Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, July 19, 2005


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 David Briley.

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

The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (37); Absent: Brown, Hausser, Whitson (3).

The Minutes of the meeting of July 5, 2005, were approved.

- MOTION TO RECONSIDER -

BILL NO. BL2005-665

An ordinance amending Ordinance No. 65-464, as amended by Ordinance No. 68-525, as amended by Ordinance No. 080-294, relating to the levy of a local option sales and use tax by the Metropolitan Government in accordance with the provisions of Tennessee Code Annotated, Sections 67-6-701 through 67-6-716. Upon motion previously made and duly seconded, the vote to reconsider Bill No. BL2005-665 was taken and failed by the following vote: "Ayes" Dozier, Dread, Craddock, Hart, Gotto, Burch, White, Wallace, Crafton, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Williams, Tygard (16); "Noes" Neighbors, Tucker, Briley, Gilmore, Isabel, Murray, Jameson, Cole, Forkum, Ryman, Loring, McClendon, Greer, Walls, Whitmore, Adkins, Toler, Coleman (18); "Abstaining" Summers (1).

- ELECTIONS AND CONFIRMATIONS -

Plumbing Examiners and Appeals Board
Reappointment of Mr. Brian Tibbs for a term expiring March 10, 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.

Public Records Commission
Appointment of Mr. Sam Coleman for a term expiring August 31, 2007. Councilman Coleman will serve as the Metropolitan Council representative on the Commission. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, 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, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

- RESOLUTIONS -

Without objection Resolution Nos. RS2004-539, RS2004-574, RS2005-679 and RS2005-820 were considered together.

RESOLUTION NO. RS2004-539

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended approval of this resolution with an amendment.

RESOLUTION NO. RS2004-574

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment.

RESOLUTION NO. RS2005-679

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment.

RESOLUTION NO. RS2005-820

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment.

Mr. Wallace moved to defer the resolutions indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-823

A resolution appropriating the amount of $6,030 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Council of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-848

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount not to exceed Two Hundred Eighty-Six Million Eight Hundred Seven Thousand One Hundred Dollars ($286,807,100) to be financed by the ad valorem levy on property in the general services district and in an aggregate principal amount of Eighteen Million Nine Hundred Thirty Thousand Dollars ($18,930,000) to be financed by the ad valorem levy on property in the urban services district. The Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-897

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

RESOLUTION NO. RS2005-898

A resolution to accept agreements for payments in lieu of ad valorem taxes (PILOT) as approved by the Industrial Development Board. The resolution was approved by the Budget and Finance Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-899

A resolution approving the Benefit Board's waiver of repayment of pension benefit overpayments to ten pensioners under Section 3.08.230 of the Metropolitan Code of Laws. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committee Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-900

A Resolution appropriating Ten Thousand Dollars ($10,000) from the Unappropriated Fund Balance of the General Fund of the General Services District to fund an Economic Impact Study regarding Metropolitan Government employees living outside of Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Hart, Forkum, Ryman, Gotto, Burch, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (28); "Noes" Briley, Jameson, Cole, Shulman, Adkins (5).

RESOLUTION NO. RS2005-901

A resolution authorizing the Metropolitan Government to enter into an interlocal agreement with the State of Tennessee to use 40 parking spaces near the Ben West Library on the first and third Monday and Tuesday of each month after 5:00 p.m. (Proposal No. 2005M-107U-09). Mr. Jameson moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-902

A resolution approving an agreement by and between the Safety Net Consortium of Middle Tennessee, LLC and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to integrate and coordinate the services of health care providers in middle Tennessee in order to more effectively provide health services to the uninsured. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-903

A resolution approving an application for a Community Action for Renewed Environment (CARE) Program grant from the United States Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, by and through the Department of Health. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-904

A resolution approving an application for a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County for an indoor air quality educational and outreach program.
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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-905

A resolution approving an application for a grant from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County for Juvenile Court employee training. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-906

A resolution approving an application for a Juvenile Accountability Block Grant from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-907

A resolution accepting a grant from the Tennessee Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Parks and Recreation, for restoration, rehabilitation, and connection of recreation trails on Richland Creek Greenway. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-908

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County to support homeland security capabilities. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-909

A resolution authorizing Adventure 3 Properties, G.P., to install, construct and maintain a sign encroachment in right-of-way approximately 3 feet deep by 12 feet tall hanging above the sidewalk at 618 Church Street (Proposal No. 2005M-121U-09). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote:
"Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-910

A resolution authorizing Ritzen Group Inc, to install, construct and maintain a canopy encroachment in right-of-way, wall-mounted approximately 18 feet 7 inches long, hanging over the sidewalk 5 feet, located at 119 3rd Avenue South (Proposal No. 2005M-122U-09). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-911

A resolution accepting $8,470.37 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's property damage claim against Ledford Tire and Trucking. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2005-717

An ordinance amending Section 6.52.020 of the Metropolitan Code of Laws to allow an apprentice plumber to work under the direction of a master or journeyman plumber as an alternative to an apprenticeship program registered with the U.S. Department of Labor. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2005-725

An ordinance amending Section 11.28.210 of the Metropolitan Code of Laws expanding the hours of the curfew for juveniles. 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. BL2005-727

An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws exempting vehicles with a visible disabled driver placard from the provision requiring motor vehicles to be parked on a paved or graveled driveway. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2005-728

An ordinance amending Article 13 of the Metropolitan Code of Laws to prohibit soliciting employment within the right-of-way. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2004-183

An ordinance amending Section 13.24.130 of the Metropolitan Code of Laws requiring the Board of Parks and Recreation to designate an area of Elmington Park as a "dog friendly zone." The bill was approved by the Parks, Library, Recreation and Public Entertainment Facility Committee. 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. BL2005-580

An ordinance amending Chapter 2.72 of the Metropolitan Code of Laws regarding ethical standards for members and prospective members of Metropolitan Government boards and commissions. Mr. Summers offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2005-580

An ordinance amending Chapter 2.72 of the Metropolitan Code of Laws regarding ethical standards for members and prospective members of Metropolitan Government boards and commissions. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Summers moved to defer the substitute bill to the first meeting in December, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-636

An ordinance amending Section 10.20.300 of the Metropolitan Code of Laws regarding dumpster-type containers located within three hundred feet of a residential structure, all of which is more particularly described herein. The bill was approved by the Public Works Committee. 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. BL2005-651

An ordinance amending Section 12.08.150 of the Metropolitan Code by reducing the authority to tow vehicles illegally parked within the area of Metropolitan Government. The Public Safety-Beer and Regulated Beverages 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. BL2005-667

An ordinance naming the criminal courts building on Second Avenue North, adjacent to the Ben West Building, as the "Justice A. A. Birch Building". The bill was approved by the Planning, Zoning and Historical Committee; the Public Safety-Beer and Regulated Beverages and Rules-Confirmations-Public Elections Committees recommended deferment. Ms. Wilhoite moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-668

An ordinance amending Section 16.04.200 of the Metropolitan Code of Laws regarding permissible materials used in the construction of fences and other regulations pertaining to fences. The bill was approved by the Codes, Fair and Farmers Market Committee. 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 pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-700

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending the Bedford Avenue Urban Design Overlay (UDO) district, to eliminate floor area ratio exemptions, to limit the size of restaurants, and to eliminate maximum building footprints, all of which is more particularly described herein (Proposal No. 2005UD-005U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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. BL2005-702

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.36.300 (Permitted Land Uses) and Section 17.36.320 (Variation of conventional standards), to permit alternative development standards for specific land uses within Urban Design Overlay districts (Proposal No. 2005Z-97T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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. BL2005-705

An ordinance naming the complex consisting of the Ben West Building and the new Criminal Courts Building on Second Avenue North, adjacent to the Ben West Building, jointly as the "Justice A. A. Birch Complex". The bill was approved by the Planning, Zoning and Historical Committee; the Public Safety-Beer and Regulated Beverages and Rules-Confirmations-Public Elections Committees recommended deferment. Mr. Greer moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-706

An ordinance amending Chapter 13.26 of the Metropolitan Code of Laws establishing the process and procedure for naming public structures and spaces of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Planning, Zoning and Historical Committee; the Rules-Confirmations-Public Elections 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. BL2005-707

An ordinance amending Section 2.40.130 of the Metropolitan Code of Laws pertaining to defense counsel for employees.
The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Briley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-708

An ordinance authorizing the Metropolitan Government to participate with Richard Argo to provide public sewer service in Davidson County to 6260-6268 Nolensville Road , Project No. 03-SC-216. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-709

An ordinance approving the disposition of a certain parcel of surplus property by the Director of Public Property listed as Williamson County Tax Map 56L, Group "D", Parcel 1. The bill was approved by the Budget and Finance, 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. BL2005-710

An ordinance to amend the Geographical Information Systems Map for The Metropolitan Government of Nashville and Davidson County, by naming the three private drives in Nashboro Village, Tract 18, Nashboro Greens, Nashboro Greens Court and Nashboro Greens Way (Proposal No. 2004M-110U-13). The bill was approved by the Planning Commission and Emergency Communications District Board, Traffic and Parking and Planning, Zoning and Historical Committees; the Public Works Committee recommended deferment. Ms. Wilhoite moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-711

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Reischa Drive, between Donna Kay Drive and the dead end, to "Providence Park Lane" (Proposal No. 2005M-052U-12). The bill was approved by the Planning Commission, Emergency Communications District Board and Planning, Zoning and Historical Committee; the Public Works and Traffic and Parking Committees recommended deferment. Mr. Adkins moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-714

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Dozier moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-715

An ordinance approving an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding participation in the National Integrated Ballistic Information Network. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages 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. BL2005-716

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring a sanitary sewer easement for use in public project of the Metropolitan Government, initially with relation to Project No. 04-SL-69, Lakeside Cove At Percy Priest, Phase 1 (Proposal No. 2005M-126G-13). The bill is referred to the Planning Commission. The bill was approved by the Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Bradley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-718

An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws regarding the storage of trailers and watercraft in the front yard of residential property. The Codes, Fair and Farmers Market Committee recommended deferment. Mr. Hart moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-719

An ordinance abandoning a 10 foot utility easement, that is shown on Map 105-09, Parcel 100.00, Project 05-SG-30, Belmont University, Residence Hall and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-065U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical 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. BL2005-720

An ordinance approving and authorizing the Metropolitan Mayor to execute a cost sharing agreement for planning assistance between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County for the Cumberland Riverfront Redevelopment Plan Project. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committee. Mr. Jameson moved to pass the bill on second reading, which motion was seconded. Mr. Isabel moved to defer the bill, which motion was seconded. Mr. Walls moved to table the motion to defer, 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 a voice vote of the Council.

BILL NO. BL2005-721

An ordinance authorizing the Metropolitan Government to participate with Blue Bell Creameries, L.P., to provide public sewer service in Williamson County to Blue Bell Creameries, L.P. , Project No. 04-SL-92. The bill was approved by the
Budget and Finance and Public Works 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. BL2005-722

An ordinance abandoning an 8 inch sanitary sewer line and easement that will be replaced by an 8 inch sanitary sewer line, that is shown on Map 135, Parcels 239.01, 239.02, and 240, Project 05-SL-27, Shoppes at Nashboro, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-075U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee recommended deferment. Ms. Wilhoite moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-723

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project Number 04-WG-172, McCammon and Duncan (Proposal No.2005M-045G-02). The bill was approved by the Planning Commission, Budget and Finance, 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. BL2005-724

An ordinance establishing the Seniors Tax Relief Grant Program for the purpose of providing assistance to elderly resident tax-payers of Davidson County and to allocate and appropriate the additional sales tax revenue that will be received if the voters approve an increase in the local option sales tax. Ms. Neighbors offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2005-724

An ordinance establishing the Seniors Tax Relief Grant Program for the purpose of providing assistance to elderly resident tax-payers of Davidson County and to allocate and appropriate the additional sales tax revenue that will be received if the voters approve an increase in the local option sales tax. The substitute bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2004-201

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS80 to CS district a portion of property at 7118 Charlotte Pike, approximately 1,100 feet south of River Road (7.3 acres), all of which is described herein (Proposal No. 2004Z-033G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0); "Abstaining" Crafton (1).

BILL NO. BL2004-431

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that district councilmembers be notified by the planning commission in writing of all requests for modification to planned unit developments prior to the approval of such modifications (Proposal No. 2004Z-023T). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Greer moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-521

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Longhunter Court to "Nashboro Greens" (Proposal No. 2004M-110U-13). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Wilhoite moved
to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-543

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL (0.42 acres) and OL (5.9 acres) to RM9 district property located at Route 5 Highway 100 south of Collins Drive, (6.32 acres), all of which is described herein (Proposal No. 2005Z-010G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-585

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter a lease agreement with Two Rivers Corporate Centre, L.P. (Proposal 2005M-069U-14). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on third reading, which motion was seconded. Mr. White moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-649

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 Urban Design Overlay District to various properties located between 1st Avenue South and 8th Avenue South and between Demonbreun Street/Molloy Street and Peabody Street, and along the south side of Lafayette Street, classified CF, (40.92 acres), to permit a mixture of uses, including office, residential, and commercial uses with detailed design standards (40.92 acres), all of which is described herein (Proposal No. 2005UD-002U-09). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-650

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.12 regarding accessory building floor area controls by increasing the permissible square footage of accessory buildings from 600 square feet to 700 square feet, all of which is more specifically described herein (Proposal No. 2005Z-074T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-656

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 Commercial Planned Unit Development district at 13011 Old Hickory Boulevard abutting the east side of Old Hickory Boulevard at I-24 South, to permit a 3,870 square foot addition to the existing 24,355 square foot convenience market/truck stop facility which includes access to Old Hickory Boulevard and Firestone Parkway, all of which is more particularly described herein (Proposal No. 89-67-G-13).
The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-658

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.070 to require permanent on-premises signs to be constructed of rigid materials, all of which is more specifically described herein (Proposal No. 2005Z-080T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Bradley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-673

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 R40 to RS40 district various properties located south of Harding Place, north of Tyne Boulevard (271.06 acres), all of which is described herein (Proposal No. 2005Z-088U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Williams moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Burch, Loring, McClendon, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (31); "Noes" Greer (1).

BILL NO. BL2005-676

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 district property located at various properties south of Centennial Boulevard, west of 40th Street between 40th and 45th (37.35 acres), all of which is described herein (Proposal No. 2005Z-087U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, Loring, McClendon, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (30); "Noes" Greer (1).

Without objection Bill Nos. BL2005-677, BL2005-678, BL2005-679 and BL2005-680 were considered together.

BILL NO. BL2005-677

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, IWD, and CS to SCR district properties at Dickerson Pike (unnumbered), 3466 and 3446 Dickerson Pike, abutting the west side of Dickerson Pike (81.71 acres), all of which is described herein (Proposal No. 2004Z-113G-02). The bill was approved by the Planning Commission.

BILL NO. BL2005-678

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 SCR district a portion of property at Dickerson Pike (unnumbered), approximately 1,500 feet west of Dickerson Pike (6.82 acres), all of which is described herein (Proposal No. 2004Z-115G-02). The bill was approved by the Planning Commission.

BILL NO. BL2005-679

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 Dickerson Pike (unnumbered), and 3438, 3446, 3466 Dickerson Pike, north of Doverside Drive, to permit 718,781 square feet of retail and restaurant uses (125.84 acres), all of which is described herein (Proposal No. 2005P-010G-02). The bill was approved by the Planning Commission.

BILL NO. BL2005-680

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling an existing Residential Planned Unit Development district located at the terminus of Mulberry Downs Circle, and approximately 1,500 feet west of Dickerson Pike, to remove a 19.75 acre portion from the PUD, all of which is described herein (Proposal No. 88P-056G-02). The bill was approved by the Planning Commission.

The Planning, Zoning and Historical Committee recommended deferment of the bills. Ms. Tucker moved to defer the bills on third reading the bills, being requested by Gresham Smith & Partners, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-681

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 OL district a portion property located at 5433 Edmondson Pike, approximately 850 feet south of Brentwood Place (0.43 acres), all of which is described herein (Proposal No. 2005Z-052U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

Without objection Bill Nos. BL2005-682 and BL2005-683 were considered together.

BILL NO. BL2005-682

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 RM9 (303.56 acres) and MUL (216.24 acres) district properties located at Carothers Road (unnumbered), 7156, 7107, 7176, 7211, 7244 Carothers Road, and Battle Road (unnumbered), (519.80 acres), all of which is described herein (Proposal No. 2005Z-062G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2005-683

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 applying an Urban Design Overlay (UDO) district at Carothers Road (unnumbered), 7156, 7107, 7176, 7211, 7244 Carothers Road, and Battle Road (unnumbered), (519.80 acres), to permit a maximum of 2,100 units and 150,000 square feet of commercial uses, all of which is described here in (Proposal No. 2005UD-003G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.

Mr. Toler moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-684

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 CS district a portion of property located at 3570 Dickerson Pike, and 3564 Dickerson Pike, south of Bellshire Drive (6.12 acres), all of which is described herein (Proposal No. 2005Z-060G-02). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Tucker offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Tucker moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

Without objection Bill Nos. BL2005-685 and BL2005-686 were considered together.

BILL NO. BL2005-685

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 RS3.75 to RM20 district properties located at 1002 Warren Street, 1010 A and 1010 B Jackson Street, 1006 and 1008 Jackson Street (0.41 acres), all of which is described herein (Proposal No. 2005Z-069U-09). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2005-686

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 Urban Design Overlay district located at 1002 Warren Street and 1006, 1008, 1010-A and 1010-B Jackson Street (.41 acres), to permit 8 multi-family units, all of which is described here in (Proposal No. 2005UD-004U-09). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Wallace moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

Without objection Bill Nos. BL2005-687 and BL2005-688 were considered together.

BILL NO. BL2005-687

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 CS district property located at 401 McIver Street (0.45 acres) on the west margin of Nolensville Pike, all of which is described herein (Proposal No. 2005Z-039U-11). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

BILL NO. BL2005-688

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 3101 and 401 McIver Street, to permit an existing 1,547 square foot used vehicular sales facility and for additional vehicular sales area and parking, all of which is described herein, (Proposal No. 2005P-009U-11). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

Ms. McClendon moved to defer the bills, the bills being requested by Mark Janbakhsh and Dale and Associates, respectively, to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-689

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 IR to MUN district property located at 510 Madison Street (.36 acres), all of which is described herein (Proposal No. 2005Z-064U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-691

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, CS, OR20 and R6 to MUL district properties located at 1004, 1006, 1008, 1009, 1011, 1012, 1015, 1017, 1100 Fatherland Street, Fatherland Street (unnumbered), 1100, 1104, and 1106 Russell Street, 301 S. 10th Street, 306 A S. 11th Street, 214 S. 11th Street (3.42 acres), all of which is described herein (Proposal No. 2005Z-089U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee with an amendment. Mr. Jameson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-693

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 (General) Planned Unit Development located at 7471 Old Hickory Boulevard, Route 1 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), abutting the north margin of Old Hickory Boulevard and the west margin of Interstate 24, classified CS, (8.98 acres), to cancel the existing Commercial PUD, all of which is described herein, (Proposal No. 310-84-G-03). The bill was approved by the Planning Commission and 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

Without objection Bill Nos. BL2005-694 and BL2005-695 were considered together.

BILL NO. BL2005-694

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS, MUL, R10, R80, and OL to SCR (59.69 acres) RM6 (41.30 acres) RS40 (535.30 acres), and RM2 (414.70 acres) districts properties located at 8101 McCrory Lane, McCrory Lane (unnumbered), and Newsom Station Road (unnumbered) (1050.99 acres), all of which is described herein (Proposal No. 2005Z-079G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2005-695

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 a portion of the existing Commercial and Residential Planned Unit Development district located at McCrory Lane (unnumbered), Newsom Station Road (unnumbered), 8101, 8161, 8171 McCrory, (1151.53 acres), to add 180.58 acres to the PUD, and to permit 441 single-family lots, 576 townhomes, 380 apartments, 900,000 square feet of retail, restaurant, office, and hotel uses, replacing 380 single-family lots, 110 duplex lots, 800 multi-family units, and 1,851,100 square feet of retail, restaurant, office, and hotel uses, all of which is more particularly described herein, (Proposal No. 84-85-P-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Tygard moved to pass the bills on third reading, which motion was seconded and adopted by the following vote:
"Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-696

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IG to MUI district properties located at 714, 722, and 726 4th Avenue North, 315 Harrison Street, Criddle Street (unnumbered), 705 and 709 3rd Avenue North (1.72 acres), all of which is described herein (Proposal No. 2005Z-078U-09). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-697

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 IR to ORI district property located at 3000 Charlotte Avenue (4.48 acres), all of which is described herein (Proposal No. 2005Z-063U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-698

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 RS15 to CL district a portion of property at 4121 Clarksville Pike, approximately 325 feet north of Cedar Circle (0.5 acres), all of which is described herein (Proposal No. 2005Z-050U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-699

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending the 31st Avenue/Long Boulevard Urban Design Overlay (UDO) district, to vary the setbacks for particular building types and to provide opportunities for additional building types, all of which is more particularly described herein (Proposal No. 2005UD-006U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Whitmore moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

BILL NO. BL2005-701

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.16, 17.36 and 17.40 to add Historic Bed and Breakfast Homestay (HB) as a classification of the historic overlay districts, rather than as a Special Exception (SE) use, all of which is more specifically described herein (Proposal No. 2005Z-091T). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Loring moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-703

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Lenox Village Urban Design Overlay (UDO) district to clarify variations to the conventional standards of the underlying zoning, all of which is more particularly described herein (Proposal No. 2005UD-007U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved to defer the bill on third reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-704

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.08.030 to allow animal hospitals in certain zoning districts (2005Z-098T). The bill was approved by the Planning Commission and Planning, Zoning and Historical 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, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2005-865

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation that would enable the Metropolitan Board of Public Education to adopt a budget without approval of the Metropolitan Council and to levy such tax as may be necessary to fully fund the adopted budget. The resolution was disapproved by the Budget and Finance Committee; the Education Committee recommended deferment. Mr. Wallace moved to defer the resolution and requested that the Board of Education and Metropolitan Nashville Education Association be notified of the next Education Committee meeting, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-866

A resolution requesting the Metropolitan Civil Service Commission to cease approving bonuses for Metropolitan Government employees. Mr. Ryman offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2005-866

A resolution requesting the Metropolitan Civil Service Commission to cease approving bonuses for employees of Metropolitan Government departments that receive the majority of their funding from local tax dollars. The substitute resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2005-868

A resolution requesting the Metropolitan Police Department to implement the "How's My Driving?" program for teens. The Public Safety-Beer and Regulated Beverages 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. RS2005-870

A resolution requesting the Director of Finance and the Metropolitan Employee Benefit Board to study the feasibility of requiring all Metropolitan Government employees to utilize Nashville General Hospital at Meharry for non-emergency medical services. The resolution was approved by the Health, Hospitals and Social Services Committee; the Personnel-Public Information-Human Relations-Housing Committee recommended deferment. Mr. Isabel moved to suspend the rules for consideration of the resolution at this time. Mr. Walls objected, and the resolution was deferred.

RESOLUTION NO. RS2005-888

A resolution requesting the Mayor and the Metropolitan Board of Parks and Recreation to reserve two sites at the proposed park plaza in front of the Metropolitan Courthouse for a future fire and police memorial. The resolution was approved by the Parks, Library, Recreation and Entertainment Facility Committee. Mr. Dozier moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2005-912

A resolution requesting the Mayor and the Director of Finance to establish a study committee to determine the most appropriate method for eliminating the debt owed by the Hospital Authority to the Metropolitan Government. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2005-913

A resolution requesting the Department of Finance to place a copy of the Mayor's proposed budget book and the substitute budget adopted by the Council in all of the Metropolitan public libraries. The resolution was approved by the
Parks, Library, Recreation and Entertainment Facility Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2005-914

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to take the action necessary to allow county governments to base the amount of wheel tax to be paid on the value of the vehicle. The resolution was approved by the Budget and Finance Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (32); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned.