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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 Councilman 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, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver, and President Pro Tem Gentry (38); Absent: Nollner, Campbell (2).
The Minutes of the adjourned meeting of June 11, 2002 were approved.
- MAYOR'S MESSAGE -
June 11, 2002
The Honorable Howard
Gentry, Jr.
Vice Mayor Pro Tem
102 Metropolitan Courthouse
Nashville TN 37201
Dear Vice Mayor Pro Tem Gentry:
The Metro Council has a long standing and continuing commitment to children. A particular focus for the Council has been on the provision of after-school programs and care.
I applaud this interest and commitment. It reflects my own in public and private life, as mayor, public policy advocate, legislator, lawyer and father.
We also share an understanding of the obligations of public service - to uphold our responsibilities and avoid the appearance of conflicts of interest.
It is in this context that I must consider executive action on RS2002-1054. This Resolution came to my desk following Council action on June 4, 2002. I am advised that the document attached to and referenced in the Resolution is not the original contract or an exact facsimile thereof. Additionally, additions made to the original contract insert the Mayor by name. While the intent and purpose are worthy, and our laws and rules upheld, the process has resulted in changes which could create the appearance of a conflict of interest.
I respect the separate role and function of the Council and hope never to impede the good works of the Council, most especially where they are for the good of our children. Unfortunately, the only means available to me to avoid such an appearance is by exercise of my power of veto. In this case, my purpose and actions are, I believe, clear and my motivations certain. For these reasons I am returning RS2002-1054 with my veto.
Sincerely,
/s/ Bill Purcell
Mayor
Mr. Shulman moved to sustain the mayoral veto, which motion was seconded and
adopted by a voice vote of the Council.
- ELECTIONS AND CONFIRMATIONS -
Board
of Equalization
Reappointment of Ms. Kathryn R. Barnett 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.
Metropolitan Planning Commission
Appointment of Ms. Gwen Hopkins for a term expiring March 31, 2006. At the request
of the appointee, the nomination was withdrawn without objection.
- BILLS ON PUBLIC HEARING -
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. The bill was approved by the Budget and Finance Committee. Mr. Wallace requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for the fiscal year 2003. The bill was approved by the Budget and Finance Committee. Mr. Shulman 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 the proposal. The President declared the public hearing closed. Mr. Shulman moved to pass the bill on second reading and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.
Mr. Shulman moved that at the time of adjournment of this meeting the Council adjourn to 7:00 p.m. on Thursday, June 20, 2002, for the purpose of considering on third and final reading the proposed operating budget and the property tax levy, any budget related legislation, and any other matters to be considered at the discretion of the Vice Mayor. The motion was seconded and adopted without objection.
- RESOLUTIONS -
A resolution appropriating to certain accounts for the benefit of the Fire Department the amount of Nine Hundred Nineteen Thousand, Four Hundred Nineteen Dollars ($919,419) from undesignated fund balances of the General Fund of the Urban Services District. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee; the Budget and Finance Committee recommended deferment. Mr. Shulman moved to defer action on the resolution to the adjourned meeting on June 20, 2002, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating to certain accounts for the benefit of the Finance, Sheriff, Police, Health, Public Works, Convention Center, and Sports Authority Departments, and an Administrative Account, the amount of Eleven Million, Forty Three Thousand, One Hundred Twenty Six Dollars ($11,043,126) from designated and undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. The resolution was approved by the Health, Hospitals and Social Services; Public Safety-Beer, Wine and Whiskey and Public Works Committees; the Budget and Finance Committee recommended deferment. Mr. Shulman moved to defer action on the resolution to the adjourned meeting on June 20, 2002, which motion was seconded and adopted by a voice vote of the Council.
A resolution establishing a blood alcohol concentration test fee upon the conviction of driving while intoxicated and such fee is not to exceed fifty dollars ($50). 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, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution supporting Downtown housing opportunities. The resolution was approved by the Personnel-Public Information-Human Relations-Housing 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, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution setting a public hearing on the development of low-rent scattered site housing. The resolution was approved by the Federal Grants Review and Personnel-Public Information-Human Relations-Housing Committees. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution calling the Metropolitan Board of Equalization in special session beginning after the Board adjourns its June 2002 regular session, until the Board has heard appeals on pro-rated assessments, completed unfinished business from their regular session in June 2002, heard any and all back assessments and /or reassessments allowed by law, and any other appeals timely filed, not to continue beyond May 31, 2003. 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, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving a grant agreement by and between the Tennessee Department of Health, Bureau of Health Services, and the Metropolitan Government, acting by and through the Metropolitan Health Department, in an amount not to exceed $7,436,531.00 for an array of health services for children, adolescents, families, and other health purposes. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Holloway moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution approving Amendment No. 5 to a grant agreement by and between the Tennessee Department of Health, Bureau of Health Services, and the Metropolitan Government, acting by and through the Metropolitan Health Department, increasing the grant by $68,847.00 for a total amount not to exceed $7,907,788.00 for provision of Homeland Security and STD services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Holloway moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution authorizing the Mayor to submit an application for a Juvenile Justice and Delinquency Prevention Act Federal Formula Grant to be disbursed to Metro through the Tennessee Commission on Children and Youth for the benefit of the Metropolitan Public Defenders Office, Juvenile Division. The resolution was approved by the Budget and Finance Committee. Mr. Haddox moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution authorizing
the Mayor to submit an application for a law enforcement block grant from the
U.S. Department of Justice acting through the Metropolitan Police Department
for the benefit of various departments of the Metropolitan Government. 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,
Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown,
Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox,
Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway,
Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes"
(0).
A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5868 with the State of Tennessee, Department of Transportation, for Distribution and Collection System Relocations, said construction being necessary as part of State Project No. CM-STP-1(74), 19019-2219-54, SR 1 (West End Avenue) from I-440 to Acklen Park Drive (Metro Project Nos. 01-SG-120/01-WG-115) and ratifying an agreement with the Treasury Department of the State of Tennessee. The resolution was approved by the Budget and Finance Committee; the Public Works Committee recommended deferment. Ms. Hausser moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the acquisition of an easement in real property by negotiation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of a North Nashville Police Precinct and the granting of an easement in real property by The Metropolitan Government to the grantor as consideration for the easement (Proposal No. 2002M-063U-08). The Budget and Finance, Public Safety-Beer, Wine and Whiskey and Planning, Zoning and Historical Committees 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 approving a contract between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County for resurfacing of Couchville Pike/Mt. Juliet Road, State Aid Contract No. 36, State Aid Project No. 19-947-8433-04. The resolution was approved by the Budget and Finance and Public Works Committees as amended. 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 adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
RESOLUTION
NO. RS2002-1077
A resolution approving a contract between the Tennessee Department of Transportation
and The Metropolitan Government of Nashville and Davidson County for resurfacing
of New Hope/Stewart's Ferry Pike, State Aid Contract No. 38, State Aid Project
No. 19-947-8434-04. The resolution was approved by the Budget and Finance and
Public Works Committees. Mr. Ponder moved to adopt the resolution, which motion
was seconded and adopted by the following vote: "Ayes" Ferrell, Waters,
Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop,
Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace,
Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander,
Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (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 New Hope Road, State Aid Contract No. 39, State Aid Project No. 19-947-8436-04. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Ponder moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Quinten Crawford, Lencoya Crawford, Shawn Mitchell and Coleshawn Mitchell against The Metropolitan Government of Nashville and Davidson County in the amount of $57,000.00, and directing that this amount be paid from the Self Insured Liability Account. 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, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance approving the development of low-rent scattered site housing. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Federal Grants Review, Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.
An ordinance amending Chapter 8.20 of the Metropolitan Code by prohibiting the feeding of fowl in any street, alley, road, sidewalk, or other public way within the urban services district. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Health, Hospitals and Social Services Committees by a voice vote of the Council.
An ordinance approving a grant in the amount of $1,055.63 to The Metropolitan Government of Nashville and Davidson County, acting through the Davidson County Election Commission, from the State of Tennessee, Department of State, Division of Elections, for the purchase of equipment to upgrade the Automated Electoral System. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Rules-Confirmations-Public Elections Committees by a voice vote of the Council.
An ordinance authorizing the Director of Parks and Recreation, or his designee, to accept, execute and record an agreement for grant of an easement with Kohl's Department Stores, Inc., on a parcel of property for use in the Stones River greenway system (2002M-062G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance accepting an easement from Belmont University with a provision to abandon the sewer line in the future. Project No. 99-SG-244. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the State of Tennessee to construct, install, and maintain certain improvements within the public right-of-way at the Tennessee Performing Arts Center (2002M-032U-09). 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.
- BILLS ON SECOND READING -
An ordinance authorizing Charlotte Mini LP, dba Cornerstone Self-Storage to construct, install, and maintain a retaining wall encroaching into the right-of-way of Balmy Avenue (Proposal No. 2000M-069U-07), 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. Summers moved to pass the bill on second reading and re-refer it to the Public Works Committee, 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 bill was approved by the Codes, Fair and Farmers Market; Parks, Library, Recreation and Auditorium; and Health, Hospitals and Social Services Committees. Mr. Turner offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Arriola moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council, with Mr. Wallace voting "No".
An ordinance approving Amendment No. 2 to the Arts Center Redevelopment Plan. The bill was approved by the Planning Commission, Federal Grants Review 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 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. The Budget and Finance Committee recommended deferment of the bill. Mr. Shulman moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance establishing the tax levy in the General Services District for the Fiscal Year 2002-2003, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to Section 6.07 of the Metropolitan Charter. 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 regulating the use and operation of horse-drawn carriages within the area of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance, Transportation and Public Safety-Beer, Wine and Whiskey Committees recommended deferment of the bill. Mr. Derryberry moved to defer action on the bill, 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 use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of the I. T. Creswell Elementary School to be located in the Pearl-Cohn Cluster in the 40th Avenue North and Clifton Avenue area. The Budget and Finance, Education and Planning, Zoning and Historical Committees recommended indefinite deferment of the bill. Mr. Whitmore moved to defer action indefinitely, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2002-1077
An ordinance approving a grant from the State of Tennessee, Tennessee Historical
Commission, to The Metropolitan Government of Nashville and Davidson County,
acting through the Metropolitan Historical Commission, for funds to send two
or more members of the Metropolitan Historic Zoning Commission, or staff of
the Metropolitan Historical Commission, to attend the 2002 National Alliance
of Preservation Commissions (NAPC) Forum, held August 1-4, 2002, in San Antonio,
Texas. The bill was approved by the Budget and Finance 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.
BILL
NO. BL2002-1078
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. 1837 (Proposal No. 2002M-047U-11). The bill was approved by the Planning
Commission, Traffic and Parking Commission, Public Works, Traffic and Parking
and Planning, Zoning and Historical Committees. Ms. 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 abandoning Alley No. 1838 (Proposal No. 2002M-048U-11). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. 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 Overhill Partners, G.P., to construct, install, and maintain a sign on the public right-of-way where Brooksboro Terrace connects with Murfreesboro Pike (Proposal No. 2002M-044U-13). The bill was approved by the Planning Commission and Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Mr. Alexander requested a suspension of the rules to override the Planning, Zoning and Historical Committee recommendation, and no objection was made. Mr. Alexander 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 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 indefinitely on the bill since no contact has been made by petitioner James Chandler, 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 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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
BILL NO. BL2002-1010
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). Mr. Summers offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2002-1010
A substitute 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 substitute bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
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 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, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (37); "Noes" (0).
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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Hausser, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner (25); "Noes" Greer, Wallace (0); "Abstaining" Tucker, Gilmore, Black, Majors, Hall, Haddox, Holloway, Williams, Lineweaver (9).
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 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, Gilmore, Black, Majors, Beehan, Hart, Dillard, Brown, Ponder, Stanley, Loring, McClendon, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Lineweaver (29); "Noes" Greer, Hausser (2); "Abstaining" Tucker, Hall, Balthrop, Holloway, Knoch (5)
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 Codes, Fair and Farmers Market and Traffic and Parking Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded. After discussion, Mr. Hart called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, Hausser, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Knoch, Turner, Williams (26); "Noes" Tucker, Greer, Wallace, Haddox, Alexander, Holloway, Kerstetter, Jenkins (8); "Abstaining" McClendon, Lineweaver (2).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 164 between Lafayette Street and Charles E. Davis Boulevard (Proposal No.2002M-025U-11). The bill was approved by the Planning Commission, Traffic and Parking Committee, and Planning, Zoning and Historical Committee; the Public Works Committee recommended deferment, and the bill has been re-referred to the Traffic and Parking Commission. Mr. Wallace moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
Pro Tem Sontany assumed the chair at this time.
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. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Stanley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Briley, Tucker, Majors, Hall, Beehan, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Hausser, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Knoch, Jenkins, Turner, Williams, Lineweaver (23); "Noes" Greer, Wallace (2); "Abstaining" Gilmore, Black, Holloway (3).
An ordinance amending Title 12 of the Metropolitan Code of Laws by changing the definition of "abandoned motor vehicle" in Section 12.08.210. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Tucker, Gilmore, Black, Majors, Hall, Beehan, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Hausser, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Holloway, Knoch, Turner, Williams, Lineweaver (26); "Noes" Greer, Wallace (2); "Abstaining" Jenkins (1).
Upon motion duly seconded, the meeting was adjourned to Thursday, June 20, 2002, at 7:00 p.m.