 |
Minutes |
|
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 Dr. Hank Staggs of Goodpasture Middle School.
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: Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Tygard, and President Gentry (37); Absent: Ferrell, Beehan, Hand and Alexander (4).
The Minutes of the regular meeting of April 1, 2003 were approved.
- ACCEPTANCE OF RESIGNATION -
April 9, 2003
Vice Mayor Howard Gentry
102 Metro Courthouse
Nashville, Tennessee 37201
Dear Vice Mayor Gentry:
My husband John and I have recently purchased a new home and are currently in the process of moving. Since our new residence is not in the current 26th District, I will be resigning my seat on the Metropolitan Council effective Thursday, May 1, 2003.
I have enjoyed working with you and every member of the Council. Please feel free to call me as the need arises.
Sincerely,
/s/ Michelle Arriola
Mr. Waters moved to accept the resignation of Councilmember Arriola with regret,
which motion was seconded and adopted by a unanimous vote of the Council.
– ELECTIONS AND CONFIRMATIONS –
Metropolitan Action Commission
Appointment of Ms. Barbara Clinton to the Metropolitan Action Commission for
a term expiring February 2, 2006. The Rules-Confirmations-Public Elections
Committee recommended the appointment and Mr. Greer moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Ms. Vera Williams Davis to the Metropolitan Action Commission for a term expiring February 2, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Ms. Darleen H. McClung to the Metropolitan Action Commission for a term expiring February 2, 2005. 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.
Metropolitan Nashville Arts Commission
Appointment of Ms. Judy Liff Barker to the Metropolitan Nashville Arts Commission
for a term expiring January 1, 2005. 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.
Beer Permit Board
Appointment of Mr. Gordon E. Larkins, Jr. to the Beer Permit Board for a term
expiring October 31, 2003. The Rules-Confirmations-Public Elections Committee
recommended the appointment and Mr. Greer moved for confirmation, which motion
was seconded and adopted by the following vote: "Ayes" Waters,
Briley, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Balthrop,
Brown, Ponder, Stanley, Loring, McClendon, Greer, Whitmore, Shulman, Sontany,
Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams and Tygard (26); "Noes" (0).
Civil Service Commission
Reappointment of Mr. William Farmer to the Civil Service Commission for a term
expiring March 31, 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.
Emergency Communications District Board
Reappointment of Ms. Cleo S. Duckworth to the Emergency Communications District
Board for a term expiring February 14, 2007. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Greer moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. William H. Johnson to the Emergency Communications District
Board for a term expiring February 14, 2007. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Greer moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Eliud Trevino to the Emergency Communications District Board for a term expiring February 14, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Board of Plumbing Examiners and Appeals
Reappointment of Mr. Martin R. Vasquez-Reyes to the Board of Plumbing Examiners
and Appeals for a term expiring March 10, 2007. The Rules-Confirmations-Public
Elections Committee recommended the appointment and Mr. Greer moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Vegetation Control Board
Reappointment of Mr. George Cate, Jr. to the Vegetation Control Board for a
term expiring March 1, 2007. The Rules-Confirmations-Public Elections Committee
recommended the appointment and Mr. Greer moved for confirmation, which motion
was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Hollis Malone to the Vegetation Control Board for a term expiring March 1, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- RESOLUTIONS
-
RESOLUTION NO. RS2003-1414
A resolution requesting the Metropolitan Department of Codes Administration to enforce the Metropolitan Code provisions prohibiting the placement of signs within the public right-of way. Mr. Dread offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2003-1414
A resolution requesting the Department of Codes Administration, the Department of Public Works, the Metro Beautification and Environment Commission, Nashville Electric Service, and the Tennessee Department of Transportation to enforce the Metropolitan Code provisions prohibiting the placement of signs within the public right-of way and to remove all illegally placed signs within the public right-of-way. The substitute resolution was not approved by the Codes, Fair and Farmers Market Committee. Mr. Dread moved to defer action on the resolution and re-refer to the Codes, Fair and Farmers Market Committee, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Blue Ribbon Committee, appointed to study the compensation of Metropolitan Government elected officials, to recommend increasing the compensation of members of council as part of the general pay plan to adequately reflect the present day value of the original compensation for members of council that was provided in the Metropolitan Charter in 1963. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution amending Resolution No. 2001-639 the general pay plan for employees of The Metropolitan Government of Nashville and Davidson County; Resolution No. 2001-640 the pay plan for employees of the Metropolitan Departments of Fire and Police; and Resolution No. 2001-641 the pay plan for employees of the Board of Health, by providing for partial pay for employees called to active military duty as a result of the events of September 11, 2001 and for operations Enduring Freedom, Joint Endeavor, Noble Eagle, and any subsequent operations ordered by the President of the United States. 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution appropriating $325,000 in Community Development Block Grant funds for community recreational improvements at Murrell School and the acquisition of streetscape improvements in the Edgehill Neighborhood Strategy Area. The Federal Grants Review Committee approved the resolution with an amendment. Mr. Greer moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Nashville Arts Commission and the Department of Finance to report to the Metropolitan Council regarding the use of general obligation bond proceeds to fund public art projects as provided in Title 5, Chapter 10 of the Metropolitan Code of Laws. The resolution was approved by the Budget and Finance Committee. Mr. Bogen moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
RESOLUTION NO. RS2003-1419
A resolution approving an interlocal agreement between The Metropolitan Government
of Nashville and Davidson County and the State of Tennessee for the lease
of 30 parking spaces near the Ben West library. The resolution was approved
by the Budget and Finance and Traffic and Parking Committees. Mr. Brown moved
to adopt the resolution, which motion was seconded. After discussion, Mr.
Hall 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 adopt
the resolution, which motion was adopted by the following vote: "Ayes" Waters,
Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart,
Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon,
Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola,
Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard
(36); "Noes" (0).
A resolution approving a fourth amendment to a grant from the Tennessee Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Health for an array of services including health promotion services and West Nile Virus research. 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution approving an EPA Grant 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 planning, developing, establishing, improving and implementing national primary and secondary air quality standards. 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
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, acting by and through the Nashville Career Advancement Center, to provide for reimbursement of expenses associated with occupancy of Department of Labor and Workforce staff in the Career 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
RESOLUTION NO. RS2003-1423
A resolution approving the first amendment to an agreement between the Metropolitan
Department of Water and Sewerage Services and Tritel Communications, Inc.,
d/b/a as AT&T Wireless relating to the installation of telecommunications
equipment. 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" Waters,
Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart,
Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon,
Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola,
Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard
(36); "Noes" (0).
A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5973 with the State of Tennessee, Department of Transportation, for Distribution and Collection System Relocations, said construction being necessary as part of State Project No. BRZE-1900(19), 19110-2503-94, Brick Church bridge over bridge (LM 2.51) and Metro Project No. 02-WG-109, and ratifying an agreement with the Treasury Department of the State of Tennessee. 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution approving the compromise and settlement of the lawsuit of Lucretia S. Gardner against the Metropolitan Government in the amount of twenty thousand sixty-nine dollars and eighty-nine cents ($20,069.89), 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution approving the compromise and settlement of the lawsuit of Michael Saunders, et al against the Metropolitan Government for the amount of fifty-five thousand dollars ($55,000.00) 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the lawsuit of Alvin and Ernestine Hawkins against the Metropolitan Government for $22,500.00 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Faye Wolford against the Metropolitan Government for $15,606.00 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
A resolution authorizing D&S Mechanical & Sheet Metal Contractors, Inc. to install, construct and maintain communication cable on existing Nashville Electric Service (NES) poles, per NES specifications, between 2311 Kline Avenue and 2312 Kline Avenue (Proposal No. 2003M-027U-11). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
Without objection the rules were suspended for consideration of one (1) late
resolution.
A resolution recognizing
Cathy M. Rediker for her involvement with TALS – Legal
Professionals of Tennessee. The resolution was approved by the Rules-Confirmations-Public
Elections Committee. Mr. Waters moved to adopt the resolution, which motion
was seconded and adopted by the following vote: "Ayes" Waters, Briley,
Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard,
Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser,
Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway,
Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending the Metropolitan Code of Laws to provide for reimbursement of overpayment made by customers for water and sewer services. 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 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). 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 abandon and accept a relocated 6” Water Line and Easement on Map 93-04, Parcel 082.00 of Project No. 02-WL-162, M.D.H.A. Water Line Abandonment and Relocation, (Proposal No. 2003M-024U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance abandoning a portion of an 8” Sanitary Sewer and Easement located on Map 82-12, Parcel 012.00 of Project No. 03-SG-026, Meigs Magnet School, (Proposal No. 2003M-025U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance abandoning a portion of a 10” Sanitary Sewer and Easement located on Map 81-12, Parcel 300.00 of Project No. 02-SL-175, Buena Vista Elementary School Addition, as manhole will be installed over the exiting 10” sewer line to establish separation of public and private lines (Proposal No. 2003M-023U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of McCrory Creek Road, north from Couchville Pike to Pulley Road, to "Pulley Road” (Proposal No. 2003M-026U-13). The bill was approved by the Planning Commission and ECD Board. 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.
- BILLS
ON SECOND READING -
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 for additional information-gathering, which motion was seconded and adopted 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. The Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees recommended deferment of the bill. Mr. Waters moved to defer action on the bill, which motion was seconded and adopted 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. The bill was approved by the Public Works Committee. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 12.42 Permit Parking Programs of the Metropolitan Code to provide that university area individual residential lots shall be eligible for residential permit parking. The bill was approved by the Budget and Finance Committee; the Traffic and Parking Committee recommended deferment. Mr. Wallace 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 Chapter 12.42 Permit Parking Programs of the Metropolitan Code by creating a university area individual residential lot permit parking program and providing for the charge of permit fees. The bill was approved by the Budget and Finance Committee; the Traffic and Parking Committee recommended deferment. Mr. Wallace 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 approving a release of an access restriction limiting access to and from Demonbreun Street to a portion of the property located at 1610 Division Street (Map and Parcel No. 92-16-232). The bill was approved by the 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.
An ordinance approving a lease agreement between the State of Tennessee and The Metropolitan Government for use of portions of the facilities located on the campus of the Tennessee Preparatory School (Proposal No. 2003M-041U-11). The bill was approved by the Planning Commission, Budget and Finance, Education, and Planning, Zoning and Historical Committees. Ms. Tucker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2003-1391
An ordinance approving a lease agreement between J. D. Eatherly Properties
and The Metropolitan Government of Nashville and Davidson County, acting through
the Nashville Career Advancement Center, for certain real property located
at 1121 12th Avenue South, Nashville, Tennessee (Proposal No. 2003M-042U-10).
The bill was approved by the Personnel-Public Information-Human Relations-Housing
and Planning, Zoning and Historical Committees. Mr. Briley offered Amendment
No. 1 and moved for its adoption, which motion was seconded and adopted by
a voice vote of the Council. Mr. Jenkins moved to pass the bill on second reading
as amended, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
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, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "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; the Planning, Zoning and Historical Committee recommended approval. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (34); "Noes" (0); “Abstaining” Greer (1).
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, et ux, 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, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Nollner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
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 bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Dread moved to defer action 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 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, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Nollner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
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). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace requested a suspension of the rules for an amendment on third reading, and no objection was heard. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
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. The bill was approved 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" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a 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, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Waters, Briley, Dread, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (36); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.