Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, July 15, 2003


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

The invocation was offered by Councilmember Craig Jenkins.

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

The roll was called and the following members were present during the progress of the meeting: Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, Tygard, and President Gentry (39); Absent: Holloway (1).

The Minutes of the regular meeting of July 1, 2003 and the special meeting of July 8, 2003 were approved.

- ELECTIONS AND CONFIRMATIONS -


Convention Center Commission
Reappointment of Mr. Randy Rayburn to the Convention Center Commission for a term expiring June 7, 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.

Electric Power Board
Appointment of Mr. William F. Blaufuss, Jr. to the Electric Power Board for a term expiring July 1, 2007. In the absence of the appointee, the confirmation was deferred.

Employee Benefit Board
Reappointment of Dr. Albert Berry to the Employee Benefit Board for a term expiring June 30, 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.

Farmers Market Board
Appointment of Mr. Arthur C. Best to the Farmers Market Board for a term expiring July 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.

Human Relations Commission
Reappointment of Dr. Arshi Nasseh for a term expiring April 18, 2006. Without objection the reappointment of Dr. Nasseh was withdrawn.

Reappointment of Dr. Bill Sherman for a term expiring April 18, 2006. Without objection the reappointment of Dr. Sherman was withdrawn.

Appointment of Father Charles Strobel to the Human Relations Commission for a term expiring April 18, 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.

- BILLS ON PUBLIC HEARING -

Mr. Summers moved to suspend the rules for a public hearing on Bill No. BL2003-1506; objection was made and the bill was not heard.

BILL NO. BL2003-1506

An ordinance amending various sections of Title 17 of the Metropolitan Code, Zoning Regulations relative to requiring a planned unit development overlay or an urban design overlay for properties disturbing, altering, modifying, changing, or encroaching on twenty percent or more of the natural floodplain and/or floodway areas required to be preserved (Proposal No. 2003Z-010T).


- RESOLUTIONS -


RESOLUTION NO. RS2003-1512

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County approved under Resolution No. RS2001-639, by changing the salaries for the positions of Mayor, Vice Mayor and members of the Metropolitan County Council. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Sontany, Kerstetter, Knoch, Jenkins, Turner, and Williams (26); “Noes” Nollner, Dillard, Balthrop, Brown, Hand, Bogen, Summers, Shulman, Alexander, and Tygard (10); “Abstaining” Dread (1).

RESOLUTION NO. RS2003-1513

A resolution repealing Resolution Nos. 73-728, 75-1405, and R88-167 to eliminate the monthly expense account for members of Council. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Briley moved to adopt the resolution, which motion was seconded. After discussion, Mr. Waters 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 seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Gilmore, Hall, Beehan, Campbell, Hart, Ponder, Derryberry, Stanley, Loring, Greer, Wallace, Haddox, Whitmore, Sontany, Knoch, and Williams (19); “Noes” Tucker, Black, Nollner, Majors, Dillard, McClendon, Hausser, Hand, Bogen, Summers, Shulman, Alexander, Kerstetter, Jenkins, Turner, and Tygard (16); “Abstaining” Dread, Balthrop, and Brown (3).

RESOLUTION NO. RS2003-1514

A resolution approving fiscal year 2003-2004 Central Business Improvement District Budget. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: : “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1515

A resolution approving the property at Franklin Limestone Road to be used for a waste transfer station. The resolution was approved by the Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Ms. Sontany moved to defer the resolution upon committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2003-1516

A resolution requesting The Metropolitan Government of Nashville and Davidson County to contribute $10,000 for a reward for information leading to the finding and return of Tabitha Tuders. The Budget and Finance Committee recommended deferment. Mr. Wallace moved to the defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2003-1517

A resolution requesting the Metropolitan Transit Authority to reinstate the Mobility Check program for the benefit of disabled individuals. The resolution was approved by the Transportation and Aviation Committee. Ms. Hand moved to adopt the resolution, which motion was seconded. Mr. Ferrell moved to defer the resolution, which motion was seconded. After discussion, Mr. Bogen called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to defer, which motion failed by a roll call vote of the Council. After further discussion, Mr. Wallace called for the previous question, which motion was seconded and approved 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” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1518

A resolution requesting the Nashville Electric Service (NES) Board to implement a policy regarding the pruning of trees around power lines to require that NES submit a written notice to the homeowner whenever more than minimal pruning is required, and to permit homeowners to obtain their own arborist to perform the pruning with NES paying fifty percent (50%) of the cost. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Summers moved to defer the resolution for two meetings, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2003-1519

A resolution amending Resolution No. RS2002-1181 by reappropriating $25,000, previously appropriated from the unappropriated fund balance of the general fund of the General Services District for Bellevue’s Blue House, to be used for the restoration of the historic Belle Vue I log cabin. The resolution was approved by the Budget and Finance Committee. Mr. Tygard moved to adopt the resolution, which motion was adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1520

A resolution approving an amendment to a lease between the Metropolitan Government and the Nashville Zoo for a parcel of property commonly known as Grassmere. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote:“Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1521

A resolution approving an amendment to the grant from the Michael and Susan Dell Foundation to The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Public Library Board, for funding for the Teen Homework and Computing Center Project. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1522

A resolution approving Amendment No. 002 extending a grant from the Secretary of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library for interlibrary loans. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1523

A resolution approving a grant from the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of the Public Defender, to provide funding for the Take This Book Project. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1524

A resolution approving a grant from the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs to the Metropolitan Government of Nashville and Davidson County, acting through the 20th Judicial District Attorney General's Office for the Community Diversity Advocate Grant. The resolution was approved by the Budget and Finance Committee with an amendment. Mr. Briley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Balthrop moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1525

A resolution approving a grant from the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs to The Metropolitan Government of Nashville and Davidson County, acting through the 20th Judicial District Attorney General’s Office for the Victims of Crime Act Victim Assistance Grant Project. The resolution was approved by the Budget and Finance Committee. Ms. Balthrop moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1526

A resolution authorizing the Mayor to submit an application for a Juvenile Accountability Incentive Block Grant from the State of Tennessee, Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for program services. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1527

A resolution authorizing the Mayor to submit an application for the Tennessee Commission on Children and Youth State Supplement Juvenile Court Improvement Funds. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and was adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1528

A resolution approving a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court for child support enforcement services. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1529

A resolution approving a grant from the University of Tennessee to The Metropolitan Government of Nashville and Davidson County, acting through the Department of Human Resources, to provide supervisory and management training for Metro employees. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees with an amendment. Mr. Jenkins 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 adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1530

A resolution approving a grant from the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs to the Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the Victims of Crime Act Victim Assistance Grant Project. The resolution was approved by the Budget and Finance Committee and Public Safety-Beer, Wine and Whiskey Committees. Ms. Balthrop moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1531

A resolution authorizing the Mayor to submit an application for the Homeland Security Overtime Program from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department. The resolution was approved by the Budget and Finance Committee and Public Safety-Beer, Wine and Whiskey Committees. Ms. Balthrop moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1532

A resolution approving an amendment to an agreement between the Metropolitan Government and Chasetel Real Estate Holding Company, Inc. 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” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1533

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, to develop and implement a PM2.5 air monitoring network. The resolution was approved by the Budget and Finance Committee and Health, Hospitals and Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1534

A resolution approving an amendment to 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. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1535

A resolution approving a grant agreement to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, from the State of Tennessee, Department of Health, in an amount not to exceed $487,100 to provide children with a healthy start through access to adequate prenatal and well child care.
The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees with an amendment. Mr. Jenkins 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 adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1536

A resolution approving a grant by and between the State of Tennessee, Department of Health and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Health Department, for the provision of primary dental services at the Downtown Clinic for the Homeless. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote“Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1537

A resolution approving 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 programs and services including adolescent pregnancy, bioterroism, breast and cervical cancer, environmental health specialist, HIV-Aids early intervention and others. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1538

A resolution approving a contract between the State of Tennessee, Department of Health, and The Metropolitan Government of Nashville and Davidson County, by and through the Department of Health, for inspections and other services for hotels, food service, public swimming pools, bed and breakfast establishments, tattoo studios, body piercing and organized camps in an amount not to exceed $1,064,500. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1539

A resolution approving a grant ($388,000) from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission for the Elderly Refugee Services Grant. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1540

A resolution approving a grant ($97,000) from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission for the Elderly Refugee Services Grant. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1541

A resolution approving an amendment to an agreement between Tennessee State University and The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission to provide support services for the Infant/Toddler Model Sites Training Sessions. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1542

A resolution approving an amendment to the lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Director of Public Property Administration for the Metropolitan Social Services Commission, and Martha O’Bryan Center, Inc. to extend the existing lease term. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1543

A resolution authorizing the Metropolitan Mayor to submit an application and execute the necessary documents for a grant from the Tennessee Department of Transportation for the Bridge Pedestrian Lighting on the Jefferson Street Bridge. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1544

A resolution authorizing the Metropolitan Mayor to submit an application and execute the necessary documents for a grant from the Tennessee Department of Transportation for the Bridge Lighting and Safety Improvements for Pedestrians on Victory Memorial Bridge and Woodland Street Bridge. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1545

A resolution authorizing the Metropolitan Mayor to submit an application and execute the necessary documents for a grant from the Tennessee Department of Transportation for the painting of the Historic Louisville and Nashville Railroad Bridge over the Cumberland River. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1546

A resolution approving a contract from the Tennessee Department of Transportation concerning the addition of certain enhancements to be implemented during the painting phase of the Victory Memorial Bridge on SR 6, LP Project No. 2000461. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1547

A resolution approving a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center to provide for reimbursement for expenses associated with occupancy of Department of Human Services in the Career Center. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1548

A resolution approving an amendment to the grant from the State of Tennessee, Tennessee Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, to provide Families First support services to be administered through the Nashville Career Advancement Center. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1549

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Kimberly R. Collins against The Metropolitan Government of Nashville and Davidson County in the amount of $75,000, plus attorney’s fees of $12,364.32, and directing that this amount be paid from the Judgments and Losses Account. The resolution was approved by the Budget and Finance Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1550

A resolution accepting $65,000 in compromise and settlement of the Metropolitan Government's claim against Aegis Laboratories, Inc. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1551

A resolution accepting $12,390.73 in compromise and settlement of the Metropolitan Government's claim against Thomas C. Bogle. The resolution was approved by the Budget and Finance Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003- 1552

A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Public Works Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

RESOLUTION NO. RS2003-1553

A resolution authorizing Dixieland Delights Candy & Nut Company, to install, construct and maintain a sign, measuring 10 feet tall by 8 feet wide, to project over the public sidewalk by 9 feet and a minimum of 10 feet above the existing sidewalk at 325 Broadway (Proposal No. 2003M-058U-09). The resolution was approved by the Planning Commission and Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Mr. Wallace moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2003-1554

A resolution authorizing Molyneux Entertainment Company to install, construct and maintain awnings at its location along 9th Avenue South (Proposal No. 2003M-063U-09). The resolution was approved by the Planning Commission and Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Mr. Wallace moved to defer the resolution upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2003-1555

A resolution authorizing Michael D. Schmerling & Company, G.P. to install, construct and maintain single-mode fiber optic cable between 1900 and 1901 Church Street, on existing utility poles and lines that run along 19th Avenue North (Proposal No. 2003M-072U-10). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).


- BILLS ON INTRODUCTION AND FIRST READING -


BILL NO. BL2003-1526

An ordinance authorizing the Metropolitan Police Department to accept the donation of original paintings and drawings by local artists for display in the Domestic Violence Division. 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. BL2003-1527

An ordinance approving a Memorandum of Understanding between The Metropolitan Government of Nashville and Davidson County and The Metropolitan Nashville Airport Authority to provide emergency fire and ambulance and rescue service at the John C. Tune Airport in exchange for use of Metropolitan Nashville Airport Authority’s Crash Rescue Fire Truck. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Safety-Beer, Wine and Whiskey and Transportation and Aviation Committees by a voice vote of the Council.

BILL NO. BL2003-1528

An ordinance authorizing the Metropolitan Government to participate with Copperstone Development to provide sewer services in Williamson County. 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. BL2003-1529

An ordinance approving a first amendment to a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, and NNN Parkway Towers, LLC, the successors in interest to Domain Copper Ridge Associates, Ltd., for office space at 404 James Robertson Parkway, Nashville, Tennessee. 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. BL2003-1530

An ordinance authorizing the Metropolitan Government, under the authority of the Metropolitan Council, to accept funds distributed thereto by Court order pursuant to Tennessee Code Annotated Section 39-11-713. 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. BL2003-1531

An ordinance authorizing the installation within the public right-of-way of a certain sculpture and accepting the donation of that sculpture upon completion of the installation. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2003-1532

An ordinance accepting an advance distribution from the state of David B. Trowbridge to The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Health, for the use of the Division of Animal Control. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.

BILL NO. BL2003-1533

An ordinance delegating to the Industrial Development Board of Nashville and Davidson County the authority to accept agreements for payments in lieu of ad valorem taxes. 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. BL2003-1534

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring water mains, sanitary sewers, reservoirs, and stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SG-154, Timmons Street Sewer Extension, Map 119-13, Parcels 314, 315, 316, and 317 (Proposal No. 2003M-052U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to Budget and Finance, Public Works, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2003-1535

An ordinance to abandon and relocate an existing water line and easement located on Map 81-04, Parcel 020.00 of Project No. 03-WL-83, St. Cecilia Motherhouse/Convent (Proposal No. 2003M-051U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2003-1536

An ordinance to abandon and relocate an existing sanitary sewer line and easement located on Map 92-11, Parcel 068.00 of Project No. 02-SL-086, Charlotte Avenue, American Cancer Society, Mid-South Division, Inc. and customer is adding a fire hydrant, Metro Project No. 02-WL-77 (Proposal No. 2003M-048U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2003-1537

An ordinance accepting an easement from Nashville and Eastern Railroad, on a parcel of property for use in the greenway system (Proposal No. 2003M-045U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2003-1538

An ordinance to abandon and relocate an existing sanitary sewer line and easement located on Map 120, Parcel No. 039.00 of Project No. 02-WL-059, Metro Airport, northeast of Murfreesboro Road (Proposal No. 2003M-035U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2003-1539

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by closing an unnumbered alley between Pfeiffer Street and Powell Avenue (Proposal No. 2003M-082U-03). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2003-1540

An ordinance approving the disposition of certain parcels of property by the Director of Public Property held by the Metropolitan Government (Proposal No. 2003M-084UG). 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.


- BILLS ON SECOND READING -


BILL NO. BL2003-1387

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. Mr. Wallace offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2003-1387


An Ordinance amending Chapter 12.42 Permit Parking Programs of the Metropolitan Code to provide that university area residential lots shall be eligible for individual residential permit parking. The substitute bill was approved by the Budget and Finance and Traffic and Parking Committees; the bill was deferred by the Traffic and Parking Commission. Mr. Ferrell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. A map of the affected areas was filed for the record. Mr. Wallace moved to pass the substitute bill on second reading as amended, which motion was seconded. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1388

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. Mr. Wallace moved to withdraw the bill, which motion was seconded and adopted without objection.

BILL NO. BL2003-1422

An ordinance amending the Metropolitan Code of Laws to increase dog licensing fees, to provide for a licensing fee differential for sterilized dogs, and to require that all dogs over four months of age be vaccinated against rabies. The bill was disapproved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee recommended deferment. Ms. Sontany moved to defer the bill on second reading upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1466

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 and OR20 districts to MUL district properties at 4301 and 4313 Harding Pike, abutting the southern margin of Harding Pike, (3.95 acres), all of which is more particularly described herein (Proposal No. 2003Z-069U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Shulman moved to defer the bill on second reading, the bill being requested by Tony Giarratana, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1475

An ordinance amending Section 12.52.130 of the Metropolitan Code of Laws to permit tax exempt charitable organizations to solicit and collect charitable contributions in the roadway. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Nollner moved to defer the bill on second reading upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1483

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 OR40 and RM9 districts to ORI (6.43 acres) and OR20 (5.33 acres) districts properties located at 1310, 1314, 1318 and 1320 Briarville Road, Cheron Road (unnumbered), and Shields Lane (unnumbered) at the north side of Cheron Road, (11.76 total acres), all of which is more particularly described herein (Proposal No. 2003Z-086G-04). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Majors moved to defer the bill on second reading, the being requested by Peak Returns, Ltd., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1497

An ordinance amending Title 7, Chapter 7.08 of the Metropolitan Code of Laws for the purpose of correcting a typographical error therein. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1498

An ordinance approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Baker, Storey, McDonald Properties, Inc., for the contribution of $13,750.00 for funding of an assessment and evaluation of the feasibility of relocating Fire Hall No. 10. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to pass the bill on second reading and re-refer it to the Public Safety-Beer, Wine and Whiskey Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1499

An ordinance approving the grant of a permanent sewer easement to the Ensworth High School (Proposal No. 2003M-068G-06). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1500

An ordinance authorizing the Director of Parks and Recreation, or his designee, to accept, execute and record an agreement for grant of an easement with The Ensworth School, on a parcel of property for use in the greenway system (Proposal No. 2003M-069G-06). The bill was approved by the Planning Commission, Public Works, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1501

An ordinance authorizing the acquisition of property by negotiation or condemnation for construction of sidewalks and associated work in accordance with the Strategic Plan for Sidewalk Capital Improvement Projects located within the area of The Metropolitan Government of Nashville and Davidson County (Proposal No. 2003M-067UG). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical 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. BL2003-1502

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring water mains, sanitary sewers, reservoirs, and stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SC-124, Vanderbilt at 29th Avenue for a 54” Storm Water and an 18” Water Line Relocation. (Proposal No.2003M-029U-10). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical 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. BL2003-1503

An ordinance approving the disposition of a certain parcel of property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County at the corner of 12th Avenue and Wedgewood (Tax Map 105-9, Parcel 51, including any adjoining abandoned street or alley) (Proposal No. 2003M-070G-10). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1504

An ordinance authorizing the Metropolitan Mayor to enter into a fiber optic cable agreement with Nashville & Eastern Railroad Corporation allowing the Metropolitan Government Information Technology Service Department to install fiber optic cable in the railroad right-of-way overhead at M.P. 0.97 and then running East parallel to the main on the north side to the spur to the MTA-Hascall Steel Spur and authorizing approval of all future Nashville & Eastern Railroad Corporation license agreements by resolution. (Proposal No. 2003M-057U-09). ). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical 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. BL2003-1505

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 Otter Creek Road (Proposal No. 2003M-043G-10). 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 second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1507

An ordinance amending the Metropolitan Code of Laws to prohibit persons from inhabiting motor vehicles. Mr. Wallace moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1508

An ordinance amending the Metropolitan Code of Laws to prohibit persons from inhabiting abandoned motor vehicles. Mr. Wallace moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1509

An ordinance amending Section 12.58.010 of the Metropolitan Code of Laws to clarify that persons may operate scooters, in-line skates or roller skates on an undivided two-lane roadway in a residence district. The Traffic and Parking and Public Safety-Beer, Wine and Whiskey Committees recommended deferment. Mr. Ponder moved to defer the bill on second reading upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1510

An ordinance amending Section 10.20.300 of the Metropolitan Code of Laws to include structures used for hotel, motel, and bed and breakfast purposes as being protected by the restricted hours of collection and to include dumpster requirements. The Public Works Committee recommended deferment. Mr. Shulman moved to defer the bill on second reading upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1511

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 North First Street Steambank Protection Project 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. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1512

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County, Opry Mills Operating Company, L.L.C., Opryland Attractions, Inc., and OLH, G.P., relating to the operation and maintenance of certain flood protection improvements along the Cumberland River. The bill was approved by the Budget and Finance and Public Works Committees. 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. BL2003-1513

An ordinance approving the disposition of certain property owned by The Metropolitan Government of Nashville and Davidson County, Tennessee, (Hermitage Avenue, Franklin Street and Peabody Street, Tax Map 93-11, Parcels 85, 105, 106, 107, 108, 242 and Map 93-7, Part of Parcel 41), (Proposal No. 2003M-083U-09). The bill was approved by the Planning Commission, Budget and Finance and Public Works 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. BL2003-1514

An ordinance authorizing the acquisition of property by negotiation or condemnation for 12th Avenue South Streetscape Improvement Project encompassing roadway improvements, sidewalks, curbs and gutters, on street parallel parking, drainage, and street lighting from Halcyon Avenue to Ashwood Avenue, Project No. 02-R-09 (Proposal No. 2003M-077U-10). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1515

An ordinance authorizing the conveyance of a slope easement on real property to the State of Tennessee Department of Transportation in conjunction with the construction of Project No. 19042-2229-04, consisting of the construction of sidewalks on State Route 65 (U.S. 431) from Lloyd Road to Alex Green School entrance (Proposal No. 2003M-076U-03). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1516

An ordinance authorizing Warner Music Group to construct, install, and maintain a communication duct under the public right of way between the buildings located at 20 and 21 Music Square East (Proposal No. 2003M-061U-10). The bill was approved by the Planning Commission and Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1517

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 41st Avenue North from the south margin of Alley #1204 to Indiana Avenue (Proposal No. 2002M-056U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1518

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing an unimproved right-of-way, Harcome Avenue, between Belvidere Drive and Woodvale Drive (Proposal No. 2003M-047U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1519

An ordinance authorizing Parkway Properties, L.P., owner to construct, install, and maintain various encroachments into and on the public sidewalk at the Bank of America Building and Plaza (Proposal No. 2003M-060U-09). The bill was approved by the Planning Commission, and Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1520

An ordinance authorizing St. Ann's Episcopal Church, to construct, install, and maintain a fence partially within the public right-of-way along South 4th Street and Woodland Street (Proposal No. 2003M-062U-05). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1521

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 #233 between 12th Avenue South and 11th Avenue South, just south of Laurel Avenue, as part of the MDHA-approved Gulch Redevelopment Project (Proposal No. 2003M-049U-09). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1522

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 250-foot portion of Alley #378 extending from the east margin of 18th Avenue North to the east margin of parcel 243 (Proposal No. 2002M-081U-10). The bill was approved by the Planning Commission and Public Works Committee; disapproved by the Traffic and Parking Commission; and the Planning, Zoning and Historical Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading upon committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1523

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 Alley #428, a portion of Alley #393, and a portion of 13th Avenue South (Proposal No. 2003M-071U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Traffic and Parking and Planning, Zoning and Historical Committees; the Public Works Committee recommended deferment. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1524

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning Alley #514 (Proposal No. 2003M-050U-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. Black offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Black 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. BL2003-1525

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 #314 (unimproved) between Cowan Street and Oldham Street (Proposal No. 2003M-064U-09). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, and Traffic and Parking Committees; the Planning, Zoning and Historical Committee recommended deferment. Mr. Hall moved to suspend the rules to override the committee recommendation of deferment, which motion was seconded and adopted without objection. Mr. Hall 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. BL2003-1353

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 bill was approved by the Public Safety-Beer, Wine and Whiskey Committee Committee. Mr. Dread moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Dread, Black, Hall, Beehan, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Haddox, Whitmore, Summers, Shulman, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (25); “Noes” Tucker, Nollner, Campbell, Hart, McClendon, Hand, and Bogen (7); “Abstaining” Gilmore, Majors, and Greer (3).

BILL NO. BL2003-1364

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 withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1372

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 part of property at Route 1 Cane Ridge Road, abutting the west margin of Cane Ridge Road, (30.0 acres), all of which is more particularly described herein (Proposal No. 2002Z-095G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to defer the bill on third reading, the bill being requested by Dale & Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1381

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 RM9 and IWD districts properties at 1792 Reynolds Road and Smith Springs Road (unnumbered), abutting the northern margin of Smith Springs Road and the eastern margin of Reynolds Road, (40.27 acres), all of which is more particularly described herein (Proposal No. 2003Z-048U-13). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1384

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 3276 Hamilton Church Road and Hamilton Church Road (unnumbered), abutting the north margin of Hamilton Church Road, (17.76 acres), all of which is more particularly described herein (Proposal No. 2003Z-034U-13). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Shulman moved to defer the bill on third reading, the bill being requested by Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1399

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County (2003Z-009T), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1400

An ordinance amending the Metropolitan Code of Laws to provide for reimbursement of overpayment made by customers for water and sewer services. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Waters moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1416

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 MUL district property at 1712 Jefferson Street, approximately 400 feet east of Dr. D. B. Todd Boulevard, (0.38 acres), all of which is more particularly described herein (Proposal No. 2003Z-057U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Haddox moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1417

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 property at 1500 Porter Road, at the intersection of Porter Road and Cahal Avenue, (1.54 acres), all of which is more particularly described herein (Proposal No. 2003Z-045U-05). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Campbell moved to defer the bill on third reading, the bill being requested by SSOE, Inc. which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1418

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 Conservation overlay district to various parcels located between Harding Place, Blackburn Avenue, and Windsor Drive, classified R10 and RS10 districts, (45.23 acres), all of which is more particularly described herein (Proposal No. 2003Z-065U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Williams moved to pass the bill on third reading, which motion was seconded. After discussion, Mr. Summers 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 pass, which motion was adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Knoch, Turner, and Williams, (31); “Noes” Nollner, Greer, Alexander, Kerstetter, and Tygard (5); “Abstaining” Wallace, (1).

BILL NO. BL2003-1419

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 RS7.5 and CL districts to CS district properties at 100, 102, 106, and 108 Myatt Drive, at the intersection of Myatt Drive and State Highway 45, (0.85 acres), all of which is more particularly described herein (Proposal No. 2003Z-044G-04). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Dillard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Shulman, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (34); “Noes” (0); “Abstaining” Dread, Summers (2).

BILL NO. BL2003-1421

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 IG district property at Centennial Boulevard (unnumbered) located approximately 1,000 feet east of Centennial Boulevard and 300 feet west of Briley Parkway, (4.31 acres), all of which is more particularly described herein (Proposal No. 2003Z-078U-07). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. Hand moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1431

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 200-foot segment of Capers Avenue, “Children’s Way” (Proposal No. 2003M-037U-10). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Ms.Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following vote “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1433

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 OR20 district properties located at 533 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), on the north side of Old Hickory Boulevard, 250 feet west of Hankins Street, (0.88 acres), all of which is more particularly described herein (Proposal No. 2003Z-092G-04). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Dillard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1434

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS15 district to RS10 district property at 5015 John Hager Road, at the intersection of John Hager Road and South New Hope Road, (3.1 acres), all of which is more particularly described herein (Proposal No. 2003Z-058G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1435

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 district to CS district property at 1204 3rd Avenue South, approximately 100 feet south of Chestnut Street, (0.15 acres), all of which is more particularly described herein (Proposal No. 2003Z-063U-11). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Dread moved to defer the bill for two meetings and re-refer it to the Planning Commission, the bill being requested by Sam J. Lewis, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1436

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD district to OL district property at 220 French Landing Drive, approximately 400 feet west of Great Circle Road, (2 acres), all of which is more particularly described herein (Proposal No. 2003Z-083G-08). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Haddox moved to defer the bill on third reading the bill being requested by Foundations Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1437

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 located abutting the east margin of Ed Temple Boulevard, south of Clarksville Pike, classified RM40, (5.41 acres), to permit the addition of a 22,642 square foot, 30 unit two story geriatric center to the existing 48 unit three story geriatric center and church, all of which is more particularly described herein, (Proposal No. 206-76-U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Haddox moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1438

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the Commercial Planned Unit Development located abutting the south margin of Dominican Drive, west of Metro Center Boulevard, classified CS, (3.69 acres), approved for a 40,500 square foot motel and a 9,600 square foot restaurant, all of which is more particularly described herein, (Proposal No. 121-76-U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Haddox moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1439

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 OR40 and CS districts to RM20 district property at Athens Way (unnumbered), at the intersection of Athens Way and Dominican Drive, (16.57 acres), all of which is more particularly described herein (Proposal No. 2003Z-052U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Haddox moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1440

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the west margin of Athens Way, north of Dominican Drive (16.57 acres), classified OR40 and CS districts and proposed for RM20 district, the provisions of a Planned Unit Development District, to permit the development of a 242 unit multi-family residential complex (Proposal No. 2003P-009U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Haddox moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1441

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 R15 districts to RS15 and RS10 districts properties at Burtonwood Drive (unnumbered), abutting the southern terminus of Burtonwood Drive, (4.07 acres), all of which is more particularly described herein (Proposal No. 2003Z-062U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Turner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1443

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 MUL district property located at 1105 Woodland Street, between North 11th Street and North 12th Street, (0.34 acres), all of which is more particularly described herein (Proposal No. 2003Z-074U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1444

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 MUG district properties located at Woodland Street (unnumbered) on the south side of Woodland Street at McFerrin Avenue, (1.00 acres), all of which is more particularly described herein (Proposal No. 2003Z-091U-05). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1446

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 district to OL district properties at 2800, 2802, 2804, and Street, abutting the northern margin of Felicia Street, (0.48 acres), all of which is more particularly described herein (Proposal No. 2003Z-050U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1447

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 district to ORI district property located between Clifton and Charlotte Avenues and between 20th and 21st Avenues (unnumbered), (.55 acres), all of which is more particularly described herein (Proposal No. 2003Z-076U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1448

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 Commercial Planned Unit Development located abutting the northwest corner of Indiana Avenue and 40th Avenue North, classified MUL, (.779 acres), to permit the development of a 10,000 square foot retail building to replace the approved and undeveloped 11,000 square foot retail building, all of which is more particularly described herein (Proposal No. 82-77-U-08). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Whitemore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1449

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 ORI and CS districts to MUG district properties at 2214 Elliston Place, 203 Louise Avenue, and Elliston Place (unnumbered) on the northwest corner of Louise Avenue and Elliston Place, between 22nd and 23rd Avenue, (.79 acres), all of which is more particularly described herein (Proposal No. 2003Z-084U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1451

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS15 district to RS10 district property at Newsom Station Road (unnumbered), abutting the northern margin of the CSX Railroad and the south side of the Harpeth River, (38.31 acres), all of which is more particularly described herein (Proposal No. 2003Z-072G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Bogen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1452

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 MUG district property at 510 Davidson Street, abutting the southern margin of Davidson Street, (1.72 acres), all of which is more particularly described herein (Proposal No. 2003Z-038U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1454

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 RS40 district to CL district property at Route 5 Highway 100, abutting the southern margin of Highway 100, (1.5 acres), all of which is more particularly described herein (Proposal No. 2003Z-061G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1455

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 MUL, CS and RS3.75 districts properties at 2526, 2534, 2540, 2548 Murfreesboro Pike, and Murfreesboro Pike (unnumbered), south of Edge-O-Lake Drive, (12.87 acres), all of which is more particularly described herein (Proposal No. 2003Z-047U-13). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Dread, Gilmore, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Ponder, Stanley, Loring, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Summers, Shulman, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, and Tygard (28); “Noes” (0).

BILL NO. BL2003-1457

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 Murfreesboro Pike (unnumbered), at the intersection of Murfreesboro Pike and Brooksboro Place, (1.38 acres), all of which is more particularly described herein (Proposal No. 2002Z-114U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Alexander moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1458

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD district to MUL district properties at Hamilton Crossings, abutting the northern margin of Hamilton Church Road, (27.2 acres), all of which is more particularly described herein (Proposal No. 2003Z-056U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Alexander moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1462

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 RS10 district to MUG district property located at 252 Donelson Hills Drive, north margin of Lebanon Pike, (40 acres), all of which is more particularly described herein (Proposal No. 2001Z-060U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Petitions were filed in opposition to passage of the bill. Mr. Loring moved to pass the bill on third reading, which motion was seconded. After discussion, Mr. Nollner called for the previous question, which motion was seconded and failed by a voice vote of the Council. After further discussion, Mr. Tygard 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 pass, which motion was adopted by the following vote: “Ayes” Ferrell, Waters, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (32); “Noes” Briley, Tucker, Summers, Shulman, (4); “Abstaining” McClendon, Hausser (2).

BILL NO. BL2003-1463

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the north margin of Lebanon Pike and the western margin of Donelson Hills Drive, (40.00 acres), classified RS10 district and proposed for MUG district, the provisions of a Planned Unit Development District, to permit the development of 181 condominium units, 50,735 square feet of retail restaurant/office, and a 225 slip public marina and marina services (Proposal No. 2003P-007U-14). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Loring offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Petitions were filed in opposition to passage of the bill. Mr. Loving moved to pass the bill on third reading as amended. After discussion, Mr. Nollner called for the previous question, which motion was seconded and failed by a voice vote of the Council. After further discussion, Mr. Tygard 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 pass, which motion was adopted by the following vote: “Ayes” Ferrell, Waters, Dread, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, Greer, Wallace, Haddox, Whitmore, Hand, Bogen, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (32); “Noes” Briley, Tucker, Summers, Shulman, (4); “Abstaining” McClendon, Hausser, (2).

BILL NO. BL2003-1464

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 district to R10 district property located at 2401, 2403, 2405, 2407, 2409, 2411 and 2413 Elliott Avenue, 812 Inverness Avenue and 807 Hillview Heights, on the west side of Elliott Avenue between Hillview Heights and Inverness Avenue, (1.87 acres), all of which is more particularly described herein (Proposal No. 2003Z-089U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Greer moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1465

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 undeveloped Planned Unit Development located abutting the south margin of Murphy Road and the east margin of Murphy Court, classified ORI, (1.46 acres), to permit the development of a two story, 11,300 square foot bank to replace a 89,507 square foot, 123 room, 6-story hotel, all of which is more particularly described herein, (Proposal No. 2001P-005U-10). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Whitmore moved to defer the bill on third reading, the bill being requested by Barge, Waggoner, Sumner & Cannon, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1467

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 property at 312 Donelson Pike, abutting the western margin of Donelson Pike, (1.19 acres), all of which is more particularly described herein (Proposal No. 2003Z-033U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical 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, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1469

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS15 district to RM4 district property located at 4440 Chandler Road between Stoners Glen Road and Chandler Road, 150 feet south of Stoners Glen Court, (4.4 acres), all of which is more particularly described herein (Proposal No. 2003Z-087G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1470

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 RS40 districts to RS20 district properties at 3604, 3605, 3609, 3701, 3704, 3705, 3709, 3713 Sycamore Lane, 2703, 2705, 2707, 2808, 2809, 2813, 2816, 2820 Valley Brook Place, and 3703, 3705, 3707, 3709, 3711 Hilldale Drive, at the intersection of Valley Brook Place and Hilldale Road, (12.98 acres), all of which is more particularly described herein (Proposal No. 2003Z-049U-10).
The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1478

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 MUL district property located at 942 Jefferson Street, on the northeast corner of the intersection of Jefferson Street and 10th Avenue North, (0.43 acres), all of which is more particularly described herein (Proposal No. 2003Z-093U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Haddox moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1479

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 district to CS district property at Acklen Avenue (unnumbered) at the southern terminus of 13th Avenue South between Wedgewood and Acklen Avenue, (.68 acres), all of which is more particularly described herein (Proposal No. 2003Z-085U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Greer moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1480

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 district to RS20 district properties located at 3100, 3102, 3104, 3106, 3108 and 3110 Woodlawn Drive, on the north side of Woodlawn Drive between Timber Lane and Bowling Avenue, (5.33 acres), all of which is more particularly described herein (Proposal No. 2003Z-094U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1487

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 district to CS district properties at Hobson Drive (unnumbered), at the intersection of Hobson Drive and Old Hickory Boulevard, (66.34 acres), all of which is more particularly described herein (Proposal No. 2003Z-071G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to defer the bill on third, reading the bill being requested by Stokes, Bartholomew, Evans & Petree, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1490

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 6103 Mt. Pisgah Road and Mt. Pisgah Road (unnumbered), approximately 3,600 feet east of Edmondson Pike, (4.79 acres), all of which is more particularly described herein (Proposal No. 2003Z-059G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to defer the bill on third reading the bill being requested by James A. and Teresa Creecy, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1491

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 RS10 district to MUL (1.60 acres) and RM9 (77.70 acres) districts properties at 6340 and 6350 Hills Chapel Road, and Hills Chapel Road (unnumbered), at the eastern terminus of Hills Chapel Road, (79.3 acres), all of which is more particularly described herein (Proposal No. 2003Z-055G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1492

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 MUL district properties at 6116, 6120 and 6130 Nolensville Pike, abutting the southern terminus of Althorp Way, (14.06 acres), all of which is more particularly described herein (Proposal No. 2003Z-054G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1493

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 Urban Design Overlay District located abutting the east margin of Nolensville Pike, south of Barnes Road, classified MUL and RM9 (92.44 acres), to increase the maximum number of permitted dwelling units and to expand the area to which the district applies in order to accommodate additional residential and neighborhood scale mixed use development, all of which is more particularly described herein (Proposal No. 2001UD-001U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, Waters, Briley, Tucker, Dread, 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, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Turner, Williams, and Tygard (38); “Noes” (0).

BILL NO. BL2003-1494

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 MUL (19.17 acres) and RM9 (81.10 acres) districts property at Bell Road (unnumbered), abutting the eastern margin of Bell Road, (100.27 total acres), all of which is more particularly described herein (Proposal No.2003Z-073U-13). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to defer the bill on third reading the bill being requested by Artech, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1495

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 Urban Design Overlay (UDO), District to properties located abutting the east margin of Bell Road, north of Bell Forge Lane, classified R8 and proposed for RM9 and MUL, (100.27 total acres), to permit the development of 936 residential units, including 256 live/work units, 210 flats, 192 townhomes, 142 patio homes, 136 single-family, and a mixed-use town center, all of which is more particularly described herein (Proposal No. 2003UD-003U-13). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to defer the bill on third reading, the bill being requested by Dale & Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-1496

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the undeveloped Residential and Commercial Planned Unit Development located at Bell Road (unnumbered) abutting the east margin of Bell Road, north of Bell Forge Lane, classified R8 and proposed for MUL and RM9, (100.27 total acres), approved for a 100,000 square foot office building and 1,272 residential units, all of which is more particularly described herein, (Proposal No. 96P-012U-13).
The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Knoch moved to defer the bill on third reading, the bill being requested by Dale & Associates, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.


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