Minutes for the October 1, 2002 session meeting of the Metropolitan Council of Nashville and Davidson County, Tennessee.

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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and President Gentry (36); Absent: Dillard, Stanley, and Hausser (3).

President Gentry announced that the first Council meeting in November would be moved to Thursday, November 7, 2002, to avoid conflict with Election Day, and the Council meeting on October 15, 2002 will be adjourned to that date.

CHARTER REVISION COMMISSION
Reappointment of Mr. Michael Moore to the Charter Revision Commission for a term expiring September 4, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

BOARD OF HEALTH
Reappointment of Dr. Henry Foster to the Board of Health for a term expiring July 9, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

HISTORICAL COMMISSION
Appointment of Rev. George Brooks to the Historical Commission for a term expiring August 10, 2006. The appointment of Rev. Brooks was withdrawn until he is available for confirmation.

Reappointment of Mr. George Cate to the Historical Commission for a term expiring August 10, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Amelia Edwards to the Historical Commission for a term expiring August 10, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Bob Henderson to the Historical Commission for a term expiring August 10, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Anne Roos for a term expiring August 10, 2006. In the absence of the appointee, the confirmation was deferrred.

COUNCIL AUDIT COMMITTEE
Without objection, Councilmembers Leo Waters and Craig Jenkins were re-elected to serve on the Council Audit Committee for terms expiring August 31, 2003.

HEALTH AND EDUCATIONAL FACILITIES BOARD
The President announced that nominations would be taken at the next regularly-scheduled meeting of the Council to fill two (2) vacancies on the Health and Educational Facilities Board of the Metropolitan Government, for terms of six years. The nominees will be referred to the Rules-Confirmations-Public Elections Committee at that time and an election held at the November 7, 2002 Council meeting.

- PUBLIC HEARINGS -

RESOLUTION NO. RS2002-1141

A resolution adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain properties located to the south of Briley Parkway and to the west of Dickerson Pike, more particularly described herein. The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Majors requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution, and no one came forward to be heard. The President declared the public hearing closed. Mr. Majors 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

BILL NO. BL2002-1180

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain property located to the south of Briley Parkway and to the west of Dickerson Pike, more particularly described herein. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Majors 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. Majors 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution appropriating $100,000 from the Reserve for Nashville Stand For Children Program Account of the General Fund of the General Services District and approving a grant to Tennessee Voices For Children, Inc. to provide partial funding for its program services. The resolution was approved by the Budget and Finance and Education Committees. Mr. Briley moved to adopt the resolution, which motion was seconded. After discussion, Mr. Waters called for previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Balthrop, Brown, Ponder, McClendon, Wallace, Haddox, Whitmore, Summers, Shulman, Sontany, Kerstetter, Knoch, Jenkins, Turner, Williams (25); “Noes” Loring, Greer (2); “Abstaining” Tucker Hart, Derryberry, Bogen, Arriola, Alexander, Holloway (7).

A resolution proclaiming October 2-6, 2002 as “Walk Nashville Week” and October 2, 2002 as “Walk to School Day” in Nashville and Davidson County, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections and Education 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, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams(35); “Noes” (0).

A resolution recognizing October 5, 2002, as “Hands On Nashville Day.” The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner,Williams (35); “Noes” (0).

A resolution proclaiming the week of October 6-12, 2002, as 2002 National 4-H Week. The resolution was approved by the Codes, Fair and Farmers Market Committee. Mr. Jenkins 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution recognizing October 20, 2002, as “Celebrate Antioch Day”. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Alexander 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

RESOLUTION NO. RS2002-1172

A resolution supporting the Constitutional Amendment permitting an increase of fines for ordinance violations. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Haddox, Hand, Bogen, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (31); “Noes” Tucker, Wallace, Whitmore (3).

A resolution requesting the Department of Public Works to remove all trash, litter and signs from the right-of-way of Metropolitan Government highways and streets. The Public Works Committee recommended deferment of the resolution. Mr. Derryberry moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating $375,000 in Urban Development Action Grant (UDAG) repayments to the Metropolitan Development and Housing Agency for use by the Nashville Minority Business Development Loan Fund, Inc. The resolution was approved by the Federal Grants Review Committee. Ms. Beehan 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution appropriating $200,000 in Urban Development Action Grant (UDAG) repayments to the Metropolitan Development and Housing Agency for use by the Nashville Housing Fund. The resolution was approved by the Federal Grants Review Committee. Ms. Beehan 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution amending the 2002-2003 to 2007-2008 Capital Improvements Budget (Ordinance No. BL2002-1062) to reclassify existing capital improvement projects and to add various capital improvement projects. The bill was approved by the Planning Commission; the Budget and Finance; Public Works; Parks, Library, Recreation and Auditorium; Public Safety-Beer, Wine and Whiskey, and Planning, Zoning and Historical Committees recommended deferment. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed Two Hundred Thirty-Six Million One Hundred Fifteen Thousand Dollars ($236,115,000) to be financed by the ad valorem levy on property in the general services district and in an aggregate principal amount of Twenty-Seven Million One Hundred Sixty-Five Thousand Dollars ($27,165,000) to be financed by the ad valorem levy on property in the urban services district. The Budget and Finance Committee recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution authorizing bond anticipation notes in an aggregate principal amount of not to exceed Two Hundred Thirty-Six Million One Hundred Fifteen Thousand Dollars ($236,115,000) to be financed by the ad valorem levy on property in the General Services District and in an aggregate principal amount of not to exceed Twenty-Seven Million One Hundred Sixty-Five Thousand Dollars ($27,165,000) to be financed by the ad valorem levy on property in the Urban Services District of the Metropolitan Government of Nashville and Davidson County; making provision for the issuance, sale and payment of said notes, and authorizing the expenditure of proceeds thereof. The Budget and Finance Committee recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution authorizing the issuance of Convention Center Capital Outlay Notes in an amount not to exceed Six Hundred Ninety-Seven Thousand One Hundred Dollars ($697,100) of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for Nashville Convention Center, restrooms upgrade, fire alarms upgrade, and carpet replacement, Project Nos. 02CC001, 02CC002 and 02CC003, and to declare the intent of The Metropolitan Government of Nashville and Davidson County to reimburse itself for certain expenditures with the proceeds of the General Services District Capital Outlay Notes. The Budget and Finance Committee recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution authorizing the issuance of Tennessee State Fairgrounds Capital Outlay Notes in an amount not to exceed One Million Fifty Thousand Dollars ($1,050,000) of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for Tennessee State Fairgrounds, paving, elevator installation, and miscellaneous small improvements and equipment purchase, Project Nos. 02FI002, 02FI03 and, 02FI027 and to declare the intent of The Metropolitan Government of Nashville and Davidson County to reimburse itself for certain expenditures with the proceeds of the General Services District Capital Outlay Notes. The Budget and Finance Committee and Codes, Fair and Farmers Market Committees recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating fourteen million one hundred twenty-one thousand three hundred dollars ($14,121,300) from the unappropriated fund balance of the General Fund of the General Services District that are designated to fund projects in the Mayor's Capital Spending Plan, and appropriating and carrying forward four million seventy-six thousand seven hundred ninety-four dollars ($4,076,794) from the unappropriated fund balance of the General Fund of the General Services District that are unencumbered and unexpended funds remaining at June 30, 2002 from previous appropriations of unappropriated fund balance that are designated to fund projects in the Mayor's 2001 Capital Spending Plan, and appropriating and carrying forward three million sixty-eight thousand three hundred forty-three dollars ($3,068,343) from the unappropriated fund balance of the School Fund of the General Services District that are unencumbered and unexpended funds remaining at June 30, 2002 from previous appropriations of unappropriated fund balance that are designated to fund projects in the Mayor's 2001 Capital Spending Plan. The Budget and Finance; Public Works; Parks, Library, Recreation and Auditorium; Personnel-Public Information-Human Relations-Housing; Health, Hospitals and Social Services; and Planning, Zoning and Historical Committees recommended deferment. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $120,730 from the General Fund Reserve Fund for the purchase of equipment for the Department of Public Health of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $1,540,643 from the General Fund Reserve Fund for the purchase of equipment, and for making improvements and repairs to real property for the Department of Public Works of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Works Committees recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $2,420,564 from the General Fund Reserve Fund for the purchase of equipment for the Police Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $116,000 from the General Fund Reserve Fund for the purchase of equipment for the Metropolitan Council of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $4,500,000 from the General Fund Reserve Fund for the purchase of equipment for the Information Technology Services of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $325,000 from the General Fund Reserve Fund for the purchase of equipment for the Davidson County Election Commission of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Rules-Confirmations-Public Elections Committees recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $391,000 from the General Fund Reserve Fund for the purchase of equipment for the Planning Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Planning, Zoning and Historical Committees recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $6,687,400 from the General Fund Reserve Fund for making improvements and repairs to real property for the Department of Finance of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

Resolution amending Resolution No. RS2001-510, as amended, to authorize the refunding of additional bonds thereunder and approving the preparation and delivery of a preliminary official statement describing the bonds to be sold and issued thereunder. The substitute resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution approving a second amendment to a grant between the State of Tennessee, Department of Correction to The Metropolitan Government of Nashville and Davidson County, acting through the State Trial Courts for the implementation of a supervision and day reporting center. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution approving a grant from the State of Tennessee, Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Arts Commission for administration of a local sub-grant program to not for profit organizations. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

RESOLUTION NO. RS2002-1193

A resolution approving a third 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 youth for re-entry into the labor force to be administered through the Nashville Career Advancement Center (01-09-999-309-YOUTH). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

RESOLUTION NO. RS2002-1194

A resolution authorizing the Metropolitan Mayor to enter into a cooperative agreement with the United States Department of the Interior - United States Geological Survey for a program of Water Resources Investigation. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hall 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution accepting $5,238.58 in compromise and settlement of the Metropolitan Government's claim against Kimberly Cook. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution accepting $48,307.50 in compromise and settlement of the Metropolitan Government's claim against Lojac Construction Co. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Nannie L. Gilbert against The Metropolitan Government of Nashville and Davidson County in the amount of $11,129.63, and directing that this amount be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

A resolution approving the compromise and settlement of the lawsuit of Larry Dowell against The Metropolitan Government and Tina Fearn for the amount of sixty thousand dollars ($60,000) and directing that this amount be paid out of the Self-Insured Liability Fund. The Budget and Finance Committee recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

A resolution approving the compromise and settlement of the lawsuit of Mitzi Smith Farley and Lawrence Farley against the Metropolitan Government for the amount of seven thousand eight hundred six dollars and ten cents ($7,806.10) and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins 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, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of Old Preston Road (Proposal No. 2002M-064G-12). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.

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 6125 Culberson Road (15.76 acres), all of which is more particularly described herein (Proposal No. 2002Z-072G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS5 District to RM9 District property at 1319 Lischey Avenue, approximately 200 feet south of Marie Street (.37 acres), all of which is more particularly described herein (Proposal No. 2002Z-082U-05). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR and R6 Districts to OL District properties at 511, 512, 514, 516, and 518 27th Avenue North, approximately 650 feet south of Clifton Avenue (1.45 acres), all of which is more particularly described herein (Proposal No. 2001Z-106U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 District to ON District property at 2313 Buena Vista Pike at the intersection of Buena Vista Pike and Mattie Street (1.07 acres), all of which is more particularly described herein (Proposal No. 2002Z-086U-03). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1208

An ordinance approving the redirection of $2,000,000 of income in the Capitol Mall Urban Development Action Grant (UDAG) from economic development activities to affordable housing activities and the appropriation of this $2,000,000 to the Metropolitan Development and Housing Agency for the Sam Levy HOPE VI affordable housing program. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review Committee by a voice vote of the Council.

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance approving a lease agreement between The Northwestern Mutual Life Insurance Company and The Metropolitan Government of Nashville and Davidson County for certain real property located at 501 Great Circle Road, Nashville, Tennessee, 37228, commonly known as First Image Building, for use as temporary space for the courts and related services (Proposal No. 2002M-098U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance approving a lease agreement between Duke Realty Limited Partnership and The Metropolitan Government of Nashville and Davidson County for certain real property located at 523 Mainstream Drive, Nashville, Tennessee, 37228, commonly known as Riverview Business Center II, for use as temporary space for the courts and related services (Proposal No. 2002M-097U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance approving a lease agreement between Peter Bruce Ltd. and The Metropolitan Government of Nashville and Davidson County for certain real property located at 601 Mainstream Drive, Nashville, Tennessee 37228, commonly known as Corners I, for use as temporary space for the courts and related services (Proposal No. 2002M-099U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance approving a grant from the State of Tennessee, Department of Children’s Services, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for the Child and Family Intervention Grant. 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 authorizing the conveyance of certain interests in three parcels of real property to the State of Tennessee in conjunction with the construction of Project Nos. 19045-2237-94 and 19076-2242-14 (Parcels 1 & 2, Proposal No. 2002M-100G-03) (Parcel 3, Proposal No. 2002M-101U-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Education; Parks, Library, Recreation and Auditorium; 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 stormwater and storm pipe easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SW-14, 442 Clearwater Drive (Proposal No.2002M-071U-13). 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 Metropolitan Government to participate with Laura Wilhite to provide public sewer service in Stonebrook Subdivision, Section 13-C in Williamson County, Project No. 98-SL-088A. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

An ordinance abandoning the Water Pumping Station on Map 131-13, Parcel 35, Skymont Water Pumping Station of Project No. 02-WG-92 (Proposal No. 2002M-086G-10). 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 to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by closing certain rights-of-way adjacent to the proposed Symphony Hall site (Proposal No. 2002M-090U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic & Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance to abandon a 57-foot public utility easement and a 20-foot sewer easement located on Map 93-06-4, Parcel 062.00 of Project No. 02-SW-140, Symphony Hall, (Proposal No. 2002M-091U-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.

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 RS80 District to AR2a District a part of property at 7132 Charlotte Pike, abutting the western margin of Charlotte Pike (3.68 acres), all of which is more particularly described herein (Proposal No. 2002Z-098G-06). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS15 District to AR2a District property at 1874 Bakers Grove Road, approximately 4,000 feet west of Hobson Pike (42.42 acres), all of which is more particularly described herein (Proposal No. 2002Z-081G-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL District to R10 District properties at 420, 424 Donelson Pike, and Donelson Pike (unnumbered), approximately 160 feet south of Lakeland Drive (9.46 acres), all of which is more particularly described herein (Proposal No. 2002Z-078U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS10 and RM15 Districts properties at 765 Preston Road and Preston Road (unnumbered), approximately 1,250 feet west of Cane Ridge Road (145 acres), all of which is more particularly described herein (Proposal No. 2002Z-075G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to MUL District properties at 900 10th Avenue North, 902, 904, 908, 914, 916, and 918 Ireland Street, and Ireland Street (unnumbered), abutting the west margin of Ireland Street (1.44 acres), all of which is more particularly described herein (Proposal No. 2002Z-104U-09). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR District to MUN District properties at 1502 5th Avenue North and 4th Avenue North (unnumbered), abutting the northern margin of Van Buren Street (0.60 acres), all of which is more particularly described herein (Proposal No. 2002Z-089U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, relative to the Commercial Amusement (outside), all of which is more particularly described herein (2002Z-022T). Mr. Ponder offered a substitute bill and moved that it be accepted for filing, and no objection was heard.

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, relative to the Commercial Amusement (outside), all of which is more particularly described herein (2002Z-022T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to CS District property at 7346 Charlotte Pike, abutting the eastern margin of Old Hickory Boulevard (.92 acres), all of which is more particularly described herein (2002Z-093G-06). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL District to CS District properties at 7412 Old Hickory Boulevard and Old Hickory Boulevard unnumbered, abutting the southern margin of Old Hickory Boulevard (22.97 acres) (Proposal No. 2002Z-103G-03). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the undeveloped Commercial Planned Unit Development District located abutting the south margin of Old Hickory Boulevard, west of Interstate 24, classified within the CL District and proposed for CS District (22.97 acres), (Proposal No. 88P-023G-03). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance amending Section 12.40.040 of the Metropolitan Code by permitting parking within the Central Business Improvement District during certain evenings in some spaces where parking is now prohibited. The bill was disapproved by the Traffic and Parking Commission; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 12.08.150 of the Metropolitan Code by reducing the authority to tow vehicles illegally parked within the area of the Metropolitan Government. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Metropolitan Code of Laws Section 15.16.240, 15.16.260, 15.16,270, and 15.16,290 by removing the approval of lead water pipes and galvanized water pipes for installation in the public distribution system. The bill was approved by the Public Works and Codes, Fair and Farmers Market 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 Section 13.24.390 of the Metropolitan Code by allowing advertising in certain areas of public parks as may be permitted by the Board of Parks and Recreation. The Parks, Library, Recreation and Auditorium Committee recommended deferment of the bill. Mr. Alexander moved to defer the bill on second reading upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending the Metropolitan Code of Laws to prohibit the sale of goods or the resale of tickets within the area surrounding the Nashville Convention Center, Municipal Auditorium, the Nashville Arena, and the Nashville football stadium. The Budget and Finance and Parks, Library, Recreation and Auditorium Committees recommended deferment of the bill. Mr. Wallace moved to defer the bill on second reading upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the approval of grants requiring Council approval via resolution. The Budget and Finance recommended deferment of the bill. Mr. Shulman moved to defer the bill on second reading upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Traffic and Parking Commission, and the Nashville Downtown Partnership, whereby the Nashville Downtown Partnership agrees to manage the Parking Facilities under the jurisdiction of the Metropolitan Government Department of Public Works, Parking Division. The bill was approved by the Budget and Finance and Traffic and Parking Committees 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 pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

An ordinance approving a grant in an amount not to exceed $355,500 from the State of Tennessee, Department of Finance and Administration to the Metropolitan Government of Nashville and Davidson County, acting through the 20th Judicial District Attorney General's Office for the Major Drug Enforcement Program. 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 approving a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for Title IV-D child support services. 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 approving a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for training of probation officers. 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 accepting the donation of Fifty Dollars ($50) from St. Henry Catholic Church to the Metropolitan Department of Police for use in the Victim’s Intervention Program. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the Metropolitan Police Department to donate police canines and horses to qualified officers, law enforcement agencies, and/or not-for-profit organizations. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance approving an agreement between the Metropolitan Government, JDN Realty Corporation and Wal-Mart Real Estate Business Trust relating to the establishment of access, drainage and maintenance rights to a certain parcel of property in Davidson County (Proposal No. 2002M-092G-06). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Bogen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the acquisition of property by negotiation or condemnation for Dickerson Road Sidewalk Improvement Project from Trinity Lane to Alhambra Circle, Project No. 02-M-01 (Proposal No. 2002M-076U-05). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Majors 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 Dickerson Road Sidewalk Improvement Project from Douglas Avenue to Trinity Lane Project No. 01-M-13 (Proposal No. 2002M-077U-05). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the acquisition of property by negotiation or condemnation for Jones Avenue Sidewalk Improvement Project, from Douglas Avenue to Ward Street, Project No. 01-R-05 (Proposal No. 2002M-078U-05). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept an easement from the Corps of Engineers on property tract No. A-155-7 described herein and approving the Director of Public Property to execute the necessary documents in connection therewith. The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Brown offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Brown moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

An ordinance approving the disposition of certain parcels of property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County (800 Fatherland Street, 4304 Old Hickory Boulevard and 711 Stockell Street) (Proposal Nos. 2002M-093U and 2002M-094G-14). The bill was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1199

An ordinance authorizing the Metropolitan Government to participate with The Jones Company for the construction of Bridgeton Park, Phase 1, Project No. 02-SL-88, a public sewer service in Williamson County, and to execute the necessary documents. 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 Metropolitan Government of Nashville and Davidson County to accept an easement from the Corps of Engineers on property tract Nos. 746 and 746E-5 described herein and approving the Director of Public Property to execute the necessary documents in connection therewith. The bill was approved by the Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Ms. McClendon requested a suspension of the rules to override the recommendation for deferment, and no objection was made. 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 a portion of a sewer line and easement upon completion of installation and acceptance of proposed relocation. Metropolitan Government agrees to abandon existing sewer line and easement on Map 092-11, Alley Nos. 909 and 927, of Project No. 02-SL-91, HCA Combination Sewer and Easement Abandonment (Proposal No. 2002M-068U-10). 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 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 Maxwell Road (unnumbered), at the intersection of Maxwell Road and LaVergne Couchville Pike, (1.65 acres), all of which is more particularly described herein (Proposal No.2002Z-039G-13). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. Holloway moved for a suspension of the rules to override the committee recommendation, which motion was seconded and adopted without objection. 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, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance adopting Chapter 12.69 of the Metropolitan Code of Laws prohibiting cruising in certain areas within the Metropolitan Government. The bill was approved by the Traffic Commission and by the Public Safety-Beer, Wine and Whiskey and Traffic and Parking Committees with amendments. Mr. Wallace moved for a suspension of the rules to consider Amendment No. 1; however, objection was made. Mr. Wallace moved for a suspension of the rules to consider Amendment No. 2; however, objection was made. Mr. Wallace moved to pass the bill on second reading, which motion was seconded. Mr. Wallace filed a document for the record on the matter. After discussion, Mr. Wallace moved to defer the bill on third 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 Hale Street (Proposal No. 2002M-045U-03). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Black moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (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 RS30 and RS40 districts to RS10 district property at 8264 Collins Road and Collins Road (unnumbered), at the intersection of Collins Road and Collinswood Drive (4.52 acres), all of which is more particularly described herein (Proposal No. 2002Z-088G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (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 SCR District properties at 14838, 14844, 14850, 14854, 14860, 14864 Old Hickory Boulevard, 1584, 1604 Bell Road, and Bell Road (unnumbered), at the intersection of Bell Road and Old Hickory Boulevard, (33 acres), all of which is more particularly described herein (Proposal No. 2002Z-077U-12). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Knoch moved to defer the bill so that remaining problems with the proposal could be addressed, the bill being requested by Gresham, Smith & Partners, 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 R10 District to CL District properties at 47, 49, 53, 61, 65 Thompson Lane and 2900, 2901, 2906, 2910, 2911, 2915 Willowbrook Drive, and Willowbrook Drive (unnumbered), (10.77 acres), all of which is more particularly described herein (Proposal No. 2000Z?087U?11). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. McClendon 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (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 amending the Commercial Planned Unit Development District abutting the south margin of Thompson Lane, west of I-24, classified within the R10 District, (10.77 acres), to permit a 117,324 square foot retail center, (Proposal No. 116-83-U-11). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee with an amendment. Ms. McClendon offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. McClendon 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (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 R40 District to CL District property at 5724 River Road, abutting the north margin of River Road, just west of Charlotte Pike intersection, (6.56 acres), all of which is more particularly described herein (Proposal No. 2002Z-031G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Bogen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance amending Section 7.08.090 of the Metropolitan Code by providing for an extended opportunity until April 30, 2003 for restaurants in the MUL zone districts to obtain retailer on-sale beer permits. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Ms. Beehan moved to pass the bill on third reading, 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance approving a lease agreement between the Metropolitan Nashville Airport Authority (MNAA) and The Metropolitan Government of Nashville and Davidson County, for certain real property located at Nashville International Airport in Davidson County, commonly known as the Luton Center (Proposal 2002M-088U-13). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer, Wine and Whiskey, and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance authorizing the Metropolitan Mayor to make an application and execute the necessary documents to secure a grant and/or loan from the U.S. Department of the Army, Federal Emergency Management Agency and/or the State of Tennessee Emergency Management Agency to fund the projects listed herein. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance approving a grant from the State of Tennessee, Administrative Office of the Courts ("AOC"), to The Metropolitan Government of Nashville and Davidson County, for and on behalf of the Twentieth Judicial District State Trial Courts, for the Divorce Education and Mediation Project. The bill was approved by the Budget and Finance Committee. Mr. Turner 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SW-10, 3202 LaGrange and 3200 LaGrange Drive (Proposal No. 2002M-072U-03). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Black moved 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

BILL NO. BL2002-1168

An ordinance authorizing the Metropolitan Government to participate with JCH Development Co., LLC, for the construction of Project No. 02-SL-22, Long Hunter Chase, Phase 3, Section 2, and execute the necessary documents. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance approving a lease agreement between Duke Realty Limited Partnership and The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Career Advancement Center, for certain real property located at 621 Mainstream Drive, Nashville, Tennessee, 37228, commonly known as Corners II (Proposal 2002M-087U-08). The bill was approved by the Planning Commission, Budget and Finance, Personnel-Public Information-Human Relations-Housing, and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

BILL NO. BL2002-1170

An ordinance abandoning a portion of easements and drainage system previously conveyed to the Metropolitan Government, Jackson Downs Commercial/Mathews Partners, Map 85, Part of Parcel 55, Project No. 66-S-53-F and 95-SL-76 and Map 85-7, Parcels 92, 93, 110, and 205 of Project No. 02-WL-78 (Proposal No. 95M-072U and Proposal No. 2002M-059U-14). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance approving a lease agreement by and between the United States of America, Department of the Army, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Parks and Recreation for a parcel of property adjacent to the Cheatham Lock and Dam (Proposal No. 2002M-084U-14). The bill was approved by the Planning Commission, Budget and Finance; Parks, Library, Recreation and Auditorium; and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance authorizing the Police Department of The Metropolitan Government of Nashville and Davidson County to accept a donation of $1,507.05 from the Carl Williams 5K Walk/Run For Victims Rights for the benefit of the Police Department’s Victim Intervention Program. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Williams moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance authorizing the Police Department of The Metropolitan Government of Nashville and Davidson County to accept the donation of an Abduction Central Alert software program from the Child Alert Foundation. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance authorizing the Police Department of The Metropolitan Government of Nashville and Davidson County to receive the Lost Child Alert Technology Resource from the National Center for Missing and Exploited Children. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance accepting a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $200,000 to purchase personnel protective and detection equipment for emergency first responders to a weapons of mass destruction incident. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Campbell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance approving an agreement between the State of Tennessee, Department of Transportation and The Metropolitan Government of Nashville and Davidson County for reimbursement of funds expended for litter pickup. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance abandoning a sewer drainage easement on Map 72-14, Parcel 031.00 of Project No. 02-SG-92 CVS Pharmacy Sewer Drainage and Easement Abandonment located at 2516 Gallatin Avenue (Proposal No. 2002M-074U-05). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Campbell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

BILL NO. BL2002-1179

An ordinance abandoning a portion of a water line, drainage, and public utility easements on Map 64-15, Parcels 1, 5, 10, 25-29 of Project No. 02-SL-68, Hermitage Wal-Mart, abandonment and relocation of various public utility and drainage easements and water and sewer line easements (Proposal No. 2002M-053G-14). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Brown 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

An ordinance amending the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, Tennessee, by accepting the dedication of Recovery Road and associated right-of-way (Proposal No. 2001S-343U-12). The bill was approved by the Planning Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Ms. Arriola 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

BILL NO. BL2002-1182

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by closing a portion of Old U.S. Highway 70 South (Proposal No. 2002M-054G-06). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

BILL NO. BL2002-1183

An ordinance authorizing HCA Realty, Inc., to construct, install, and maintain a pole sign within the right-of-way adjacent to Recovery Road (Proposal No. 2002M-018U-12). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Ms. Arriola 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, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams (35); “Noes” (0).

Minutes

Metropolitan Council Meeting Tuesday, October 1, 2002

RESOLUTION NO. RS2002-1172

RESOLUTION NO. RS2002-1193

RESOLUTION NO. RS2002-1194

BILL NO. BL2002-1199

BILL NO. BL2002-1168

BILL NO. BL2002-1170

Metropolitan Council Meeting
Tuesday, October 1, 2002