Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, December 21, 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 Jim Shulman.

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

The Minutes of the meeting of December 7, 2004, were approved.

The roll was called and the following members were present during the progress of the meeting: Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard and President Gentry (36); Absent: Neighbors, Whitson, Alexander, Toler (4).

- ELECTIONS AND CONFIRMATIONS -

Arts Commission
Reappointment of Ms. Judy Liff Barker for a term expiring January 1, 2009. 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.

Reappointment of Mr. Jefferson Ockerman for a term expiring January 1, 2009. 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 Ms. Molly Pratt for a term expiring January 1, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Steve Sirls for a term expiring January 1, 2009. 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.

Community Access Television Corporation Board
Reappointment of Mr. Amit Patel for a term expiring October 10, 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.

Gas/Mechanical Examiners and Appeals Board
Appointment of Mr. Randy Chase for a term expiring August 21, 2008, as the mechanical contractor representative. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Municipal Solid Waste Region Board
Reappointment of Mr. Jim Downing for a term expiring December 15, 2010. At the request of the appointee, the nomination was withdrawn.

Reappointment of Dr. Decatur Rogers for a term expiring December 15, 2010. At the request of the appointee, the nomination was deferred.

Reappointment of Mr. John Sherman for a term expiring December 15, 2010. 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.

Reappointment of Mr. David Wilson for a term expiring December 15, 2010. At the request of the appointee, the nomination was deferred.

Wastewater Hearing Authority
Appointment of Mr. Pat Harrell for a term expiring October 1, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2004-647

A resolution appropriating $4,000 from the Contingency Account of the General Fund of the General Services District to Ujima House, Inc. to provide partial funding for its program services. The Budget and Finance Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

Without objection the rules were suspended for consideration of Bill No. BL2004-426 at this time.

BILL NO. BL2004-426

An ordinance creating the positions of Emergency Telecommunications Officer 1, Emergency Telecommunications Officer 2, Emergency Telecommunications Officer 3, Emergency Telecommunications Officer 4, Emergency Telecommunications Trainer, Emergency Telecommunications Supervisor, Emergency Telecommunications Manager, and Emergency Telecommunications Assistant Director. The bill was approved by the Personnel-Public Information-Human Relations-Housing and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

RESOLUTION NO. RS2004-648

A resolution amending the general pay plan for employees of the Metropolitan Government of Nashville and Davidson County, approved under Resolution No. RS2001-639, as amended, by adding the positions of Emergency Telecommunications Officer 1, Emergency Telecommunications Officer 2, Emergency Telecommunications Officer 3, Emergency Telecommunications Officer 4, Emergency Telecommunications Trainer, Emergency Telecommunications Supervisor, Emergency Telecommunications Manager, and Emergency Telecommunications Assistant Director. The resolution was approved by the Budget and Finance, Personnel-Public Information-Human Relations-Housing and Public Safety-Beer and Regulated Beverages Committees. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

RESOLUTION NO. RS2004-649

A resolution accepting a grant from the U.S. Department of Health and Human Services to The Metropolitan Department of Health to provide primary health care services to homeless people. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

RESOLUTION NO. RS2004-650

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 purchase computers, software, and related equipment. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

RESOLUTION NO. RS2004-651

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of John and Susie Yoon against The Metropolitan Government of Nashville and Davidson County for the amount of $41,827.97 and directing that this amount be paid from the Self-Insured Liability fund. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

Ms. McClendon requested a suspension of the rules for consideration of a late resolution, and no objection was made.

RESOLUTION NO. RS2004-654

A resolution accepting a direct appropriation of $655,000 from the State of Tennessee, Department of Finance and Administration, to the Davidson County Drug Court, a part of the State Trial Courts of the Metropolitan Government of Nashville and Davidson County, for the continued operation and services of the Davidson County Drug Court. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

Mr. Adkins requested a suspension of the rules for consideration of a late resolution, and objection was made by Mr. Wallace.

Mr. Briley requested a suspension of the rules for consideration of a late resolution, and no objection was made.

RESOLUTION NO. RS2004-655

A resolution amending Resolution No. RS2003-113, as amended, by extending the deadline for the Ethics Review Task Force to issue its report to the Metropolitan Council until March 31, 2005. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-497

An ordinance approving an agreement with the Nashville District Management Corporation for the administration of the Central Business Improvement District. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2004-498

An ordinance amending Chapter 7.08 of the Metropolitan Code of Laws to provide for a caterer’s permit for the sale of beer. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2004-499

An ordinance amending Section 7.08.090 of the Metropolitan Code of Laws to prohibit the issuance of a permit to sell beer to an applicant that has had a prior permit for the sale of beer or liquor revoked within the past twelve month period.
Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2004-500

An ordinance amending Section 7.08.090 of the Metropolitan Code of Laws to prohibit the issuance of a retailer’s “off-sale” beer permit for an establishment located within one hundred feet of another establishment currently in possession of a retailer’s “off-sale” permit. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2004-501

An ordinance authorizing the Director of Public Property, or his designee, to accept, execute and record a quitclaim deed from The Harpeth Youth Soccer Association to The Metropolitan Government of Nashville and Davidson County for a certain parcel of property (Proposal No. 2004M-009G-06). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Parks, Library, Recreation and Entertainment Facility, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-502

An ordinance authorizing the Director of Public Property Administration to execute the Second Amendment to Declaration of Reciprocal Easements and Restrictive Covenants to modify the restrictive covenants and grant a permanent easement and temporary construction easement across Fire Station #10 located at 15530 Old Hickory Boulevard (Map 161, Parcel 266) and accepting $25,521.00 from BSM Nippers, LLC in consideration for the granting of said easements (Proposal No. 2005M-018U-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-503

An ordinance abandoning a 8” sewer line and easement that will be replaced by a private 8” sewer line, that is shown on Map 85, Parcel 212, Project 04-SL-116, Heartland Christian Tower, located on Fernbrook Lane, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2004M-104U-14). 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. BL2004-504

An ordinance abandoning a 36” sewer line and easement that will be replaced in the right-of-way on Beth Drive, that is shown on Map 84, Parcels 8, 8.01, and 23, Project 04-SL-110, Cumberland Meadows, Phase 1, Section 2, located on Eastland Avenue, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2004M-103U-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.

- BILLS ON SECOND READING -

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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-421

An ordinance amending Chapter 5.04 of the Metropolitan Code of Laws to provide certain reporting requirements for nonprofit organizations receiving grants from the Metropolitan Government. The bill was approved by the Budget and Finance Committee. Mr. Cole moved to defer the bill on second reading, while discussion continues with non-profit leaders in the city, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-433

An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $42,711.00, plus reimbursement of training costs for Emergency Communications personnel. The bill was approved by the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-434

An ordinance amending Chapter 2.40 of the Metropolitan Code of Laws to require that all contracts providing for consulting services or performance audit services be approved by the Metropolitan Council. The Budget and Finance Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-435

An ordinance amending the rates for licensure and for operation of towing services with regard to the emergency towing of vehicles. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. The Budget and Finance Committee deferred the bill as amended. Ms. McClendon offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. McClendon moved to defer the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

Without objection, Bill No. BL2004-436 was moved to the heel of the second reading bills.

BILL NO. BL2004-437

An ordinance authorizing the acceptance of an easement described in the plans for Banbury Lane Stormwater Project No. 04-DL-706 (Proposal No. 2004M-069G-12). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-438

An ordinance authorizing the acceptance of easements described in the plans for 04-D-662, 1614 and 1616 Boscobel Street, Stormwater Project No. 04-D-0662 (Proposal No. 2004M-078U-05). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-439

An ordinance authorizing the acceptance of easements described in the plans for 4637 and 4641 Bull Run Road, Stormwater Project No. 02-D-0213 (Proposal No. 2004M-073G-03). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-440

An ordinance authorizing the acceptance of an easement described in the plans for 3528 Central Pike Stormwater Project No. 04-DL-0708 (Proposal No. 2004M-070G-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 second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-441

An ordinance authorizing the acceptance of easements described in the plans for Christiansted Lane Stormwater Project No. 03-D-0613 (Proposal No. 2004M-087G-12). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-442

An ordinance authorizing the acceptance of an easement described in the plans for 590 Claridge Drive at Donelson Pike, Stormwater Project No. 04-D-0687 (Proposal No. 2004M-074U-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-443

An ordinance authorizing the acceptance of an easement described in the plans for 1245 Dickerson Pike, Stormwater Project No. 04-DL-0719 (Proposal No.2004M-095G-02). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-444

An ordinance authorizing the acceptance of easements described in the plans for 3534 and 3530 Dickerson Pike, Stormwater Project No. 02-D-0227 (Proposal No. 2004M-077G-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 second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-445

An ordinance authorizing the acceptance of an easement described in the plans for 121 Dowdy Court, Stormwater Project No. 03-D-0482 (Proposal No.2004M-101U-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Kerstetter moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-446

An ordinance authorizing the acceptance of an easement described in the plans for Hendricks, Gary and Patricia Stormwater Project No. 04-DL-0714 (Proposal No. 2004M-084U-05). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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. BL2004-447

An ordinance authorizing the acceptance of an easement described in the plans for 3006 Hillside Road, Stormwater Project No. 03-D-0553 (Proposal No.2004M-075U-05). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-448

An ordinance authorizing the acceptance of an easement described in the plans for 6775 Holt Road Stormwater Project No. 03-D-0514 (Proposal No. 2004M-072G-12). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-449

An ordinance authorizing the acceptance of an easement described in the plans for 2879 Lincrest Drive, Stormwater Project No. 03-D-0377 (Proposal No. 2004M-097U-14). The bill was approved by the Planning Commission. The bill was approved by the Public Works and Planning, Zoning and Historical Committees with an amendment. Mr. White offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. White 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. BL2004-450

An ordinance authorizing the acceptance of an easement described in the plans for M & M Tennessee Investments Stormwater Project No. 04-D-0712 (Proposal No. 2004M-088G-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. BL2004-451

An ordinance authorizing the acceptance of an easement described in the plans for 3758 Nolensville Pike, Stormwater Project No. 04-DL-0718 (Proposal No. 2004M-096U-12). The bill was approved by the Planning Commission., Public Works and Planning, Zoning and Historical Committees. Mr. Adkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-452

An ordinance authorizing the grant of an easement to BellSouth Communications, Inc. at the southwest corner of Owen Bradley Park to install a fiber optic switching station, Map 93-13, Parcel 129, and accepting $7,000 in consideration therefore (Proposal No. 2005M-001U-10). The Budget and Finance, Public Works and Planning, Zoning and Historical Committees recommended deferment. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-453

An ordinance authorizing the acceptance of an easement described in the plans for 6309 Robertson Avenue, Stormwater Project No. 03-D-0634 (Proposal No. 2004M-079U-07). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Walls moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-454

An ordinance authorizing the acceptance of an easement described in the plans for Sisters of Mercy of Nashville Stormwater Project No. 04-DL-0713 (Proposal No. 2004M-085U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-455

An ordinance authorizing the acceptance of an easement described in the plans for 910 Tower Place, Stormwater Project No. 03-D-0365 (Proposal No.2004M-098U-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 second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-456

An ordinance authorizing the acceptance of an easement described in the plans for 4021 Woodmont Boulevard, Stormwater Project No. 03-D-0358 (Proposal No.2004M-076U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-457

An ordinance abandoning a 6”and 12” water line and easements and a 8” sewer line and easement that will be replaced by a public 8” and 12”water line and a 8” public sewer line, shown on Map 82-11, Parcels 56, 72, 73, 79, 104-149, and 157, Project 04-SL-80 and 04-WL-71, Sam Levy Homes Hope VI, and authorizing the execution of the documents necessary and appropriate to carry out the abandonment (Proposal No. 2004M-067U-05). The bill was approved by the Planning Commission and by the Public Works and Planning, Zoning and Historical Committees with an amendment. Ms. Murray offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Murray 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. BL2004-458

An ordinance authorizing United Telephone Company to construct, install, and maintain an underground communications cable at Burkitt Road and Battle Road (Proposal No. 2004M-107G-12). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Ms. Wilhoite
”abstaining.”

At this time Bill No. BL2004-436 was taken up for consideration.

BILL NO. BL2004-436

An ordinance authorizing the acceptance of an easement described in the plans for 4801 Alabama Avenue, Stormwater Project No. 04-DL-0716 (Proposal No.2004M-099U-07). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

Without objection Bill Nos. BL2004-160 and BL2004-161 were considered together.

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 and Planning, Zoning and Historical Committee.

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; the Planning, Zoning and Historical Committee recommended deferment.

Mr. Kerstetter moved to defer the bills on third reading, the bills being requested by CPS Land, LLC and Civil Site Design Group, respectively, which motion was seconded and adopted 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 and the 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, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Summers, Shulman, Adkins, Wilhoite, Kerstetter, Coleman, Williams, (27); “Noes” Wallace (1); “Abstaining” Greer, Crafton, Foster, Tygard (4).

Without objection Bill Nos. BL2004-388 and BL2004-389 were considered together.

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 and the Planning, Zoning and Historical Committee.

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 and the Planning, Zoning and Historical Committee.

Mr. Coleman moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (32); “Noes” (0).

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 and the Planning, Zoning and Historical Committee. Ms. Tucker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (33); “Noes” (0).

SUBSTITUTE BILL NO. BL2004-424

An substitute ordinance approving Amendment No. 7 to the Capitol Mall Redevelopment Project Plan. The substitute bill was approved by the Federal Grants Review Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (33); “Noes” (0).

BILL NO. BL2004-425

An ordinance authorizing the Metropolitan Mayor to submit a five year Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee. Ms. Murray moved moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (33); “Noes” (0).

BILL NO. BL2004-427

An ordinance amending Chapters 13.32 and 16.24 of the Metropolitan Code of Laws regarding the use of barbed wire and razor wire fencing. 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, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (32); “Noes” (0).

BILL NO. BL2004-428

An ordinance amending Chapter 2.40 of the Metropolitan Code of Laws to require the Metropolitan Department of Law to report to the Council all judgments entered against the Metropolitan Government. The bill was approved by the Budget and Finance Committee. Mr. Briley moved moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Williams, Tygard (32); “Noes” (0).

BILL NO. BL2004-429

An ordinance authorizing the Metropolitan Government to participate with Mr. Thomas L. Cunningham to provide public water service in Davidson County to Dawnbrook Project No. 01-WG-67. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Williams, Tygard (32); “Noes” (0).

BILL NO. BL2004-430

An ordinance approving and authorizing the Mayor to execute a contract with the State of Tennessee Department of Transportation for management, funding, and related matters for a signalization project at Dickerson Pike and Spring Street. The bill was approved by the Budget and Finance and Public Works Committees. 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, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

- MEMORIALIZING NON-BINDING RESOLUTIONS -

RESOLUTION NO. RS2004-607

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact the necessary legislation to require landlords to store the personal belongings of evicted tenants at the tenant’s expense. The Budget and Finance Committee recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-641

A resolution requesting the Mayor, the Director of Finance, and the Metropolitan Purchasing Agent to provide an explanation to the Council each time a contractor other than the lowest bidder is selected for a construction or capital project pursuant to a request for proposals process. The Budget and Finance Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-642

A resolution requesting the Mayor and the Metropolitan Development and Housing Agency to create an Office of Group Homes to serve as a repository for citizen concerns and direct citizens to the appropriate licensing agencies. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Ms. Murray moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-652

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow Tennessee residents who have had their driving privileges suspended in other states for moving violations to be eligible to obtain a Tennessee driver license if such prior moving violations are more than three years old. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

Without objection, the rules were suspended to accept one (1) late resolution.

RESOLUTION NO. RS2004-653

A resolution recognizing the contributions, services and memory of Councilman Chester Hughes of Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.