Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, October 5, 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 Billy Walls.

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

The Minutes of the meeting of September 21, 2004, were approved.

The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (39 ); Absent: Briley, Hughes (2).


- ELECTIONS AND CONFIRMATIONS -

Agricultural Extension Board
Reappointment of Mr. Robert Basse for a term expiring August 1, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Airport Authority
Appointment of Mr. Frank Garrison for a term expiring June 4, 2006, filling the unexpired term of Judge Gilbert Merritt.
At the request of the appointee, the confirmation was deferred.

Gas/Mechanical Examiners and Appeals Board
Reappointment of Ms. Shana Alford for a term expiring August 21, 2008. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Property Standards and Appeals Board
Reappointment of Mr. B. Riney Green for a term expiring April 6, 2008. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Lee Molette for a term expiring July 29, 2008. At the request of the appointee, the confirmation was deferred.

Stormwater Management Committee
Appointment of Mr. Walter Davidson for a term expiring October 31, 2005, filling the unexpired term of Ms. B.J. Osborne. At the request of the appointee, the confirmation was deferred.

Health and Educational Facilities Board
The President announced that two vacancies currently exist on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County and that nominations will be taken at the next regular meeting of the Council with an election held to fill the vacancies on November 4, 2004, pursuant to Rule 42 of the Rules of Procedure of the Metropolitan Council.


- PUBLIC HEARING -

RESOLUTION NO. RS2004-495

A resolution accepting a local law enforcement block grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance, Education and Public Safety-Beer and Regulated Beverages Committees. Mr. Dread requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for against the resolution and no one came forward. The President declared the public hearing closed. Mr. Dread moved to adopt the resolution, 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2004-460

A resolution authorizing O’Charley’s Inc. to install, construct and maintain an aerial encroachment/sign at 110 Coley Davis Court (Proposal No. 2004M-053G-06). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Crafton moved to adopt the resolution, 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-482

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, to pass on grants to non-profit organizations to conduct arts projects in Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded. Ms. Hausser called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Burch, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); “Noes” Gotto, White (2); “Abstaining” Craddock, Kerstetter (2).

RESOLUTION NO. RS2004-525

A resolution authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,297, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee for the sewer line at M.P.7.1 O.H., 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, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-526

A resolution amending Resolution No. RS2003-113, as amended by Resolution No. RS2004-298, by extending until December 31, 2004 the time for the Ethics Review Task Force to make its report to the Council. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Cole moved to adopt the resolution, 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-527

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County by and through the Nashville Career Advancement Center for programs and services to develop surgical first assistance. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-528

A resolution initiating the rezoning of 17.34 acres from RS7.5 to RS20, property located west of Dickerson Pike and along the north side of Pine Ridge Drive, for the purpose of waiving the zoning application fee. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded. Mr. Ryman moved to defer the resolution indefinitely, which motion was seconded. The matter recurred on the motion to defer indefinitely, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Dread, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Whitson, Foster, Toler, Bradley, Williams, Tygard (20); “Noes” Tucker, Gilmore, Isabel, Murray, Hart, Hausser, Wallace, Walls, Whitmore, Shulman, Adkins, Alexander, Wilhoite, Kerstetter, Coleman (15); “Abstaining” Crafton (1).

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

RESOLUTION NO. RS2004-538

A resolution initiating the cancellation of the existing Planned Unit Development for property located at 3140 Hamilton Church Road (8.46 acres), for the purpose of waiving the zoning application fee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded. After discussion, Ms. Neighbors called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt, which motion was adopted by the following vote: “Ayes” Tucker, Gilmore, Murray, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams (23); “Noes” Dozier, Neighbors, Dread, Craddock, Hart, Forkum, Ryman, Brown, Gotto, Greer, Tygard (11); “Abstaining” Jameson, Foster (2).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-379

An ordinance authorizing the abandonment of the existing sanitary sewer line easement for Project No. 03-SG-193 located on Map 72-02, Parcel 147.01 (Proposal No. 2003M-128U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-380

An ordinance authorizing the acquisition of property by negotiation or condemnation for the Simpkins Street Sidewalk Improvements Project, including curb and gutter, grass strip, sidewalk and associated improvements, from 1700 Simpkins Street to 1728 Simpkins Street, including 2116 and 2120 24th Avenue North. Project No. 04-R-07 (Proposal No. 2004M-106U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-381

An ordinance authorizing the Director of the Department of Water and Sewerage Services to enter into agreements with the State of Tennessee to certify the Department’s authority to approve water and wastewater engineering construction plans, and authorizing a fee schedule for the Department of Water and Sewerage Services to charge for review of such plans. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committee by a voice vote of the Council.

BILL NO. BL2004-382

An ordinance granting the Public Works Department the power and duty to manage and administer the Metropolitan Government’s participation in the Tennessee Fast Track Industrial Development Program (“FIDP”) and grants related thereto. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committee by a voice vote of the Council.

BILL NO. BL2004-383

An ordinance approving and authorizing the Metropolitan Mayor to execute a contract in lieu of performance bond with the Tennessee Department of Environment and Conservation regarding the Due West Dump Site. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committee by a voice vote of the Council.

BILL NO. BL2004-384

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, RM40, OR20 to RS5 district properties at McClurkan Avenue, Trevecca Avenue, Strouse Avenue, and Douglas Avenue, (24.05 acres), all of which is described herein (Proposal No. 2004Z-098U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-385

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 CL district property at 7096 Old Harding Pike and a portion of property at 7121 Highway 70 South, east of Hicks Road, (1.68 acres), all of which is described herein (Proposal No. 2004Z-013G-06). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-386

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 RM9 district a portion of property at Cooper Lane (unnumbered) south of Demarious Drive, (5.07 acres), all of which is described herein (Proposal No. 2004Z-125U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-387

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 Residential Planned Unit Development district located at 2303 and 2301 Cooper Lane, Cooper Lane (unnumbered), and Piedmont Avenue (unnumbered), (59.10 acres), to permit 153 total units, including 115 single family homes and 38 townhomes, all of which is more particularly described herein (Proposal No. 97P-036U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-388

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to RS15 district properties at 251 Holt Hills Road and Holt Hills Road (unnumbered) located at the eastern terminus of Christiansted Lane and Palomar Court, (20 acres), all of which is described herein (Proposal No. 2004Z-119G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-389

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 the provisions of a Planned Unit Development district located at 251 Holt Hills Road and Holt Hills Road (unnumbered), at the terminus of Palomar Court and Christiansted Lane, to permit 49 single-family lots, all of which is described herein (Proposal No. 2004P-024G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-390

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 ON district property at 609 McGavock Pike north of Elm Hill Pike, (0.74 acres), all of which is described herein (Proposal No. 2004Z-107U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-391

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 property at 6515 Holt Road east of Redmond Lane, (6.60 acres), all of which is described herein (Proposal No. 2004Z-121G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-392

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 the provisions of a Planned Unit Development district property located at 6515 Holt Road, 1,500 feet east of Redmond Court, (6.6 acres), to permit 17 single-family lots, all of which is described herein (Proposal No. 2004P-023G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-393

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 MUL district property at 4200 Hillsboro Pike at the southeast corner of Overhill Drive and Hillsboro Pk., (0.43 acres), all of which is described herein (Proposal No. 2004Z-117U-10). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-394

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 RM6 to MUN district properties at 5606 Cloverland Drive, Old Hickory Boulevard (unnumbered), and 675 Old Hickory Boulevard at the southeast corner of Cloverland Drive and Old Hickory Boulevard, (3.76 acres), all of which is described herein (Proposal No. 2004Z-066U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-395

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 the provisions of a Planned Unit Development district located at 5606 Cloverland Drive , Old Hickory Boulevard (unnumbered) and 675 Old Hickory Boulevard along the south side of Old Hickory Boulevard, and the east side of Cloverland Drive (3.76 acres), to permit 16 condominium units and 12,015 square feet of office uses, all of which is described herein (Proposal No. 2004P-021U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-396

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 MUL district property at 1110 Gilmore Place approximately 130 feet east of 12th Avenue South, (0.16 acres), all of which is described herein (Proposal No. 2004Z-105U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-397

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 and CS to MUL district properties at 1113 and 1115 Montrose Ave., 1114A,1114B, and 1116 Halcyon, 2600, 2702, 2704, and 2706 12th Ave.S. , (1.25 acres), all of which is described herein (Proposal No. 2004Z-127U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-398

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 CL district a portion of property at 10638 Concord Road, along the south side of Nolensville Pike,(10 acres), all of which is described herein (Proposal No. 2004Z-114G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-399

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 a Commercial PUD located at Route 1 Old Hickory Boulevard, west of I-24, classified CS, (4.22 acres), approved for a bus repair facility on the adjacent parcel within the PUD, all of which is described herein, (Proposal No. 310-84-G-03). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-400

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, CL to CS district properties at 727, 729, 733, and 739 Briley Parkway south of Interstate 40, (12 acres), all of which is described herein (Proposal No. 2004Z-138U-13). 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. BL2004-401

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 district located at 729, 733, 727, and 739 Briley Parkway, located at Briley Parkway and Dabbs Avenue, (12.02 acres), all of which is described herein, (Proposal No. 40-71-G-13). 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. BL2004-402

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 RS7.5 district property at 3161 Hamilton Church Road, northeast of Murfreesboro Pike, (6 acres), all of which is described herein (Proposal No. 2004Z-101U-13).
The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-403

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 the provisions of a Planned Unit Development district to property located at 3161 Hamilton Church Road, located along the south side of Hamilton Church Road, 1,600 feet east of Murfreesboro Pike, (6.0 acres), to permit 27 single-family lots, all of which is described herein (Proposal No. 2004P-022U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-404

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 MUN district property at 600 Garfield and 1707 6th Ave. N., (0.59 acres), all of which is described herein (Proposal No. 2004Z-110U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-405

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 RM20 district properties at 1411 and 1421 Rural Hill Road 375 feet north of Mt. View Road, (9.70 acres), all of which is described herein (Proposal No. 2004Z-104U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-406

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 Sunnyside at Sevier Park at 3000 Granny White Pike (20.43 acres), the City Cemetery at 4th Ave South (unnumbered), (28.24 acres), the Omohundro Water System at 1400 Pumping Station Road and 546 Cave Road (28.27), the City Reservoir at 824 West Argyle Avenue and 1401 8th Avenue South (16.96 acres), Lindsley Hall at 730 2nd Avenue South, the Trolley Barns on Rolling Mill Hill at 33 Peabody Street, (12.08), the Shelby Street Bridge, between the Gateway and Woodland Street Bridges, all of which is described herein (Proposal No. 2004Z-108U). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-407

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 and R80 to CS district property at Highway 70 S (unnumbered), along the east side of Old Charlotte Pike, (6.46 acres), all of which is described herein (Proposal No. 2004Z-051G-06). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-408

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 facilitating the appropriate placement and design of two-family dwelling units, all of which is more particularly described herein (Proposal No 2004Z-020T). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-409

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.740 to provide for the waiver of application fees for certain zoning applications, all of which is more specifically described herein (Proposal No. 2004Z-021T). 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. BL2004-410

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.310 to require that all court proceedings associated with violations of the zoning code be resolved before the Board of Zoning Appeals may hold a public hearing upon a variance application for relief from the Code provisions that are the subject matter of the violation (Proposal No. 2004Z-022T). 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.

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

BILL NO. BL2004-411

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 to ORI district property at 3000, 3002 and 3004 Vanderbilt Place, 119 and 121 29th Avenue South, and 120 30th Avenue South (1.39 acres), all of which is described herein (Proposal No. 2004Z-142U-10). 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.

- BILLS ON SECOND READING -

BILL NO. BL2004-345

An ordinance amending Chapter 16.04 of the Metropolitan Code of Laws to require the front entrances of single-family homes to face a public or private street. The Codes, Fair and Farmers Market Committee recommended deferment. Ms. McClendon moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-373

An ordinance amending Substitute Ordinance No. BL2004-245 by renumbering an incorrect section number. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-374

An ordinance amending Chapter 12.12 of the Metropolitan Code to require annual reporting on the implementation of the Metro Neighborhood Traffic Management Program. The Public Safety-Beer and Regulated Beverages and Traffic and Parking Committees approved the bill with an amendment. Ms. Williams offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Williams 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. BL2004-375

An ordinance approving and authorizing the Metropolitan Mayor or his designee to execute a license agreement with the Motion Picture Licensing Corporation relating to the use of motion pictures and other licensed programs at Metropolitan Community Center facilities. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-376

An ordinance authorizing the acceptance of a certain easement described in the plans for Morton Mill Road, Project No. 03-D-0499 (Proposal No. 2004M-051G-06). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-377

An ordinance authorizing the acceptance of an easement described in the plans for Heritage Court Stormwater Project No. 03-D-0368 (Proposal No. 2004M-049G-04). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-378

An ordinance authorizing the Metropolitan Government to participate with Centex Homes to provide public sewer service at Lakeside Cove at Percy Priest Pumping Station, Project Nos. 04-SL-69 and 04-SL-69A. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Bradley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-160 and BL2004-161 were called up for action and were considered together on second reading.

BILL NO. BL2004-160

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 to RM6 (25.86 acres) and MUL (1.61 acres) districts properties at Chadfield Way (unnumbered), Una Antioch Pike (unnumbered), and Bowfield Drive (unnumbered), (27.47 acres), all of which is described herein (Proposal No. 2004Z-010U-13). The bill was approved by the Planning Commission.

BILL NO. BL2004-161

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the north margin of Una-Antioch Pike, opposite Hickory Hollow Parkway, (27.4 acres), classified RS7.5 and proposed for RM6 and MUL, the provisions of a Planned Unit Development District, to permit the development of 139 townhomes, 16 single-family lots, and 14,000 square feet of commercial uses (Proposal No. 2004P?004U?13). The bill was approved by the Planning Commission.

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

- BILLS ON THIRD READING -

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, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

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. The bill was approved by the Health, Hospitals and Social Services; Parks, Library, Recreation and Entertainment Facility; and Public Works Committees. Mr. Greer 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 to the motion to pass the bill on third reading, which motion was adopted by the following vote: “Ayes” Neighbors, Tucker, Dread, Gilmore, Craddock, Murray, Jameson, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (32); “Noes” Dozier, Isabel, Forkum (3); “Abstaining” Cole, Hart, Wallace (3).

Without objection Bill Nos. BL2004-327 and BL2004-328 were considered together.

BILL NO. BL2004-327

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 RS7.5 district properties at 4302 Parkview Circle approx. 170 feet north of Glenwood Avenue (0.37 acres), all of which is described herein (Proposal No. 2004Z-094U-10). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

BILL NO. BL2004-328

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 the provisions of a Planned Unit Development district to property located at 4302 Parkview Circle, south of Frances Avenue (0.37 acres), all of which is described herein (Proposal No. 2004P-017U-10). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

Mr. Shulman moved to moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Dread, Gilmore, Craddock, Murray, Jameson, Cole, Ryman, Brown, Gotto, Burch, White, McClendon, Hausser, Wallace, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (30); “Noes” (0); “Abstaining” Neighbors, Isabel, Hart, Greer, Bradley (5).

BILL NO. BL2004-341

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 04-SL-064A, Off-site Tillman Subdivision (Proposal No.2004M-035G-13). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Bradley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-346

An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws regarding minimum standards for the construction and maintenance of fences. The bill was approved by the Codes, Fair and Farmers Market Committee. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-347

An ordinance approving a contract for the performance of juvenile detention services by the juvenile court of The Metropolitan Government of Nashville and Davidson County for the State of Tennessee, Department of Children’s Services. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-348

An ordinance authorizing the acquisition of property by negotiation or condemnation for Granny White Pike Sidewalk Improvements Project for curb and gutter, grass strip, sidewalk and associated improvements from Kirkwood Avenue to Clayton Avenue Project No. 04-M-29 (Proposal No. 2004M-068U-10). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-350

An ordinance amending chapter 11.28 of the Metropolitan Code of Laws regarding the operation of pinball machines by minors. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded. After discussion, Mr. Cole 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, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Dread, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, McClendon, Greer, Hausser, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Toler, Coleman, Bradley, Williams, Tygard (24); “Noes” Tucker, Isabel, Brown, Gotto, Burch, White, Loring (7); “Abstaining” Gilmore, Wallace, Walls, Whitmore, Wilhoite (5).

BILL NO. BL2004-351

An ordinance amending Chapter 6.72 of the Metropolitan Code of Laws to provide for a taxicab passenger’s Bill of Rights. The bill was approved by the Public Safety-Beer and Regulated Beverages. Mr. Dread moved to pass the bill on third reading, which motion was seconded. After discussion, Mr. Kerstetter 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, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (34); “Noes” Greer (1); “Abstaining” Forkum (1).
Mr. Wallace moved for re-consideration of the vote, which motion received not less than four seconding motions as required by Rule No. 34 of the Rules of Procedure of the Metropolitan Council.

BILL NO. BL2004-352

An ordinance requiring all departments, boards and commissions to develop an implementation plan pursuant to Title VI of the Civil Rights Act of 1964 and requiring annual compliance reports by such departments, boards and commissions. The bill was approved by the Budget and Finance Committee. Mr. Coleman moved to defer the bill for two meetings, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-353

An ordinance amending Chapter 10.60 of the Metropolitan Code of Laws by making certain technical and procedural modifications regarding burglar and fire alarm permits, violations, revocations, and appeals. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-355

An ordinance consenting to mergers of Tennessee Football LP, Cumberland Stadium LP, and Dream Suites LP, and acknowledging the assumption of the obligations of these entities by Tennessee Football Inc., Cumberland Stadium Inc. and Dream Suites Inc. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-356

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before May 18, 2004. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-357

An ordinance abandoning public utility and drainage easements on Lots 461 and 462, as shown on Map 158-04, Parcels 14 and 18, Project 04-DG-88, Sherwood Drive, and authorizing the execution of related documents (Proposal No. 2004M-052G-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Williams “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-358

An ordinance authorizing the acceptance of certain easements described in the plans for Wildview Drive Stormwater Project No. 03-D-0376 (Proposal No. 2004M-046U-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. McClendon moved to pass the bill 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

BILL NO. BL2004-359

An ordinance authorizing the acceptance of certain easements described in the plans for Cross Creek Road Stormwater Project No. 03-D-0356 (Proposal No. 2004M-036U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Williams moved to pass the bill 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

BILL NO. BL2004-360

An ordinance authorizing the acceptance of certain easements described in the plans for Craighead Patten Properties Stormwater Project No. 04-DL-0689 (Proposal No. 2004M-060U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

BILL NO. BL2004-361

An ordinance authorizing the acceptance of an easement described in the plans for First Universal Church Stormwater Project No. 04-DL-0690 (Proposal No. 2004M-061U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

BILL NO. BL2004-362

An ordinance authorizing the acceptance of an easement described in the plans for Brick Church Pike Stormwater Project No. 02-D-0173 (Proposal No. 2004M-059G-02). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Tucker moved to pass the bill 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

BILL NO. BL2004-363

An ordinance authorizing the acceptance of an easement described in the plans for Robwood Drive Stormwater Project No. 02-D-0192 (Proposal No. 2004M-048U-02). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Tucker moved to pass the bill 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

BILL NO. BL2004-364

An ordinance authorizing the acceptance of an easement described in the plans for Hickory Hill Lane Stormwater Project No. 03-D-0579 (Proposal No. 2004M-062G-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. White moved to pass the bill 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

BILL NO. BL2004-365

An ordinance authorizing the acceptance of certain easements described in the plans for Indian Summer Drive Stormwater Project. No. 03-D-0391 (Proposal No. 2004M-037G-02). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Tucker moved to pass the bill 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

BILL NO. BL2004-366

An ordinance authorizing the Metropolitan Government to participate with CPS Land, LLC, to provide public sewer service in Williamson County to Bridgeton Park, Phase Two Subdivision Project No. 03-SL-130. 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, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-367

An ordinance authorizing the Metropolitan Government to participate with CPS Land, LLC, to provide public sewer service in Williamson County to Bridgeton Park, Phase Three Subdivision Project No. 04-SL-049. 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, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-368

An ordinance authorizing the Metropolitan Government to participate with Cates Kottas Development Company, LLC. to provide public sewer service in Williamson County to Bent Creek Subdivision Project No. 04-SL-36. 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, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

BILL NO. BL2004-369

An ordinance authorizing the Metropolitan Government to participate with Cates Kottas Development Company, LLC. to provide public sewer service in Williamson County to the Brookfield Estates Section 15 and Section 17 Subdivision Project No. 04-SL-114. 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, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, 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 (38); “Noes” (0).

- MEMORIALIZING NON-BINDING RESOLUTIONS -

RESOLUTION NO. RS2004-509

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow the Metropolitan Government to require that teachers in grades 7 through 12 have a degree in the subject in which they teach. The Education Committee recommended indefinite deferment. Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-511

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to make the Sales and Use Tax applicable to taxicab services, limousine services, and tour bus services. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded. Ms. Hausser moved to defer the resolution indefinitely, which motion was seconded. Mr. Alexander moved to table the motion to defer, which motion was seconded and failed by a voice vote of the Council. The matter recurred on the motion to defer indefinitely, which motion failed by a roll call vote of the Council. The matter recurred on the motion to adopt the resolution, which motion was adopted by the following vote: “Ayes” Isabel, Craddock, Murray, Forkum, Ryman, Brown, Burch, White, Loring, Wallace, Whitmore, Crafton, Whitson, Alexander, Wilhoite, Tygard (16); “Noes” Dozier, Neighbors, Dread, Jameson, Cole, Gotto, Hausser, Walls, Summers, Shulman, Adkins, Foster, Toler, Bradley, Williams (15); “Abstaining” Tucker, Gilmore, Hart, Greer, Coleman (5).

RESOLUTION NO. RS2004-513

A resolution requesting the Mayor to relocate the Department of Codes Administration and the Planning Department from the Howard School Building to Metrocenter upon completion of the Courthouse renovation. The resolution was disapproved by the Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees. Mr. Isabel moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-517

A resolution requesting the Hospital Authority to submit a progress report to the Council every six months regarding the transfer of operation of the Knowles Home to the Hospital Authority. The Health, Hospitals and Social Services Committee recommended deferment. Ms. Gilmore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-518

A resolution requesting the Mayor, the Metropolitan Development and Housing Agency, and the Metropolitan Department of Parks and Recreation to include the expansion and redevelopment of the Riverfront Park as part of any proposed riverfront development project by restoring the ice skating rink and the Red Grooms Carousel, and by constructing a new amphitheatre. The Parks, Library, Recreation and Entertainment Facility Committee approved the resolution with an amendment. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-529

A resolution proclaiming October 2004 as Domestic Violence Awareness month. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-530

A resolution proclaiming October 3 through 10, 2004, as Walk Nashville Week and October 6, 2004, as Walk To School Day. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-531

A resolution proclaiming October 18-22, 2004, National Racial Equality Week in the City of Nashville, Tennessee. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-532

A resolution requesting the Tennessee Department of Transportation to install noise abatement walls along Interstate 40 from 46th Avenue North to 18th Avenue, and to increase efforts to maintain the right-of-way along this section of Interstate 40. The resolution was approved by the Transportation Committee. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-533

A resolution requesting the Metropolitan Department of Codes Administration to examine the feasibility of having inspectors in the Property Standards Division work until dusk on certain weeknights and/or on weekends. Mr. Bradley offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE RESOLUTION NO. RS2004-533

A resolution requesting the Metropolitan Department of Codes Administration to examine the feasibility of having inspectors in the Property Standards Division work certain night and weekend shifts, and to consider the safety of such inspectors working at night. The substitute resolution was approved by the Codes, Fair and Farmers Market Committee. Mr. Bradley moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-534

A resolution requesting the Tennessee Congressional Delegation to support legislation implementing the National Affordable Housing Trust Fund Act, and to sign on to the discharge petition to move the legislation forward. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-535

A resolution requesting Comcast Cable to provide discounted service to residents of senior citizen housing centers. 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, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-536

A resolution requesting the Tennessee Department of Transportation to examine the feasibility and determine the cost of constructing sidewalks and installing guardrails along Harding Place from Interstate 24 to Interstate 65. The resolution was approved by the Public Works Committee. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

RESOLUTION NO. RS2004-537

A resolution requesting the Metropolitan Police Department to examine the feasibility of implementing an automated traffic enforcement program through the use of cameras at busy intersections. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Wilhoite moved to suspend the rules to override the committee recommendation, and no objection was made. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.