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Minutes |
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Minutes |
The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman John Summers.
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, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Tygard, and President Gentry (38); Absent: Nollner, Dillard and Hausser (3).
The Minutes of the regular meeting of March 4, 2003 were approved.
– ELECTIONS AND CONFIRMATIONS –
Arts Commission
Reappointment of Ms. Colleen Dowd for a term expiring January 1, 2007. The
Rules-Confirmations-Public Elections Committee recommended the reappointment
and Mr. Greer moved for confirmation, which motion was seconded and adopted
by a unanimous vote of the Council.
Farmer’s
Market Board
Appointment of Mr. Bill Coke for a term expiring May 5, 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.
Work Release Commission
Reappointment of Mr. Wayne Curry for a term expiring January 1, 2007. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Mr. Greer moved for
confirmation, which motion was seconded and adopted by the following vote: "Ayes" Ferrell,
Briley, Dread, Gilmore, Black, Beehan, Campbell, Hart, Balthrop, Brown, Ponder,
Stanley, Loring, McClendon, Greer, Whitmore, Hand, Bogen, Shulman, Arriola,
Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (27); "Noes" Haddox
(1); “Abstaining” Waters, Tucker, Majors, Hall, Wallace, Summers,
Sontany and Alexander (8).
Reappointment of Dr. Doug Morgan for a term expiring January 1, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Reverend Darryl Thompson for a term expiring January 1, 2007. In the absence of the appointee, the Rules-Confirmations-Public Elections Committee recommended deferment of the confirmation. Without objection the confirmation was deferred indefinitely.
Zoning Appeals Board
Appointment of Ms. Lelia Gilchrist for a term expiring February 26, 2008. 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.
- RESOLUTIONS
-
A resolution approving the property at 1840 Linder Industrial Drive to be used for a waste transfer station. The resolution was approved by the Planning, Zoning and Historical Committee. Ms. Hand moved to adopt the resolution, which motion was seconded. Mr. Tygard moved to defer the resolution and refer it to the Public Works and Transportation and Aviation Committees, which motion was seconded. After discussion, Mr. Wallace moved 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, which motion failed by a roll call vote of the Council. After further discussion, Ms. Holloway moved for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt, which motion was adopted by the following vote: "Ayes" Ferrell, Briley, Dread, Tucker, Gilmore, Black, Hall, Beehan, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Wallace, Haddox, Hand, Bogen, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner and Williams (27); "Noes" Majors, Campbell, Greer, Summers, Knoch and Tygard (6); “Abstaining” Waters, Whitmore, Shulman and Arriola (4).
RESOLUTION NO. RS2003-1371
A resolution requesting all citizens of Metropolitan Nashville and Davidson County to meditate or pray one minute at Noon on Fridays beginning March 7, 2003, for peace in Iraq and if war must come that it be just, and for tolling of bells during such time of meditation. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Turner offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2003-1371
A resolution requesting all citizens of Metropolitan Nashville and Davidson County to meditate or pray daily for peace in Iraq, for the well-being of all U.S. servicemen and servicewomen, and if war must come that it be just. Mr. Bogen offered Amendment No. 1 and moved for its adoption, which motion was seconded and failed by a voice vote of the Council. Mr. Turner moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Gilmore, Black, Majors, Hall, Beehan, Campbell, Ponder, Derryberry, McClendon, Shulman, Holloway, Jenkins, Turner and Williams (16); "Noes" Balthrop, Brown, Stanley, Loring, Haddox, Whitmore, Hand, Bogen, Arriola and Tygard (10); “Abstaining” Dread, Tucker, Hart, Wallace, Sontany, and Kerstetter (6).
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of the amendment to be placed on the ballot. (Change in salary of members of council and vice mayor.) Mr. Wallace moved to defer action indefinitely on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution endorsing the Capital Plan for Schools. The resolution was approved by the Budget and Finance and Education Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to ensure that any authorized state lottery program is designed so that from the first year of existence a designated amount of the anticipated lottery revenues will be allocated to provide quality early childhood education for four year old children in poverty. The resolution was approved by the Education Committee. Mr. Bogen moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (35); "Noes" (0); “Abstaining” Hall, Sontany (2).
A resolution requesting the Metropolitan Board of Public Education to prohibit organizations, such as the ACLU, from using public school property for the purpose of promoting and engaging in political activities. The Education Committee recommended deferment of the resolution. Mr. Kerstetter moved to defer action on the resolution, upon the Committee's recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Nashville Electric Service to review its Vegetation Management Program and address issues and concerns of homeowners and private property owners. The resolution was approved by the Public Works Committee. Mr. Stanley moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution requesting President George W. Bush, U.S. Senators Bill Frist and Lamar Alexander, U.S. Representatives Marsha Blackburn and Jim Cooper, Governor Phil Bredesen, the Tennessee General Assembly, and all mayors in the State of Tennessee to immediately install and operate the Amber Alert system within the State of Tennessee. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing Horace Bass of Capital City Mattress, Inc. to install, construct and maintain an awning over the public sidewalk at 900 Main Street (Proposal No. 2003M-019U-05). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution authorizing the employment of special counsel to represent the interests of The Metropolitan Government of Nashville and Davidson County in the pursuit of its legal remedies for the overpayment of Disability Pension Benefits to members of that program who may have underreported their earnings. 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, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution appropriating
the amount of $490,000 from the General Fund Reserve Fund to the Metropolitan
Historical Commission for the Hermitage Replanting
Project. The resolution was approved by the Budget and Finance Committee; the
Planning, Zoning and Historical Committee recommended deferment. Mr. Summers
moved to suspend the rules to override the committee recommendation of deferment,
which motion was seconded and adopted by a voice vote of the Council. Mr. Jenkins
moved to adopt the resolution, which motion was seconded. After discussion,
Mr. Dread moved for the previous question, which motion was seconded and adopted
without objection. The matter recurred on the motion to adopt the resolution,
which motion was adopted by the following vote: "Ayes" Ferrell, Waters,
Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart,
Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace,
Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander,
Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
RESOLUTION NO. RS2003-1381
A resolution accepting residual funds in the amount of $30,000 from the State of Tennessee, Tennessee Commission on Children and Youth and The Metropolitan Government of Nashville and Davidson County for the provision of Juvenile Accountability Incentive Block Grant Program Services. 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, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution approving a third amendment to a grant between the State of Tennessee, Department of Correction to The Metropolitan Government of Nashville and Davidson County, acting through the State Trial Courts for the implementation of a supervision and day reporting center. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution approving an amendment to 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, for use as temporary facilities for the courts at Metro Center. The resolution was approved by the Budget and Finance Committee; the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers moved to suspend the rules to override the committee recommendation of deferment, which motion was seconded and adopted by a voice vote of the Council. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution approving a grant from the Gannett Foundation to The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Public Library Board, to purchase equipment and supplies to provide an Image Reproduction Station. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution approving a grant agreement to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, from the State of Tennessee, Department of Health, in an amount not to exceed $513,700.00 for the provision of HIV/AIDS Prevention and Surveillance. 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, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution approving a contract by and between the Meharry Medical College and The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Health, to conduct certain research as part of the grant for Asthma Disparities in Cohorts at Risk for Morbidity. 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, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution authorizing the Mayor to submit an application for the Governor’s Highway Safety Grant from the State of Tennessee, Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution approving a grant from the Frist Foundation to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Historical Commission for its 2003 internship program. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Summers moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution authorized by Bill No. 2002-1133 for acquisition of additional property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project Numbers 01-SG-91, 01-WG-88, Phase V, and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windermere Drive, by TDOT. Additional parcels are Map 95-10, Parcel 112; Map 84-15, Parcel 53; and Map 95-14, Parcel 109 (Proposal No. 2003M-013U-14). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5980 with the State of Tennessee, Department of Transportation, for reimbursement of engineering and construction inspection provided by Metro Water Services, for State Project No. IM-40-5(118)213, 19008-2178-44, I-40 widening and rehabilitation from I-24 to Donelson Pike, located in Davidson County, Tennessee. (Metro Project Nos. 01-WG-129 and 01-SG-147). Mr. Loring moved to withdraw the resolution so that the legislation can be filed as an ordinance, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the Metropolitan Mayor to enter into Sewer Line Agreement No. 500,445, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to construct and maintain sewer lines in the railroad right-of-way for the Elm Hill Pike to Windermere Drive for the TDOT Briley Parkway widening project, Project No. 01-SG-92. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution authorizing
the Metropolitan Mayor to execute an Infrared Thermography Study grant made
available to The Metropolitan Government of Nashville and
Davidson County by the Tennessee Department of Environment and Conservation.
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, Dread, Tucker,
Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder,
Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand,
Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter,
Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Public Works Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution approving the compromise and settlement of the lawsuit of Thomas R. Roberts against the Metropolitan Government for the amount of one hundred fifteen thousand dollars ($115,000) 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, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Annitra Shelby against The Metropolitan Government of Nashville and Davidson County in the amount of $20,000, and directing that this amount be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to enter into a settlement agreement in conjunction with the Dunlop Tire Corporation, Revere Copper and Brass, Inc. and Neely Coble Inc., acting in conjunction with the Saad Site Steering Committee, to pay $16,000.00 per party to the United States Environmental Protection Agency. 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, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
Without objection the rules were suspended for consideration of one (1) late
resolution.
A resolution declaring “Doctors Day” in Metro Nashville. The resolution
was approved by the Rules-Confirmations-Public Elections Committee. Mr. Dread
moved to adopt the resolution, which motion was seconded and adopted by the
following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore,
Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry,
Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen,
Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch,
Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
Without objection consideration of Bill No. BL2003-1354 occurred
separately from the other first reading items.
An ordinance amending Title 11, Chapter 11.20 of the Metropolitan Code to provide that it shall be unlawful for the Metropolitan Government to discriminate on the basis of sexual orientation in employment practices. Ms. Beehan moved to pass the bill on introduction and first reading and refer it to the Personnel-Public Information-Human Relations-Housing Committees, which motion was seconded. Ms. Tucker filed petitions in opposition to passage of the bill. After discussion, Mr. Waters moved for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Black, Majors, Hall, Beehan, Ponder, Haddox, Bogen, Summers, Shulman, Sontany, Knoch, Turner and Williams (17); "Noes" Tucker, Gilmore, Campbell, Hart, Balthrop, Brown, Derryberry, Stanley, Loring, Whitmore, Arriola, Alexander, Holloway, Kerstetter, Jenkins and Tygard (16); “Abstaining” McClendon, Greer, Wallace (3).
Mr. Waters moved to conduct separate votes on each bill on introduction and first reading, which motion was subsequently withdrawn.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 district to CS district property at 6120 Robertson Avenue, approximately 500 feet west of Vernon Street, (.30 acres), all of which is more particularly described herein (Proposal No. 2002Z-109U-07). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to R20 district property at 2995 Ned Shelton Road, approximately 1,500 feet north of Smith Springs Road, (2.03 acres), all of which is more particularly described herein (Proposal No. 2003Z?027U?13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL district to CS district properties at 1315 and 1325 Vultee Boulevard and Briley Parkway (unnumbered), at the intersection of Vultee Boulevard and Briley Parkway, (1.57 acres), all of which is more particularly described herein (Proposal No. 2003Z-029U-13). ). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS10 district properties at 4455 and 4459 Lavergne-Couchville Pike, abutting the eastern margin of Lavergne-Couchville Pike, (7.32 acres), all of which is more particularly described herein (Proposal No. 2003Z-043G-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and the Planning, Zoning, and Historical Committee by a voice vote of the Council.
An ordinance authorizing John Combs and Cliff's Cabinet Company, to maintain an existing building encroachment into Alley #187, for the property located at 1301 Pillow Street (Proposal No. 2003M-081U-11). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Director of the Metropolitan Department of Water and Sewerage Services to enter into a CAD Limitation of Liability Agreement with the Tennessee Department of Transportation and to allow the Director to enter into CAD Limitation of Liability Agreements with other agencies. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a 10-foot by 30-foot (300 square feet) section of Lena Street fronting Map 92-6, Parcel 531 (Proposal No. 2003M-022U-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 amending Section 7.08.140 of the Metropolitan Code by prohibiting certain conduct by beer permit holders including prohibiting the sale of single can or bottle of beer by off-sale permit holders. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
An ordinance making applicable to Metropolitan Government the provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated to require local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.
An ordinance approving an Agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County, Department of Water and Sewerage Services, for the Mill Creek Wastershed Feasibility Study in Davidson County, Tennessee and authorizing all necessary officials to execute the same. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
- BILLS
ON SECOND READING -
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 disapproved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley #98 between Division Street North and Alley #196 (Proposal No. 2002M-131U-09). The bill was approved by the Planning Commission, Public Works, Planning, Zoning and Historical Committees. The bill was disapproved by the Traffic and Parking Commission; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming portions of McCrory Creek Road to “Pulley Road” and portions to be named “Faircloth Lane”, all of which is more particularly described herein. The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Derryberry moved to pass the bill on second reading and re-refer to the Public Works Committee which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving and authorizing the Metropolitan Mayor to execute a license agreement with SESAC, Inc., relating to the use of musical compositions in the SESAC repertory at Metropolitan Government facilities. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving and authorizing the Metropolitan Mayor to execute a license agreement with Broadcast Music, Inc. (“BMI”), relating to the use of musical compositions in the BMI repertory at Metropolitan Government facilities. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Police Department of The Metropolitan Government of Nashville and Davidson County to accept the donation of a Tennessee Walking Horse. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Balthrop moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a corrected deed conveying certain real property interests to the Nashville & Eastern Railroad Authority in connection with construction of the Gateway Boulevard project (Proposal No. 2003M-020U-09). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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 East Campbell Road right-of-way from the southwest tip of Map 43-01, Parcel 311 east to the CSX railroad tracks (Proposal No. 2003M-009G-04). The bill was approved by the Planning Commission, Traffic and Parking Commission and Planning, Zoning and Historical Committee. The Public Works and Traffic and Parking Committees recommended deferment. In the absence of the sponsor and upon Committees’ recommendation, the bill was deferred without objection.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Willow Brook Drive from Thompson Lane southward to its terminus and to close a 940-foot portion of Thompson Lane right-of-way off of the eastbound lane between Map 119-11, Parcel 163 and Map 119-11, Parcel 172, as part of the Willowbrook Market Place PUD (Proposal No. 2003M-017U-11). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Sontany moved to pass the bill on second reading and re-refer it to the Public Works Committee, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2003-1345
An ordinance to amend the Official Street and Alley Acceptance and Maintenance
Map for The Metropolitan Government of Nashville and Davidson County, by
renaming a portion of “Spring Branch Drive” to “Harbor
Village Drive” at Map 34-7-A from Twin Hills Drive to its terminus
at the Harbor Village development (Proposal No. 2003M-014G-04). The bill
was approved by the Planning Commission, ECD Board, Public Works, Traffic
and Parking and Planning, Zoning and Historical Committees. Ms. Balthrop
moved to pass the bill on second reading, which motion was seconded and adopted
by a voice vote of the Council.
An ordinance amending Section 3.08.010 of the Metropolitan Code of Laws to include correctional officers employed by the Davidson County Sheriff’s Department and special police employed by the Department of Parks and Recreation in the pension plan for members with fire and police credited service. The bill was approved by the Budget and Finance, Personnel-Public Information-Human Relations-Housing; Parks, Library, Recreation and Auditorium; and Public Safety-Beer, Wine and Whiskey Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Thomas L. Cunningham for the construction of Project No. 01-WG-67, 12-inch water main in Campbell Road from Brick Church Pike to the existing pressure reducing valve near Old Dickerson Road, and execute the necessary documents. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Balthrop moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving an affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Fire Department, Division of Emergency Medical Services (EMS), and Volunteer State Community College, permitting students from Volunteer State Community College to participate in a clinical experience with EMS. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Balthrop moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a facility use agreement by and between The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Social Services Commission and the Salvation Army for housing of a childcare center (Proposal No. 2003M-021U-05). The bill was approved by the Planning Commission, Budget and Finance and Health, Hospitals and Social Services Committees; the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers requested a suspension of the rules to override the committee recommendation for deferment, which motion was seconded and adopted without objection. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Woodbine Community Organization for the construction of Project No. 02-SG-154, 200 L.F. of 6-inch public sewer main at the rear of Parcels 314, 315, 316, and 317 of Map 119. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council, with Mr. Greer abstaining.
An ordinance amending Section 7.08.150 of the Metropolitan Code of Laws to enable a beer permit holder, who has appealed a decision of the beer board revoking the permit for the unlawful sale of beer to a minor, to continue to sell beer during such appellate process upon posting a $25,000 bond. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the bill. Mr. Dread moved to defer action on the bill, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 7.08.090 of the Metropolitan Code of Laws to exempt restaurants that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages for on-premises consumption from the minimum distance requirements for the issuance of beer permits. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the bill. Mr. Dread moved to defer action on the bill, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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 Amqui Road from the west property line of Map 43-05, Parcel
006 to its terminus at the CSX railroad tracks (Proposal No. 2003M-008G-04).
The bill was approved by the Planning Commission and Traffic and Parking Commission.
The Public Works, Traffic and Parking and Planning, Zoning and Historical Committees
recommended deferment of the bill. Mr. Briley moved to defer action on the
bill, upon the Committees’ recommendation, which motion was seconded
and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
President Pro Tem Ponder assumed the chair at this time.
SUBSTITUTE BILL NO. BL2002-1021
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.28.040 Floodplain/floodway development standards by providing new restrictions on development in floodplains and floodways, all of which is more particularly described herein (Proposal No. 2002Z-019T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers offered Amendment No. 1 and moved for its adoption, which motion was seconded. After discussion, Mr. Bogen moved for the previous question, which motion was seconded and adopted without objection. The matter recurred on the motion to amend, which motion was adopted by a voice vote of the Council. Mr. Summers moved to pass the bill on third reading as amended, which motion was seconded. Ms. Williams moved to defer the bill on third reading, which motion was seconded. Mr. Bogen moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. After further discussion, Ms. Tucker moved for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass on third reading, which motion was adopted by the following vote: "Ayes" Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Balthrop, Brown, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Hand, Bogen, Summers, Arriola, Sontany, Kerstetter, Jenkins, Turner and Tygard (25); "Noes" Holloway (1); “Abstaining” Ferrell, Waters, Dread, Beehan, Shulman and Williams (6).
President Gentry resumed the chair.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley #258 from South 4th Street to South 5th Street, as requested by St. Ann's Episcopal Church, applicant, for Nashville Baptist Association, abutting property owner (Proposal No. 2002M-120U-05). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Ms. Beehan moved to defer action on the bill to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Alley #1534 from Westboro Drive to the alley's western terminus (Proposal No. 2002M-130U-07). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Hand moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 district to RS7.5 district property at 5206 Park Avenue, approximately 100 feet east of 53rd Avenue North (0.19 acres), all of which is more particularly described herein (Proposal No. 2003Z-010U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. A letter was filed in favor of passage of the bill. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, relative to notification of a radio/TV/satellite/ cellular/personal communications tower application submittal, all of which is more particularly described herein (2003Z-001T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
BILL NO. BL2003-1315
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning
Ordinance of The Metropolitan Government of Nashville and Davidson County,
by changing from OR20 district to CL district property at 2404 Brick Church
Pike, approximately 110 feet south of Avondale Circle, (0.56 acres), all of
which is more particularly described herein (Proposal No. 2002Z-121U-03). The
bill was approved by the Planning Commission and Planning, Zoning and Historical
Committee. Mr. Black moved to pass the bill on third reading, which motion
was seconded and adopted by the following vote: "Ayes" Ferrell, Waters,
Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart,
Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace,
Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander,
Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN district to MUN district property at 945 28th Avenue North, abutting the western margin of 28th Avenue North, (0.17 acres), all of which is more particularly described herein (Proposal No. 2002Z-126U-08). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment of the bill. Mr. Summers moved that the action of the Council on this bill serve as a report of the Committee of the Whole, which motion was seconded and adopted without objection. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 district to R20 district property at 1920 A Woodmont Boulevard at the intersection of Woodmont Boulevard and Hopkins Street, (1.03 acres), all of which is more particularly described herein (Proposal No. 2002Z-128U-10). The Planning, Zoning and Historical Committee recommended deferment of the bill. Mr. Shulman moved to defer action on the bill for a Planning Commission recommendation, the bill being requested by Littlejohn Engineering 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 amending a portion of the existing Commercial Planned Unit Development District located abutting the south margin of I-40, east of Old Hickory Boulevard, classified within the CL district, (17.93 acres), to redesign a portion of the parking area, resulting in the loss of 32 parking spaces, and to add a new cul-de-sac at the existing terminus of Hermitage Park Lane to provide a new driveway connection to the parking area of the existing office building, all of which is more particularly described herein (Proposal No. 210-73-G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the Commercial Planned Unit Development District located abutting the western margin of Murfreesboro Pike, 330 feet north of Glengarry Drive, classified MUL district, (1.81 acres), approved for an 8,773 square foot restaurant and parking lot, all of which is more particularly described herein, (Proposal No. 8-74-U-11). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 district to OL district property at Southgate Avenue (unnumbered), at the northern terminus of Stewart Place, (1.69 acres), all of which is more particularly described herein (Proposal No. 2002Z-125U-11). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Greer moved that the action of the Council on this bill served as a report of the Committee of the Whole, which motion was seconded and adopted without objection. Mr. Greer moved to pass the bill on third reading, which motion was seconded and failed by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Gilmore, Black, Majors, Hall, Beehan, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Whitmore, Hand, Shulman, Arriola, Sontany, Holloway, Jenkins, Williams and Tygard (25); "Noes" (0); “Abstaining” Tucker, Derryberry, Wallace, Bogen and Summers (5).
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 1201 5th Avenue North, and 504 and 506 Madison Street, at the intersection of Madison Street and 5th Avenue North, (0.52 acres), all of which is more particularly described herein (Proposal No. 2003Z-001U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 district to RM9 district a portion of property at 3021 Lebanon Pike, abutting the southern margin of Lebanon Pike, (5 acres), all of which is more particularly described herein (Proposal No. 2003Z-013U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Stanley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD district to CS district property at 100 Powell Place, abutting the southern side of Powell Place, (2.18 acres), all of which is more particularly described herein (Proposal No. 2003Z-031U-11). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR district to MUL district properties at 810 17th Avenue North and 17th Avenue North (unnumbered), at the intersection of Fisk Street and 17th Avenue North, (3.44 acres), all of which is more particularly described herein (Proposal No. 2003Z-006U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10, RM4 and RM6 district property at Culbertson Road (unnumbered), abutting the northern margin of Culbertson Road, (94.6 acres), all of which is more particularly described herein (Proposal No. 2003Z-007G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Jenkins moved to defer action on the bill, the bill being requested by Anderson-Delk and 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 amending the Planned Unit Development District located abutting the north margin of Newsom Station Road, south of the Harpeth River, classified RS15, (150.71 acres), to add seven additional single-family lots to Phases 2C and 3, all of which is more particularly described herein, (Proposal No. 2000P-003G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. A letter was filed for the record on the proposal. Mr. Bogen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the existing Residential Planned Unit Development District located abutting the west margin of Old Hickory Boulevard, north of Highway 70, classified R15, RS20 and OL, (4.49 acres), to permit the addition of 4.49 acres to the existing Planned Unit Development for the creation of seven new single-family lots, all of which is more particularly described herein, (Proposal No. 62-87-P-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, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN district to CS district property at 2700 Couchville Pike at the intersection of Couchville Pike and Pleasant Hill Road, (0.85 acres), requested by Russell Eaton et ux, owner, all of which is more particularly described herein (Proposal No. 2003Z-005U-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Derryberry moved to defer action indefinitely on the bill, the bill being requested by Russell Eaton, etux, 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 R6 district to RS3.75 district properties at 224, 226 and 228 Orlando Avenue, abutting the eastern margin of Orlando Avenue, (2.63 acres), all of which is more particularly described herein (Proposal No. 2003Z?017U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property located at 224, 226 and 228 Orlando Avenue, abutting the east margin of Orlando Avenue, classified R6 and proposed for RS3.75, (2.63 acres), the provisions of a Planned Unit Development District, to permit the development of 14 single-family lots, (Proposal No. 2003P-004U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Summers moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN and AR2a districts to CL district property at Old Hickory Boulevard (unnumbered), at the intersection of Old Hickory Boulevard and Ashland City Highway, (5.68 acres), all of which is more particularly described herein (Proposal No. 2003Z-024G-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Neighborhood Landmark Overlay district to property at 3420 Belmont Boulevard, at the intersection of Belmont Boulevard and Woodmont Boulevard, classified R10, (1.04 acres), all of which is more particularly described herein (Proposal No. 2003Z-025U-10). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Greer moved to defer action on the bill, the bill being requested by Alan J. McCracken, etux, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2003-1334
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 CS district on portions of properties at 3837 Clarksville Pike and 3848 and 3854 Abernathy Road, at the intersection of Clarksville Pike and Abernathy Road, (5.81 acres), all of which is more particularly described herein (Proposal No. 2003Z-011U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Black moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
An ordinance readopting
the Code of The Metropolitan Government of Nashville and Davidson County,
Tennessee, prepared by Matthew Bender & Company, Inc.,
including supplemental and replacement pages thereof, containing certain ordinances
of a general and permanent nature enacted on or before November 19, 2002. The
bill was approved by the Rules-Confirmations-Public Elections Committee. Mr.
Greer moved to pass the bill on third reading, which motion was seconded and
adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Dread,
Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown,
Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Wallace, Haddox, Whitmore,
Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter,
Knoch, Jenkins, Turner, Williams and Tygard (37); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.