Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, June 5, 2001




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

The invocation was offered by Councilmember Ron Turner.

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, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver, and President Steine (40); Absent: Knoch (1).

The Minutes of the regular meeting of May 15, 2001 were approved.


- ELECTIONS AND CONFIRMATIONS -

Convention Center Commission
Reappointment of Mr. Robert P. Thomas to the Convention Center Commission for a term expiring June 7, 2004. In the absence of the appointee, the confirmation was deferred without objection.

Board of Equalization
Appointment of Mr. Jim Clapper to the Board of Equalization for a term expiring April 1, 2002. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Board of Fair Commissioners
Appointment of Mr. Pat Emery to the Board of Fair Commissioners for a term expiring April 6, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Farmers Market Board
Reappointment of Mr. Christopher Hannon to the Farmers Market Board for a term expiring May 5, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Historic Zoning Commission
Reappointment of Mr. Allen DeCuyper to the Historic Zoning Commission for a term expiring June 1, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. David Ewing to the Historic Zoning Commission for a term expiring June 1, 2002. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Human Relations Commission
Reappointment of Rabbi Randall Falk to the Human Relations Commission for a term expiring April 18, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Lucinda Smith to the Human Relations Commission for a term expiring April 18, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Board of Zoning Appeals
Appointment of Mr. Thomas P. Kanaday, Jr. to the Board of Zoning Appeals for a term expiring February 26, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Mr. Ferrell moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.


- BILL ON PUBLIC HEARING -

BILL NO. BL2001-705

An ordinance adopting the Capital Improvements Budget and Program 2001-2002 through 2006-2007 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2001-2002. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Gentry requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Gentry moved to pass the bill on second reading and re-refer the bill to the Budget and Finance and Planning, Zoning, and Historical Committees, which motion was seconded and adopted by a voice vote of the Council.


Mr. Ferrell moved that at the time of adjournment the Council adjourn to Tuesday, June 12, 2001, at 7:00 p.m. for the purpose of considering the adoption of Ordinance No. BL2001-705 on third and final reading together with such other matters appearing on tonight's agenda at the discretion of the Vice Mayor, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS-

RESOLUTION NO. RS2001-615

A resolution requesting the Metropolitan Police Department to enforce ordinances and laws prohibiting jaywalking in the area of the Metropolitan Government by increasing awareness and issuing verbal warning and/or citations. The resolution was approved by the Public Safety Committee with an amendment. Mr. Hall offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hall moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Gentry, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Hand, Bogen, Shulman, Sontany, Alexander, Turner, Williams, Lineweaver (24); "Noes" Greer, Haddox, Whitmore, Arriola, Holloway, Kerstetter, Jenkins (7); "Abstaining" Nollner, Dillard, McClendon, Wallace (4).

RESOLUTION NO. RS2001-629

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact necessary legislation to enable the Metropolitan Government to rebate up to $500.00 of property taxes to homeowners who install more energy efficient HVAC systems. The Budget and Finance Committee recommended deferment of the resolution. Mr. Hart moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2001-630

A resolution authorizing the deferral of real property taxes for qualified, elderly or disabled residents of Metropolitan Nashville and Davidson County pursuant to Tennessee Code Annotated 7-64-101 et seq. The resolution was approved by the Budget and Finance Committee. Mr. Gentry moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

RESOLUTION NO. RS2001-631

A resolution calling the Metropolitan Board of Equalization in special session beginning June 23, 2001, until the Board has heard appeals on pro-rated assessments and completed unfinished business from their regular session. The resolution was approved by the Budget and Finance Committee. Mr. Gentry moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

RESOLUTION NO. RS2001-632

A resolution approving the plan for the reappraisal and equalization of assessments in Davidson County as submitted by the Metropolitan Assessor of Property, and approving receipt of state funds for sharable local costs. The resolution was approved by the Budget and Finance Committee. Mr. Gentry moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

RESOLUTION NO. RS2001-633

A resolution appropriating to certain accounts for the benefit of the Arena, Planning Commission, Medical Examiner, Justice Information Systems, County Clerk, Information Systems, Metro Action Commission, Register of Deeds, Law, Historical Commission, Finance, Elections Commissions, Public Works, Parks, Administration, and Juvenile Court departments the amount of nine million one hundred twenty three thousand and one hundred and seventy six dollars ($9,123,176) from designated fund balances and undesignated fund balances of the general fund of the General Services District, and increased revenue sources. The resolution was approved by the Budget and Finance Committee. Mr. Gentry moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

RESOLUTION NO. RS2001-634

A resolution approving an amendment to the grant from the United States Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Board of Health, for the Air Pollution Control 105 Program, decreasing the amount of said grant from $740,573.00 to $572,663.00. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Gentry moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

RESOLUTION NO. RS2001-635

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Renika Montgomery, Quanita Hayes, Shanielle Black, and Elyse Young against the Metropolitan Government for $9,950.00 plus court costs. The resolution was approved by the Budget and Finance Committee. Mr. Gentry moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

RESOLUTION NO. RS2001-636

A resolution authorizing the Metropolitan Department of Law to compromise and settle the lawsuit of Lori Murphy b/n/f Brandi Murphy against The Metropolitan Government of Nashville and Davidson County in the amount of $70,000.00, 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. Gentry moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

Without objection the rules were suspended for consideration of two (2) late resolutions.

RESOLUTION NO. RS2001-637

A resolution establishing the certified tax rate in the General Services District, and declaring the amount of the certified rate for the Urban Services District, pursuant to the provision of Tennessee Code Annotated, 67-5-1701, et seq. The Budget and Finance Committee recommended deferment of the resolution. Mr. Gentry moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2001-638

A resolution honoring Marilyn S. Swing for her receiving the 2001 International Institute of Municipal Clerks Quill Award. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted without objection. Mr. Ferrell moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

At this time the regular order of business was resumed.


- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2001-707

A bill to be entitled: The budget ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for the Fiscal Year 2001 - 2002. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2001-708

An ordinance establishing the tax levy in the General Services District for the Fiscal Year 2001- 2002, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to Section 6.07 of the Metropolitan Charter. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2001-709

An ordinance amending Section 5.32.030 and Section 5.32.110 of the Metropolitan Code by increasing the commercial vehicle regulatory license and motor vehicle regulatory license fees. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2001-710

An ordinance amending Article II of Chapter 2.04 of the Metropolitan Code relating to Standards for Ethical Conduct by requiring annual disclosures by members of council of the receipt of certain benefits and gifts. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2001-711

An ordinance amending Section 2.44.110 to allow police officers who become disabled to receive the gift of a gun and badge from the police department. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.

BILL NO. BL2001-712

An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Parcel 378, Tax Map 82-3; 1112 Lischey Avenue). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2001-713

An ordinance authorizing the Metropolitan Mayor to execute an agreement with the Nashville Electric Service for the Department of Water and Sewerage Services to lease electrical power facilities at the Central Wastewater Treatment Plant Complex. 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.

BILL NO. BL2001-714

An ordinance authorizing the Police Department of The Metropolitan Government of Nashville and Davidson County to accept the donation of an NEC-EWS 4800-260 Fingerprint Station from the Office of the Sheriff of Dougherty County, Georgia. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.

BILL NO. BL2001-715

An ordinance approving the disposition of certain property owned by The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with the terms and conditions of the attached Memorandum of Understanding between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Development and Housing Agency (232 3rd Avenue North, Tax Map 93-2-3, Parcel 155). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2001-716

An ordinance authorizing the Metropolitan Mayor to execute an agreement with W. L. Hailey, Inc., accepting a 48" sewer relocation at 4th and Chestnut and a five (5) year maintenance of the Mill Creek Trunk Sewer in exchange for a release of obligation to correct the deficient gradient on the Mill Creek Trunk Sewer. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees.

BILL NO. BL2001-717

An ordinance authorizing the Metropolitan Government to enter into a contract for exchange of easements with BellSouth Telecommunications, Inc. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, and Historical Committees by a voice vote of the Council.

BILL NO. BL2001-718

An ordinance authorizing the acceptance of Contract No. 2000459 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 2604, Metro Traffic Operations Center (TOC)-ATIS Phase 2. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Traffic and Parking, and Public Works Committees by a voice vote of the Council.

BILL NO. BL2001-719

An ordinance authorizing the acceptance of Contract No. 2000512 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 2663, Signal Intersection Upgrade. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Traffic and Parking, and Public Works Committees by a voice vote of the Council.

BILL NO. BL2001-720

An ordinance authorizing the acceptance of Contract No. 2001212 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3059, ITS System Manager for the Metro Traffic Operations Center. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Traffic and Parking, and Public Works Committees by a voice vote of the Council.

BILL NO. BL2001-721

An ordinance authorizing the acceptance of Contract No. 2001226 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3070, AITS-Traveler Information System, ITS Communication and CCTBV. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Traffic and Parking, and Public Works Committees by a voice vote of the Council.

BILL NO. BL2001-722

An ordinance to accept grant funds in the amount of $150,000 from the United States Department of Treasury to the Metropolitan Police Department of Nashville and Davidson County under the G.R.E.A.T cooperative agreement. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.

BILL NO. BL2001-723

An ordinance amending Section 12.40.040 of the Metropolitan Code by permitting parking within the Central Business Improvement District during certain evenings in some spaces where parking is now prohibited. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Committee by a voice vote of the Council.

BILL NO. BL2001-724

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 Indiana Avenue (Proposal No. 2001M-026U-08), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2001-725

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing the remaining portion of Alley No. 111 from 9th Avenue to its terminus; and to close the remaining portion of Alley No. 110 beginning at Alley No. 111 and terminating at parcel 180 on tax map 93-5 (Proposal No. 2001M-022U-09), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2001-726

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 269, (Proposal No. 2001M-008U-09), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2001-727

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 to MUL District property at 1004, 1006, 1010, 1012, and 1014 9th Avenue North, and 9th Avenue North (unnumbered), by changing from IR to MUL district property at 1001, 1007, 1009, and 1011 8th Avenue North, by changing from CS to MUL district property at 1000 and 1002 9th Avenue North, and by changing from OR20 to MUL district property at 1016 9th Avenue North (1.93 acres), (Proposal No. 2001Z-056U-09), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-728

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 1083 Barnes Road and Barnes Road (unnumbered), approximately 6,800 feet east of Nolensville Pike (44.61 acres), (Proposal No. 2001Z-043G-12), all of which is more particularly described herein. Mr. Gentry offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2001-728

A substitute 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 1083 Barnes Road and Barnes Road (unnumbered), approximately 6,800 feet east of Nolensville Pike (44.61 acres), (Proposal No. 2001Z-043G-12), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the substitute bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-729

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 MUL District properties at 1002, 1004 and 1006 28th Avenue North, and 2712 Albion Street, approximately 90 feet south of Alameda Street (.51 acres), (Proposal No. 2001Z-019U-08), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-730

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 RM4 District to CL District property at 601 Old Hickory Boulevard, opposite Tolbert Road (0.59 acres), (Proposal No. 2001Z-046G-06), all of which is more particularly described herein. Mr. Bogen offered a substitute bill and moved that it be accepted for filing and no objection was made.


SUBSTITUTE BILL NO. BL2001-730

A substitute 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 RM4 District to CL District property at 601 Old Hickory Boulevard, opposite Tolbert Road (0.59 acres), (Proposal No. 2001Z-046G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the substitute bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2001-731

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 Residential Planned Unit Development District located abutting the west margin of Old Hickory Boulevard, opposite Tolbert Road by canceling an undeveloped lot, classified RM4 and proposed for CL District (0.59 acres), from the Planned Unit Development approved and developed with 350 multi-family units, (Proposal No. 94-83-G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2001-732

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 R20 and R40 Districts to R10 and R40 Districts a portion of property located at 3427 Richards Street, north of Woodmont Boulevard (.30 acres), (Proposal No. 2001Z-017U-10), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-733

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 SCR District to MUL District a portion of property at 7640 Highway 70 South, abutting the south margin of Interstate 40 (11.95 acres), (Proposal No. 2001Z-050G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-734

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 an undeveloped portion of the Commercial Planned Unit Development District abutting the north margin of Memphis Bristol Highway, south of I-40, classified SCR and proposed for CS District (11.95 acres), to permit a 161,100 square foot, 5,000 seat church, a shared parking plan for 288 spaces with Baptist Healthcare Affiliates, Inc., and a deferred parking plan for 269 spaces on the church site, replacing an approved 200,000 square foot medical office building, (Proposal No. 94-71-G-06), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-735

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 R20 District to IWD District a portion of property at 1670 Reynolds Road, approximately 1,800 feet south of Couchville Pike (1.44 acres), (Proposal No. 2001Z-055U-13), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-736

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 RM20 District property at 1382 Rural Hill Road, approximately 1,300 feet east of Mt. View Road, (Proposal No. 2001Z-007U-13), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-737

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 District to CL District properties at 420 and 424 Donelson Pike and Donelson Pike (unnumbered), approximately 150 feet south of Lakeland Drive (9.46 acres), (Proposal No. 2001Z-042U-14), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-738

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 CS District to OR40 District property located at 331 Plus Park Boulevard, opposite Pavilion Boulevard (4.18 acres), (Proposal No. 2001Z-047U-11), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-739

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 AR2a District certain property at Couchville Pike (unnumbered), east of Donelson Pike (208 acres), (Proposal No. 2001Z-061U-13), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-740

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 a portion of property at Hobson Pike (unnumbered), approximately 700 feet north of Hamilton Church Road (0.50 acres), (Proposal No. 2001Z-051G-12), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-741

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS10 District property at 3830 Pin Hook Road and properties at 3826 Pin Hook Road, and Pin Hook Road (unnumbered (54.34 acres), (Proposal No. 2001Z-049G-13), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-742

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 R20 District to RM4 District property at 7216 Highway 100, approximately 3,700 feet east of Old Hickory Boulevard (31.10 acres), (Proposal No. 2001Z-039G-06), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-743

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 preliminary plan of the Residential Planned Unit Development District located abutting the northeast margin of Highway 100, 400 feet northeast of Old Hickory Boulevard, classified R20 District and proposed for RM4 District, to develop 120 townhomes and three single-family lots and revise the site layout to create a public street connection to the west through parcel 21 to Highway 100, replacing 86 townhomes and three single-family lots, (31.10 acres), (Proposal No. 97P-030G-06), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-744

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, Section 17.16.060.B (Uses Permitted with Conditions: Medical Uses-Veterinarian), by establishing a new measure for building bulk and clarifying the standards for boarding of companion animals as an accessory use to veterinary clinics (2001Z-004T), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-745

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 restricting the location of billboards in Planned Unit Developments (PUDs), (2001Z-001T), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-746

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 adding provisions for accessory dwelling units in certain residential districts subject to the Urban Zoning Overlay District (2001Z-002T), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-747

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 modifying certain site plan review requirements for Community Education uses (2001Z-005T), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2001-748

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.08.030 and Section 17.16.220 by permitting temporary festivals in the agricultural districts as a special exception, all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

Without objection the rules were suspended for consideration of one (1) late bill.

BILL NO. BL2001-749

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning excess right of way at the terminus of Jackson Meadows Drive, (Proposal No. 2001M-031G-14), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.


- BILLS ON SECOND READING -

BILL NO. BL2000-561

An ordinance amending Section 3.40.010 of the Metropolitan Code by providing a window of opportunity for employees to reconnect previous service with the Metropolitan Government for pension benefit purposes. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-599

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 CS District a portion of property at 710 Myatt Drive, approximately 900 feet east of Gallatin Pike (27 acres), (Proposal No. 2001Z-001G-04), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Balthrop moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-659

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 RS20 District to RS10 District property at Old Hickory Boulevard (unnumbered), opposite Heritage Drive (3.57 acres), (Proposal No. 2000Z-134G-04), all of which is more particularly described herein. The bill was disapproved by the Planning Commission; the Planning, Zoning, Historical and Port Authority Committee recommended indefinite deferment. Mr. Nollner moved to defer action indefinitely at the request of petitioner Earl G. Pate, Jr., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-695

An ordinance amending Section 2.04.030 of the Metropolitan Code by changing the name of the "Research Staff" to "Office". The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-696

An ordinance amending Chapter 12.58 of the Metropolitan Code relating to Roller Skates and In-Line Skates by making the provisions of such chapter applicable to Scooters. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-697

An ordinance amending Title 2 of the Metropolitan Code creating the Nashville Career Advancement Center as a division of the Office of the Mayor and authorizing it to enter into grants and contracts for services pursuant to the Workforce Investment Act of 1998. The bill was approved by the Budget and Finance Committee with an amendment. Mr. Waters offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Briley moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-698

An ordinance authorizing the Metropolitan Mayor to execute a Firm Power and Variable Price Interruptible Power Supply Contract with the Nashville Electric Service and/or Tennessee Valley Authority for the Department of Water and Sewerage Services to purchase electrical power for the Central Wastewater Treatment Plant Complex. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Majors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-699

An ordinance accepting a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $675,000 to provide and maintain improvement of an outdoor public warning system. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Hand moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-700

An ordinance approving a contract from the Tennessee Department of Transportation concerning signalization of the Intersection of SR 24 (Charlotte Pike) with Cabot Drive, I-40 westbound exit ramp and eastbound on ramp, Project No. LP 3093. The bill was approved by the Budget and Finance, Traffic and Parking, and Public Works Committees. Mr. Lineweaver moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-701

An ordinance approving a contract from the Tennessee Department of Transportation concerning signalization at Stewarts Ferry Pike at I-40 eastbound exit ramp, Project No. LP 3092. The bill was approved by the Budget and Finance, Traffic and Parking, and Public Works Committees. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-702

An ordinance authorizing the acceptance of Contract No. 2001228 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3068, Countywide Signal Maintenance. The bill was approved by the Budget and Finance, Traffic and Parking, and Public Works Committees. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-703

An ordinance amending Chapter 16 of the Metropolitan Code of Laws by adopting the latest accessible and usable buildings and facilities code, adopting the latest edition of the International Residential Code for One- and Two-Family Dwellings, with amendments and making correction to the Metro Building Code and Electrical Code thereto. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-704

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of North Hydes Ferry Road to John Mallette Drive, (Proposal No. 2001M-032U-03), all of which is more particularly described herein. The bill was approved by the Planning Commission, E-911 Board, Traffic and Parking, Public Works Committees; the Planning, Zoning and Historical Committee recommended deferment. Mr. Black moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-706

An ordinance authorizing MCI Metro Access Transmission Services, LLC to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, (Proposal No. 2001M-034U-11), all of which is more particularly described herein. The bill was approved by the Planning Commission , Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2000-443

A substitute ordinance amending Section 13.20.020 of the Metropolitan Code by requiring adequate notice to abutting property owners prior to excavation work in streets, roads, alleys or rights-of-way and notice of construction work to district members of council. The substitute bill was approved by the Public Works Committee. Mr. Shulman moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2000-457

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 OL District properties at 105 Whitsett Road and the south margin of Whitsett Road (unnumbered), opposite Sterling Boone Drive (2.26 acres)(Proposal No. 2000Z-102U-11), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Ms. McClendon moved to defer action on the bill, the bill being requested by Jim Fleming - Music Row Printing, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2001-601

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 CS District to ORI District properties at 3415, 3417, and 3419 Murphy Road, abutting the west margin of Murphy Court (1.46 acres), (Proposal No. 2001Z-006U-10), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-657

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 RM40 District properties at 2112 and 2114 Buena Vista Pike, approximately 440 feet east of Clarksville Pike (2.21 acres), (Proposal No. 2001Z-036U-03), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and the Planning, Zoning, and Historical Committee recommended deferment. Mr. Black moved to defer action on the bill to the second regular meeting in July, the bill being requested by Littlejohn Engineering Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-661

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 IWD District property at 3401 Knight Drive, opposite Green Lane (.37 acres), (Proposal No. 2000Z-150U-03), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and the Planning, Zoning and Historical Committee recommended deferment. Mr. Nollner moved to defer action on the bill, the bill being requested by Jerry W. Smotherman & Linda Joan Smotherman, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2001-673

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 a Planned Unit Development District to property located abutting the east margin of Murphy Court and the south margin of Murphy Road, classified CS District and proposed for ORI District, (1.46 acres), to permit an 89,507 square foot, 121 room, 6-story hotel, (Proposal No. 2001P-005U-10), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Whitmore moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-687

An ordinance amending Section 7.16.030 of the Metropolitan Code by adding a portion of McGavock Pike to the list of streets, roads or avenues that a retail liquor store may front or abut and therefore continue to operate, provided the location held a valid certificate of compliance and license to sell liquor at retail on October 5, 1990, when Metropolitan Ordinance No. 090-1339 became effective. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-688

An ordinance authorizing Centex to participate with the Metropolitan Government, Department of Water and Sewerage Services, for the construction of Project Nos. 99-SL-206 & 97-SG-84, Willowmet Phase 1 Subdivision and Owl Creek Trunk Sewer. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Gentry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-689

An ordinance authorizing Pulte Homes, Tennessee LP, hereinafter known as "PULTE" to participate with the Metropolitan Government, Department of Water and Sewerage Services, hereinafter known as "METRO" for the construction of Project No. 97-SG-84, Owl Creek Trunk Sewer. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Gentry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-690

An ordinance authorizing a participation agreement between Phillips Builders, Inc., hereinafter known as "PHILLIPS BUILDERS" and the Metropolitan Government, Department of Water and Sewerage Services, hereinafter known as "METRO" for the construction, operation and maintenance costs of the Wyntergrace Farms Pump Station and Force Main, Project No. 99-SL-238. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Gentry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-691

An ordinance approving and authorizing the Director of the Department of Parks and Recreation to execute an agreement accepting the donation of a parcel of property from JDN Realty Corporation for use as part of the park and greenway system. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Mr. Bogen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-692

An ordinance amending Article II and Article III of Chapter 2.04 of the Metropolitan Code relating to Standards for Ethical Conduct and Council Board of Ethical Conduct by revising the standards and the procedures for handling of complaints of misconduct. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ferrell moved to pass the bill on third reading, which motion was seconded. After discussion, Ms. Holloway called for the previous question, which motion was seconded and adopted by a unanimous vote of the Council. The matter recurred on the motion to pass, which motion was adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-693

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Book Publishing Company, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before December 19, 2000. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).

BILL NO. BL2001-694

An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2000M-133U-12) for the purpose of acquiring utility easements, lease or fee-simple take of 1.63 acres, more or less, in Option One or 5.15 acres, more or less, in Option Two for use in public projects of the Metropolitan Government and specifically with relation to Project No. 97-WG-66E, Kinhawk Drive Water Reservoir. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).


Upon motion duly seconded, the meeting was adjourned to Tuesday, June 12, 2001, at 7:00 p.m.


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2001, Metropolitan Government of Nashville and Davidson County
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