6-story, 150,000 square foot office buildings and parking garages, and two, 8,000 square foot restaurants, replacing 130 condominium units, a 10 story, 250,000 square foot office building and two 8,000 square foot restaurants, all of which is more particularly described herein (Proposal No. 94P-009U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jenkins offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jenkins moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (35); "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 R10 District property at 4220 Lavergne Couchville Pike, approximately 250 feet south of Pin Hook Road, (3.95 acres), all of which is more particularly described herein (Proposal No. 2001Z-124G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Holloway moved to defer action on the bill, the bill being requested by James Chumbler, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to CS District property at 4119 Murfreesboro Pike, approximately 1,100 feet northwest of Hurricane Creek Boulevard, (2 acres), all of which is more particularly described herein (Proposal No. 2002Z-004G-13). The bill was disapproved by the Planning Commission and Planning, Zoning, and Historical Committee. Ms. Holloway moved to defer action on the bill, the bill being requested by Robert E. Lanning, 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 Public Works and Planning, Zoning, and Historical Committees; the bill was deemed approved by the Planning Commission for lack of a recommendation. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (35); "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 IWD District to CS District property at 919 8th Avenue South (Proposal No. 2002Z-015U-10), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (35); "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 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). The bill was approved by the Planning Commission
and Planning, Zoning and Historical Committee. Mr. Derryberry moved to pass
the bill on third reading, which motion was seconded and adopted by the following
vote"Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner,
Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry,
Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers,
Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner,
Williams, Lineweaver (35); "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 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). The bill was disapproved by the Planning Commission; the Planning, Zoning, and Historical Committee recommended deferment. Mr. Alexander moved to defer action on the bill, the bill being requested by Daniel B. Burks, 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 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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Black requested a suspension of the rules to override the Planning, Zoning, and Historical Committee recommendation, and no objection was made. Mr. Black moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (35); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 District to CS District 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). The bill was approved by the Planning Commission and by the Planning, Zoning and Historical Committee with an amendment. Mr. Dillard 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 pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (35); "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 IWD and OR20 Districts to CS District properties at Royal Parkway (unnumbered), at the intersection of Royal Parkway and Rachel Drive, (6.85 acres), all of which is more particularly described herein (Proposal No. 2002Z-020U-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning, and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (33); "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 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 and Planning, Zoning and Historical Committee. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (33); "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 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 and Planning, Zoning and Historical Committee. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (33); "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 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 and Planning, Zoning and Historical Committee. Mr. Ponder filed a declaration of restrictive covenants for the record. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (33); "Noes" (0).
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 and Planning, Zoning and Historical Committee. Mr. Ponder filed a
declaration of restrictive covenants for the record. Mr. Ponder offered Amendment
No. 1 and moved for its adoption, which motion was seconded and adopted by a
voice vote of the Council. Mr. Ponder moved to pass the bill on third reading
as amended, which motion was seconded and adopted by the following vote: "Ayes"
Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan,
Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, Greer, Hausser,
Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway,
Kerstetter, Jenkins, Turner, Williams, Lineweaver (33); "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 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 and Planning, Zoning, and Historical Committee. Ms. Holloway moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gilmore, Black, Nollner, Majors, Hall, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, Hausser, Wallace, Haddox, Whitmore, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (29); "Noes" (0); "Abstains" Beehan, Stanley, Greer, Summers (4).
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 and Planning, Zoning, and Historical Committee. Ms. Holloway moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gilmore, Black, Nollner, Majors, Hall, Campbell, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (30); "Noes" Summers (1); "Abstains" Tucker, Beehan, Derryberry (3).
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; the Planning, Zoning and Historical Committee recommended deferment. Mr. Nollner requested a suspension of the rules to override the Planning, Zoning, and Historical Committee recommendation, and no objection was made. Mr. Nollner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (33); "Noes" (0).
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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (33); "Noes" (0).
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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer action on the bill, which motion was seconded and adopted 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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers moved to defer action on the bill, 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 and Parks, Library, Recreation and Auditorium Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Balthrop, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (32); "Noes" (0).
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 defer action 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 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 and Planning, Zoning and Historical Committee. Ms. Beehan
moved to pass the bill on third reading, which motion was seconded and adopted
by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore,
Black, Nollner, Majors, Hall, Beehan, Balthrop, Ponder, Derryberry, Loring,
McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman,
Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams,
Lineweaver (32); "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 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 and Planning, Zoning and Historical Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Balthrop, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (32); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 District to 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 and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Balthrop, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (32); "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 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
and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the
bill on third reading, which motion was seconded and adopted by the following
vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner,
Majors, Hall, Beehan, Balthrop, Ponder, Derryberry, Loring, McClendon, Greer,
Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany,
Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (32);
"Noes" (0).
Upon motion duly seconded,
the meeting was adjourned.