Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, Februrary 17, 2004


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

The invocation was offered by Councilmember Pam Murray.

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

Ms. McClendon moved to correct the minutes of the January 20, 2004 and February 3, 2004 meetings by removing the amendment correcting the minutes of the January 20, 2004 meeting that was offered at the meeting of the February 3, 2004 meeting by Ms. Wilhoite, which motion was seconded and adopted by a voice vote of the Council.

Ms. McClendon, Chair of the Rules-Confirmations-Public Elections Committee, reported that the Committee had considered and recommended the proposed Rules of Procedure of the Metropolitan Council, as distributed, and which will be acted on at the next meeting of the Council.


- MOTION TO RECONSIDER -

BILL NO. BL2003-114

An ordinance approving an increase in the basic rate charged by the division of emergency ambulance and rescue service for the transportation of patients to hospitals to $650.00 with an additional charge of $5.00 per mile effective January 1, 2004. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. The motion to reconsider failed by the following vote: “Ayes” Tucker, Isabel, Hart, Wallace, Walls, Adkins, Wilhoite, Kerstetter (8); “Noes” Neighbors, Briley, Dread, Gilmore, Hughes, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Whitmore, Crafton, Foster, Alexander, Coleman, Bradley, Williams, Tygard (26); Abstaining “ Summers, Shulman, Toler (3).


- ELECTIONS AND CONFIRMATIONS -

Metropolitan Nashville Arts Commission
Reappointment of Ms. Barbara G. Chazen to the Metropolitan Nashville Arts Commission for a term expiring January 1, 2008. Without objection, the confirmation was deferred.

CATV Special Committee
Appointment of Mr. Eric Butler to the CATV Special Committee for a term expiring March 1, 2007. Without objection, the appointment of Mr. Butler was withdrawn.


- RESOLUTIONS -

RESOLUTION NO. RS2003-88

A resolution requesting the Metropolitan Police Department to enforce the Metropolitan Code provisions prohibiting the collection of garbage during certain hours. The Public Works and Public Safety-Beer, Wine and Whiskey Committees recommended indefinite deferment. Mr. Wallace moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-134

A resolution requesting the Department of Public Works and the Nashville Fire Department to store salt used for road deicing at fire halls across Davidson County and to have Public Works personnel across the County on-call near the fire halls to decrease the amount of time necessary to mobilize the salt trucks in the event of a snow or ice storm. The Public Works and Public Safety-Beer, Wine and Whiskey Committees recommended indefinite deferment. Mr. Wallace moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-136

A resolution requesting the Metropolitan Transit Authority to design and implement a downtown “Free Ride Zone” program. The resolution was approved by the Transportation and Aviation and Public Works Committees with an amendment. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-159

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 of Nashville and Davidson County to impose and collect impact fees. The Budget and Finance Committee recommended indefinite deferment. Mr. Alexander moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-161

A resolution requesting Nashville Gas Company to stagger the due dates for senior citizens to coincide with the dates on which they receive their Social Security or pension check, and requesting Nashville Electric Service to increase its publicity efforts regarding its social security payment program. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-163

A resolution approving an amendment to Paragraph 8.05 of the December 4, 1994 Lease Agreement (“Lease”) between the Metropolitan Government (“Tenant”) and Meharry Medical College (“Landlord”) in order to permit Tenant, or its Sublessee or Assignee, to vacate any portion of the leased premises in the same manner as that paragraph now permits Tenant to vacate the entire premises upon thirty (30) days written notice to landlord. 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” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-171

A resolution repealing Resolution No. RS2004-129 recognizing the Cherokee Wolf Clan. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-172

A resolution proclaiming Saturday, February 21, 2004 as “Perry Wallace Day” in Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Hausser moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-173

A resolution proclaiming February 22, 2004, as National Recreational Sports and Fitness Day in Nashville Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Hausser moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-174

A resolution requesting the Metropolitan Board of Public Education to consider a requirement for uniforms for students in the public school system. The Education Committee recommended deferment. Mr. Crafton moved to moved to defer the resolution, upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-175

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support and enact legislation to allow home school graduates to obtain Tennessee HOPE scholarships on the same basis as graduates of eligible high schools. The resolution was approved by the Education Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-176

A resolution requesting the Mayor, the Metropolitan Department of Human Resources, the Department of Law and all other departments and agencies of the Metropolitan Government to develop a plan to give a preference to qualified Davidson County residents for employment with the Metropolitan Government. The resolution was disapproved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded. Mr. Crafton offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. After discussion, Mr. Jameson 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 as amended, which motion was adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Alexander, Wilhoite, Toler, Coleman, (27); “Noes” Jameson, Gotto, Shulman, Adkins, Foster, Kerstetter, Bradley, Williams, Tygard (9); “Abstaining” Cole (1).

RESOLUTION NO. RS2004-177

A resolution requesting the Department of Public Works to take the necessary steps to secure funding for and purchase surveillance equipment to monitor illegal dumping and littering. The resolution was approved by the Public Works and Public Safety-Beer, Wine and Whiskey Committees with an amendment. Mr. Forkum offered Amendment No. 1 moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Forkum moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-178

A resolution accepting the Bordeaux-Whites Creek 2003 Update adopted by the Metropolitan Planning Commission on September 25, 2003 and amended on January 22, 2004. The resolution was approved by the Planning Commission and the Planning, Zoning and Historical Committee with an amendment. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded 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” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-179

A resolution amending Resolution No. RS2002-920, as amended, to permit council infrastructure funds to be used for right-of-way improvements including the installation of flagpoles and median reconstruction. The resolution was approved by the Public Works Committee. Mr. Hart moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-180

A resolution expressing opposition to the proposed convenience center site on the eastern side of the Nashville State Community College property. The resolution was approved by the Public Works Committee. Letters in support of the resolution were filed for the record. Mr. Summers moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-181

A resolution approving a group services agreement between Victory Health Plans, Inc., and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Health, under which the Department of Health agrees to provide early periodic screening, diagnostic and treatment services to persons enrolled in TennCare and assigned to Victory Health Plans, Inc. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0); Abstaining “Shulman (1).

RESOLUTION NO. RS2004-182

A resolution approving a donation from the James Stephen Turner Charitable Foundation to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Nashville Arts Commission, in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00), to research, discuss, and recommend opportunities for art in transit projects. The resolution was approved by the Budget and Finance Committee. Mr. Jameson moved to defer the resolution so that information can be obtained from the Arts Commission, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-183

A resolution approving an interlocal agreement by and between the Metropolitan Government and the Emergency Communications District providing that the Metropolitan Government will handle procurements for the Emergency Communications District through the Purchasing Division of the Department of Finance. 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” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-184

A resolution approving a contract between The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Health and the Department of Health of the State of Tennessee for the provision of $28,000 for environmental testing for particulate matter 2.5 air filters and other laboratory tests as required. 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” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-185

A resolution approving the compromise and settlement of the lawsuit of Marco Golliday, a minor, by and through his next friend, Bessie Brown, against the Metropolitan Government for the amount of Seventy-Five Thousand ($75,000.00) Dollars, and directing that this amount be paid from 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” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).


- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-169

An ordinance approving and authorizing the Metropolitan Mayor to execute an Amended Agreement extending certain contracts between the City of Goodlettsville and the Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2004-170

An ordinance amending Section 13.40.040 of the Metropolitan Code of Laws to require that signs indicating the fee to be charged for parking be displayed at the entrance of parking lots and garages used for special event parking. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Committee by a voice vote of the Council.

BILL NO. BL2004-171

An ordinance to abandon a sewer easement on Map 85-12-A, Parcel 40, Rivers Edge/Jackson Downs, Project No. 92-SL-102 (Proposal No. 99M-155U-14). The bill was approved by 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. BL2004-172

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-SG-128, Harding Place Extension 8” Sanitary Sewer/T.D.O.T. widening of Murfreesboro Pike (Proposal No. 2003M-126U-13). The bill was approved by Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.


BILLS ON SECOND READING -

BILL NO. BL2003-94

An ordinance amending Section 10.20.300 of the Metropolitan Code of Laws to prohibit the collection of garbage between the hours of eleven p.m. and seven a.m., and to include a permit forfeiture provision for multiple violations of the hours of collection restriction. The Public Works Committee recommended indefinite deferment. Mr. Wallace moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-122

An ordinance amending Sections 13.20.030 and 13.20.090 of the Metropolitan Code of Laws relating to the control of traffic in temporary work zones. The Public Works and Traffic and Parking Committees recommended indefinite deferment. Mr. Wallace moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-125

An ordinance naming the new North Police Precinct Station as the “William David Bodenhamer Building”. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Isabel moved to pass the bill on second reading, which motion was seconded. After discussion, Mr. Coleman 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 second reading, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-134

An ordinance authorizing the Metropolitan Government to enter into a Participation Agreement with Tiara Development, to provide public sewer service to Willowmet Subdivision, Phase Three, Project No. 02-SL-105, in Williamson County. The bill was approved by the Budget and Finance and Public Works Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-157

An ordinance amending Section 6.08.070.1C(c) of the Metropolitan Code of Laws regarding requirements for an annual financial report submitted by grantees of cable television franchises. The bill 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 without objection. 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. BL2004-158

An ordinance granting an easement to Colonial Pipeline Company and accepting $1,000 in consideration, at 1600 Second Avenue North, on the west margin of Cement Plant Road, 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, Budget and Finance, 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. BL2004-159

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-WG-153, Omohundro 48” Water Main (Proposal No. 2003M-127U-11).
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 second reading, which motion was seconded and adopted by a voice vote of the Council.


- BILLS ON THIRD READING -


BILL NO. BL2003-49

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 and OL districts to CS district properties at 1331 Jansing Drive and Jansing Drive (unnumbered), approximately 400 feet south of Antioch Pike (3.58 acres), all of which is more particularly described herein (Proposal No. 2003Z-096U-13). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Alexander moved to defer the bill on third reading while certain issues between the community and the developer are being resolved, the bill being requested by Wallace J. Hutcherson, which motion was seconded and adopted by a voice vote of the council.

Without objection Bill Nos. BL2003-76 and BL2003-77 were considered together.

BILL NO. BL2003-76

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 CL district property located at 5548 Franklin Pike Circle (4.02 acres) and part of property at 5588 Franklin Pike Circle (8.0 acres), located abutting the north margin of Old Hickory Boulevard (12.02 acres total), all of which is described herein (Proposal No. 2003Z-139U-12). The bill was disapproved by the Planning Commission: the Planning, Zoning and Historical Committee recommended deferment.

BILL NO. BL2003-77

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 existing undeveloped Planned Unit Development abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified OR40 and proposed CL, to permit the development of a 159,717 square foot retail center, 8,000 square foot office and a 5,400 square foot restaurant, approved for a 450,000 square foot six story office building and a 15,000 square foot restaurant, all of which is more particularly described herein, (Proposal No. 94P-009U-12). The bill was disapproved by the Planning Commission: the Planning, Zoning and Historical Committee recommended deferment.

Mr. Toler moved to defer the bills on third reading so that a meeting with Planning Department staff can be held, the bills being requested by GBT Realty Corporation, which motion was seconded and adopted a voice vote of the Council with Mr. Foster abstaining.

BILL NO. BL2003-85

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 (2.69 acres) and RS3.75 (1.00 acres) districts a portion of property at 2500 Murfreesboro Pike and property at 2530 Murfreesboro Pike, approximately 800 feet south of Edge-O-Lake Drive (3.69 acres total), all of which is described herein (Proposal No. 2004Z-005U-13). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. Wilhoite moved to pass the bill the on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2003-87

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 IR district part of a parcel at Myatt Drive (unnumbered), located approximately 1,000 feet south of North Gallatin Pike along the west side of Myatt Drive (27.12 acres), all of which is described herein (Proposal No. 2004Z-003G-04). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Ryman moved to pass on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2003-98

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of 37th Avenue North, between Georgia Avenue and Indiana Avenue, to Elizabeth Jordan Street (Proposal No. 2003M-113U-08). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2003-105

An ordinance to abandon and relocate an existing 8” sanitary sewer line and easement located on Map 104-09, Parcels 122-123 of Project No. 03-SL-034, West End & Craighead Avenue (Proposal No.2003M-107U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Shulman, on behalf of the sponsor, moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

Mr. Summers moved to rescind action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-123

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing alley #1059 and an unnumbered alley that runs between North Avondale Circle and Avondale Circle (Proposal No. 2003M-109U-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. Isabel moved to defer the bill on third reading at the request of the Planning Department staff, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-124

An ordinance authorizing the Historic Edgefield Homeowners Association to construct, install, and maintain street signage on the public right-of-way in various locations (Proposal No. 2003M-129U-05). The bill was approved by the Planning Commission, 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” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-126

An ordinance approving the disposition of a certain parcel of surplus property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2004M-007U-10). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Summers moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-127

An ordinance approving a Lease Agreement between The Metropolitan Government of Nashville and Davidson County and the Nashville Academy Theatre, acting through Public Property, and Nashville Children’s Theatre Association for certain real property located at 724 Second Avenue South, Nashville, Tennessee (2003M-131U-09). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-128

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

BILL NO. BL2004-129

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County and United States Filter Corporation. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Briley moved to pass the bill on third reading, which motion was seconded. Mr. White moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-130

An ordinance authorizing the acquisition of property by negotiation or condemnation for the box bridge replacement at Brick Church Lane over the North Fork of Ewing Creek, Project No. 03-B-02 (Proposal No. 2004M-005U-02). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Hughes moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-131

An ordinance authorizing the acquisition of property by negotiation or condemnation for the box bridge replacement at Dry Fork Road over Carney Creek, Project No. 03-B-01 (Proposal No. 2004M-006G-03). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-132

An ordinance authorizing the Metropolitan Government to participate with Richard Argo to provide improved public sewer service along Nolensville Road, Project No. 03-SC-216. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-133

An ordinance authorizing the Metropolitan Government to participate with Baty Development Group, LLC, Project No. 03-WL-34, and the Director of Water and Sewerage Services is authorized to sign the participation agreement for Metro Government. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-135

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, Budget and Finance, 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” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-136

An ordinance to abandon an existing water and sewer line and easement located on Map 119-11, Parcels 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, and Map 119-15, Parcels 122, 123, and 124 of Project No. 03-SG-188 and 03-WG-185, Willowbrook Market Place (Proposal No. 2003M-125U-11). 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” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.