Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, July 20, 2004


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

The invocation was offered by Councilmember Amanda McClendon.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The Minutes of the meeting of July 6, 2004, were approved.

The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (40); Absent: Cole (1).

- ELECTIONS AND CONFIRMATIONS -

Auditorium Commission
Appointment of Mr. David McMahan for a term expiring June 30, 2005. 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.

Appointment of Mr. Adam Small for a term expiring June 30, 2005. 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.

Convention Center Commission
Appointment of Ms. Lethia Mann for a term expiring June 7, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Dr. Aldorothy Wright for a term expiring June 7, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Board of Health
Reappointment of Mr. William Hance a term expiring July 9, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Janie Parmley a term expiring July 9, 2009. 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.

Historic Zoning Commission
Reappointment of Ms. Ann Eaden a term expiring July 1, 2009. At the request of the appointee, the confirmation was deferred.

Hospital Authority
Reappointment of Dr. Lloyd Elam a term expiring July 11, 2009. At the request of the appointee, the confirmation was deferred.

Reappointment of Ms. Janet Jones a term expiring July 11, 2009. 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.

Human Relations Commission
Appointment of Ms. Hasina A. Mohyuddin for a term expiring April 18, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Maria Salas for a term expiring April 18, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. McClendon moved for confirmation, which motion was seconded
and adopted by the following vote: Vote: “Ayes” Neighbors, Briley, Dread, Gilmore, Hughes, Jameson, Forkum, Ryman, Brown, McClendon, Greer, Hausser, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Toler, Coleman, Bradley, Williams (22); “Noes” Dozier, Tucker, Isabel, Craddock, Hart, Gotto, White, Loring, Foster, Alexander, Wilhoite, Kerstetter, Tygard (13); “Abstaining” Murray, Wallace (2).

Appointment of Rev. Kenneth Swanson for a term expiring April 18, 2007. At the request of the appointee, the confirmation was deferred.

Social Services Commission
Appointment of Mr. Jose Gonzalez a term expiring July 20, 2009. 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
Appointment of Ms. Lauren Brisky for a term expiring December 19, 2005, filling the unexpired term of Mr. Dennis C. Bottoroff representing School District 8. At the request of the appointee, the confirmation was deferred.

Stormwater Management Committee
Reappointment of Ms. Karen Harrison for a term expiring July 8, 2009. At the request of the appointee, the confirmation was deferred.

- RESOLUTIONS -

Without objection, Resolution No. RS2004-330 was taken out of order for consideration.

RESOLUTION NO. RS2004-330

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount not to exceed One Hundred Nine Million Seven Hundred Forty-One Thousand Two Hundred Ninety-Nine Dollars ($109,741,299) to be financed by the ad valorem levy on property in the general services district and in an aggregate principal amount of Thirty-Two Million Two Hundred Seventy-Four Thousand Seven Hundred Sixty-Two Dollars ($32,274,762 ) to be financed by the ad valorem levy on property in the urban services district. The resolution was approved by the Budget and Finance Committee with an amendment. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-328

A resolution authorizing bond anticipation notes in an aggregate principal amount of not to exceed One Hundred Nine Million Seven Hundred Forty-One Thousand Two Hundred Ninety-Nine Dollars ($109,741,299) to be financed by the ad valorem levy on property in the General Services District and in an aggregate principal amount of not to exceed Thirty-Two Million Two Hundred Seventy-Four Thousand Seven Hundred Sixty-Two Dollars ($32,274,762) to be financed by the ad valorem levy on property in the Urban Services District of the Metropolitan Government of Nashville and Davidson County; making provision for the issuance, sale and payment of said notes, and authorizing the expenditure of proceeds thereof. The resolution was approved by the Budget and Finance Committee with an amendment. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-329

A resolution authorizing the issuance of Capital Outlay Notes in an amount not to exceed Forty Million Two Hundred Seventy Nine Thousand Seven Hundred Dollars ($40,279,700) of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for twenty three capital projects as more fully described herein, and to declare the intent of The Metropolitan Government of Nashville and Davidson County to reimburse itself for certain expenditures with the proceeds of the General Services District Capital Outlay Notes. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-330
(See previous action above.)

RESOLUTION NO. RS2004-347

A resolution appropriating Seventy-Five Thousand Dollars ($75,000) from the Unappropriated Fund Balance of the General Services District to fund a Best Practices Study for the Metropolitan Council. The Budget and Finance Committee recommended deferment. Mr. Wallace moved to defer the resolution to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-361

A resolution appropriating the amount of $120,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Davidson County Juvenile Court of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-362

A resolution appropriating the amount of $350,000 from the General Fund Reserve Fund for the purchase of equipment for the Davidson County Election Commission of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Rules-Confirmations-Public Elections Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-363

A resolution appropriating the amount of $695,800 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Finance of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-364

A resolution appropriating the amount of $20,397,900 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of General Services of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-365

A resolution appropriating the amount of $3,700,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Davidson County Fire Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-366

A resolution appropriating the amount of $203,200 from the General Fund Reserve Fund for the purchase of equipment for the Emergency Communications Center of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-367

A resolution appropriating the amount of $38,700 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Human Resources Department of The Metropolitan Government of Nashville and Davidson County. 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, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-368

A resolution appropriating the amount of $3,376,000 from the General Fund Reserve Fund for the purchase of equipment for the Department of Information Technology Services of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-369

A resolution appropriating the amount of $2,150,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metropolitan Action Commission of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-370

A resolution appropriating the amount of $660,000 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Municipal Auditorium of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-371

A resolution appropriating the amount of $4,611,300 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Metropolitan Public Library of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-372

A resolution appropriating the amount of $150,000 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Department of Public Works of The Metropolitan Government of Nashville and Davidson County. 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, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-390

A resolution requesting the Metropolitan Board of Public Education to submit a report to the Metropolitan Council regarding federal funding received and associated costs to implement the Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind (NCLB) Act. The Education Committee recommended deferment. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-391

A resolution requesting the Vice Mayor to appoint five Members of Council to a task force to study the fees charged and collected by the Metropolitan Government. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-392

A resolution requesting the Metropolitan Board of Public Education to hold meetings on a quarterly basis at one of the twelve cluster high schools. The resolution was approved by the Education 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, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-393

A resolution requesting the members of the Davidson County Election Commission to resign their office. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Isabel moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-394

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended deferment. Mr. Wallace moved to defer the resolution to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-395

A resolution accepting a grant from the State of Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County to improve juvenile court services. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-396

A resolution accepting a grant from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County to enhance the current and future operation of the dual-component Juvenile Drug Court 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, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-397

A resolution accepting a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County to provide drug treatment and re-entry assistance for female offenders. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Dread moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-398

A resolution accepting a grant from the National Insurance Crime Bureau to The Metropolitan Government of Nashville and Davidson County of vehicles and equipment, on a temporary or permanent basis, for the benefit of the Metropolitan Police Department and use thereby in sting operations and in the investigation of insurance related crimes. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-399

A resolution accepting a grant from the State of Tennessee Department of State to The Metropolitan Government of Nashville and Davidson County for the benefit of the Nashville Public Library to improve library technology. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Gilmoree moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-400

A resolution approving an application for the local law enforcement block grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-401

A resolution authorizing the Department of Finance to accept a donation 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. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-402

A resolution approving a contract for the privatization of the Information Technologies division of Metropolitan Nashville General Hospital’s Information Technologies and Telecommunications Department to McKesson Automation Incorporated. 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. Mr. Wallace moved to defer the resolution to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council with Mr. Whitson abstaining.

RESOLUTION NO. RS2004-403

A resolution approving a cooperative agreement to amend a grant from the United States Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, Board of Health, to maintain and strengthen the comprehensive air pollution program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-404

A resolution approving a cooperative agreement to amend a grant from the United States Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, Board of Health, to characterize ambient concentrations of hazardous air pollutants. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Isabel moved to adopt the resolution, which motion died for lack of a second. Mr. Wallace moved to defer the resolution, which motion was seconded. Mr. Gotto moved to suspend the rules to allow a motion to adopt, which motion was seconded and adopted without objection. 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, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-405

A resolution authorizing the Director of Finance to carry forward and appropriate funds for the Disparity Study. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

RESOLUTION NO. RS2004-406

A resolution approving the tree bank fee schedule promulgated by the Urban Forester. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded. Mr. Wallace moved to defer the resolution, which motion was seconded. Mr. Adkins moved to table the motion to defer, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Briley, Dread, Jameson, Ryman, Brown, McClendon, Greer, Hausser, Walls, Summers, Shulman, Adkins, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (20); “Noes” Dozier, Tucker, Gilmore, Isabel, Hughes, Craddock, Murray, Hart, Forkum, Gotto, Burch, White, Loring, Wallace, Whitmore, Crafton, Whitson, Foster (18). The matter recurred on the motion to adopt. Ms. Hausser moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-407

A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. 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, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2004-408

A resolution authorizing the compromise and settlement of the claim of Kennetha Boyd against The Metropolitan Government of Nashville and Davidson County for the amount of $16,000.00 and directing that this amount be paid from the Self Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2004-409

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Reba Carter against The Metropolitan Government of Nashville and Davidson County for the amount of $25,888.56 and directing that this amount be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2004-410

A resolution accepting $6,526.58 in partial settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against L & G Construction Company. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2004-411

A resolution accepting $11,077.45 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against the Metropolitan Transit Authority. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2004-412

A resolution authorizing Clopay Plastics, Inc. to install, construct and maintain aerial fiber optic cables along Harding Industrial Drive (Proposal No. 2004M-054U-13). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-302

An ordinance amending Chapter 8.04 of the Metropolitan Code of Laws to require dog owners to clean up and remove excrement left by their dogs on public or private property. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services; Parks, Library, Recreation and Entertainment Facility; and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2004-306

An ordinance amending Chapter 8.04 of the Metropolitan Code of Laws to require dog owners to clean up and remove excrement left by their dogs on public property. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services; Parks, Library, Recreation and Entertainment Facility; and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2004-307

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of Oakwood Forest Drive to Dover Glen Drive from the intersection of Oak Forest Drive 250 feet south to its terminus (Proposal No. 2004M-043U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-308

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 #688 west of 1st Avenue South, south of Hart Street (Proposal No. 2004M-055U-11). 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.

BILL NO. BL2004-309

An ordinance authorizing the Director of Public Property, or his designee, to accept and record an easement in favor of the Metropolitan Government for use in connection with development of the Harpeth River greenway (Proposal No. 2004M-064G-06). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Parks, Library, Recreation and Entertainment Facility, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-310

An ordinance approving and authorizing the Mayor to execute a contract with the State Department of Transportation for improvements to the Demonbreun Street Bridge in accordance with Federal Project No: BR-STP-3249(2). 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. BL2004-311

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

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. The Parks, Library, Recreation and Entertainment Facility Committee recommended deferment. Mr. Shulman moved to defer the bill indefinitely so that more public input on the issue can be sought, 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 bill was approved by the Public Works Committee with an amendment. Mr. Shulman moved to defer the bill on second reading so that all questions can be addressed before proceeding, 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. McClendon moved to defer the bill on second reading to the second meeting in August, 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. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to defer the bill on second reading, which motion was seconded and 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, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-253

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. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Wallace moved to defer the bill on second reading so that remaining questions can be addressed, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-278 and BL2004-279 were considered together.

BILL NO. BL2004-278

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 R15 district property at 3200 Earhart Road, at the northwest corner of Earhart Road and John Hager Road, (117.92 acres), all of which is described herein (Proposal No. 2004Z-046G-14). The bill was approved by the Planning Commission.

BILL NO. BL2004-279

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 at 3200 Earhart Road, abutting the west side of Earhart Road and the north side of John Hager Road (117.92 acres), classified AR2a and proposed for R15, the provisions of a Planned Unit Development District, to permit the development of 192 single-family detached lots and 98 duplex lots (Proposal No. 2004P-009G-14). The bill was approved by the Planning Commission.

Mr. Dozier moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Gotto abstaining.

BILL NO. BL2004-288

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, relative to adding a new land use “Public Facility” (2004Z-014T), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on second reading, which motion was seconded. Mr. Summers offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Hausser moved to defer the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-294

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning an alley from the east margin of 8th Avenue South to 140 feet east of 8th Avenue South between Lynwood and Alloway (Proposal No. 2004M-034U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. The Public Works and Traffic and Parking Committees recommended deferment. Mr. Greer moved to defer the bill to the second meeting in August for a recommendation from the Traffic and Parking Commission, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-296

An ordinance amending Chapter 13.26 of the Metropolitan Code of Laws to allow the Metropolitan Government to sell the naming rights to buildings owned by the Metropolitan Government. The Budget and Finance Committee recommended deferment. Mr. Isabel moved to defer the bill indefinitely while further discussion occurs on the proposal, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-297

An ordinance approving Amendment Two to 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. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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. BL2004-298

An ordinance requiring the Department of Finance every three years to review all fees charged by the Metropolitan Government and to submit a report to the Metropolitan Council. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on second reading, which motion was seconded. After discussion Mr. Crafton 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 on second reading, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-299

An ordinance approving a donation of equipment from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, Police Department, to be used for law enforcement and investigation purposes. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Dread moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-300

An ordinance changing the effective date of the fee increase applicable to traffic school and certain zoning applications. 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. BL2004-303

An ordinance designating certain responsibility to the Metropolitan Department of Public Works regarding the signage of public and private streets and roads. The Public Works Committee recommended deferment. Ms. Wilhoite 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. BL2004-304

An ordinance approving a lease agreement (Planning Commission No. 2004M-058U-03) between the Metropolitan Government of Nashville and Davidson County and the Metropolitan Hospital Authority for Nashville and Davidson County, for certain real property located at 1010 Camilla Caldwell Lane, commonly known as the J.B. Knowles Home for the Aged, and authorizing the transfer of all functions, operations, and obligations of the Knowles Home to the Hospital Authority. The Budget and Finance; Health, Hospitals and Social Services; and Planning, Zoning and Historical Committees recommended deferment. Ms. Neighbors moved to defer the bill on second reading which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (32); “Noes” (0); “Abstaining” McClendon, Whitson, Summers (3).

Without objection the rules were suspended to call upon Bill No. BL2004-305, which was previously set for the September public hearing.

BILL NO. BL2004-305

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 1176 Stones River Road, west of the Central Pike and Lebanon Pike intersection, (91.63 acres), all of which is described herein (Proposal No. 2004Z-084G-14). Mr. White moved to defer the bill to the November public hearing, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

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 pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, 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 indefinitely at the request of petitioner AGH Ventures, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-139

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 district to CL district a portion of property at 412 Brewer Drive, at the corner of Nolensville Pike and Brewer Drive, (0.55 acres), all of which is described herein (Proposal No. 2004Z?011U?12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Documents were filed for the record in this matter. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-218

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the Commercial Planned Unit Development for property abutting the north margin of Richards Road at Antioch Pike, classified CL, (3.92 acres), all of which is more particularly described herein (Proposal No. 71-71-U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. McClendon moved to moved to defer the bill on third reading, the bill being requested by Azimtech Engineering, which motion was seconded and adopted by a voice vote of the Council.

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, Fair and Farmers Market Committee. Mr. Summers moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-232

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 CN to R6 district property at 915 40th Avenue North, south of Albion Street, (0.26 acres), all of which is described herein (Proposal No. 2004Z-035U-08). 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, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-233

An ordinance to amend Section 17.08.030 of the Metropolitan Code of Laws, the Zoning Ordinance, to allow religious institutions as a permitted use in all industrial zone districts, all of which is more particularly described herein (2004Z-003T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-234

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 RS5 district, various parcels located along Treutlan, Berry, Grace, Hancock, Arrington, Wilburn, and Cleveland Streets, and between North 2nd Street and North 6th Street, (100.28 acres), all of which is described herein, (Proposal No. 2004Z-043U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray moved to defer the bill on third reading, which motion was seconded and adopted 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. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-259

An ordinance amending Chapter 11.26 of the Metropolitan Code of Laws to make it unlawful to sell graffiti implements to persons under the age of eighteen years. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. McClendon moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-268 and BL2004-269 were considered together.

BILL NO. BL2004-268

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 MUL district property located at 4103 Hillsboro Circle, 332 feet north of Hobbs Road, (0.17 acres), all of which is described herein (Proposal No. 2004Z-023U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2004-269

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying a preliminary Planned Unit Development on property at 4103 Hillsboro Circle, abutting the west margin of Hillsboro Circle, 332 feet north of Hobbs Road, classified OR20 and proposed for MUL, (.17 acres), the provisions of a Planned Unit Development District, to permit all uses permitted in the MUL zoning district with the exceptions of restaurants or bars and night clubs (Proposal No. 2004P-005U-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 for further review, the bills being requested by Robert W. Rutherford and Phillips Robinson Company, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-271

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 RS7.5 district properties located between 31st Avenue to Acklen Avenue, (36.31 acres), all of which is described herein (Proposal No. 2004Z?075U?10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Briley, Dread, Hughes, Craddock, Murray, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Wilhoite, Toler, Coleman, Bradley, Williams (26); “Noes” Wallace, Foster, Tygard (3); “Abstaining” Neighbors, Tucker, Gilmore, Isabel, Jameson, Brown, Gotto, Greer (8).

BILL NO. BL2004-272

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 RS5 district at various properties within Council District 5, west of Dickerson Road and west of Gallatin Pike (260.75 acres), all of which is described herein (Proposal No. 2004Z-078U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray moved to pass the bill on third reading, which motion was seconded. After discussion Mr. Crafton 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 on third reading and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Burch, White, McClendon, Hausser, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Wilhoite, Toler, Coleman, Bradley, Williams, (27); “Noes” Foster, Tygard (2); “Abstaining” Neighbors, Gilmore, Isabel, Gotto, Loring, Wallace, Adkins (7).

BILL NO. BL2004-273

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 properties located at Route 1 Old Hickory Boulevard (unnumbered), north of Whittemore Lane and south of Legacy Drive (34.08 acres), all of which is described herein (Proposal No. 2004Z?045G-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, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-274

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 to RS10 district various properties located between Warfield Drive and Temple Avenue and between Lone Oak Road and Belmont Park Terrace, (17.48 acres), all of which is described herein (Proposal No. 2004Z-027U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Whitson, Summers, Adkins, Wilhoite, Toler, Coleman, Bradley, Williams, (28); “Noes” Wallace, Foster, Tygard (3); Abstaining” Neighbors, Gilmore, Isabel, Gotto, Greer, Shulman (6).

BILL NO. BL2004-276

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 to RS10 district various properties located between Frances Avenue and Glenwood Avenue and between Parkview Circle and Hillcrest Avenue, (19.13 acres), all of which is described herein (Proposal No. 2004Z-026U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman filed a conflict of interest letter for the record. Ms. Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Whitson, Summers, Adkins, Wilhoite, Toler, Coleman, Bradley, Williams, (28); “Noes” Wallace, Foster, Tygard (3); Abstaining” Neighbors, Gilmore, Isabel, Gotto, Greer, Shulman (6).

BILL NO. BL2004-277

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Neighborhood Conservation Overlay District to various properties between Douglas and Sharpe Avenue, (25.19 acres), all of which is described herein (Proposal No. 2004Z-060U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Petitions in favor of the proposal were filed for the record. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-280

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Historic Landmark Overlay District to the West End Middle School at 3529 West End Avenue (12.70 acres), Hume Fogg Magnet School at 700 Broadway (1.95 acres), Martin Luther King, Jr. Magnet School at 613-17th Avenue North (6.82 acres), and East Literature Magnet School at 112 Gallatin Avenue (24.92 acres), all of which is described herein (Proposal Nos. 2004Z-062U-10, 2004Z-071U-09, 2004Z?072U-08, and 2004Z-073U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Without objection Bill Nos. BL2004-281 and BL2004-282 were considered together.

BILL NO. BL2004-281

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 SCC (30.15 acres), RM9 (28.94 acres), and R15 (16.2 acres) districts property at 6682 Nolensville Pike, approximately 700 feet north of Pettus Road, (75.29 acres total), all of which is described herein (Proposal No. 2004Z-057G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2004-282

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 side of Nolensville Pike, opposite Concord Road (75.29 acres), the provisions of a Planned Unit Development District, to permit 45 single-family lots, 248 townhomes, and 236,851 square feet of retail, restaurant, and gas station uses, (Proposal No. 2004P-013G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

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

BILL NO. BL2004-283

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 district to CS district property located at 4005 Dodson Chapel Road, north of Central Pike, along the east side of Dodson Chapel Road (0.50 acres), all of which is described herein (Proposal No. 2004Z?050G-14). The bill was disapproved by the Planning Commission and approved by 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, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Coleman, Bradley, Tygard (34); “Noes” (0).

BILL NO. BL2004-284

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to MUL district property at 230 West Trinity Lane, west of I-65 (8.26 acres), all of which is described herein (Proposal No. 2004Z-048U-03). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Isabel moved to defer the bill indefinitely, the bill being requested by Gene Watkins American Affordable Homes, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-285

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 RM9 district to AR2a district property at 625 Bell Road, approximately 600 feet west of Rice Road, (15.0 acres), all of which is described herein (Proposal No. 2004Z-064U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Bradley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-286

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 RS15 District property at 5961 and 5975 Mt. Pisgah Road, abutting the southern terminus of Christiansted Lane (10.3 acres), all of which is described herein (Proposal No. 2002Z-085G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-287

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 an undeveloped portion of a Residential Planned Unit Development District approved for 130 multi-family units, located near the west side of Tulip Grove Road, north of Central Pike, classified RM15, (23.95 acres), all of which is described herein(Proposal No. 154-73-G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2004-289

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 Chapter 17.20 relative to the Provision of Sidewalks (Proposal No. 2004Z-015T), all of which is more particularly described herein. The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Dread moved to moved to defer the bill to the second meeting in August while the Planning Department does additional review of the proposal, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-291

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 at 203 North 11th Street, abutting the east margin of North 11th Street, 50 feet north of Forrest Avenue, classified MUL, (.20 acres), the provisions of a Planned Unit Development District, to permit an existing restaurant an exemption from the minimum distance requirement included in the beer provisions of the Metro Code (Proposal No. 2004P-008U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.