Metro Seal

Minutes


Metropolitan Council Meeting
Thursday, November 19, 2002


The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilmember Ginger Hausser.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Tygard, and President Gentry (38); Absent: Dillard, Knoch (2).

The Minutes of the adjourned meeting of November 7, 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 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 Metropolitan 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 to the Metropolitan 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.

Wastewater Hearing Authority
Reappointment of Mr. Albert S. Malone to the Wastewater Hearing Authority for a term expiring October 1, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a voice vote of the Council.

Health and Educational Facilities Board
The President called for nominations to fill one six-year term expiring September 30, 2008 on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. Mr. Nollner nominated Ms. Rebecca Brooks; Mr. Turner nominated Dr. Elisha Richardson. Nominations ceased and the candidates were referred to the Rules-Confirmations-Public Elections Committee for a recommendation. An election will be conducted at the next regular meeting of the Council to fill the vacancy.


- RESOLUTIONS -

RESOLUTION NO. RS2002-1185

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 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1208

A resolution approving the property at 532 Thompson Lane to be used for a waste transfer station. The resolution was disapproved by the Planning, Zoning and Historical Committee. Ms. McClendon moved to defeat 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1230

A resolution approving the property at 10 Culvert Street to be used for a waste transfer station. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Waters moved to defer the resolution for two meetings at the request of the sponsor; further, the President was requested to reinstitute the Subcommittee on Solid Waste to which this and related legislation would be referred, which motion was seconded. Documents were filed for the record on the proposal. After discussion, Mr. Alexander 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 for two meetings, which motion was adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-1231

A resolution approving the property on Centennial Boulevard to be used for a waste transfer station. The resolution was disapproved by the Planning, Zoning and Historical Committee. Ms. Hand moved to withdraw the resolution, as the application at the Board of Zoning Appeals has been withdrawn, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-1232

A resolution approving the property at 4457 Ashland City Highway to be used for a waste transfer station. The resolution was disapproved by the Planning, Zoning and Historical Committee. Petitions were filed in opposition to adoption of the resolution. Ms. Gilmore moved to withdraw the resolution, as the application at the Board of Zoning Appeals has been withdrawn, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-1233

A resolution approving the property at 2011 Southerland Drive to be used for a waste transfer station. The resolution was disapproved by the Planning, Zoning and Historical Committee. Mr. Black moved to withdraw the resolution, as the application at the Board of Zoning Appeals has been withdrawn, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-1234

A resolution requesting the State of Tennessee to prohibit the issuance of Alcoholic Beverage licenses within the area of the Metropolitan Government at any location that does not meet the requirements for the sale of beer. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Wallace moved to defer the resolution for two meetings, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-1235

A resolution requesting the Department of Public Works – Waste Management Division to initiate a program to remind residents on a monthly basis to place their recycling containers at the curb. Mr. Black moved to withdraw the resolution, as measures have already been instituted to address this matter, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-1236

A resolution appropriating $120,000 in Community Development Block Grant funds for infrastructure improvements located at the intersection of Jefferson Street and D.B. Todd Boulevard. The resolution was approved by the Federal Grants Review Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1237

A resolution authorizing the filing of a petition with the court to request that The Metropolitan Government of Nashville and Davidson County be allowed to resign as Trustee of the Joseph B. Knowles Trust and recommending the appointment of Senior Citizens, Inc. as successor Trustee. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1238

A resolution supplementing and amending certain resolutions of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government’s Water and Sewer Revenue Refunding Bonds, Series 2002. Mr. Jenkins offered a substitute resolution and moved that it be accepted for filing, and no objection was heard.

The Clerk reported that the following bids were received on this date for the sale of the Metropolitan Government Water and Sewer Revenue Refunding Bonds, Series 2002:

BIDDER

UBS PaineWebber Inc.                                 4.314982%
BB&T Capital Markets                                 4.326164%
ABN AMRO Financial Services, Inc.            4.339997%
Raymond James & Associates, Inc.               4.340035%
Lehman Brothers                                           4.344387%
Salomon Smith Barney, Inc.                           4.350860%
Stephens Inc.                                                 4.363398%
Fidelity Capital Markets                                 4.431437%

The bid of UBS PaineWebber Inc. with the lowest true interest cost of 4.314982% was accepted as the successful bid.


SUBSTITUTE RESOLUTION NO. RS2002-1238

A resolution supplementing and amending certain resolutions of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government’s Water and Sewer Revenue Refunding Bonds, Series 2002. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1239

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County approved under Resolution No. RS2001-639, by adding the positions of Emergency Vehicle Technician 1 and 2; Emergency Vehicle Technician Supervisor; Emergency Telecommunicator 1, 2 and 3; Emergency Communications Center Assistant Supervisor; Emergency Communications Center Supervisor; Emergency Communications Center Assistant Manager; Emergency Communications Center Manager; Emergency Telecommunications Training Officer; and Emergency Communications Director. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1240

A resolution approving an increase in the amount of $100,000 to a grant to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, from the State of Tennessee, Department of Transportation, for the development of the downtown greenway. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1241

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 continuation of a program to operate and maintain a UVM gauge on the Cumberland River and a rainfall runoff-gauging network for several streams in the Metropolitan area of Nashville. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1242

A resolution approving a grant from the U.S. Department of Health and Human Services, by and through the Health Resources and Services Administration, to the Metropolitan Board of Health for a Community Access Program to improve and expand access to medical services, substance abuse, mental and dental health services for residents of Davidson County who are uninsured. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1243

A resolution approving an EPA Cooperative Agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, Pollution Control Division, and the U.S. Environmental Protection Agency, for a study to determine ambient concentrations of hazardous air pollutants at two sites in Nashville, Davidson County, Tennessee. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1244

A resolution authorizing the Metropolitan Mayor to enter into a Water Line Agreement No. CSX-044072, with CSX Transportation, allowing the Department of Water and Sewerage Services to construct and maintain water lines in the railroad right-of-way located at Valuation Station 198+10, Milepost 00N-3.77, Nashville Terminal Subdivision, in the vicinity of Westlawn Court and CSX Railroad Crossing, Project No. 01-WG-4A. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Summers 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1245

A resolution approving the bill paying station agreement between Business Services of America, LLC and the Department of Water and Sewerage Services per Metropolitan Ordinance No. 88-613. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1246

A resolution approving an amendment to an agreement between the Metropolitan Department of Water and Sewerage Services and Sprint Spectrum, L.P. The resolution was approved by the Budget and Finance and Public Works Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1247

A resolution authorizing Metropolitan Real Property Services to negotiate and acquire, by fee simple purchase, properties located at 3099 Ewingdale Drive and 3140 Gwynnwood Drive, Metro Water Services Project 02-D-149, Map 060-01, Parcel 176 and 134 (Proposal No. 2002M-110U-03). The resolution was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Nollner 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1248

A resolution approving an amendment to the grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, to provide Families First support services to be administered through the Nashville Career Advancement Center. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1249

A resolution approving a grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, for the provision of establishing programs to prepare dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (03-09-RY3-109-ADMIN). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1250

A resolution approving a grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, to establish programs to prepare adults, youth and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (03-09-FY3-409-DSLWK). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


RESOLUTION NO. RS2002-1251

A resolution approving a grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, for employment and training services to adults to be administered through the Nashville Career Advancement Center (03-09-FY3-209-ADULT). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1252

A resolution approving a grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, for the provision of establishing programs to prepare adults, youth, and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (02-09-FY2-909-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1253

A resolution accepting $6,225.00 in compromise and settlement of the Metropolitan Government's claim against Edna Grimsley. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1254

A resolution accepting $6,428.13 in compromise and settlement of the Metropolitan Government's claim against Norma Lampley. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

RESOLUTION NO. RS2002-1255

A resolution accepting $6,966.96 in compromise and settlement of the Metropolitan Government's claim against Kristen Dyer. Mr. Jenkins moved to withdraw the resolution, which motion was seconded and adopted without objection.

RESOLUTION NO. RS2002-1256

A resolution approving the compromise and settlement of the lawsuit of Ebtisam H. Najman against The Metropolitan Government of Nashville and Davidson County for the amount of Five Thousand Five Hundred Dollars ($5,500.00) 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

Mr. Greer requested a suspension of the rules for consideration of a late resolution, and no objection was made.

RESOLUTION NO. RS2002-1257

A resolution electing Dr. Charles E. Hall to the Board of Directors of the Health and Educational Facilities Board of the Metropolitan Government of Nashville and Davidson County, Tennessee. 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, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

 

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2002-1244

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 certain parcels of property adjacent to the J. Percy Priest Lake and Dam to be used as a trailhead for the Stones River Greenway (Proposal No. 2002M-114U-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; Parks, Library, Recreation and Auditorium; and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1245

An ordinance approving the disposition of a certain parcel of property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County (1002 Saunders Avenue, Madison, TN) (Proposal No. 2002M-113G-04). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1246

An ordinance amending the Metropolitan Code of Laws to prohibit the enforcement of parking meters on Saturdays. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Traffic and Parking Committees by a voice vote of the Council.

BILL NO. BL2002-1247

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.12.080 Cluster lot option by limiting the use of the cluster lot option to planned unit development overlays (Proposal No. 2002Z-023T). 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.

BILL NO. BL2002-1248

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2002M-123U-00). 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.

BILL NO. BL2002-1249

An ordinance abandoning and relocating a portion of a sewer line and easement upon completion and acceptance of proposed relocation on Map 104-02, Parcel 244 & 247 of Project No. 02-SL-48, The Row at 31st Avenue (Proposal No. 2002M-102U-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 Committee by a voice vote of the Council.

BILL NO. BL2002-1250

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning an unnumbered alley east of 31st Avenue North (Proposal No. 2002M-085U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1251

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 RM20 District to OR20 District property at 350 Wallace Road, approximately 1,000 feet west of Nolensville Pike (1.45 acres), all of which is more particularly described herein (Proposal No. 2002Z-096U-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.


- BILLS ON SECOND READING -

BILL NO. BL2001-723

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 for two meetings, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2001-822

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 bill was deferred by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to defer the bill for two meetings, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1203

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. The bill was approved by the Planning, Zoning and Historical Committee with an amendment. Mr. Waters offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Waters moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1223

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 and Planning, Zoning and Historical Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1230

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. The bill was approved by the Federal Grants Review Committee. The bill was approved by the Federal Grants Review Committee. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1231

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. The bill was approved by the Budget and Finance Committee. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1232

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. The bill was approved by the Budget and Finance Committee. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1233

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. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1234

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. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1235

An ordinance permitting employees of the Metropolitan Government to decline medical and dental coverage offered through the metropolitan employee benefit system. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1236

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. The bill was approved by the Public Works and Personnel-Public Information-Human Relations-Housing Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1237

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. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee and Personnel-Public Information-Human Relations-Housing Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1238

An ordinance accepting a donation from the Dodge Division of the Daimler-Chrysler Corporation to the Metropolitan Police and Fire Departments. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1239

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. The bill was approved by the Budget and Finance Committee. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1240

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, Public Works, and Planning, Zoning and Historical Committees. Mr. Ponder moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1241

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, Public Works, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1242

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, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.



- BILLS ON THIRD READING -

BILL NO. BL2002-996

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 RS7.5 District property at Moss Road (unnumbered), across from Winton Drive, (28.16 acres), all of which is more particularly described herein (Proposal No. 2002Z?016U?13). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Alexander offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Alexander moved to defer the bill on third reading and re-refer to the Planning Commission as amended, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1090

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 MUL District properties at 7380, 7386 Old Harding Pike and Bellevue Road (unnumbered), at the intersection of Bellevue Road and Old Harding Pike, (5.76 acres), all of which is more particularly described herein (Proposal No.2002Z-005G-06). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Tygard 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1091

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 existing undeveloped Planned Unit Development abutting the northeast margin of Bellevue Road and the northwest margin of Old Harding Pike, classified within the CL district and proposed for MUL district, (5.76 acres), approved for two restaurants, one 7,475 square feet and the other 10,100 square feet, and a 5,600 square foot convenience market, all of which is more particularly described herein (Proposal No. 2000P-002G-06). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Tygard 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1092

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 applying an Urban Design Overlay District to properties abutting the northeast margin of Bellevue Road and the northwest margin of Old Harding Pike, classified CL and proposed for MUL, (5.76 acres), to permit a mixed-use development including 61,850 square feet of retail/restaurant/office/residential uses, (Proposal No. 2002UD?002G-06). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Tygard 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1145

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to CS District properties at 3506, 7086 Hamilton Church Road and Hobson Pike (unnumbered), at the intersection of Hobson Pike and Hamilton Church Road, (29.97 acres), all of which is more particularly described herein (Proposal No. 2002Z-070G-13). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended approval. Ms. Holloway moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (32); “Noes” Tucker (1); “Abstaining” Gilmore, Hausser, Bogen (3).


BILL NO. BL2002-1149

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. Briley moved to defer the bill indefinitely at the request of the sponsor, which motion was seconded. After discussion, Mr. Jenkins 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 indefinitely, which motion failed by a roll call vote of the Council. Mr. Summers moved to pass the bill on third reading, which motion was seconded. Mr. Briley moved to withdraw the bill, which motion was seconded. Ms. Hand moved to table the motion to withdraw, which motion was seconded and failed by a voice vote of the Council. The matter recurred on the motion to withdraw, which motion was adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Black, Nollner, Majors, Balthrop, Brown, Ponder, McClendon, Greer, Hausser, Wallace, Shulman, Jenkins, Turner, Tygard, Williams (18); “Noes” Tucker, Hall, Beehan, Campbell, Hart, Stanley, Loring Haddox, Whitmore, Hand, Bogen, Summers, Arriola, Sontany, Alexander, Holloway, Kerstetter (17); “Abstaining” Gilmore, Derryberry (2).


BILL NO. BL2002-1171

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 Planning, Zoning and Historical Committee recommended deferment. Mr. Brown moved to defer the bill for two meetings, for a recommendation from the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1186

An ordinance authorizing the approval of grants requiring Council approval via resolution. The bill was approved by the Budget and Finance Committee. The bill was approved by the Budget and Finance Committee. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1197

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 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1200

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 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1202

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, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1205

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 and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1207

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; the Planning, Zoning and Historical Committee recommended approval. Mr. Waters moved to defer the bill indefinitely, the bill being requested by Franklin Land Associates, which motion was seconded and adopted 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. The bill was approved by the Federal Grants Review Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1209

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. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1210

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). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committee. Mr. Jenkins 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1211

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). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committee. Mr. Jenkins 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1212

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). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committee. Mr. Jenkins 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner,Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1213

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. The bill was approved by the Budget and Finance Committee. Mr. Hart 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1214

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). The bill was approved by the Planning Commission, Education; Parks, Library, Recreation and Auditorium; and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1215

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, Budget and Finance, Public Works, and Planning, Zoning and Historical Committee. Mr. Hall 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1216

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. The bill was approed by the Budget and Finance and Public Works Committees. Mr. Hall 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1217

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, Public Works, and Planning, Zoning and Historical Committees. 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


BILL NO. BL2002-1218

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, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1219

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, Public Works, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1220

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 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1221

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 and Planning, Zoning and Historical Committee. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1224

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 and Planning, Zoning and Historical Committee. Mr. Haddox 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1225

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 and Planning, Zoning and Historical Committee. Mr. Haddox 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, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1228

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 and Planning, Zoning and Historical Committee. Mr. Nollner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).

BILL NO. BL2002-1229

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 and Planning, Zoning and Historical Committee. Mr. Nollner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Tygard, Williams (37); “Noes” (0).


Upon motion duly seconded, the meeting was adjourned.