Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, March 16, 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 Pastor Arnette Morris of First Baptist Church of South Inglewood.

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, 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, Williams, Tygard and President Gentry (37); Absent: Murray, Brown, Whitson, Bradley (4).

- CONSIDERATION OF PROPOSED RULES OF PROCEDURE -

Ms. McClendon, Chair of the Rules-Confirmations-Public Elections Committee, moved to continue consideration of the proposed Rules of Procedure of the Metropolitan Council for one meeting, upon the Committee recommendation, which motion was seconded and adopted without objection.

- ELECTIONS AND CONFIRMATIONS -

Electrical Examiners and Appeals Board
Reappointment of Mr. Craig Pruitt to the Electrical Examiners and Appeals Board for a term expiring February 2, 2008. 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.

Sports Authority
Reappointment of Ms. Donna Hilley to the Sports Authority for a term expiring February 17, 2010. Without objection, the confirmation was deferred.

Reappointment of Mr. Kevin Lavender to the Sports Authority for a term expiring February 17, 2010. 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.

- RESOLUTIONS -

RESOLUTION NO. RS2004-140

A resolution establishing a task force to determine the highest and best use for the downtown Thermal Plant property. The resolution was approved by the Public Works Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded. Mr. Ryman 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 defer the resolution to the second meeting in June, which motion was seconded. Mr. Summers moved to table the motion to defer, which motion was seconded and failed by a voice vote of the Council. Mr. Briley called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to defer, which motion failed by a roll call vote of the Council. Mr. Crafton offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Hausser called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt the resolution as amended, which motion was adopted by the following vote: “Ayes” Dozier, Gilmore, Isabel, Hughes, Craddock, Hart, Forkum, Gotto, Burch, White, Loring, McClendon, Hausser, Whitmore, Crafton, Summers, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (24); “Noes” Neighbors, Tucker, Briley, Jameson, Cole, Ryman, Wallace, Walls, Shulman, Adkins (10); “Abstaining” Greer (1).

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 adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Hughes, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Coleman, Williams, Tygard, (34); “Noes” (0); “Abstaining” Wilhoite (1).

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 resolution was approved by the Education Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded. After discussion, Mr. Alexander called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt the resolution, which motion was adopted by the following vote: “Ayes” Dozier, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Jameson, Forkum, Ryman, Gotto, Burch, White, Loring, Wallace, Whitmore, Crafton, Foster, Alexander, Wilhoite, Kerstetter, Toler, Williams, Tygard (24); “Noes” Neighbors, Cole, Hart, Hausser, Walls, Summers, Shulman, Adkins (8); “Abstaining” Coleman (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 adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-199

A resolution requesting the Davidson County Sheriff’s Office to examine the feasibility of establishing a “graffiti task force” consisting of a crew of inmates to clean graffiti from public buildings and structures. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Crafton 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-200

A resolution requesting the Vice Mayor to establish a Council subcommittee on solid waste. The resolution was approved by the Public Works Committee. Ms. Tucker 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, 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, Williams, Tygard (35); “Noes” (0).

RESOLUTION NO. RS2004-201

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to allow the Metropolitan Board of Public Education to select and purchase textbooks and other instructional materials of their choice. The Education Committee recommended deferment. Mr. Isabel 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. RS2004-202

A resolution requesting the Metropolitan Board of Public Education to allow commercial advertising in school buses. The Education Committee recommended deferment. Mr. Isabel 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. RS2004-203

A resolution requesting the Tennessee Department of Transportation to construct noise abatement walls when highway construction abuts residential areas. The resolution was approved by the Public Works Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Jameson, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Tygard (32); “Noes” (0).

RESOLUTION NO. RS2004-204

A resolution requesting the Mayor, the Finance Department, and the Mayor’s Office of Economic and Community Development to join the Tennessee Minority Supplier Development Council as a corporate member. The resolution was approved by the Budget and Finance Committee. Mr. Isabel 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, Jameson, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Tygard (32); “Noes” (0).

RESOLUTION NO. RS2004-205

A resolution requesting the Department of Finance to provide information regarding all fees collected by the various departments and agencies of the Metropolitan Government. The resolution was approved by the Budget and Finance Committee with a amendment. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the council. Mr. Tygard 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, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Tygard (34); “Noes” (0).

RESOLUTION NO. RS2004-206

A resolution expressing Bellevue and West Nashville’s desire for the Metropolitan Government to locate a Convenience Center in Bellevue. The resolution was approved by the Public Works Committee. Mr. Tygard 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-207

A resolution requesting the Metropolitan Board of Public Education to examine the feasibility of expanding the open enrollment policy for students in schools that have been identified as overcrowded. The resolution was approved by the Education Committee. Mr. Alexander 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-208

A resolution requesting the Mayor and the Metropolitan Department of General Services to provide twenty-four hour parking for Members of Council at the parking lot adjacent to City Hall and in the parking garage beneath City Hall. The Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer the resolution, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-209

A resolution appropriating $50,000 in Community Development Block Grant Funds for property acquisition and related costs in the Cleveland Park Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Ms. Tucker 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-210

A resolution authorizing the Metropolitan Council to contract for financial consulting services to assist in the adoption of the operating budget for fiscal year 2004-05. The Budget and Finance Committee recommended deferment. Ms. Gilmore moved to defer the resolution. Ms. Gilmore moved to defer the resolution, which motion was seconded by a voice vote of the Council.

RESOLUTION NO. RS2004-211

A resolution authorizing the Director of Finance to accept and allocate private sector funds in the amount of $173,965.00 for the purposes of marketing and promoting Nashville and appropriating that same amount in public matching funds for the same purposes pursuant to the provisions of Substitute Bill No. BL2003-1471. 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, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Coleman, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-212

A resolution authorizing the Metropolitan Government to accept grant funds from the Junior League of Nashville to help underwrite the costs of the Mayor’s Summit on Children and Youth; and, authorizing the appropriation of those funds to the Mayor’s Office of Children and Youth for that purpose. 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, 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, Williams, Tygard, (36); “Noes” (0).

RESOLUTION NO. RS2004-213

A resolution approving an amendment to a grant from the State of Tennessee, Department of Correction, to The Metropolitan Government of Nashville and Davidson County, acting through the State Trial Courts, for the implementation of a supervision and day reporting center. 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, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Coleman, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-214

A resolution accepting a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $224,910 to prepare first responders for weapons of mass destruction and terrorist incidents involving chemical, biological, radiological, nuclear, or explosive devices. 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-215

A resolution accepting a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $1,444,463 to acquire equipment to enhance the capabilities of first responders for homeland security. The resolution was approved 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, 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, Williams, Tygard, (36); “Noes” (0).

RESOLUTION NO. RS2004-216

A resolution accepting a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $272,000 to train emergency responders and assess readiness to prevent and respond to a terrorist attack. The resolution was approved 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, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); “Noes” (0); “Abstaining” Hausser (1).

RESOLUTION NO. RS2004-217

A resolution accepting a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $117,656 for supplemental funding of local emergency management assistance. The resolution was approved 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-218

A resolution accepting a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $40,000 to prepare first responders to deal with terrorism incidents involving chemical, biological, nuclear, or other explosive devises. The resolution was approved 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-219

A resolution authorizing the Metropolitan Mayor to enter into Agreement No. 500,480, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to construct a 48” water main under the railroad at M.P. 2.15, Nashville, Tennessee and pay the required fee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Loring 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-220

A resolution approving an agreement between the State of Tennessee, Department of Transportation and The Metropolitan Government of Nashville and Davidson County for reimbursement of funds expended for litter pickup. The resolution was approved by the Budget and Finance, Public Works and Public Safety-Beer, Wine and Whiskey 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-221

A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5997 with the State of Tennessee, Department of Transportation, for Distribution and Collection System Relocations, said construction being necessary as part of State Project No. BR-STP-45 (17), 19045-2237-94, SR-45 bridge and approaches over Whites Creek (LM0.97), located in Davidson County, Tennessee and ratifying an agreement with the Treasury Department of the State of Tennessee. The resolution was approved by the Budget and Finance Committee. Mr. Hughes 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-222

A resolution approving a grant in the amount of $60,000.00 to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, from the Department of Health of the State of Tennessee for administering telephone surveys to assess the knowledge and attitudes regarding influenza immunization and disease. 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, 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, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-223

A resolution approving the compromise and settlement of the lawsuit of Norma Sue Patterson and husband Tommy Patterson, Jr. against the Metropolitan Government for the amount of sixty-five thousand dollars ($65,000) and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. 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, 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, Williams, Tygard (36); “Noes” (0).


- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-175

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.16.400, 16.20.250, 16.24.650, 16.28.110 and 16.28.120 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, and examination of plans as well as administrative fees and other fees charged by the Department of Codes Administration. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.

BILL NO. BL2004-177

An ordinance amending Chapter 12.68 of the Metropolitan Code of Laws to prohibit the use of mobile telephones while operating a moving bus or van transporting children. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.

BILL NO. BL2004-178
An ordinance amending Article I of Chapter 6.52 of the Metropolitan Code of Laws to require that plumbers doing business within the area of the Metropolitan Government be licensed, to add additional provisions regarding apprenticeship programs, and to add penalty provisions and additional grounds for violations. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.

BILL NO. BL2004-179

An ordinance amending Section 5.16.060 of the Metropolitan Code by levying a One Dollar ($1.00) litigation tax on all cases in the general sessions and juvenile courts to provide funds for victim-offender mediation centers in the area of Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2004-180

An ordinance amending the Metropolitan Employee Benefit System to provide a limited, one-time early retirement incentive to employees of the Metropolitan Government who otherwise qualify for retirement as of June 30, 2004. 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. BL2004-181

An ordinance approving the Memorandum of Agreement between the Davidson County Community Service Agency and The Metropolitan Government of Nashville and Davidson County for funding of the administration of the Caring for Children Program and Amendment One thereto. 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. BL2004-182

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 December 2, 2003. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2004-183

An ordinance amending Section 13.24.130 of the Metropolitan Code of Laws requiring the Board of Parks and Recreation to designate an area of Elmington Park as a “dog friendly zone”. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library, Recreation and Auditorium Committee by a voice vote of the Council.

BILL NO. BL2004-184

An ordinance requiring the Director of Finance to provide the Metropolitan Board of Public Education and the Metropolitan Council certain information regarding the operating budget for the Board of Public Education. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Education Committees by a voice vote of the Council.

BILL NO. BL2004-185

An ordinance to classify public roads in Davidson County, Tennessee. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2004-186

An ordinance authorizing the Metropolitan Government to enter into a Participation Agreement with CK Development, to provide public sewer service to Brookfield Estates Subdivision, Phase One & Three, Project No. 03-SL-163, in Williamson County. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2004-187

An ordinance authorizing the Metropolitan Government to participate with John Ring, Tennessee Contractors, Inc., to provide public sewer service in Williamson County to Fountainbrooke Phase 4, Project No. 03-SL-196. 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.

Mr. Alexander moved to rescind action on Bill No. BL2004-175, which motion was seconded and adopted by a voice vote of the Council.

Mr. Alexander offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2004-175

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.16.400, 16.20.250, 16.24.650, 16.28.110 and 16.28.120 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, and examination of plans as well as administrative fees and other fees charged by the Department of Codes Administration. Upon motion duly seconded, the substitute bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.


- BILLS ON SECOND READING -


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 pass the bill on second reading and defer it to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-152

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 district to CL district properties at 305, 309, and 315 Old Lebanon Dirt Road, at the intersection of Old Lebanon Dirt Road and Old Hickory Boulevard, (4.25 acres), all of which is described herein (Proposal No. 2003Z-032G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

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. The ordinance was approved by the Budget and Finance and Public Works 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. 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. The bill was approved by the Traffic and Parking 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. BL2004-171

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, Public Works and Planning, Zoning and Historical Committees. Mr. White moved to pass the bill on second reading, which motion was seconded and adopted 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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to defer the bill on second reading so that the district Councilmember could be involved in the matter, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-173

An ordinance amending Section 7.16.120 of the Metropolitan Code by changing residency requirements and stock ownership requirements for applicants for a certificate of compliance for a retail liquor license issued by the state alcoholic beverage commission. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Crafton moved to defer the bill on second reading, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-174

An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government for use in connection with development of the Richland Creek Greenway (Proposal No. 2004M-011U-07). The bill was approved by the Planning Commission, Parks, Library, Recreation and Auditorium, and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-176

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 50th Avenue North between Tennessee Avenue and Kentucky Avenue, approximately 322 feet in length (Proposal No. 2003M-065U-07). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Walls 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. A declaration of protective covenants was filed for the record in this matter. Mr. Alexander moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Hughes, Craddock, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (33); “Noes” (0).

Without objection Bill Nos. BL2003-66 and BL2003-67 were considered together.

BILL NO. BL2003-66

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 OL district on property at Route 5 Highway 100 on the east margin of Highway 100, approximately 150 feet south of Old Harding Pike, (3.22 acres), all of which is described herein (Proposal No. 2003Z-126G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2003-67

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 (5.0 acres) and OL (3.42 acres) districts property at Route 5 Highway 100 located on the east margin of Highway 100, approximately 150 feet south from Old Harding Pike, (8.42 acres), all of which is described herein (Proposal No. 2003Z-127G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Tygard moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, 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, Williams, Tygard (36); “Noes” (0).

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,with Mr. Foster abstaining.

Mr. Toler moved to defer the bills while additional meetings are being held on the SubArea 12 plan, the bills being requested by GBT Realty Corporation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-86

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 district to RM2 district part of property located at 3005 Fernbrook Lane, located abutting the south margin of Fernbrook Lane (26.8 acres), all of which is described herein (Proposal No. 2003Z-137U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to defer the bill to the second meeting in April, the bill being requested by Dale & Associates, which motion was seconded and adopted by a voice vote of the Council.

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. Summers 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, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-121

An ordinance amending Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending Chapter 17.40 to increase the distances from the subject property for which written notice of proposed amendments to the zoning map are to be sent to property owners (2004Z-001T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Adkins 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, 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, Williams, Tygard (36); “Noes” (0).

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 requested a suspension of the rules for an amendment on third reading, which motion was seconded and approved without objection. Mr. Isabel offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Isabel moved to defer the bill on third reading, as amended, 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 third reading, which motion was seconded. Mr. Dread moved to defer the bill indefinitely, which motion was seconded. After discussion, Mr. Wallace called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to defer indefinitely, which motion failed by a voice vote of the Council. Mr. Greer called for the previous question on the main motion, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass the bill on third reading, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, 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, Williams, Tygard (36); “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. BL2004-129

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 and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, 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, Williams, Tygard (36); “Noes” (0).


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 Committees. 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, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-138

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 RM15 district property at Highway 70 South (unnumbered), west of McCrory Lane, (7.71 acres), all of which is described herein (Proposal No. 2004Z-014G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to defer the bill on third reading so that remaining issues can be resolved, the bill being requested by AGH Ventures, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-140

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 district to CS district property at 7201 Charlotte Pike, along I-40 West, (15.82 acres), all of which is described herein (Proposal No. 2004Z-009U-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, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-141

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 district to CL district properties at 631 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), at the I-40 West ramp, (0.40 acres), all of which is described herein (Proposal No. 2004Z-006U-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Crafton 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, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-142

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 east margin of 8th Avenue South between Alloway Street and Argyle Avenue, classified CS, (.18 acres), the provisions of a Planned Unit Development District, to permit an existing restaurant an exemption from the minimum distance requirements included in the beer provisions of the Metro Code (Proposal No. 2004P-003U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Greer moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-144

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 1510 Lebanon Pike, approximately 220 feet east of Spence Lane, (1.77 acres), all of which is described herein (Proposal No. 2004Z-022U-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, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-145

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS district to MUL district property at 1029 12th Avenue North and Meharry Boulevard (unnumbered), at the corner of 12th Avenue North and Meharry Boulevard, (0.13 acres), all of which is described herein (Proposal No. 2003Z-121U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to defer the bill on third reading so that he can meet with petitioner Temond LeSure, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-146

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS district to MUL district property at 1708 Jefferson Street, across from 17th Avenue North, (0.06 acres), all of which is described herein (Proposal No. 2004Z-002U-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, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-147

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 RS5 district to CL district property located at 1400 14th Avenue North, abutting the east margin of 14th Avenue North and the I-40 West Ramp (0.10 acres), all of which is described herein (Proposal No. 2003Z-130U-08). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Wallace moved to defer the bill indefinitely until a community meeting can be held on the proposal, the bill being requested by Tony Turner, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-148

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 IG district to MUI district property at 823 3rd Avenue North, across from Criddle Street, (1.65 acres), all of which is described herein (Proposal No. 2004Z-007U-09). 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, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-149

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 Stewarts Ferry Pike, 800 feet east of McCrory Road (1.68 acres), classified CL, the provisions of a Commercial Planned Unit Development District, to permit the development of a 10,500 square foot general office and a 7,700 square foot retail building to replace an undeveloped 10,500 square foot general office and a 3,300 square foot food service building (Proposal No. 71-86-P-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. White 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, 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, Williams, Tygard (36); “Noes” (0).

Without objection Bill Nos. BL2004-150 and BL2004-151 were considered together.

BILL NO. BL2004-150

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 OG, OR20, RM40, and RM20 districts to ORI (3.27 acres), MUL (2.99 acres) and RM40 (30.51 acres) districts various properties located between 29th Avenue North and I-440 and between Fairmont Drive, Hillcrest Place, West End Circle and Parthenon Avenue, (36.77 total acres), all of which is described herein (Proposal No. 2004Z-025U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2004-151

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 various properties located between 29th Avenue North and I-440 and between Fairmont Drive, Hillcrest Place, West End Circle and Parthenon Avenue, (56.47 acres), the provisions of an Urban Design Overlay District, (Proposal No. 2004UD-001U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, 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, Williams, Tygard (36); “Noes” (0).

BILL NO. BL2004-156

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.04.060 Definitions by adding a definition for Recycling Facility, by amending Section 17.08.030 and Section 17.16.110 by designating zone districts where a Recycling Facility shall be permitted and establishing conditions for such a facility when permitted by conditions, all of which is more particularly described herein (Proposal No. 2004Z-001T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Briley moved offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2004-156

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.04.060 Definitions by adding a definition for Recycling Facility, by amending Section 17.08.030 and Section 17.16.110 by designating zone districts where a Recycling Facility shall be permitted and establishing conditions for such a facility when permitted by conditions, all of which is more particularly described herein (Proposal No. 2004Z-001T). Mr. Briley moved to defer the substitute bill on third 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. 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, 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, Williams, Tygard (36); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, 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, Williams, Tygard (36); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, 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, Williams, Tygard, (36); “Noes” (0).

Without objection Bill Nos. BL2004-165 and BL2004-166 were considered together.

BILL NO. BL2004-165

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 R80 district to RS20 district a portion of property at 7515 Old Charlotte Pike, across from Gower Road, (31.3 acres), all of which is described herein (Proposal No. 2004Z-008G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard filed petitions in opposition to passage of this bill.

BILL NO. BL2004-166

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 south margin of Old Charlotte Pike, opposite Gower Road, (31.3 acres), classified R80 and proposed for RS20, the provisions of a Planned Unit Development District, to permit the development of 49 single-family lots, (Proposal No. 2004P-002G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Crafton moved to pass the bills on third reading, which motion was seconded and failed by the following vote: “Ayes” Dozier, Dread, Gilmore, Isabel, Hughes, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Wallace, Whitmore, Crafton, Wilhoite (19); “Noes” Neighbors, Briley, Greer, Walls, Kerstetter, Tygard (6); “Abstaining” McClendon, Hausser, Shulman, Adkins, Foster, Alexander, Toler, Coleman, Williams (9).

BILL NO. BL2004-167

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a district to RS10 district properties located at 1089 and 1091 Barnes Road, approximately 1,600 feet east of Barnes Cove Court (5.28 acres), all of which is described herein (Proposal No. 2003Z-143G-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, 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, Williams, Tygard (36);“Noes” (0).

Upon motion duly seconded, the meeting was adjourned.