 |
Minutes |
|
Minutes |
The Metropolitan Council met in adjourned session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Reverend Ed Sanders.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Jenkins, Williams, and President Gentry (34); Absent: Majors, Stanley, Alexander, Knoch, and Turner (5).
The Minutes of the regular meeting of October 15, 2002 were approved.
- ELECTIONS
AND CONFIRMATIONS -
Community
Corrections Advisory Board
Appointment of Mr. David Collins to the Community Corrections Advisory Board
for a term expiring November 1, 2004. The Rules-Confirmations-Public Elections
Committee approved the appointment and recommended deferment. Mr. Greer moved
to defer the confirmation, which motion was seconded and adopted without objection.
Health
and Educational Facilities Board
The President called for an election to fill two six-year terms on the Health
and Educational Facilities Board of The Metropolitan Government of Nashville
and Davidson County. The nominations of Dr. Charles E. Hall and Dr. Dante Roa
were previously submitted; at this time, Dr. Roa withdrew his name from consideration.
Mr. Greer, Chair of the Rules-Confirmations-Public Elections Committee, reported
that the Committee had considered and recommended Dr. Hall for election. Mr.
Greer moved to elect Dr. Charles E. Hall, which motion was seconded and unanimously
adopted.
The President announced that nominations would be taken at the next regular meeting for the one remaining vacancy on the Board and an election held at the first meeting in December.
- CONSENT
AGENDA RESOLUTIONS -
RESOLUTION
NO. RS2002-1222
A resolution recognizing Robert “Vic” Lineweaver. The Rules-Confirmations-Public
Elections Committee recommended deferment of the resolution. Mr. Greer moved
to defer the resolution, which motion was seconded and adopted by a voice vote
of the Council.
A resolution recognizing November 14, 2002, as Philanthropy Day in Nashville.
A resolution recognizing the Joseph B. Knowles Home for the Aged.
A resolution recognizing Loews Vanderbilt Hotel general manager Tom Negri.
RESOLUTION
NO.RS2002-1226
A resolution recognizing the 2002 Davidson Academy “Lady Bears”
Girls Class A-AA Golf Team.
A resolution recognizing Davidson Academy on winning Blue Ribbon honors from the United States Department of Education.
Without objection the rules were suspended to add one late resolution to the consent agenda.
A resolution recognizing the Declaration of Independence Road Trip exhibit.
The consent agenda resolutions, with the exception of RS2002-1222 as stated above, were approved by the Rules-Confirmations-Public Elections Committee. Mr. Greer moved to adopt the approved resolutions, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Arriola, Sontany, Holloway, Kerstetter, and Jenkins (30); “Noes” (0).
- RESOLUTION
-
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Greer moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Shulman, Arriola, Sontany, Holloway, Kerstetter, and Jenkins (30); “Noes” (0).
- BILLS ON PUBLIC HEARING -
BILL
NO. BL2002-1159
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 OR20 District properties at 309 and 311 Collier
Avenue, approximately 550 east of Nolensville Pike, (0.36 acres), all of which
is more particularly described herein (Proposal No. 2002Z-068U-11). The bill
was disapproved by the Planning Commission. Ms. McClendon moved to defer the
bill indefinitely while negotiations are ongoing between developers and the
neighborhood, the bill being requested by Action Nissan, Inc., which motion
was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code to establish buffering distances between waste facilities and parks and schools, and by defining the term “park,” all of which is more particularly described herein (Proposal No. 2002Z-021T). The bill was approved by the Planning Commission. Mr. Brown 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. Brown offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted without objection. Mr. Brown moved to pass the bill on second reading as amended, re-refer to the Planning Commission as amended, and refer to the Planning, Zoning and Historical Committee, 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 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. Mr. Waters requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Waters moved to defer the bill so that a community meeting can be held, the bill being requested by Anderson-Delk & Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by 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. Mr. Hall 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. Hall moved to defer the bill indefinitely because of neighborhood opposition, the bill being requested by Anita Cartmell, 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 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. Mr. Whitmore 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. Whitmore moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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. Mr. Black moved to defer the bill indefinitely at the request of petitioner Nashville Gas Company, 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 CL District properties at Bell Road (unnumbered) at the intersection of Bell Road and Old Hickory Boulevard (6.34 acres), all of which is more particularly described herein (Proposal No. 2002Z-076U-12). The bill was disapproved by the Planning Commission. Mr. Waters requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Waters moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, which motion was seconded. Ms. Holloway moved that the rules be suspended to allow additional comment from the public, which motion was seconded without objection. After additional discussion, the matter recurred on the motion to pass 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 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. Mr. Bogen 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. Bogen moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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. Mr. Ponder 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 a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Ponder moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL District to 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. Mr. Loring 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. Loring moved to pass the bill on second reading, refer it to the Planning, Zoning and Historical Committee, and defer it to the first regular meeting in December, 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 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. Mr. Waters requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Hand moved that the rules be suspended to allow additional comment from the public, which motion was seconded and adopted by a voice vote of the Council. After additional discussion, Mr. Waters moved to pass the bill on second reading, which motion was seconded. Mr. Kerstetter moved to defer the bill indefinitely, which motion was seconded. Mr. Waters moved to table the motion to defer, which motion was seconded and failed by a roll call vote of the Council. Mr. Kerstetter amended his motion to defer the bill one meeting, which amendment was accepted without objection. After discussion, Ms. Tucker 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 defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from 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). The bill was approved by the Planning Commission. Mr. Haddox 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. Haddox moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 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. Mr. Haddox 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. Haddox moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2002-1226
An ordinance to amend 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). The bill was approved by the Planning Commission. Mr. Ponder 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. Ponder moved to defer the bill indefinitely and re-refer it to the Planning Commission, 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 R15 District 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 (Proposal No. 2002Z-093G-06). Mr. Bogen 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 passage of the bill. The President declared the public hearing closed. Mr. Bogen moved to pass the bill on second reading, refer it to the Planning, Zoning and Historical Committee, and defer the bill indefinitely, the bill being requested by Digidata Corporation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL District to CS District properties at 7412 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), abutting the southern margin of Old Hickory Boulevard (21.77 acres), all of which is more particularly described herein (2002Z-103G-03). The bill was approved by the Planning Commission. Mr. Nollner 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. Nollner moved to pass the bill on second refer and refer it to the Planning, Zoning and Historical Committee, 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 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), approved for a 195,025 square foot retail, restaurant and convenience development (Proposal No. 88P-023G-03). ). The bill was approved by the Planning Commission. Mr. Nollner 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. Nollner moved to pass the bill on second refer and refer it to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON
INTRODUCTION AND FIRST READING -
An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. 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 approving a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Nashville Arts Commission for general operating expenses. 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 re-adopting Title 4 of the Metropolitan Code of Laws cited as the 1992 Procurement Code of The Metropolitan Government of Nashville and Davidson County with changes to sections 4.04.050, 4.04.060, 4.08.040(C)(6), 4.08.050(B), 4.12.010, 4.16.030, 4.32.050, and 4.40.050(B) and the addition of a new section, Section 4.04.070. 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 amending Section
3.29.050 and 3.28.050 of the Metropolitan Code of Laws specifying that the Metropolitan
Government has a subrogation interest for in-line-of-duty disability pensions
paid when a third party is legally liable for the employee’s injury. Upon
motion duly seconded, the bill passed first reading and was referred to the
Budget and Finance and Personnel-Public Information-Human Relations-Housing
Committees by a voice vote of the Council.
An ordinance amending Title 3 of the Metropolitan Code of laws relative to employee benefits in order to add a deferred retirement option program ("DROP") to the retirement plan. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.
An ordinance permitting employees of the Metropolitan Government to decline medical and dental coverage offered through the metropolitan employee benefit system. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.
An ordinance creating the positions of Garage Manager; Garage Supervisor 1; Garage Supervisor 2; Manager of Fleet Operations; and Public Works Associate Director of The Metropolitan Government of Nashville and Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.
An ordinance creating the positions of Paramedic 3; Emergency Medical Technician 3; and Executive Administrator – Police/Fire for the Police and Fire Departments of The Metropolitan Government of Nashville and Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.
An ordinance accepting a donation from the Dodge Division of the Daimler-Chrysler Corporation to the Metropolitan Police and Fire Departments. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
An ordinance approving the donation of certain surplus cellular telephones held by The Metropolitan Government of Nashville and Davidson County to various not for profit domestic violence organizations. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee.
An ordinance reducing a triangularly shaped Public Utility Drainage and Storm Pipe Easement to a 10-foot wide Public Utility Drainage and Storm Pipe Easement located on Map 97-08, Parcel 009.00 of Project No. 02-SW-120, 4009 Lake Parkway (Proposal No. 2001M-089G-14). 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 authorizing
Cook’s Pest Control to construct, install, and maintain coring and underground
termite treatment within the public sidewalks along Second Avenue North, Bank
Street, and First Avenue North for the purpose of termite protection of the
Washington Square Building, located at 214 and 222 Second Avenue North (Proposal
No. 2002M-095U-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 the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by abandoning Alley #1177 between Georgia Avenue and Alley #1221, abandoning a portion of Alley #1202 extending approximately 100 feet west from Alley #1177, and to abandon a portion of Alley #1221 from the east property line of parcel 174 of map 92-10 to its terminus at the east property line of parcel 162 of map 92-10 (Proposal No. 2002M-096U-08). 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 IWD District to CS District property at 145 Lafayette Street, at the intersection of Lewis Street and Lafayette Street (0.36 acres), all of which is more particularly described herein (Proposal No. 2002Z-069U-11). 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.
Upon motion duly seconded, the meeting was adjourned.