Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, August 19, 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 Judge Bill Stinnett of Ashland City, Tennessee.

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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, Tygard, and President Gentry (38); Absent: Waters, Knoch (2).

The Minutes of the regular meeting of August 5, 2003 were approved.

- COMMUNICATION FROM THE MAYOR -

August 19, 2003

To Vice Mayor Howard Gentry and Members of the 10th Metro Council

As this historic 10th Metro Council comes to a conclusion, I wanted to share with each member the sincere thanks of the mayor and the city for all you have done during these four years. As every members present knows, there are many challenges and opportunities ahead for us all. Just know Nashville is a much better place for your service:

- From the Public Square to the door of every school;
- From every park to every street corner;
- From public safety to public health;
- From our great shared downtown neighborhood to every other neighborhood, no matter how distant;
- From the thousands of new home owners to our new corporate headquarters;
- From a newly clean Cumberland River to a newly strong water program;
- From new courtrooms to new jail cells;
- From the Shelby Street Bridge to the Gateway Bridge;
- From the new libraries we built and opened more widely than ever in our history to the books our school libraries never had before;
- From the uncertainties of the millennium and September 11 through the celebration of Independence Day 2003;

You have lifted the people of Nashville and provided the firmest foundation yet for those who will follow us here. However you are called to serve in the years ahead, I look forward to our work, together.

/s/ Bill Purcell

- ELECTIONS AND CONFIRMATIONS -


Auditorium Commission
Reappointment of Ms. Anne-Marie Farmer to the Auditorium Commission 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.

Appointment of Ms. Marcela Gomez-Heinlein to the Auditorium Commission 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.

Reappointment of Mr. Alfred Haislip to the Auditorium Commission 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.

Appointment of Mr. Ronald Roberts to the Auditorium Commission for a term expiring June 30, 2006. Without objection, the appointment was withdrawn.

Convention Center Commission
Appointment of Ms. Patricia Paiva 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.

Appointment of Mr. Ed Stevenson to the Convention Center Commission for a term expiring June 7, 2006. The appointment was deferred without objection.

Human Relations Commission
Appointment of Ms. Jen-Jen Lin 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.

Metropolitan Educational Access Corporation
Reappointment of Dr. David Jones to the Metropolitan Educational Access Corporation for a term expiring February 5, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Eddie Jones to the Metropolitan Educational Access Corporation for a term expiring February 5, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Tandy Rice to the Metropolitan Educational Access Corporation for a term expiring February 5, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Greer moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Ms. Helen Shull to the Metropolitan Educational Access Corporation for a term expiring February 5, 2004. Without objection, the appointment was withdrawn.

Social Services Commission
Appointment of Mr. Glenn Carter to the Social Services Commission for a term expiring April 3, 2004. Without objection, the appointment was deferred.

Tourism and Convention Commission
Reappointment of Mr. Mike Kelly to the Tourism and Convention Commission 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.


- RESOLUTIONS -


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 resolution was approved by the Rules-Confirmations-Public Elections Committee with amendments. Mr. Summers offered Amendment Nos. 1 and 2 and moved for their adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Summers moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1557

A resolution requesting the Mayor to create an office within the Mayor’s Office to focus primarily on issues affecting the homeless, mentally ill, and those addicted to drugs or alcohol. The resolution was deferred by the Health, Hospitals & Social Services Committee. Mr. Wallace moved to suspend the rules for consideration of the resolution, and objection was made. No action was taken on the resolution at this time.


RESOLUTION NO. RS2003-1590

A resolution recognizing Mrs. Rosemary Stanley for her support of the Metropolitan County Council. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1591

A resolution recognizing and supporting the Native American Indian Association for their efforts to raise funds to build an American Indian Cultural Center in Nashville. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1592


A resolution supporting the submission of a proposal to the National Association of Counties requesting that the city of Nashville, Tennessee be chosen to host the 2008 or 2009 Annual Conference and Exposition. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).

RESOLUTION NO. RS2003-1593

A resolution declaring the criminal courts building on Second Avenue North, adjacent to the Ben West Building, as the “Beverly Briley Building”. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ponder moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Dread, Gilmore, Black, Nollner, Majors, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Jenkins, Turner, and Williams (28); “Noes” Wallace, Tygard (2); “Abstaining” Briley, Tucker, Hall, Alexander, Holloway, Kerstetter (6).


RESOLUTION NO. RS2003-1594

A resolution accepting a grant from the United States Department of Housing and Urban Development, through the Economic Development Initiative Program to The Metropolitan Government of Nashville and Davidson County, for the revitalization of the Rolling Mill Hill site located within the Rutledge Hill Redevelopment area and authorizing the Metropolitan Development and Housing Agency to act on behalf of the City in administration of this grant. The resolution was approved by the Federal Grants Review Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1595

A resolution accepting the 2003 Plan Update for the Bellevue Community adopted by the Metropolitan Planning Commission on February 13, 2003. The resolution was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1596

A resolution authorizing the Metropolitan Mayor to submit an application for the U.S. Homeland Security Grant Program and accepting the award upon approval of the grant contracts by the Departments of Finance and Law. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1597

A resolution authorizing the Mayor to submit an application for a law enforcement block grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the benefit of various departments of the Metropolitan Government. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard, (38); “Noes” (0).


RESOLUTION NO. RS2003-1598

A resolution approving an application for a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting through the Department of Water and Sewerage Services for the Multi Hazard Mitigation Planning Grant. 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1599

A resolution authorizing the Metropolitan Mayor to submit an application to the U.S. Department of Justice for the Project Safe Neighborhoods Grant and approving the grant award. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1600

A resolution approving a grant from the State of Tennessee, Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Arts Commission for administration of a local sub-grant program to not for profit organizations. 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1601

A resolution approving a grant from the State of Tennessee, Department of State, to The Metropolitan Government of Nashville and Davidson County acting by and through the Nashville Public Library for the improvement of library services for persons who are living below the poverty level and or have other disadvantages. 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1602

A resolution approving a grant from the State of Tennessee, Tennessee Historical Commission to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Historical Commission for the NAPC Commissioner Assistance and Mentoring Program. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1603

A resolution accepting a grant from the State of Tennessee, Tennessee Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Parks and Recreation and Metropolitan Beautification and Environment for the provision of completing one or more projects relating to urban and community forestry. 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1604

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, for administrative and operating costs to establish programs to prepare adult, youth and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (03-09-FY3-1AD-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1605

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, for administrative and operating costs to establish programs to prepare adult, youth and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (04-09-PY3-209-ADULT). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1606

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, for administrative and operating costs to establish programs to prepare adult, youth and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (04-09-PY3-109-ADMIN). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1607

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, for administrative and operating costs to establish programs to prepare adult, youth and dislocated workers for re-entry into the labor force to be administered through the Nashville Career Advancement Center (04-09-PY3-409-DSLWK). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1608

A resolution approving a contract from the Tennessee Department of Transportation Concerning ATIS Phase 1A--Signalized Intersection Improvements, Nashville, Davidson County LP Project 3218. 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1609

A resolution approving a grant from the State of Tennessee, Department of State, Tennessee State Library and Archives to The Metropolitan Government of Nashville and Davidson County acting by and through the Nashville Public Library to purchase computers and library management software. 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1610

A resolution approving a Third Amendment to the Lease Agreement between The Metropolitan Government of Nashville and Davidson County, Tennessee and W.S. Investment Holdings, L.P., and Square Investment Holding, L.P. for the use of additional office space and attached herein. 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1611

A resolution approving contracts for the privatization of the long-term acute care facility at Bordeaux Hospital by the Hospital Authority of The Metropolitan Government of Nashville and Davidson County. 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, Briley, Tucker, Dread, Gilmore, Black, Nollner, Majors, Hall, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, McClendon, Hausser, Wallace, Haddox, Whitmore, Bogen, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (31); “Noes” Loring, Greer, Summers (3); “Abstaining” Derryberry, Hand (2).


RESOLUTION NO. RS2003-1612

A resolution approving the compromise and settlement of the lawsuit of Lee Parks against the Metropolitan Government for the amount of eighty thousand dollars ($80,000) and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1613

A resolution authorizing the Beale Street Blues Company to install, construct and maintain a sign above the public sidewalk at 152 2nd Avenue North (Proposal No. 2003M-095U-09). The resolution was approved by the Planning Commission and Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-1614

A resolution recognizing the accomplishments of the departing members of the Tenth Metropolitan County Council. Mr. Shulman offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE RESOLUTION NO. RS2003-1614

A resolution recognizing the accomplishments of the departing members of the Tenth Metropolitan County Council. The substitute resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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


RESOLUTION NO. RS2003-1615

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Greer moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


President Pro Tem Ponder assumed the chair at this time.

- BILLS ON THIRD READING -


BILL NO. BL2002-1108

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 OR20 District properties within the Urban Zoning Overlay at 2024 and 2026 Clifton Avenue, and at the intersection of Clifton Avenue and 21st Avenue North (0.60 acres), all of which is more particularly described herein (Proposal No. 2002Z-043U-08). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Whitmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Whitmore moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).

Ms. Gilmore requested that Bill Nos. BL2003-1335 and BL2003-1481 be considered together, and no objection was made.


BILL NO. BL2003-1335

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 (26.0 acres) and RM6 (15.5 acres) district a portion of property at 7305 Whites Creek Pike, abutting the western margin of Whites Creek Pike, (41.5 acres), all of which is more particularly described herein (Proposal No. 2003Z-002G-01). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded. After discussion Ms. Holloway 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 on third reading, which motion was adopted by the following vote: “Ayes” Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Balthrop, Brown, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Shulman, Holloway, Jenkins, Turner, Williams, and Tygard (27); “Noes” Ferrell, Campbell, Hand, Summers (4 ); “Abstaining” Briley, Nollner, Ponder, Sontany, Alexander, Kerstetter (6).


BILL NO. BL2003-1481

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 RS15 district a portion of property at 7305 Whites Creek Pike, abutting the western margin of Whites Creek Pike, (34.25 acres), all of which is more particularly described herein (Proposal No. 2003Z-097G-01). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. A copy of restrictive covenants were filed for the record, and Ms. Gilmore stated that the document would be recorded within 72 hours. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded. After discussion Ms. Holloway called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass on third reading, which motion was adopted by the following vote: “Ayes” Gilmore, Black, Majors, Hall, Beehan, Hart, Dillard, Brown, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Shulman, Holloway, Jenkins, Turner, Williams, and Tygard (23); “Noes” Ferrell, Tucker, Nollner, Campbell, Hand, Summers (6); “Abstaining” Briley, Dread, Balthrop, Ponder, Sontany, Alexander, Kerstetter (7).


BILL NO. BL2003-1376

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 RM6 district property at 735 Tulip Grove Road, approximately 800 feet north of Chandler Road, (17.41 acres), all of which is more particularly described herein (Proposal No. 2002Z-110G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Brown moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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 deferred by the Traffic and Parking Commission; and approved by the Budget and Finance and Traffic and Parking Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “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 and the Planning, Zoning and Historical Committee. Mr. Campbell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “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 re-referred to the Planning Commission; the Planning, Zoning and Historical Committee recommended withdrawal. Mr. Wallace moved to withdraw the bill at the request of petitioner 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 approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Haddox moved to pass the bill on third reading, which motion was seconded. Ms. Tucker moved to defer the bill, which motion was seconded. Mr. Summers moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. Mr. Nollner called for the previous question, which motion was seconded and adopted by a roll call vote of the Council. The matter recurred on the motion to pass on third reading, which motion was adopted by the following vote: “Ayes” Ferrell, Majors, Beehan, Campbell, Dillard, Balthrop, Ponder, Derryberry, Stanley, Loring, Hausser, Wallace, Haddox, Whitmore, Summers, Sontany, Alexander, Holloway, Jenkins, Turner, and Williams (21); “Noes” Tucker, Dread, Black, Nollner, Hart, Brown, McClendon, Greer, Bogen, Shulman, Kerstetter, Tygard (12); “Abstaining” Briley, Gilmore, Hall (3).


BILL NO. BL2003-1450

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 located at White's Creek Pike (unnumbered), (.55 acres), all of which is more particularly described herein (Proposal No. 2003Z-079G-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to defer the bill indefinitely, the bill being requested by J. Craig Dowell, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-1459

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS10 district property located at 2544, 2558 and 2572 Una Antioch Pike, (13.3 acres), all of which is more particularly described herein (Proposal No. 2003Z-077U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. . Mr. Alexander moved to defer the bill indefinitely, the bill being requested by Don Thornberry, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-1460

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 R15 district to RM6 (14.18 acres) and RS10 (28.49 acres) districts property at Rural Hill Road (unnumbered), abutting the northern margin of Rural Hill Road, (42.67 acres), all of which is more particularly described herein (Proposal No. 2003Z-070U-13). The bill was approved by the Planning Commission and the 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


BILL NO. BL2003-1461

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a phase of the Residential Planned Unit Development located abutting the northwest margin of Rural Hill Road and the eastern margin of Moss Road, classified R15 and proposed for RM6 and RS10, (42.67 acres), to permit the development of 92 single-family lots and 85 condominium units to replace the approved and undeveloped 140 single-family lots, all of which is more particularly described herein, (Proposal No. 28-79-U-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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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 district to MUL district property at 1320 Briarville Road, (0.64 acres), all of which is more particularly described herein (Proposal No. 2003Z-086G-04). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Majors offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Majors moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Stanley, Loring, McClendon, Greer, Hausser, Haddox, Whitmore, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (31); “Noes” (0); “Abstaining” Derryberry, Wallace (2).


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 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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 and Planning, Zoning and Historical Committee. Mr. Alexander offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Alexander moved to pass the bill on third reading, as amended, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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 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, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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 bill was disapproved by the Traffic and Parking Commission; the Traffic and Parking and Public Safety-Beer, Wine and Whiskey Committees recommended withdrawal at the request of the sponsor. Mr. Brown moved to withdraw the bill, 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 bill was approved by the Public Works Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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. 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 third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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. The bill was approved by the Budget and Finance, Transportation and Aviation, and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


BILL NO. BL2003-1528

An ordinance authorizing the Metropolitan Government to participate with Copperstone Development to provide sewer services in Williamson County. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Hall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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. The bill was approved by the Budget and Finance Committee. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37), “Noes” (0).


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. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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. The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).

BILL NO. BL2003-1532

An ordinance accepting an advance distribution from the estate 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. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Hart moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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. The Budget and Finance Committee approved the bill with an amendment. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Public Works, and Planning, Zoning and Historical Committees. Mr. Haddox moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Public Works and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Public Works, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Public Works and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Black moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


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). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: Ayes” Ferrell, 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, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).

Mr. Ferrell moved that all Resolutions and Ordinances still pending at this time be withdrawn, which motion was seconded and adopted by a unanimous vote of the Council. The Resolutions and Ordinances withdrawn are as follows:

RESOLUTIONS

RS99-23
RS2000-163
RS2000-214
RS2000-216
RS2000-221
RS2000-222
RS2000-274
RS2000-300
RS2000-337
RS2000-364
RS2000-366
RS2000-447
RS2001-483
RS2001-494
RS2001-560
RS2001-708
RS2001-743
RS2001-744
RS2001-754
RS2001-768
RS2001-878
RS2001-879
RS2002-926
RS2002-947
RS2002-952
RS2002-976
RS2002-1034
RS2002-1039
RS2002-1119
RS2002-1120
RS2002-1121
RS2002-1173
RS2002-1205
RS2003-1309
RS2003-1310
RS2003-1350
RS2003-1372
RS2003-1375
RS2003-1557

ORDINANCES

BL99-13
BL99-14
BL99-23
BL99-33
BL99-35
BL99-40
BL99-48
BL99-67
BL99-88
BL99-114
BL99-116
BL99-119
BL2000-155
BL2000-165
BL2000-166
BL2000-173
BL2000-210
BL2000-222
BL2000-224
BL2000-226
BL2000-229
BL2000-237
BL2000-238
BL2000-239
BL2000-245
BL2000-257
BL2000-262
BL2000-272
BL2000-273
BL2000-309
BL2000-310
BL2000-366
BL2000-373
BL2000-423
BL2000-424
BL2000-459
BL2000-462
BL2000-463
BL2000-470
BL2000-471

BL2000-472
BL2000-482
BL2000-484
BL2000-494
BL2000-516
BL2000-525
BL2000-530
BL2000-532
BL2000-539
BL2001-596
BL2001-627
BL2001-659
BL2001-686
BL2001-704
BL2001-710
BL2001-723
BL2001-729
BL2001-742
BL2001-743
BL2001-746
BL2001-747
BL2001-748
BL2001-766
BL2001-800
BL2001-819
BL2001-822
BL2001-829
BL2001-835
BL2001-857
BL2001-875
BL2001-888
BL2001-889
BL2001-892
BL2001-913
BL2001-914
BL2001-915
BL2002-946
BL2002-947
BL2002-957
BL2002-963
BL2002-966
BL2002-967
BL2002-1018
BL2002-1076
BL2002-1101
BL2002-1104
BL2002-1107
BL2002-1112
BL2002-1114
BL2002-1116
BL2002-1135
BL2002-1146
BL2002-1147
BL2002-1157
BL2002-1159
BL2002-1184
BL2002-1185
BL2002-1204
BL2002-1206
BL2002-1207
BL2002-1247
BL2002-1268
BL2002-1285
BL2003-1297
BL2003-1311
BL2003-1333
BL2003-1375
BL2003-1377
BL2003-1400
BL2003-1420
BL2003-1450
BL2003-1459
BL2003-1475
BL2003-1486
BL2003-1489
BL2003-1506

Mr. Ferrell moved that the Council adjourn sine die and that the President be authorized to sign the Minutes of the meeting of August 19, 2003, which motion was seconded and adopted without objection.

Upon motion duly seconded, the meeting was adjourned.