Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, September 20, 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 Bro. Paul Wampler of Dalewood Baptist Church.

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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (37); Absent: Hart, Brown (2).

The Minutes of the meeting of September 6, 2005, were approved.

Mr. Foster presented the following proposed amendment to the Rules of Procedure of the Metropolitan Council:

By amending Rule 37 by adding before the phrase "and on all legislation vetoed by the Mayor"
the following language:

"on all budget ordinances, on all ordinances establishing the tax levy in the General
Services District for a fiscal year and declaring the amount required for the annual
operating budget of the Urban Services District."

The proposed rule change was referred to the Rules-Confirmations-Public Elections Committee for a recommendation prior to a vote at the next regular meeting of the Council.

- ELECTIONS AND CONFIRMATIONS -

Industrial Development Board
The President called for nominations for fill three (3) vacancies on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. Mr. White nominated Col. Robert Whitworth. Mr. Wallace nominated Ms. Anedra Henley and Mr. Nathaniel Harris. Mr. Loring nominated Mrs. Nettie Scalf. There being no further nominations, the nominations ceased. The nominees were referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.

Auditorium Commission
Reappointment of Mr. David McMahan for a term expiring June 30, 2008. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Charter Revision Commission
Reappointment of Mr. Robert Cooper Jr. for a term expiring September 4, 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 Mr. Yuri Cunza for a term expiring September 4, 2009. The Rules-Confirmations-Public Elections Committee recommended deferment to the second meeting in October. Mr. Crafton moved to suspend the rules to take action at this time; Mr. Jameson objected and the rules were not suspended. The appointment was deferred to the second regular meeting in October.

Reappointment of Mr. Kemper (Harlan) Dodson III for a term expiring September 4, 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 Ms. Nancy Vincent for a term expiring September 4, 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.

Civil Service Commission
Appointment of Mr. Robert I. Chavez for a term expiring March 31, 2007. At the request of the appointee, the nomination was deferred.

Community Corrections Advisory Board
Reappointment of Ms. Mary Freeman for a term expiring August 31, 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.

Reappointment of Ms. Mary Vowels for a term expiring August 31, 2007. At the request of the appointee, the nomination was withdrawn.

Historical Commission
Reappointment of Ms. E. Menie' Bell for a term expiring August 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.

Reappointment of Mr. John Connelly for a term expiring August 10, 2009. At the request of the appointee, the nomination was deferred.

Reappointment of Ms. Ann Eaden for a term expiring August 10, 2009. At the request of the appointee, the nomination was deferred.

Reappointment of Mr. John Hardcastle for a term expiring August 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.

Reappointment of Ms. Margaret Slater for a term expiring August 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.

Social Services Commission
Appointment of Ms. Barbara Toms for a term expiring April 3, 2010. At the request of the appointee, the nomination was deferred.

- RESOLUTIONS -

RESOLUTION NO. RS2005-921

A resolution authorizing Zander Insurance Group, Inc to install, construct and maintain an aerial encroachment in right-of-way on Oceola Avenue to install aerial telephone feeder cable to join 212 Oceola Avenue with 223 Oceola Avenue (Proposal No.2005M-120U-07). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Summers moved to defer the resolution indefinitely inasmuch as he had not been contacted by the petitioner, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-927

A resolution establishing a Task Force on Telecommunications Innovation to explore and report on the feasibility of using Metropolitan Government resources in a network that is available to the public using broadband technologies, broadband over power lines, Wi-Fi, Wi-Max, and other wireless applications, end-user fiber build out, and other telecommunications technologies. Mr. Briley offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE RESOLUTION NO. RS2005-927

A resolution establishing a Task Force on Telecommunications Innovation to explore and report on the feasibility of using Metropolitan Government resources in a network that is available to the public using broadband technologies, broadband over power lines, Wi-Fi, Wi-Max, and other wireless applications, end-user fiber build out, and other telecommunications technologies. The Budget and Finance Committee recommended deferment. Mr. Briley moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-931

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for adult homemaker services. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-951

A resolution setting a public hearing for the creation of the Jefferson Street Redevelopment Plan. The resolution was approved by the Federal Grants Review Committee with an amendment. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-952

A resolution setting a public hearing for a proposed amendment to the Phillips-Jackson Street Redevelopment Plan. The resolution was approved by the Federal Grants Review Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-953

Resolution authorizing a loan under a Loan Agreement between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Tennessee State School Bond Authority in an aggregate principal amount of not to exceed Six Million Three Hundred Fifty Thousand Dollars ($6,350,000) and to execute and deliver the Loan Agreement and other documents relating to said borrowing; providing for the application of the proceeds of said borrowing and the payment of the Metropolitan Government's obligations under the Loan Agreement. The resolution was approved by the
Budget and Finance and Education 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-954

Resolution authorizing the execution, terms, issuance, sale and payment of general obligation bonds in the aggregate principal amount of not to exceed $225,000,000 of The Metropolitan Government of Nashville and Davidson County (Tennessee). 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-955

A resolution appropriating the amount of $1,200 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Clerk and Master of The Metropolitan Government of Nashville and Davidson County. Ms. Neighbors offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE RESOLUTION NO. RS2005-955

A resolution appropriating the amount of $1,200,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Clerk and Master of The Metropolitan Government of Nashville and Davidson County. The substitute 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-956

A resolution appropriating the amount of $783,300 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the General Sessions Court of 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-957

A resolution appropriating the amount of $159,500 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Juvenile Court of 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-958

A resolution appropriating the amount of $7,600 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Trustee of 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-959

A resolution appropriating the amount of $314,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metropolitan Clerk of 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-960

A resolution approving the Benefit Board's waiver of repayment of pension benefit overpayments for a pensioner 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 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-961

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Health, for food safety services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to defer the resolution and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-962

A resolution approving an amendment to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County for air pollution control. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to defer the resolution and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-963

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for Community Prevention Initiative services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to defer the resolution and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-964

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for child safety seat distribution. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to defer the resolution and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-965

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for drug and alcohol abuse services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to defer the resolution and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-966

A resolution approving an amendment to a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County by and through the Metropolitan Social Services Commission to provide personal care, homemaker, meal delivery, and caregiver support services. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-967

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 library materials and support participation in the interlibrary loan system. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-968

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 for general library services, library services for the deaf and hard of hearing, and materials for the disadvantaged. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-969

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for coordination of parenting plan, divorce education, and mediation services. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-970

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, by and through the Davidson County Juvenile Court, to establish and enforce child support program guidelines for children born out of wedlock. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-971

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County to improve Juvenile Court services. The resolution was approved by the Budget and Finance Committee. Ms. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-972

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for the establishment of residential substance abuse treatment programs. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-973

A resolution accepting a grant from the Cal Turner Family Foundation to The Metropolitan Government of Nashville and Davidson County to purchase materials for pre-release parenting programs. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-974

A resolution accepting a grant from the Tennessee Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County for a substance abuse treatment program for high custody female offenders. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-975

A resolution accepting a grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for litter collection and litter prevention education. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0); "Abstaining" Adkins (1).

RESOLUTION NO. RS2005-976

A resolution accepting an Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance; Education; Parks, Library, Recreation and Entertainment Facility; 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-977

A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults, youth, and dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (No. 06-09-PY5-109-ADMIN). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following roll call vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Forkum, Ryman, Gotto, Burch, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (30); "Noes" (0); "Abstaining" White, Loring, Greer, Alexander, Kerstetter (5).

RESOLUTION NO. RS2005-978

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County for programs to prepare adult, youth, and dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (No. 06-09-PY5-1NC-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0); "Abstaining" Kerstetter (1).

RESOLUTION NO. RS2005-979

A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare youth for re-entry into the labor force and training for those facing serious barriers to employment (No. 06-09-PY5-309-YOUTH). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0); "Abstaining" Kerstetter (1).

RESOLUTION NO. RS2005-980

A resolution approving an amendment to a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Parks and Recreation, for Project Number HPP-9312(28). 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-981

A resolution approving cooperative agreement No. 05E4TN25250024 with the United States Department of the Interior - United States Geological Survey for continuation of a program to operate and maintain a ADVM gauge on the Cumberland River and water quality monitors and streamflow gauges in several streams in Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-982

A resolution accepting a grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the replacement of bridge number 190C7400001, Brick Church Lane over branch of Ewing Creek. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Tucker 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-983

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for buy-out of a home at 5008 West Durrett Drive located in a repetitively flooded area. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Foster 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-984

A resolution authorizing Coyote Ugly Saloon & Grill to install, construct and maintain a 7 feet deep by 10 feet tall projection sign reading "Coyote Ugly Saloon & Grill" above the sidewalk at 154 2nd Avenue North (Proposal No. 2005M-128U-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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-985

A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Public Works Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote of the Council: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-986

A resolution authorizing the Department of Law to settle The Metropolitan Government of Nashville and Davidson County's claim in Kmart Corporation's Chapter 11 bankruptcy, for the payment of $101,196.15 to the Metropolitan Government. 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); "Noes" (0).

RESOLUTION NO. RS2005-989

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

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2005-747

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 CS district property at Hester Avenue (unnumbered), 220 feet south of Glenrose Avenue (0.18 acres), all of which is described herein (Proposal No. 2004Z-030U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-748

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 2204 Nolensville Pike, and Hester Avenue (unnumbered), 250 feet south of Glenrose Avenue, to permit an expansion of the existing car sale operation with a proposed 1,350 square foot building (0.45 acres), all of which is described herein (Proposal No. 2004P-029U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-789

An ordinance authorizing the Director of the Division of Public Property Administration and the Director of Parks and Recreation, or his designee, to accept and record easements from The Donelson Christian, Inc. in favor of the Metropolitan Government for use in connection with development of the Stones River greenway (Proposal No. 2005M-145U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-790

An ordinance authorizing the Director of the Division of Public Property Administration and the Director of Parks and Recreation, or his designee, to accept and record easements from The Donelson Civitan Foundation in favor of the Metropolitan Government for use in connection with development of the Stones River greenway (Proposal No. 2005M-147U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-791

An ordinance authorizing the Director of the Division of Public Property and the Director of Parks and Recreation, or his designee, to accept, execute and record an agreement accepting a grant of an easement with Unifirst Corporation on a parcel of property for use in the Mill Creek greenway system (Proposal No. 2005M-146U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-792

An ordinance authorizing the Metropolitan Government to participate with Tiara Development to provide public sewer service in Williamson County to Willoment Subdivision, Phase Five, Project No. 04-SL-125. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2005-793

An ordinance authorizing the Metropolitan Government to participate with Beazer Homes Corporation to provide public sewer service in Williamson County to Ballenger Farms, Phase Three, Project No. 05-SL-93. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2005-794

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. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2005-795

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 Shelby Avenue, between 3rd Avenue South & 4th Avenue South to "Symphony Place" (Proposal No. 2005M-179U-09). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2005-659

An ordinance amending Chapter 2.04 of the Metropolitan Code of Laws regarding standards of conduct for Members of Council, disclosure of interests, enforcement provisions, and creation of a Council Board of Conduct, all of which is specifically described herein. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Williams offered Amendment No. 3 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Foster offered Amendment No. 4 and moved for its adoption, which motion was seconded. Mr. Briley moved to table Amendment No. 4, which motion was seconded and failed by a roll call vote of the Council. Mr. Cole moved to defer the bill on second reading, which motion was seconded. Mr. Wallace moved to defer the bill indefinitely, which motion was seconded and adopted 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. The Public Safety-Beer and Regulated Beverages Committee recommended indefinite deferment. Mr. Kerstetter moved to defer the bill indefinitely, which motion was seconded and adopted 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. Mr. Burch offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE BILL NO. BL2005-728

An ordinance amending Article 13 of the Metropolitan Code of Laws to prohibit soliciting employment within the right-of-way. The substitute bill was approved by the Public Safety-Beer and Regulated Beverages Committee; the Public Works Committee approved and recommended deferment. Mr. Briley offered documents for the record. Mr. Burch moved to pass the substitute bill on second reading and defer the bill to the second meeting in November, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-729

An ordinance repealing Chapter 10.68 of the Metropolitan Code of Laws to allow the sale and use of fireworks within Davidson County. Mr. Kerstetter moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-731

An ordinance approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Loss Prevention Specialists, Inc. for recovery of funds belonging to the Metropolitan Government. The bill was approved by the Budget and Finance Committee with an amendment. 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. BL2005-743

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 RS20 district property located at 1809 Graybar Lane (1.02 acres), located at the southeast corner of Graybar Lane and Benham Avenue, all of which is described herein (Proposal No. 2005Z-104U-10). The bill was approved by the Planning Commission and the 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. BL2005-767

An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain properties located in Council District 32, more particularly described herein. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on second reading and defer it to the second meeting in October for a public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-768

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of The Metropolitan Government of Nashville and Davidson County to include certain property located in Council District 32, all of which is more particularly described herein. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on second reading and defer it to the second meeting in October for a public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-769

An ordinance amending the Metropolitan Code of Laws Section 15.40.020, to authorize the Director of the Metropolitan Public Health Department to jointly enforce Chapter 15.40 of the Metropolitan Code of Laws with the Director of Water and Sewerage Services. The bill was approved by the Public Works Committee; the Health, Hospitals and Social Services Committee recommended deferment. Ms. Neighbors moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-770

An ordinance authorizing the Metropolitan Nashville Fire Department to accept donations by resolution adopted by the Metropolitan Council. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Ms. Wilhoite requested a suspension of the rules to override the committee recommendations for deferral, and no objection was made. Ms. Wilhoite moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-771

An ordinance accepting a donation of a horse by the name of Sunfire's Storm Chaser from Mr. Ben Downing for the use and benefit of the Metropolitan Police Department. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-772

An ordinance approving the donation of a certain surplus Massey Ferguson tractor from The Metropolitan Government of Nashville and Davidson County to the Andrew Jackson Police Youth Camp, Inc., a nonprofit charitable organization.
The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-773

An ordinance authorizing the Metropolitan Government to participate with Centex Homes to provide public sewer service in Davidson County to Hills of Concord Place, Phase One and Two, and Villas of Concord Place, Phase Three, Subdivision Project No. 05-SL-47. 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. BL2005-774

An ordinance abandoning a public right-of-way easement encumbering property located at 2218 Ashwood Avenue, all of which is more particularly described herein (Proposal No. 2005M-144U-10). Ms. Hausser offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE BILL NO. BL2005-774

An ordinance abandoning a public right-of-way easement encumbering property located at 2218 Ashwood Avenue, all of which is more particularly described herein (Proposal No. 2005M-144U-10). The substitute 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. BL2005-775

An ordinance abandoning a 8 inch, 10 inch and a 12 inch sanitary sewer line and easement that will be replaced by a 8 inch and 10 inch sanitary sewer line and easement, that is shown on Map 104-2, Parcels 384, 388, 389, and 390 and Map 104-3, Parcels 17 and 18, Project 05-SL-57, Bristol-West End, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-096U-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. BL2005-776

An ordinance amending Section 2.04.080 of the Metropolitan Code of Laws to prohibit Members of the Metropolitan Council from accepting gratuitous meals from organizations and agencies. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-777

An ordinance amending Section 5.04.070 of the Metropolitan Code of Laws to require nonprofit organizations seeking grant funding from the Metropolitan Government to make their request not later than April 15th, and to restrict the amount of any grant made by the Metropolitan Government to a nonprofit organization based on the organization's total operating budget. The Budget and Finance Committee recommended deferment. Pursuant to Rule No. 23 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.

BILL NO. BL2005-778

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 Temple Road, between Marler Road and Templegate Drive, as "Claxton Court" (Proposal No. 2005M-105G-06). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-779

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning an approximately 19-foot wide section of Garfield Street right-of-way extending from 8th Avenue North to Nassau Street (Proposal No. 2005M-111U-08). The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-780

An ordinance to amend the Geographical Information Systems Map for The Metropolitan Government of Nashville and Davidson County, by naming the private drive in the Noel Cove Development, Noel Cove Circle (Proposal No. 2005M-110G-14). The bill was approved by Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking 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. BL2005-781

An ordinance authorizing Christ Church Cathedral located at 900 Broadway to construct, install, and maintain two light poles in the sidewalk at the curb to improve visibility (Proposal No. 2005M-143U-09). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-782

An ordinance authorizing the Metropolitan Government to participate with Cates-Kottas Development to provide public sewer service in Williamson County to Bennington Subdivision, Phase One, Project No. 04-SL-85B. 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. BL2005-783

An ordinance authorizing the Metropolitan Government to participate with Waggoner Development, LLC to provide public sewer service in Williamson County to Galestone Subdivision, Phase One-E, Project No. 04-SL-85A. 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. BL2005-784

An ordinance approving and authorizing the Mayor to execute a contract with the State of Tennessee Department of Transportation regarding the installation and maintenance of one or more traffic signals at SR-6 (US 31E, Ellington Parkway) southbound off-ramp at Cleveland Street. The bill was approved by the Budget and Finance and Public Works and Traffic and Parking 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. BL2005-785

An ordinance approving and authorizing the Mayor to execute a contract with the State Department of Transportation for replacement of the bridge on Westlawn Drive over Branch (LM 0.41) in accordance with Federal Project No. BRZE-9312(68), and providing for approval of future related agreements by Resolution of Council. 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. BL2005-786

An ordinance approving and authorizing the Mayor to execute a contract with the State Department of Transportation for replacement of the bridge on Battery Lane over Brown's Creek (LM 4.31) in accordance with Federal Project No. BRZE-9312(69), and providing for approval of future related agreements by Resolution of Council. 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. BL2005-787

An ordinance approving and authorizing the Mayor to execute a contract with CSX Transportation Inc. and the State of Tennessee regarding the Demonbreun Street Bridge project, and providing for approval of future contracts by Resolution of Council. The bill was approved by the Public Works Committee; the Budget and Finance Committee recommended deferment. Mr. Wallace requested a suspension of the rules to override the committee recommendations for deferral, and no objection was made. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-788

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before May 17, 2005. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2003-68
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 RS40 district to RM4 district property located at Highway 100 (unnumbered) on the northeast corner of Highway 100 and Chaffin Drive (1.94 acres), all of which is described herein (Proposal No. 2003Z-132G-06). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Tygard moved to defer the bill on third reading while issues with neighborhood property owners are being addressed, the bill being requested by Joseph G. Petrosky, P.E., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-620

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, CN to MUN district properties located at 2203 15th Avenue North and 1500 Cecilia Avenue, (0.42 acres), all of which is described herein (Proposal No. 2004Z-156U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

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 Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees; the bill was not approved by the Rules-Confirmations-Public Elections Committee. Ms. Wilhoite moved to pass the bill on third reading, which motion was seconded and adopted by the following roll call vote: "Ayes" Dozier, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (29); "Noes" (0); "Abstaining: Briley, Jameson, Greer, Bradley (4).

BILL NO. BL2005-690

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 RS40 district various properties located on Haywood Lane (92.59 acres), all of which is described herein (Proposal No. 2005Z-055U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Kerstetter offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Kerstetter 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-712

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.12.020C Mixed Use and Nonresidential Districts to modify impervious surface ratio and building height standards within selected mixed-use and adopted Redevelopment Districts and by amending Section 17.24.190 to modify buffer yard standards along public alleys (2005Z-105T). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with amendments. Mr. Jameson offered Amendment Nos. 1 and 2 moved for their 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

SUBSTITUTE BILL NO. BL2005-713

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending section 17.40.060 to prohibit the acceptance of a zoning application if the Metropolitan Government has a lien on the property or if the property owner is delinquent in the payment of property taxes (Proposal No. 2005Z-107T). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. Wilhoite moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

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 bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Kerstetter moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-730

An ordinance amending Chapter 5.04 of the Metropolitan Code of Laws to require the Department of Finance to provide monthly revenue collection reports to the Metropolitan Council. The bill was approved by the Budget and Finance Committee. Mr. Shulman moved to suspend the rules to allow an amendment to be offered and no objection was made. Mr. Shulman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Shulman 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-732

An ordinance authorizing the Mayor's Office of Emergency Management to accept donations. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Bradley moved to defer the bill on third reading while additional donor information is obtained, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-733

An ordinance accepting the donation of Three Thousand Dollars ($3,000) from the Nashville Downtown Partnership to the Metropolitan Government, Department of Public Works, for the installation of railings along planters located within the downtown area. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-734

An ordinance approving and authorizing the Mayor to execute a contract with the State of Tennessee Department of Transportation regarding the installation and maintenance of one or more traffic signals at SR-155 Briley Parkway at Centennial Boulevard, Exit 26 SB off ramp. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Walls 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-735

An ordinance authorizing the acceptance of certain easements described in the plans for Bonnalynn Drive, Stormwater Project No. 03-D-0462 (Proposal No. 2005M-063G-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. White moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-736

An ordinance authorizing the acceptance of certain easements for stormwater projects of the Metropolitan Department of Water and Sewerage Services. Project Nos. 05-DL-0806, 05-DL-0807, 05-DL-0808, 05-DL-0810 and 05-DL-0811. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-737

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Otay Street right-of-way from Northview Avenue westward to the railroad right-of-way (Proposal No. 2005M-108U-05). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Cole 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-738

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning Alley #318 right-of-way from S. 11th Street to Alley #292 (Proposal No. 2005M-123U-05). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-739

An ordinance authorizing the acceptance of certain easements described in the plans for 2604 Pennington Avenue and 1125 and 1817 Cahal Avenue, Stormwater Project No. 04-D-0734, and 1124 Richard Lee Circle, Stormwater Project No. 04-D-0683. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

Without objection Bill Nos. BL2005-740 and BL2005-741 were considered together.

BILL NO. BL2005-740

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 SCN to CL district property located at 5843 Nolensville Pike, approximately 1200 feet south of Swiss Avenue (1.08 acres), all of which is described herein (Proposal No. 2005Z-015U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2005-741

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Residential and Commercial Planned Unit Development district located at 5843 Nolensville Pike, approximately 1200 feet south of Swiss Avenue, to permit a 10,200 square foot, 2-story, retail and office building, replacing a 2,800 square foot food service use, all of which is more particularly described herein (Proposal No. 78-86-P-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee with an amendment. Mr. Toler offered Amendment No. 1 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-742

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 along both sides of Graybar Lane between Benham Avenue and Granny White Pike (60.88 acres), all of which is described herein (Proposal No. 2005Z-118U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Shulman 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-744

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 property located at 712 4th Avenue North (0.18 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

Without objection Bill Nos. BL2005-745 and BL2005-746 were considered together.

BILL NO. BL2005-745

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 RS40 to CL district properties located at 7751, 8042, 8050, and 8100 Highway 100, and 7821, 7749, and 7751 Old Harding Pike (10.57 acres), all of which is described herein (Proposal No. 2004Z-116G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2005-746

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 7751, 8042, 8050, and 8100 Highway 100, and 7821, 7749, and 7751 Old Harding Pike, to permit a 3000 square foot bank, two restaurants totaling 9,300 square feet, 34,500 square feet of retail and 12,000 square feet of office space, all of which is described herein (Proposal No. 2005P-017G-06). The bill was approved by the Planning Commission and by the Planning, Zoning and Historical Committee with an amendment. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.

Mr. Tygard moved to defer the bills so that an additional amendment could be drafted, the bills being requested by R. Chris Magill Architects, Inc. which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-749

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 and R20 to RS15 and RS20 district various properties along both sides of Kirtland Avenue, Farrar Avenue, Hood Avenue, and Castleman Drive between Hillsboro Pike and Lone Oak Road (55.58 acres), all of which is described herein (Proposal No. 2005Z-119U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill on third reading while discussions on the proposal continue, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-750

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to RS7.5 district property located at 4211-A Farrar Avenue (.45 acres), all of which is described herein (Proposal No. 2005Z-112U-10). The bill was disapproved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill on third reading while discussions on the proposal continue, the bill being requested by Adam Epstein - Castleman Partners, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2005-751and BL2005-752 were considered together.

BILL NO. BL2005-751

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 district property located at 3681 Hamilton Church Road, east of Hobson Pike (17.37 acres), all of which is described herein (Proposal No. 2005Z-070G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2005-752

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 3681 Hamilton Church Road, east of Hobson Pike (17.37 acres), to permit 46 single-family lots, all of which is described herein (Proposal No. 2005P-016G-13). The bill was approved by the Planning Commission and by the Planning, Zoning and Historical Committee with an amendment. Mr. Coleman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.

Mr. Coleman 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-753

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 RS40 district property located at 13877 Old Hickory Boulevard, located along the southern margin of Old Hickory Boulevard at the intersection of Legacy Drive (4.88 acres), all of which is described herein (Proposal No. 2005Z-018G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-754

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 district a portion of properties located at McCrory Lane (unnumbered), on the east margin of McCrory Lane, approximately 800 feet north of Newsom Station Road (43.70 acres), all of which is described herein (Proposal No. 2005Z-101G-06). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Tygard moved to defer the bill on third reading while discussions continue with neighbors adjoining the property, the bill being requested by Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-755

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 district property located at 1396 Rural Hill Road, approximately 1,000 feet north of Mt. View Road (4.71 acres), all of which is described herein (Proposal No. 2005Z-085U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Bradley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Bradley 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-756

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 RS20 district property located at 8779 McCrory Lane and McCrory Lane (unnumbered) (58.38 acres), all of which is described herein (Proposal No. 2005Z-103G-06). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Tygard moved to defer the bill on third reading, the bill being requested by John P and Jane Chaffin and A.W. and Edna Chaffin, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-757

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 to amend a portion of the Commercial Planned Unit Development district located at 4319 Sidco Drive along the west side of Sidco Drive, north of Harding Place, and along the west side of Interstate 65, to permit a 8,656 square foot addition to the existing 8,837 square foot retail use (1.33 acres), all of which is described herein (Proposal No. 155-79-U-11). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. McClendon moved to defer the bill to the second meeting in October while legal action is pending, the bill being requested by MF3 Designs, PC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-758

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 IWD district property located at Old Hickory Boulevard (unnumbered), approximately 2,300 feet north of I-24 West (64.23 acres), all of which is described herein (Proposal No. 2005Z-082G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman moved to defer the bill indefinitely, the bill being requested by Harry Burkitt, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-759

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 RS20 district zoning at 900, 902, 906, 908, 916 and 1002 Tower Place (3.03 acres), all of which is described herein (Proposal No. 2005Z-109U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-760

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 RS20 district property located at 4031, 4036, 4043, 4101, 4102, 4105, 4106, and 4108 Lealand Lane (6.19) acres, all of which is described herein (Proposal No. 2005Z-108U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-762

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by adding a new zoning district called "Specific Plan" (SP), all of which is more particularly described herein (Proposal No. 2005Z-073T). The bill was approved by the Planning Commission and by the Planning, Zoning and Historical Committee with an amendment. Mr. Loring offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring 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, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-763

An ordinance amending Title 2 and Title 17 of the Metropolitan Code of Laws by amending Sections 2.104.040, 17.24.020, 17.24.030, 17.24.050, 17.24.080, 17.24.100, 17.24.150, 17.24.160, 17.24.210, 17.24.220, 17.24.230, 17.24.240 and 17.24.250 relating to tree topping and landscaping, buffering, and tree replacement, all of which is more particularly described herein (Proposal No. 2005Z-122T). The Planning, Zoning and Historical Committee recommended deferment. Mr. Loring moved to defer the bill to the second meeting in October, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-764

An ordinance transferring a telecommunications franchise granted to ICG Access Services, Inc. by Ordinance No. 094-1185 to Xspedius Management Company of Chattanooga, LLC d/b/a Xspedius Communications. The bill was approved by the Budget and Finance Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following roll call vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Crafton, Summers, Shulman, Adkins, Foster, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (30); "Noes" (0); Abstaining" Gilmore, Isabel, Whitmore, Wilhoite (4).

BILL NO. BL2005-765

An ordinance approving an Agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County for the Cowan Street Streambank Protection Project in Davidson County, Tennessee and authorizing the execution of the same. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-766

An ordinance authorizing the negotiation and acceptance of Deeds of Perpetual Channel Improvement Easements for Project 04-DL-0715, Cowan Street Riverbank Protection, from the owners of Map 71-14, Parcel 387, the owners of Map 82-02, Parcel 78, and the State of Tennessee, on property abutting the east bank of the Cumberland River for protection from the Cumberland River (Proposal No. 2004M-100U-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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

President Pro Tempore Dozier assumed the chair at this time.

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2005-923

A resolution requesting the Mayor and the Director of Finance to implement a bonus-based incentive plan for Metropolitan department directors to find areas of savings within their budgets. The resolution was approved by the Budget and Finance Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-939

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to remove the sales tax on food and medicine. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-987

A resolution expressing the Metropolitan Council's desire that state Pre-K funds be distributed across the city through various agencies and programs. The resolution was approved by the Budget and Finance and Education Committees. Ms. Williams moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-988

A resolution expressing the Metropolitan Council's intent regarding the appropriation to NEON/NRC/Art Works included in the fiscal year 2006 Operating Budget for the Metropolitan Government. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-990

A resolution requesting the Mayor, the Metropolitan Board of Public Education, and the Metropolitan Development and Housing Agency to examine the feasibility of using vacant government buildings, school buildings, and public housing facilities to house victims of Hurricane Katrina. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-991

A resolution requesting the Davidson County Sheriff to provide the Metropolitan Council with a list of all vehicles and equipment marked with the Sheriff's Office insignia, and an estimate of the cost to have the Sheriff's name visibly marked on all such vehicles and equipment. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Wallace moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-992

A resolution requesting Governor Phil Bredesen and the Davidson County Delegation to the Tennessee General Assembly to take the action necessary to eradicate the sale and use of crack cocaine within the Nashville inner-city. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-993

A resolution requesting Governor Phil Bredesen, Mayor Bill Purcell, Senator Lamar Alexander, and a representative from the Metropolitan Council Office to meet together to discuss alternative funding methods for public education. The resolution was approved by the Education Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-994

A resolution requesting Nashville Electric Service to relocate the substation currently located behind the new Ben West Building. The resolution was approved by the Public Works Committee. Pursuant to Rule No. 8 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.

RESOLUTION NO. RS2005-995

A resolution requesting the Mayor to implement a policy of requiring all Metropolitan Government department heads and members of the Mayor's cabinet to reside in Davidson County. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Dread moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

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

RESOLUTION NO. RS2005-996

A resolution proclaiming September 2005 as Alcohol and Drug Addiction Recovery Month. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).


Upon motion duly seconded, the meeting was adjourned.