Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, May 18, 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 Councilman Feller Brown.

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

- ELECTIONS AND CONFIRMATIONS -

Airport Authority
Reappointment of Ms. Ann Butterworth to the Airport Authority for a term expiring April 5, 2008. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Ms. Rosalyn Carpenter to the Airport Authority for a term expiring May 5, 2005, filling the unexpired term of Ms. Betty Marshall. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Ms. Deb McDermott to the Airport Authority for a term expiring April 5, 2008, serving as the Business/Finance representative. Without objection, the confirmation was deferred.

Civil Service Commission
Appointment of Ms. Ervina Jarrett to the Civil Service Commission for a term expiring February 5, 2005, filling the unexpired term of Ms. Janet Rachel. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Metropolitan Educational Access Corporation
Appointment of Ms. Cristina Allen to the Metropolitan Educational Access Corporation for a term expiring February 5, 2005, filling the unexpired term of Ms. Eleanor Willis. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Public Records Commission
Reappointment of Judge Steve Dozier to the Public Records Commission for a term expiring August 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Councilman Chester Hughes to the Public Records Commission for a term expiring August 31, 2007, as the Metropolitan Council representative. Without objection, the confirmation was deferred.

Reappointment of Mr. Larry McClanahan to the Public Records Commission for a term expiring August 31, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Social Services Commission
Reappointment of Mr. Glenn Carter to the Social Services Commission for a term expiring April 3, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Sports Authority
Appointment of Mr. J. D. Elliott to the Sports Authority for a term expiring February 17, 2010, as the School District 5 representative. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Traffic and Parking Commission
Reappointment of Mr. Ed Owens to the Traffic and Parking Commission for a term expiring April 3, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Bradley moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2004-248

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact legislation that would make the failure to wear a seat belt a primary offense in Tennessee. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee.

RESOLUTION NO. RS2004-249

A resolution supporting House Bill 1474 / Senate Bill 0374, currently pending in the Tennessee General Assembly, which would increase the penalty for aggravated cruelty to animals from a Class A misdemeanor to a Class E felony. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee.

RESOLUTION NO. RS2004-290

A resolution requesting the Metropolitan Department of Public Works to determine the feasibility of using porous pavement as an alternative to conventional asphalt when paving parking areas owned by the Metropolitan Government. The resolution was approved by the Public Works Committee.

RESOLUTION NO. RS2004-294

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to prohibit the operation of unmuffled engine brakes by heavy trucks on highways within the area of the Metropolitan Government, except in the case of an emergency, and that signs be posted to inform drivers of such prohibition. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee.

RESOLUTION NO. RS2004-295

A resolution requesting the Council Office to consider the implementation of a phone line that allows citizens to report areas of waste that they see and to voice ideas for the City to consider for implementation. The resolution was approved by the Budget and Finance Committee.

Upon motion duly seconded, the consent agenda resolutions were adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2004-251

A resolution requesting the United States Department of Transportation, the Tennessee Department of Transportation, and the Tennessee Department of Safety to declare the Nashville interstate system to be a “Safety Zone”, to post additional signage notifying motorists of such Safety Zone, and to reduce the speed limit applicable to commercial trucks. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-291

A resolution requesting the Department of Public Works to implement a pilot program to place litter/recycling receptacles containing advertising space within certain areas of the public right-of-way that have high pedestrian traffic. The resolution was approved by the Public Works Committee. Mr. Adkins moved to adopt the resolution, which motion was seconded. After discussion 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 adopt the resolution, which motion was adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Murray, Jameson, Cole, Hausser, Walls, Whitson, Shulman, Adkins, Foster, Alexander, Bradley, Williams, (17); “Noes” Dozier, Isabel, Craddock, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Wallace, Whitmore, Wilhoite, Toler, Tygard (16); “Abstaining” Greer, Crafton, Kerstetter, Coleman (4).

RESOLUTION NO. RS2004-292

A resolution requesting the Metropolitan Department of Public Works and the Tennessee Department of Transportation to cease road construction on West Trinity Lane until certain safety concerns are adequately addressed. Mr. Isabel moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-293

A resolution requesting the Tennessee Wildlife Resources Agency to change the days and hours of operation for the Stones River Education Center to Monday through Friday, 9:00 a.m. to 4:00 p.m. The Parks, Library, Recreation and Entertainment Facility Committee recommended deferment. Mr. Bradley moved to defer the resolution to the second meeting in June, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-296

A resolution requesting the Metropolitan Planning Commission to cease holding public hearings regarding amendments to the Official Zoning Map before the Commission. The Planning, Zoning and Historical Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-297

A resolution requesting the Mayor’s Office and the departments and agencies of the Metropolitan Government to submit a plan to the Council regarding matters for which they are lobbying the Tennessee General Assembly, and to inform the Council as to action taken by the General Assembly in response to resolutions adopted by the Council requesting the General Assembly to take certain action. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-298

A resolution appointing the members to the Ethics Review Task Force, and amending Resolution No. RS2003-113 to extend the deadline of the Task Force’s report to the Council to September 30, 2004. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-299

A resolution appropriating $130,000 in Community Development Block Grant funds for community recreational improvements at Murrell School in the Edgehill Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-300

A resolution appropriating certain 2004 Housing and Community Development funds. The resolution was approved by the Federal Grants Review 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-301

A resolution authorizing the Department of Finance to accept certain donations for the use and benefit of the Caring for Children program. 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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-302

A resolution supplementing and amending certain resolutions of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government’s General Obligation Public Improvement Refunding Bonds, Series 2004. Ms. Gilmore moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-303

A Twentieth Supplemental Electric System Revenue Bond Resolution supplementing certain resolutions of The Metropolitan Government of Nashville and Davidson County by authorizing the issuance of Electric System Revenue Bonds, 2004 Series A, as requested by the Electric Power Board of The Metropolitan Government of Nashville and Davidson County. Ms. Gilmore offered a substitute resolution and moved that it be accepted for filing, and no objection was made.

SUBSTITUTE RESOLUTION RS2004-303

A Twentieth Supplemental Electric System Revenue Bond Resolution supplementing certain resolutions of The Metropolitan Government of Nashville and Davidson County by authorizing the issuance of Electric System Revenue Bonds, 2004 Series A, as requested by the Electric Power Board of The Metropolitan Government of Nashville and Davidson County. The substitute resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-304

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, Board of Health, in an amount not to exceed $659,700, to maintain a Healthy Start site, provide for access to adequate prenatal and well child care, and promote child development. 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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-305

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

RESOLUTION NO. RS2004-306

A resolution approving an application for a grant from the United States Department of Labor to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to improve the capacity of faith and community-based organizations to provide workforce development services. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-307

A resolution approving an amendment to a grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, by and through the Department of Public Works, increasing the grant by an amount not to exceed $145,000, for waste tire collection and disposal. The resolution was approved by the Budget and Finance and Public Works 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-308

A resolution authorizing an amendment to Ordinance No. BL2002-1164, changing the “Project Description” for Seven Mile Creek Home Buyout to a total purchase of eleven homes. The resolution was approved by the Budget and Finance Committee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-309

A resolution accepting a grant from the State of Tennessee, Department of Military, to The Metropolitan Government of Nashville and Davidson County in an amount not to exceed $14,395.86, to coordinate the purchase and demolition of flood prone properties. The resolution was approved by the Budget and Finance and Public Works 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-310

A resolution approving the exercise of option agreements for the purchase of various properties located along Mill Creek, for Metro Water Services Project No. 02-D-149 (Proposal No. 2002M-111U-11). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees, and by the Budget and Finance Committee with two amendments. Mr. Burch offered Amendments No. 1 and No. 2 and moved for their adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Burch 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-311

A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,289 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the sewer line at M.P.4.1, Nashville, Tennessee. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-312

A resolution authorizing Vanderbilt University to install, construct and maintain aerial fiber optic cables from 300 feet south of the Acklen Avenue ramp to 300 feet north, along Acklen Avenue and Orleans Drive (Proposal No. 2004M-026U-10). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-313

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s lawsuit against Z-Tel Technologies, Inc. for eight hundred thousand dollars ($800,000) in cash and eight hundred thousand dollars ($800,000) of Z-Tel Technologies, Inc. stock, all of which is to be deposited into the Metropolitan Employee Benefit System Trust 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-314

A resolution accepting $7,084.59 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against Kimberly A. Coggins. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-315

A resolution accepting $6,115.25 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against Nicholas Turner. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-316

A resolution accepting $6,049.63 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against the State of Tennessee, Tennessee Business Enterprises. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-317

A resolution accepting $6,806.68 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s claim against Casey N. Cooper. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Mr. Wallace requested suspension of the rules for consideration of a late resolution. Objection was made by Mr. Shulman, and the rules were not suspended.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-243

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 Ordinance No. BL2000-476 by removing the application of the provisions of the Urban Zoning Overlay District to properties located within the 5th Council District (Proposal No. 2004Z-012T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-244

An ordinance amending Title 17 of the Metropolitan Code of Laws, Zoning Regulations, by amending Section 17.40.470 (Tree removal permit procedures) to require persons engaged in commercial tree service to obtain a tree removal permit and to require applicants for a tree removal permit to submit a plan for disposal. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-245

An ordinance amending the Metropolitan Code of Laws to provide public notification requirements for meetings of boards and commissions of the Metropolitan Government. Mr. Briley offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2004-245

An ordinance amending the Metropolitan Code of Laws to provide public notification requirements for meetings of boards and commissions of the Metropolitan Government. Mr. Briley moved to pass the bill on first reading and refer it to the Rules-Confirmations-Public Elections Committee, which motion was seconded. After discussion Mr. Shulman 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 the bill, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-246

An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the expansion of the Hume Fogg Magnet School, for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2004M-028U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Education and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-247

An ordinance authorizing the Metropolitan Government of Nashville and Davidson County to enter into a Lease Agreement with the State of Tennessee for certain real property in Joelton, Tennessee (Proposal No. 2004M-042G-01). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-248

An ordinance authorizing the placement of automatic teller machines (ATM's) in the North Nashville Police Precinct, Hermitage Police Precinct and South Police Precinct (Proposal No 2004M-040U). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-249

An ordinance authorizing the Metropolitan Government to enter into an Encroachment Agreement with Colonial Pipeline Company required to construct the Omohundro 48” water main, Project No. 03-WG-153. 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. BL2004-250

An ordinance authorizing the Metropolitan Government, Water and Sewerage Services Department, to participate with B.I.G. Development, Inc., in lining the sewer along 1409 Fatherland Street, Project No. 04-SX-62 and to accept the funds received thereby, and authorizing the Director of Water and Sewerage Services to execute the participation agreement. 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. BL2004-251

An ordinance to accept funds from Skyline Medical Center for an appraisal of the Old Due West Landfill located at 801 Old Due West Avenue. 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. BL2004-252

An ordinance authorizing the Metropolitan Government to participate with Tennessee Contractors, Inc. to provide public sewer service in Williamson County to Fountainbrooke Phase 2, Project No. 02-SL-40. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council. 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. BL2004-253

An ordinance amending Section 2.104.070 of the Metropolitan Code of Laws to require that all individuals and firms engaged in tree care and removal activities obtain a permit from the urban forester before engaging in such activities on either public or private property. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2004-254

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning surplus right-of-way along the north side of River Road from Overall Creek to 1,000 feet east (.92 acres) (Proposal No. 2004M-044G-06). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

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

BILL NO. BL2004-255

An ordinance adopting the Capital Improvements Budget and Program 2004-2005 through 2009-2010 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2004-2005. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2003-4

An ordinance amending Section 12.72.080 of the Metropolitan Code of Laws regarding the storage and removal requirements of stolen motor vehicles. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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 bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Crafton moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE 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. The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded. 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 pass, which motion was adopted 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. Mr. Shulman moved to the defer the bill to the second meeting in July, which motion was seconded and adopted 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. The Budget and Finance and Education Committees recommended deferment. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-190

An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2004M-032U-11). The bill was referred to the Planning Commission. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Briley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-191

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Shamrock Drive, from the west margin of Wildwood Valley Drive (Proposal No. 2004M-013G-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Ms. Williams moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-192

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 section of Old Harding Pike to Learning Lane, and to rename a section of an unnamed right-of-way “Old Harding Pike” between Collins Road and the unnamed right-of-way, and between Highway 100 and Old Harding Pike (Proposal No. 2004M-020G-06). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. 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 pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-194

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 section of Concord Park Road to “Concord Park E.” (Proposal No. 2004M-017U-10). The bill was approved by the Planning Commission, Emergency Communications Board, Public Works, and Traffic and Parking Committees; the Planning, Zoning and Historical Committee recommended deferment. Upon motion duly made and seconded, the bill was deferred at the request of the sponsor.

BILL NO. BL2004-225

An ordinance amending Chapter 16.04 of the Metropolitan Code of Laws to prohibit the issuance of a permit by the Department of Codes Administration until all necessary easements held by the Metropolitan Government have been abandoned. The bill was approved by the Codes Committee. Upon motion duly made and seconded, the bill was deferred at the request of the sponsor.

BILL NO. BL2004-227

An ordinance amending Chapter 13.20 of the Metropolitan Code of Laws to require all persons engaged in excavation or paving work within the right-of-way of the Metropolitan Government to post two warning signs, one stating “Slow Down, My Daddy Works Here”, and one stating “Slow Down, My Mommy Works Here.” The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Isabel moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-228

An ordinance authorizing the Metropolitan Government to collect payments in lieu of ad valorem taxes from owners of properties required to make such payments pursuant to Tennessee Code Annotated 67-5-207; approving the formula for calculating such payments; and authorizing the Metropolitan Government to enter into the necessary agreements to collect such payments. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-229

An ordinance approving an amendment to the contract between The Metropolitan Government Of Nashville and Davidson County and the State of Tennessee Department of Correction and State Funding Board. The bill was approved by the Budget and Finance Committee. Mr. Dread moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-230

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 February 3, 2004. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-231

An ordinance authorizing the Metropolitan Government to participate with Copperstone Development to provide public sewer service in Williamson County to The Woodlands at Copperstone Section 2 Subdivision Project No. 04-SL-29. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-235

An ordinance amending Chapter 13.20 of the Metropolitan Code of Laws to require all persons engaged in excavation, sidewalk construction or paving work within the right-of-way of the Metropolitan Government to post a sign indicating the expected commencement and completion dates of the project. The Public Works Committee recommended deferment. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-236

An ordinance approving an agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County, for the Richland Creek Feasibility Study Flood Damage Reduction. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Whitson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-238

An ordinance amending Section 16.04.200 of the Metropolitan Code of Laws regarding the types of permissible materials that may be used in the construction of fences. The Codes, Fair and Farmers Market Committee recommended deferment. Ms. Neighbors moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-239

An ordinance abandoning a 6” water line and easement that will be replaced by a private 6”water line, that is shown on Map 117-03, Parcel 32, of Project No. 04-WG-033, The Enclave at Hillsboro Village, (Proposal No. 2004M-021U-10) and authorizing the execution of the documents to carry out the abandonment. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-240

An ordinance authorizing the abandonment of the existing 8” sanitary sewer line and easement located on Map 72-3, Parcel 175 of Project No. 03-SG-193, 3518 Gallatin Pike (Proposal No. 2003M-128U-05), by the Metropolitan government. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hart moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-241

An ordinance authorizing the acceptance of a donation of certain property (Tax Map 134, Parcel 63) to The Metropolitan Government of Nashville and Davidson County, Tennessee, for the use and benefit of the Department of Parks and Recreation (Proposal No. 2004M-041U-12). The bill was approved by the Budget and Finance, Parks, Library, Recreation and Entertainment Facility, and Planning, Zoning and Historical Committees. Mr. Adkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-242

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 Whites Creek greenway (Proposal No. 2004M-030U-03), and authorizing the Director of Parks and Recreation to execute dedication agreements for the same. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Entertainment Facility, 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. BL2003-3

An ordinance making applicable to Metropolitan Government the provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated to require local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities. The bill was approved by the Public Works Committee. Ms. Gilmore moved to defer the bill on third reading, 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 June, the bill being requested by Dale & Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-111

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 RM6 district property located at Franklin Limestone Road (unnumbered), located abutting the south margin of Franklin Limestone and Mullins Road (40.18 acres), all of which is described herein (Proposal No. 2003Z-135U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Alexander moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “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 moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2004-137

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 District to RM4 District property at West Trinity Lane (unnumbered), (4.96 acres), all of which is more particularly described herein (Proposal No. 2002Z-060-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Isabel
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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “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, the being requested by AGH Ventures, on third 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 the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Wilhoite 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-185

An ordinance to classify public roads in Davidson County, Tennessee. The bill was approved by the Public Works Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

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. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

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. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-188

An ordinance naming the building on 3315 John Mallette Drive the “William F. Moynihan Center.” The bill was approved by the Health, Hospitals and Social Services Committees. Ms. Neighbors 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-189

An ordinance authorizing the Metropolitan Mayor to enter into a wire line crossing agreement with CSX Transportation, Inc. allowing the Metropolitan Government Public Works Department to install metal strand wires over or across the tracks and property owned or controlled by CSX Transportation, Inc. located at Valuation Station 523+80, Milepost 00J-9.75, Nashville Terminal Subdivision, and authorizing approval of all future CSX Transportation, Inc. crossing agreements by resolution. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Coleman 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-193

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 section of McCrory Creek Road to “Couchville Pike” (Proposal No. 2004M-016U-13). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Burch 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-195

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by naming a currently unnamed roadway between McCrory Creek Road and Donelson Pike "Knapp Boulevard" (Proposal No. 2003M-085U-13). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Burch 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-196

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing an alley off of 10th Avenue North and Monroe (Proposal No. 2004M-014U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-197

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 # 1928 and Alley # 1929, both unbuilt, located between Nolensville Road and Harrison Street (Proposal No. 2003M-122U-11). The bill was approved by the Planning Commission, Traffic and Parking Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Neighbors 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-198

An ordinance authorizing Pinnacle National Bank to construct, install, and maintain underground encroachments under the public right of way at Alley #382 (Proposal No. 2004M-012U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Without objection Bill Nos. BL2004-199 and BL2004-200 were considered together.

BILL NO. BL2004-199

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.

BILL NO. BL2004-200

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.

Petitions in opposition to passage of the bills were filed. Mr. Crafton moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley (32); “Noes” Tygard (1); “Abstaining” Briley, Shulman, Williams (3).

BILL NO. BL2004-201

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 RS80 to CS district a portion of property at 7118 Charlotte Pike, approximately 1,100 feet south of River Road (7.3 acres), all of which is described herein (Proposal No. 2004Z-033G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to defer the bill indefinitely, at the request of petitioner Jacky Allen, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-202

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to CN district property located at 4305 Goins Road, approximately 300 feet east of Nolensville Pike, (0.22 acres), all of which is described herein (Proposal No. 2004Z-053U-12). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Kerstetter 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-203

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 CA to MUG district properties at 2471 Pennington Bend Road and Pennington Bend Road (unnumbered), at the southwest corner of Music Valley Drive and Pennington Bend Road, (4.78 acres), all of which is described herein (Proposal No. 2004Z-044U-14). The bill was approved by the Planning Commission and the 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-204

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 MUL district property at 2908 Elm Hill Pike, approximately 180 feet west of Hurt Drive (0.57 acres), all of which is described herein (Proposal No. 2004Z-028G-14). The bill was approved by the Planning Commission and the 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-205

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to MUL district property at 3746 Central Pike, at the west terminus of Chandler Road (1.28 acres ), all of which is described herein (Proposal No. 2004Z-029G-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. White moved to defer the bill on third reading, the bill being requested by John D. McCormick, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-206

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 to CL district a portion of property at Elm Hill Pike (unnumbered), approximately 325 feet west of McGavock Pike (0.05 acres), all of which is described herein (Proposal No. 2004Z-031U-14). The bill was approved by the Planning Commission and the 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Without objection Bill Nos. BL2004-210 and BL2004-211 were considered together.

BILL NO. BL2004-210

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 R15 to RS10 district properties at 4217 and 4219 Lone Oak Road, approximately 130 feet south of Westover Park Court (1.92 acres), all of which is described herein (Proposal No. 2004Z-038U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2004-211

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the west margin of Lone Oak Road south of Westover Court, classified R10 and R15 and proposed for RS10, (1.84 acres), the provisions of a Planned Unit Development District, to permit the development of 7 single family lots, (1.92 acres), all of which is more particularly described herein (Proposal No. 2004P-006U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Shulman moved to defer the bills on third reading, the bills being requested by Alldredge Kirby Development LLC and Wamble & Associates, respectively, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-212

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of the Commercial Planned Unit Development located abutting the west margin of Sidco Drive at Elysian Fields Road, classified CL, (1.97 acres), approved for an 11,000 square foot retail store, all of which is more particularly described herein (Proposal No. 14-82-U-11). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Neighbors 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-213

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to CS district properties at Route 1 and 3786 Central Pike, at the southwest corner of Dodson Chapel Road and Central Pike intersection (2.96 acres), all of which is described herein, (Proposal No. 2004Z-036G-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee with an amendment. Mr. White moved to defer the bill on third reading, the bill being requested by R. Chris Magill Architects, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-214

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 to ORI district properties located at 613A and 641A Ermac Drive, east of Briley Parkway (0.80 acres), all of which is described herein (Proposal No. 2004Z-040U-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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-215

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 SCC to MUL district properties at Murfreesboro Pike (unnumbered) at the corner of Murfreesboro Pike and Ransom Place, (6.03 acres), all of which is described herein (Proposal No. 2004Z-034U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Alexander moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-216

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 to RS10 district a portion of property at Route 1 Cane Ridge Road, northeast of Old Hickory Boulevard (23 acres), all of which is described herein (Proposal No. 2004Z-041G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

SUBSTITUTE BILL NO. BL2004-219

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 Planned Unit Development abutting the north margin of Old Hickory Boulevard opposite Cloverland Drive, classified OR40, (8.27 acres), to permit the development of two 4 story buildings, each containing 72 condominium units, to replace 222 independent living unit and 48 assisted living units, all of which is described herein (Proposal No. 98P-007U-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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-220

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by including ponds/lakes as a special exception use in agricultural and residential zoning districts and as a permitted use in all other zoning districts, all of which is more particularly described herein (Proposal No. 2004Z-008T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

SUBSTITUTE BILL NO. BL2004-223

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.32.130 by expanding the area and permitted height of on-premises signs permitted in the commercial attraction district and by amending Section 17.32.050 to exempt signs within the commercial attraction district from the motionless graphic provision, all of which is more particularly described herein (Proposal No. 2004Z-010T). 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.