Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, November 18, 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 Councilman Buck Dozier.

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: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (38); Absent: Crafton, Summers, Alexander (3).


- ELECTIONS AND CONFIRMATIONS -


Beer Permit Board
Reappointment of Mr. Gary Brown for a term expiring October 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Charles Campbell for a term expiring October 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Albert Cocke for a term expiring October 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Tamara Hart Jameson for a term expiring October 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a voice vote of the Council, with Mr. Jameson abstaining.

Reappointment of Mr. Gordon Larkins for a term expiring October 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded. Mr. Wallace moved to defer the confirmation and re-refer it to the Rules-Confirmations-Public Elections Committee, which motion was seconded and failed by a voice vote of the Council. The matter recurred on the motion to confirm, which motion was adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Gilmore, Isabel, Hughes, Craddock, Murray, Cole, Hart, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (30); “Noes” Forkum, Ryman (2); “Abstaining” Dozier, Jameson, Wallace, Toler (4).

Reappointment of Ms. Joy Sims for a term expiring October 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Samuel Whitmon for a term expiring October 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Community Corrections Advisory Board
Reappointment of Ms. Mary Vowels for a term expiring August 31, 2005. In the absence of the appointee, the confirmation was deferred.


- RESOLUTIONS -

RESOLUTION NO. RS2003-9

A resolution requesting the Mayor’s Office, the Metropolitan Board of Public Education, and the Director of Schools to establish guidelines for and implement a performance incentive program for teachers and other Board of Education employees. The resolution was approved by the Education Committee. Mr. Wallace offered a substitute resolution and moved that it be accepted for filing and no objection was made.


SUBSTITUTE RESOLUTION NO. RS2003-9

A resolution requesting the Mayor’s Office, the Metropolitan Board of Public Education, and the Director of Schools to establish guidelines for and implement a performance incentive program for teachers and other Board of Education employees. Mr. Wallace moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Gilmore, Isabel, Hughes, Craddock, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Kerstetter, Williams, Tygard (25); “Noes” Tucker, Briley, Murray, Jameson, Greer, Coleman (6); “Abstaining” McClendon, Wilhoite, Toler, Bradley (4).


RESOLUTION NO. RS2003-30

A resolution requesting the Metropolitan Police Department to consider designating a special police unit called “Safe Passage” to protect elementary and middle school children walking to school or to the bus stop to minimize the incidence of kidnapping and abduction, and to study the feasibility of using officers as they change shifts for this program to minimize costs. The resolution was approved by the Education and Public Safety-Beer, Wine and Whiskey Committees. Ms. Gilmore moved to defer the resolution to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-33

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow the Metropolitan County Council to enact legislation which requires more open and complete disclosure of financial information in elections for positions created by the Metropolitan Charter of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to adopt the resolution, which motion was seconded. After discussion, Mr. Adkins 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, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Briley, Gilmore, Hughes, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, McClendon, Hausser, Wallace, Walls, Whitson, Shulman, Adkins, Foster, Toler, Coleman, Bradley, Williams, Tygard (27); “Noes” Tucker, Isabel, Hart, White, Loring, Greer, Whitmore, Wilhoite, Kerstetter (9).


RESOLUTION NO. RS2003-35

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require that the requirements for a license issued by the Tennessee Alcoholic Beverage Commission to establishments located in Davidson County for sale and consumption of alcoholic beverages comport with the minimum distance requirements of the Metropolitan Government for the issuance of on-sale beer permits. The resolution was deferred by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to defer the resolution in the absence of the co-sponsor, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-46

A resolution requesting the Metropolitan Planning Commission to evaluate the current community education standards in the Zoning Code, and to recommend any modifications necessary to ensure such facilities receive appropriate review. The resolution was approved by the Planning, Zoning and Historical Committee with an amendment. Ms. Hausser moved to defer the resolution at the request of the sponsor, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-59

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact enabling legislation that would allow the Metropolitan Government to create a Community Environmental Court. The Codes, Fair and Farmers Market Committee recommended deferment. Ms. Gilmore moved to defer the resolution to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-60

A resolution requesting the Mayor, the Metropolitan Department of Human Resources, and all department heads of the Metropolitan Government to declare a moratorium on the hiring of employees that are not residents of Davidson County. The resolution was disapproved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Wallace moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-61

A resolution requesting the Federal Communications Commission, the President of the United States George W. Bush, Senate Majority Leader Bill Frist, the United States Senate, Speaker of the House J. Dennis Hastert, the United States House of Representatives, and the Tennessee Congressional Delegation to examine the feasibility of requiring all wireless telecommunication providers to charge customers only for the amount of time per call actually used and allow customers to carryover unused minutes. The resolution was deferred by the Budget and Finance Committee. Mr. Wallace moved for a suspension of the rules to override the committee recommendation, and there was objection by Ms. Williams. Pursuant to Rule 23 of the Rules of Procedure of the Council, the resolution was deferred.


RESOLUTION NO. RS2003-62

A resolution requesting the Mayor’s Office, the Metropolitan Board of Public Education, and the Director of Schools to base the design of new school buildings to be constructed on the expected future growth of the area from which the students will attend to avoid the overcrowding of schools and the use of portable classrooms. The resolution was approved by the Education Committee. Mr. Wallace moved to adopt the resolution, which was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-63

A resolution requesting the Tennessee Department of Safety to review its process of issuing temporary license tags and requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the appropriate legislation to provide further restrictions on the issuance of more than one “temporary tag” for the operation of a motor vehicle without just cause. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-64

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary enabling legislation to allow the Metropolitan Government to license and regulate trailers drawn by motor vehicles. The resolution was deferred by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-65

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation, to the extent Constitutionally permissible, to allow local law enforcement agencies to seize vehicles used for illegal dumping. The resolution was deferred by the Public Works Committee. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-66

A resolution setting a public hearing on amending and extending the License and Franchise Agreement of Nashville Gas Company. The resolution was approved by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-67

A resolution supplementing and amending a resolution of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government’s General Obligation Multi-Purpose Bonds, Series 2003.

The Clerk reported that the following bids were received on this date for the sale of The Metropolitan Government of Nashville and Davidson County's $128,350,000 General Obligation Multi-Purpose Bonds, Series 2003:

NAME OF BIDDER TRUE INTEREST COST
Morgan Keegan & Company, Inc. 4.193120%
Goldman, Sachs & Company 4.194140%
Merrill Lynch & Co. 4.195555%
UBS Financial Services Inc. 4.198337%
Citigroup Global Markets, Inc. 4.205893%
Stephens Inc. 4.232661%
RBC Dain Rauscher 4.240484%

The report of the bids received on The Metropolitan Government of Nashville and Davidson County’s $128,350,000 General Obligation Multi-Purpose Bonds, Series 2003 recommended acceptance of the bid of Morgan Keegan & Company, Inc. at 4.193120%.

Ms. Gilmore offered a substitute resolution and moved that it be accepted for filing and no objection was made.


SUBUSTITUTE RESOLUTION NO. RS2003-67

A resolution supplementing and amending a resolution of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government’s General Obligation Multi-Purpose Bonds, Series 2003. The substitute resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-68

A resolution to accept funds from the State of Tennessee, Department of Environment and Conservation, for the recycling rebate allocation. 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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2003-69

A resolution appropriating $160,000 of Urban Development Action Grant Repayment Funds for affordable housing activities at Historic Preston Taylor Homes. The resolution was approved by the Federal Grants Review Committee. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-70

A resolution approving an amendment to extend, for four additional months, a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting through the Police Department and Acton Mobile Industries, Inc. for a modular building for the training academy. The resolution was adopted by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Dread moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-71

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 library services for the deaf and hard of hearing and materials for the disadvantaged. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-72

A resolution approving an EPA Cooperative 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, decreasing the grant in the amount of $157,119 for participation in the Ozone Mapping Project under the Environmental Monitoring for Public Access and Community Tracking Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-73

A resolution approving a contract in the amount of $52,700 between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and The National Health Care for the Homeless Council (NHCHC) to fill the position of TennCare Shelter Enrollment Coordinator. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-74

A resolution approving an agreement between Belmont University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide public health training for student nurses. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-75

A resolution approving an agreement between Aquinas College and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide public health training for student nurses. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-76

A resolution approving an agreement between Vanderbilt University, School of Nursing and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide public health training for student nurses. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-77

A resolution approving a Grant Agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health and the U.S. Department of Housing and Urban Development for the implementation of a Homeless Management Information System. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-78

A resolution accepting a grant agreement between the State of Tennessee, Tennessee Commission on Children and Youth and The Metropolitan Government of Nashville and Davidson County for the provision of Juvenile Accountability Incentive Block Grant Program Services. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-79

A resolution approving a lease between The Metropolitan Government of Nashville and Davidson County and Imagistic/Pitney Bowes of fifty-two copiers for the use of the Metropolitan Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-80

A resolution accepting payment to The Metropolitan Government of Nashville and Davidson County in the amount of $48,136.54 and authorizing the Metropolitan Department of Law to settle the subrogation claim of the Metropolitan Government against Henry S. Tarpley. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-81

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Lonzie Wade against the Metropolitan Government (Lonzie Wade v. Metropolitan Government, Circuit Court 02C-2973) for an amount not to exceed $12,000.00 and directing that this amount be paid from the Metro Self-Insured Liability account. The resolution was approved by the Budget and Finance Committee with an amendment. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-82

A resolution compromising and settling the restoration portion of the claim of Billy R. Johnson against The Metropolitan Government of Nashville and Davidson County for an amount not to exceed $21,753.67 and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


RESOLUTION NO. RS2003-83

A resolution approving the compromise and settlement of the lawsuit of Willie Marable against the Metropolitan Government of Nashville and Davidson County for the amount of forty thousand dollars ($40,000) and directing that this amount be paid out of the Judgments and Losses Fund. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -


BILL NO. BL2003-51

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 Commercial Planned Unit Development located abutting the west margin of Briley Parkway, south of Glastonbury Road, classified CL (2.69 acres), approved for a 8,000 square foot restaurant and a vehicular rental facility, all of which is more particularly described herein (Proposal No. 134-78-U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2003-52

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 district to RM4 district properties at 2122, 2124 and 2200 Hobbs Road located on the north margin of Hobbs Road and the northern terminus of Stammer Place (5.08 acres), all of which is described herein (Proposal No. 2003Z-128U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2003-53

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 Hobbs Road (5.08 acres), classified R20 district and proposed for RM4 district, the provisions of a Planned Unit Development District, to permit the development of 20 multi-family units in ten buildings (Proposal No. 2003P-013U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2003-54

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 Residential Planned Unit Development, classified RM20 (33.61 acres), approved for 480 multi-family units, located at Meridian Street and Foster Street, all of which is more particularly described herein (Proposal No. 2003P-015U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2003-55

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 RM40 district (2.96 acres) property at 468 Ponder Place and from MUG district to IWD district (4.86 acres) property at Great Circle Road (unnumbered), abutting the east margin of 10th Avenue North and 1,500 feet east of Athens Way, (7.82 total acres), all of which is described herein (Proposal No. 2003Z-099U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2003-56

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 district to OL district property at Southgate Avenue (unnumbered), at the northern terminus of Stewart Place, (1.69 acres), all of which is more particularly described herein (Proposal No. 2002Z-125U-11). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2003-57

An ordinance authorizing the Department of Finance to accept donations for the use and benefit of the Caring for Children program. 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. BL2003-58

An ordinance amending Section 3.24.020 of the Metropolitan Code of Laws to authorize an “in-line-of-duty medical treatment network” pilot program. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel- Public Information-Human Relations-Housing Committees by a voice vote of the Council.


BILL NO. BL2003-59

An ordinance amending Section 7.16.030 of the Metropolitan Code of Laws to allow liquor sales at retail locations on collector streets. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.


BILL NO. BL2003-60

An ordinance authorizing the acquisition of property by negotiation or condemnation for the Stewarts Ferry Pike at McCampbell Avenue Intersection improvements for realignment of McCampbell Avenue, signalization of intersection, and addition of turn lanes on both roads, along with addition and installation of sidewalks Project No. 02-R-07 (Proposal No. 2003M-123U-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.


BILL NO. BL2003-61

An ordinance abandoning and relocating a portion of a sewer line and easement upon installation and acceptance of proposed relocation. Metropolitan Government agrees to abandon existing sewer line and easement on Map 93-11, Parcel 12, of Project No. 02-SL-188, Frank May Property Easement Abandonment and Relocation (Proposal No. 2003M-038U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.


BILL NO. BL2003-62

An ordinance to increase an easement located at 100 Second Avenue North, on the west margin of Cement Plant Road, by 300 square feet to allow for expansion of an existing gas pipeline, Map 82, Parcel 20. (Proposal No. 2003M-094U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.


BILL NO. BL2003-63

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (2003M-121U-00). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2003-64

An ordinance authorizing the Annual Update to the Consolidated Plan for Housing and Communtiy Development programs to the U.S. Department of Housing and Urban Development. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review Committee by a voice vote of the Council.


- BILLS ON SECOND READING -

BILL NO. BL2003-1

An ordinance amending the Metropolitan Code of Laws to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits. The bill was deferred by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to defer bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-2

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 requirement for the issuance of beer permits pertaining to one and two family dwellings. Mr. Dread moved to withdraw the bill, as it appears the process is working satisfactorily, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-3

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 defer the bill on second reading while discussions with waste haulers continue, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-4

An ordinance amending Section 12.72.080 of the Metropolitan Code of Laws regarding the storage and removal requirements of stolen motor vehicles. The bill was deferred by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to defer the bill to the second meeting in May 2004, to allow the Police Department adequate time to develop and bring back a response to the Council, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-6

An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of a new Antioch Middle School and a future elementary school in the Pettus Road area, for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2003M-097G-12). The bill was approved by the Planning Commission, Budget and Finance, Education, and Planning, Zoning and Historical Committees. Ms. Wilhoite moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-11

An ordinance amending the Metropolitan Code of Laws to designate responsibility to the Metropolitan Board of Parks and Recreation to approve markers and stones, prior to installation, in the cemeteries owned by the Metropolitan Government to ensure that they are in keeping with the historic nature of the cemetery. Mr. Shulman moved to withdraw the bill, as he is working with the Historical Commission on the issue, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-14

An ordinance authorizing the Metropolitan Mayor to enter into a license agreement with Wal-Mart Stores East, LP allowing the Metropolitan Government Department of Public Works to place 14 recycling bins at Wal-Mart Store #710, located at 4101 Lebanon Pike, Hermitage, Tennessee, and authorizing approval of all future license agreements with Wal-Mart Stores East, LP by resolution (Proposal No. 2003M-089G-14). The bill was approved by the Planning Commission, Planning, Zoning and Historical Committee and Public Works Committees; the Budget and Finance Committee approved the bill with an amendment. Mr. Brown moved to defer the bill on second reading until an amended contract is filed, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-31

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-32

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before May, 20, 2003. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-34

An ordinance authorizing the Mayor's Office of Neighborhoods to accept cash donations and to appropriate sponsorship money that has been received into the general fund for the purpose of underwriting the cost of the "Celebrating Neighborhoods" conference to be held on November 22, 2003. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-35

An ordinance amending Title 3 of the Metropolitan Code of laws relative to employee benefits in order to comply with federal requirements for qualified plans. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Kerstetter moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-36

An ordinance amending and extending the License and Franchise of Nashville Gas Company (formerly Nashville Gas and Heating Company), a Tennessee corporation, for an additional period. The bill was approved by the Budget and Finance Committee with an amendment. Ms. Gilmore moved to offer Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore 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. BL2003-37

An ordinance approving a corrected deed conveying certain real property interests to the Nashville & Eastern Railroad Authority in connection with construction of the Gateway Boulevard project (Proposal No. 2003M-120U-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 second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-38

An ordinance amending Section 13.08.040 of the Metropolitan Code of Laws to require that street vendors at all times be in possession of, but not wear, I.D. badges issued by the County Clerk. The bill was deferred by the Codes, Fair and Farmers Market Committee. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-39

An ordinance amending Section 2.20.040 of the Metropolitan Code by requiring the Director of Codes Administration to make certain reports to Members of Council on permits issued, inspections made and complaints acted upon by the Department of Codes Administration. The bill was approved by the Codes, Fair and Farmers Market Committee. 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. BL2003-40

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before August 19, 2003. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-41

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2003-2004. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-42

An ordinance amending Section 2.56.400 of the Metropolitan Code of Laws by changing the name of Justice Information System to “Justice Integration Services.” The bill was approved by the Budget and Finance Committee. Mr. Dread moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-43

An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $42,711.00. The bill was approved by the Budget and Finance, Public Works and Public Safety-Beer, Wine and Whiskey Committees. Mr. Dread moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-44

An ordinance authorizing RAM Partners, LLC. to construct, install, and maintain a sign on the public right-of-way located at 100 Riverchase Boulevard, (Proposal No. 2003M-108G-04). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-45

An ordinance to abandon and relocate an existing 8” sanitary sewer line and easement located on Map 117-15, Parcels 111-113 of Project No. 03-SL-039, Observatory Dr., Green Hills Subdivision, Phase 1 (Proposal No. 2003M-090U-10). The bill was approved by the Planning Commission, Public Works 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. BL2003-46

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. 03-D-0404, Lauderdale Road Public Utility Drainage Easement, Stormwater (Proposal No.2003M-078U-10). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees; the Public Works Committee recommended deferment. Ms. Hausser moved to defer the bill on second reading at the request of the sponsor, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-47

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 Argyle Avenue and changing the name of portions of Argyle Avenue to East and West Argyle Avenue (Proposal No. 2003M-100U-10). The bill was disapproved by the Planning Commission, approved by the Traffic and Parking Commission, ECD Board, Public Works and Planning, Zoning and Historical Committees; and the Traffic and Parking Committee recommended deferment. Mr. Greer moved that the rules be suspended to override the committee recommendation, and objection to the suspension was made. Pursuant to Rule 23 of the Rules of Procedure of the Council, the resolution was deferred.


BILL NO. BL2003-48

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 #1065, located between the properties of 1338 and 1324 Brick Church Pike, (Proposal No. 2003M-099U-03). The bill was approved by Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Isabel 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 -

BILL NO. BL2003-5

An ordinance accepting donations to the Metropolitan Police Department Police Surveillance and Investigative Support Unit in the total amount of one thousand dollars ($1,000.00) from the Target Department Stores and appropriating this amount to The Metropolitan Government of Nashville and Davidson County, Department of Police, for support of audio and video equipment for the Surveillance and Investigative Support Unit. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-7

An ordinance authorizing the acquisition of property by negotiation or condemnation along John Hager Road for widening of existing road to accommodate a future three lane section, curb and gutter, grass strip, sidewalk, storm drainage and associated improvements, Project No. 03-R-06 (Proposal No. 2003M-110G-14). The bill was approved by the Planning Commission, Budget and Finance, Public Works 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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitson, Shulman, Adkins, Foster, Wilhoite, Toler, Bradley, Williams, Tygard (31); “Noes” (0); “Abstaining” Cole, Hart, Gotto, Whitmore, Coleman (5).


BILL NO. BL2003-9

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning and relocating a portion of Alley #889 (Proposal No. 2003M-066U-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. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-10

An ordinance amending the Metropolitan Code of Laws to require the display of certain information on commercial trucks used in the collection or transporting of used tires. The bill was approved by the Public Works Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2003-12

An ordinance to abandon the sewer line and easement on Map 104-15, Parcels 179, 182, and 205 and Map 104-16, Parcel 5 of Project 99-SL-187, Harris Teeter Grocery/Office. (Proposal No. 2000M-061U-10). The bill was approved by the Planning Commission, Public Works 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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-13

An ordinance abandoning and relocating a portion of an 8” Sanitary Sewer and Easement located on Map 52, Parcel 010.00 of Project No. 03-SG-022, Pennington Bend Road (Proposal No. 2003M-079G-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-15

An ordinance authorizing the Metropolitan Mayor to enter into a license agreement with Nashville & Eastern Railroad Corporation allowing the Metropolitan Government Department of Public Works to install an electric line across the railroad right-of-way and under the railroad tracks owned by Nashville and Eastern Railroad Corporation at 3,130 ft. westerly, measured along the centerline of the main track from M.P. 1.0 (Actual M.P. .04), and authorizing approval of all future Nashville & Eastern Railroad Corporation license agreements by resolution (Proposal No. 2003M-088-U11). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-16

An ordinance authorizing the acceptance of a donation of certain property being part of Tax Map 150-00 Parcel 190 located at N/E corner Hamilton Church Road and Mt. View Road to The Metropolitan Government of Nashville and Davidson County Tennessee, for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2003M-096U-13). The bill was approved by the Planning Commission, Budget and Finance, Education, Public Works and Planning, Zoning and Historical Committees. Mr. Bradley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-17

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM4 district to RM6 district properties at 5606 Cloverland Drive, Old Hickory Boulevard (unnumbered), and 675 Old Hickory Boulevard, abutting the southeast margin of Cloverland Drive and Old Hickory Boulevard, (3.76 acres), all of which is described herein (Proposal No. 2003Z-100U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-18

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 district to MUL district properties at 4928 and 4932 Nolensville Pike, and a portion of property at Nolensville Pike (unnumbered), located abutting the south margin of Edmondson Pike, west of Nolensville Pike, (10.06 acres), all of which is described herein (Proposal No. 2003Z-119U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2003-19

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 a portion of the undeveloped Commercial Planned Unit Development located abutting the corner of Whites Creek Pike and Union Hill Road, classified CL, (2.82 acres), all of which is described herein, (Proposal No. 126-74-G-01). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hughes moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-21

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 CS district property at Donelson Pike (unnumbered) located at the southern terminus of Upshaw Drive, at the northwest corner of Donelson Pike and I-40 (3.31 acres), all of which is described herein (Proposal No. 2003Z-104U-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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-22

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 IO district to various properties located between Belmont Boulevard and Lealand Lane, and along both margins of Granny White Pike, (98.05 acres), all of which is described herein (Proposal No. 2002Z-051U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Shulman moved to defer bill on third reading while additional details to the plan are being worked out, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-23

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 Whites Creek Pike (unnumbered), (.55acres), 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. Mr. Hughes moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-24

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 northeast corner of 5th Avenue North and Madison Street, classified MUN, (.29 acres), the provisions of a Planned Unit Development District, to permit a restaurant within the Mixed Use Development to have an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, (Proposal No. 2003P-012U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-27

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 RS7.5 district and R10 district to RS10 district various properties located east of Nolensville Pike, south of Thompson Lane and west of I-24, (640.81 acres), all of which is described herein (Proposal No. 2003Z-103U-11). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-28

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL district to CS district property at Highway 100 (unnumbered), abutting the southern margin of Highway 100, (0.51 acres), all of which is described herein (Proposal No. 2003Z-051G-06). 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” Dozier, Neighbors, Briley, Dread, Gilmore, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); “Noes” Cole (1); “Abstaining” Tucker, Isabel (2).


BILL NO. BL2003-29

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 four parcels located at 8141, 8121 and 8175 Highway 100, and Highway 100 unnumbered, (10.42 acres), all of which is described herein (Proposal No. 2003Z-112G-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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


BILL NO. BL2003-30

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 Commercial Planned Unit Development located abutting the south margin of Highway 100, opposite Collins Road, classified RS40 and proposed for CL, (10.42 acres), to permit the addition of a fuel pumping station to replace an undeveloped bank, all of which is described herein, (Proposal No. 97P-019G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


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