Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, December 6, 2005


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

The invocation was offered by Councilman Jason Hart.

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

The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (36); Absent: White, Greer, Wallace (3).

The Minutes of the meeting of November 15, 2005, were approved as amended to reflect that Mr. Tygard made a motion prior to adjournment requesting a quorum call.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The Rules-Confirmations-Public Elections Committee recommended approval of the following proposed amendments to Rule Nos. 1 and 25 of the Rules of Procedure of the Metropolitan Council:

1. By amending Rule 1 by deleting "Announcements and extraordinary matters" and "Memorializing resolutions" from the regular order of business.

2. By amending the Table of Contents for Rule 25 by renaming it as "Honorarium resolution requirements and presentations; announcements and extraordinary matters".

3. By amending Rule 25 by deleting the second paragraph in its entirety and substituting in lieu thereof the following new paragraph:

"All presentations of memorializing and congratulatory resolutions and announcements and extraordinary matters shall be held prior to all regularly scheduled council meetings from 6:00 p.m. to 7:00 p.m. The president pro tem of the Council or his/her designee shall preside over such matters."

Mr. Crafton moved to adopt the proposed amendments, which motion was seconded and failed by the following vote: "Ayes" Dozier, Neighbors, Dread, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Loring, Hausser, Walls, Crafton, Adkins, Foster, Alexander, Kerstetter, Toler, Coleman, Tygard (22); "Noes" Tucker, Isabel, Murray, Burch, McClendon, Whitmore, Shulman, Williams (8); "Abstaining" Bradley (1).

- RESOLUTIONS -

RESOLUTION NO. RS2005-1020

A resolution appropriating the amount of $27,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the County Clerk of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended indefinite deferment. Ms. McClendon moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1050

A resolution approving amendments to two agreements between the Metropolitan Government and Constellation Energy Projects & Services Group, Inc. (formerly Constellation Energy Source, Inc.) relating to management of and fuel purchases for the district energy system. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).

RESOLUTION NO. RS2005-1078

A resolution setting a public hearing for a proposed amendment to the Rutledge Hill Redevelopment Plan. The resolution was approved by the Federal Grants Review Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).

RESOLUTION NO. RS2005-1079

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. Mr. Jameson 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-1080

A resolution accepting a grant from the Tennessee Department of Labor to The Metropolitan Government of Nashville and Davidson County to establish programs to prepare adults, youth, and dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (No. 06-09-FY6-109-ADMIN). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. McClendon 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-1081

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 adults for re-entry into the labor force and training for those facing serious barriers to employment, through the incumbent worker training program (No. 05-09-FY5-11W-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. McClendon 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-1082

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 adults for re-entry into the labor force and training for those facing serious barriers to employment, through the incumbent worker training program (No. 06-09-PY5-21W-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. McClendon 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0); "Abstaining" Kerstetter (1).

RESOLUTION NO. RS2005-1083

A resolution accepting a grant from the Bill and Melinda Gates Foundation to The Metropolitan Government of Nashville and Davidson County for the benefit of the Nashville Public Library to update public access computers. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Forkum 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-1084

A resolution appropriating $50,000 from the Contingency Account of the General Fund of the General Services District to a reserve account for the Metropolitan Historical Preservation Trust Fund. The resolution was approved by the Planning, Zoning and Historical Committee; the Budget and Finance Committee recommended deferment. Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1085

A resolution authorizing the Department of Law to accept $14,719 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's claims against Robert G. Purple and Katherine L. Diel. The resolution was approved by the Budget and Finance Committee. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote of the Council: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2005-1086

A resolution authorizing The Shop Trust, LLC to install, construct and maintain an awning hanging above the sidewalk at 2600 12th Avenue South, facing Montrose Avenue (Proposal No. 2005M-232U-10). The resolution was approved by the Planning Commission; the Public Works and Planning, Zoning and Historical Committees recommended deferment. Without objection the resolution was deferred by a by a voice vote of the Council.

RESOLUTION NO. RS2005-1087

A resolution authorizing Vanderbilt University to install, construct and maintain aerial encroachment in the right-of-way on existing utility poles from 111 21st Avenue South to 2015 Terrace Place running 432.85 feet (Proposal No. 2005M-231U-10). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Walls 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

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

RESOLUTION NO. RS2005-1103

A resolution electing Dr. Huey L. Newberry, Jr., to the Board of Directors of The Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County, Tennessee. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2005-875

An ordinance approving Amendment No. 5 to the Rutledge Hill Redevelopment Plan. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review Committee by a voice vote of the Council.

BILL NO. BL2005-876

An ordinance amending Section 2.96.020 of the Metropolitan Code of Laws to place a member of the Council Public Safety Committee on the Safety Advisory Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2005-877

An ordinance amending Section 12.72.080 of the Metropolitan Code of Laws to allow owners of stolen motor vehicles to remove their vehicles from the tow-in lot without paying a storage fee. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2005-878

An ordinance authorizing the acquisition of certain property at Parcel ID 90000000370 in fee simple by negotiation or condemnation, and declaring surplus and authorizing the transfer of certain property located at Map 93-06, Parcel 41, Map 93-07, Parcels 35, 36, 37, 41, and 41.01, and Parcel ID 90000000370 by The Metropolitan Government of Nashville and Davidson County to the Industrial Development Board (Proposal No. 2005M-220U-09). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-879

An ordinance approving a Memorandum of Understanding by and among the Metropolitan Government, the Metropolitan Development and Housing Agency, the Industrial Development Board, Struever Bros. Eccles & Rouse Development Holdings LLC, and the Nashville Sounds Baseball Club Limited Partnership, providing for future approvals by Resolution, and designating the Industrial Development Board as responsible for the stadium and as a comparable municipal agency to receive certain sales tax revenues pursuant to Tennessee Code Annotated Section 67-6-103(d)(1)(A) (Proposal No. 2005M-219U-09). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-880

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2005M-221). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-881

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 5007 Gallatin Pike, 1001, 1003, 1005, 1007, 1009, 1011, 1013, 1015 Joyce Lane, and Joyce Lane (unnumbered), to permit the development of a 133,007 square foot commercial retail building, and two 3,600 square foot buildings on 2.18 acre out parcel (16.27 acre total), all of which is described herein (Proposal No. 2005P-027U-05). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council with Mr. Bradley "Abstaining."

BILL NO. BL2005-882

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 SP district property located at 3694 Hamilton Church Road, approximately 2,000 feet east of Hobson Pike (23.6 acres), to permit the development of 129 single-family units (14 single-family detached and 115 attached units), all of which is described herein (Proposal No. 2005Z-165G-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-883

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CS district properties located at 2984 Elm Hill Pike, McCrory Creek Road (unnumbered), 851 McCrory Creek Road, and Neilworth Lane (unnumbered) (69.09 acres) along the east and south sides of McCrory Creek Road, north of Elm Hill Pike, all of which is described herein (Proposal No. 2005Z-132G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-884

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 located at 2984 Elm Hill Pike, Elm Hill Pike (unnumbered), 851 McCrory Creek Road, McCrory Creek Road (unnumbered), and Neilworth Lane (unnumbered), to permit the construction of 735,000 square feet of office uses, all of which is described herein (Proposal No. 2005P-034G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-885

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 SP district property located at 1600 6th Avenue North, at the northeast corner of 6th Avenue North and Hume Street, to permit the development of six 1,200 square foot townhouse units, (0.25 acres), all of which is described herein (Proposal No. 2005Z-163U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-886

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 RM15 (0.62 acres), and from R6 to MUN (0.40 acres) district properties located at 1631,1633, 1635, and 1623 and 1627 6th Avenue North (1.02 acres total), all of which is described herein (Proposal No. 2005Z-135U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-887

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 an Urban Design Overlay named Salem Gardens district to properties located at 1623, 1627, 1631, 1633 and 1635 6th Avenue North, at the corner of Garfield Avenue and 6th Avenue North (1.02 acres), all of which is described herein (Proposal No. 2005UD-011U-08).
Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-888

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 master development plan for a Planned Unit Development located at various properties along the north side of Old Hickory Boulevard, 1,700 feet east of Hickory Hills Boulevard, to add a condition regarding the amount of brick to be used with the construction of the homes and foundation materials within the PUD, all of which is more particularly described herein (Proposal No. 2003P-002G-02).
Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-889

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 to CS district properties located at 1119 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 200 feet west of Rio Vista Drive (2.12 acres), all of which is described herein (Proposal No. 2005Z-143G-04). 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. BL2005-890

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 R8 district property located at 4830 Payne Road, south of Reeves Road (5.5 acres), all of which is described herein (Proposal No. 2005Z-160G-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-891

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 (61.12 acres) and RM6 (30.56 acres) district a portion of properties located at Stones River Road (unnumbered), approximately 590 feet northwest of Lebanon Pike (91.68 acres), all of which is described herein (Proposal No. 2005Z-167G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-892

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 located on the north side of Stones River Road at Stones River Road (unnumbered), approximately 590 feet northwest of Lebanon Pike to permit the development of 185 single-family lots, and 152 townhouse units, all of which is described herein (Proposal No. 2005P-030G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-893

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 OL to MUN district property located at 1825 Old Murfreesboro Pike, 1,775 feet northwest of Una-Antioch Pike (.33 acres), all of which is described herein (Proposal No. 2005Z-159U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-894

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 MUL (16.50 acres) and RM9 (23.50 acres) property located at Bell Road (unnumbered), approximately 1,100 feet south of Woodland Pointe Drive (40.0 acres), all of which is described herein (Proposal No. 2005Z-172G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council with Mr. Bradley "Abstaining."

BILL NO. BL2005-895

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 located on the east side of Bell Road at Bell Road (unnumbered) to permit the development of 165,200 square feet of retail and office space, 86 condominium units, and 84 townhomes (40.0 acres), all of which is described here in (Proposal No. 2005P-028G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council with Mr. Bradley "Abstaining."

BILL NO. BL2005-896

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 RM9 district properties located at 2201 Hobbs Road, 4207 and 4211 Stammer Place and 2200 Castleman Drive (2.34 acres), all of which is described herein (Proposal No. 2005Z-099U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-897

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 properties located at 2201 Hobbs Road, 4207 and 4211 Stammer Place, and 2200 Castleman Drive (2.34 acres), on the south side of Hobbs Road, the west side of Stammer Place, and north side of Castleman Drive, to permit the development of 20 multi-family units, all of which is described herein (Proposal No. 2005P-019U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-898

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 located at 2329 Castleman Drive on the southeast corner of Castleman Drive and Lindawood Drive (0.92 acres) to permit two single-family lots, all of which is described herein (Proposal No. 2005P-024U-10). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-899

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 MUL district a portion of property located at 5134 Ashland City Highway, approximately 590 feet west of Old Hickory Boulevard (3.0 acres), all of which is described herein (Proposal No. 2005Z-166G-03). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-900

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, for a portion of property located at 5134 Ashland City Highway, to permit a 4,116 square foot sales/leasing office building, and a 1,080 square foot office building (3.0 acres), all of which is described herein (Proposal No. 2005P-031G-03). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-901

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 district various properties located to the north of Felicia Street and south of I-40 and between the railroad on the east and I-40 on the west (190.21 acres), all of which is described herein (Proposal No. 2005Z-183U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-902

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 Neighborhood Conservation Overlay district to various properties in the Hillsboro-West End area, between Blakemore Avenue and Interstate 440 (111.85 acres), all of which is described herein (Proposal No. 2005Z-181U-10). Ms. Hausser offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-903

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 RS15 district properties located at Pettus Road (unnumbered), Preston Road (unnumbered), and 5814 Pettus Road (26.34 acres), all of which is described herein (Proposal No. 2005Z-059G-12). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-904

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 5814 Pettus Road, Pettus Road (unnumbered), and Preston Road (unnumbered), (26.34 acres), to permit 39 residential lots, all of which is described herein (Proposal No. 2005P-018G-12). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-905

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying a Neighborhood Landmark Overlay to an RS20 district property located at 5022 Old Hydes Ferry Pike, approximately 50 feet west of Old Hickory Boulevard (10.06 acres), all of which is described herein (Proposal No. 2005NL-186G-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-906

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 IWD and AR2a to MUL a portion of property located at 12814 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 3,200 feet south of Old Franklin Road (53.13 acres total), all of which is described herein (Proposal No. 2005Z-174G-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-907

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 an Institutional Overlay District to various properties located between Gallatin Pike and Emmett Avenue, and between McClurkan Avenue and Douglas Avenue, (35.73 acres), all of which is described herein (Proposal No. 2005P-029U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-908

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 RM60 district properties located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, approximately 550 feet east of Harding Pike (1.66 acres), all of which is described herein (Proposal No. 2005Z-168U-10). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-909

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development District property located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, and 111, 113 and 115 Kenner Avenue, approximately 550 feet east of Harding Pike, (to permit for 34 multifamily units and 3 single-family lots) all of which is described herein (Proposal No. 2005P-032U-10). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-910

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Sections 17.40.290 and 17.40.350 to require the zoning administrator to notify district councilmembers upon the filing of applications for special exceptions and variances, all of which is more particularly described herein (Proposal No. 2006Z-005T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-911

An ordinance amending Chapters 6.12 of Title 6 of the Metropolitan Code of Laws to add permitting provisions for after hours establishments. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2005-912

An ordinance amending Section 15.68.030 of the Metropolitan Code of Laws concerning testing, maintenance, and operation of private water hydrants for fire protection. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Works Committees by a voice vote of the Council.

BILL NO. BL2005-913

An ordinance naming the newly constructed Gateway Bridge the "Korean War Veterans Memorial Bridge". Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

Without objection, the rules were suspended to accept seven (7) late ordinances.

BILL NO. BL2005-914

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 SCR to CS district property located at 15115 Old Hickory Boulevard, at Brentwood East Drive, approximately 620 feet west of Nolensville Pike (3.33 acres), all of which is described herein (Proposal No. 2005Z-148U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-915

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 Planned Unit Development located at 15115 Old Hickory Boulevard, to permit the change in use from retail to self service storage for a 28,750 square foot portion of a 47,500 square foot building approved for 47,500 square feet of retail use, all of which is more particularly described herein (Proposal No. 133-76-U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-916

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RM20 district a portion of property located at 6433 Nolensville Pike along the west side of Bluff Road (4.09 acres), all of which is described herein (Proposal No. 2005Z-171G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-917

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 MUL district property located at 6664 Nolensville Pike, 1,265 feet south of Autumn Oaks Drive (3.4 acres), all of which is described herein (Proposal No. 2005Z-149G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-918

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 RM6 District properties located at 715 and 717 Old Hickory Boulevard and 5609 Valley View Road, at the southwest corner of Old Hickory Boulevard and Valley View Road (3.3 acres), all of which is described herein (Proposal No. 2005Z-164U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-919

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 (3.57 acres) and OR20 (0.05 acres) to CS district a portion of properties located at 6260 Nolensville Pike and 6304 Hills Chapel Road (3.62 acres), all of which is described herein (Proposal No. 2005Z-177G-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-920

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 2609 # 101 West End Avenue, to permit an existing restaurant an exemption from the minimum distance requirement included in the beer provisions of the Metro Code (1.56 acres), all of which is described herein (Proposal No. 2005P-035U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2003-1

An ordinance amending the Metropolitan Code of Laws to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Dread moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2005-580

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

BILL NO. BL2005-841

An ordinance amending Chapter 2.04 of the Metropolitan Code of Laws pertaining to ethical standards for Members of Council and disclosure of interests, all of which is more specifically described herein. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Tygard moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-845

An ordinance naming the proposed plaza in front of the Metropolitan Courthouse in honor of Richard H. Fulton. The bill was approved by the Parks, Library, Recreation and Entertainment Facility; Rules-Confirmations-Public Elections; and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-846

An ordinance approving the disposition of a parcel of surplus property located at 1822 Pearl Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2005M-182U-08). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Walls moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-857

An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-858

An ordinance amending Section 4.12.095 of the Metropolitan Code of Laws relating to privatization contracts by changing the definition of "privatizing governmental services", requiring approval of such contracts by ordinance, and prohibiting certain individuals or firms from being eligible for such contracts, providing employment opportunity for displaced Metro employees, and required information being provided to the Council. The Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-859

An ordinance to amend the Metropolitan Code of Laws to address the hoarding of animals in poor sanitary conditions. The bill was approved by the Health, Hospitals and Social Services Committee. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-860

An ordinance amending Title 10 (Health and Safety) of the Metropolitan Code of Laws providing regulations for temporary food establishments and mobile food vendors, all of which is more specifically described herein. The Codes, Fair and Farmers Market and Health, Hospitals and Social Services Committees recommended deferment. Mr. Dozier moved to defer the bill to the second meeting in January, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-861

An ordinance amending Section 16.28.040 of the Metropolitan Code of Laws to prohibit the issuance of a building permit if the applicant or property owner has been found guilty within the past twelve months of violating a stop work order issued by the Department of Codes Administration or violating T.C.A. § 7-51-1201. The Codes, Fair and Farmers Market Committee recommended deferment. Mr. Crafton moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-862

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending Section 16.28.190 to provide for compliance with T.C.A. §7-51-1201 et seq. Ms. Murray moved to withdraw the bill which is duplicated by BL2005-863, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-863

An ordinance amending Title 16 of the Metropolitan Code by amending Section 16.28.190 relative to demolition permits for historic structures. Ms. Murray offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE BILL NO. BL2005-863

An ordinance amending Title 16 of the Metropolitan Code by amending section 16.28.190 relative to demolition permits for historic structures. The substitute bill was approved by the Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees. Ms. Murray moved to pass the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-866

An ordinance amending Section 7.08.105 of the Metropolitan Code of Laws pertaining to the notice requirements for holders of caterer's beer permits. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Dozier moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Loring, McClendon, Walls, Shulman, Adkins, Foster, Kerstetter, Bradley, Williams, Tygard (23); "Noes" Whitmore (1); "Abstaining" Tucker, Gilmore, Isabel, Burch, Crafton, Wilhoite, Toler, Coleman (8).

BILL NO. BL2005-867

An ordinance to amend Metropolitan Code of Laws Section 15.12.020 and Section 15.48.020 by eliminating the requirement for separate written contracts between the Department of Water and Sewerage Services and its customers, and by authorizing customers to discontinue service upon oral notice. The bill was approved by the Public Works Committee. 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. BL2005-868

An ordinance to permit a change in control of the telecommunications franchise granted to MCImetro Access Transmission Services LLC by Ordinance No. 094-1192 caused by the Plan of Merger by and among Verizon Communications, Inc., Eli Acquisition, LLC and MCI, Inc. The bill was approved by the Budget and Finance 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 second reading as amended, which motion was seconded and adopted by a voice vote of the Council with Ms. Wilhoite "Abstaining."

BILL NO. BL2005-869

An ordinance authorizing the Director of Public Property, or his designee, and the Director of Parks and Recreation, or his designee, to accept and record an easement in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on a certain parcel of property located on portions of the Cheatham Lock and Dam Project for use in the Cumberland River greenway system (Proposal No. 2005M-218U-05). The bill was approved by the Planning Commission, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-870

An ordinance authorizing the acquisition of easements by negotiation or condemnation for use in Public Works Project Number 05-R-05, Smith Springs Parkway Extension from Paddington Way to Arvington Way, a public project of the Metropolitan Government (Proposal No. 2005M-222U-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Bradley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-871

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5997, Supplement # 1 with the State of Tennessee, Department of Transportation, Project No. BR-STP-45 (17); 19045-3238-94, SR-45 Bridge & Approaches over Whites Creek (LM 0.97) located in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Tucker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-872

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley #912 from 30th Ave South southwest to a dead end (Proposal No. 2005M-142U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking 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.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2005-621

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 properties located at 6943 Burkitt Road, 6947 Burkitt Road, and Burkitt Road (unnumbered), (46.50 acres), all of which is described herein (Proposal No. 2004Z-164G-12). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Documents were filed for the record. 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

SUBSTITUTE 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-Confirmation-Public Elections Committee. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

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, the bill being requested by Adam Epstein - Castleman Partners, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-816

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 SP district property located at 2643 Smith Springs Road (0.21 acres), all of which is described herein (Proposal No. 2005Z-110U-13). The bill was disapproved by the Planning Commission; the bill was approved by the Planning, Zoning and Historical Committee with an amendment. Ms. Wilhoite offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite moved to defer the bill as amended, the bill being requested by Jerry Ward, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2005-826 and BL2005-827 were considered together.

BILL NO. BL2005-826

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 RM15 district a portion of property located at Shiaway Drive (unnumbered) (5.46 acres), all of which is described herein (Proposal No. 2005Z-125U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2005-827

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 preliminary plan for a Planned Unit Development, located at Shiaway Drive (unnumbered) east of Una Antioch Pike, at the western terminus of Shiaway Drive (5.46 acres), to permit the development of 48 condominiums, all of which is more particularly described herein (Proposal No. 90P-019U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Alexander moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-836

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2005-2006. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-839

An ordinance authorizing the Director of the Division of Public Property Administration and the Director of Parks and Recreation to accept, execute and record an agreement for grant of easements in favor of the Metropolitan Government for use in connection with development of the Harpeth River greenway (Proposal No. 2005M-127G-06). The bill was approved by the Planning Commission, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-840

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter into a lease agreement with Greensboro I, a Tennessee Limited Partnership, for certain real property located at 804 Second Avenue South in Nashville, Tennessee (Proposal No. 2005M-181U-09). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-843

An ordinance amending Section 3.24.020 of the Metropolitan Code of Laws to authorize the extension of the "in-line-of-duty medical treatment network" pilot program. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-844

An ordinance amending Metropolitan Code of Laws Section 15.12.070 regarding prohibitions on cross-connections to the public drinking water supply system. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to defer the bill to the second meeting in January, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-847

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of McIver Street between Gallatin Pike and Burrus Street to "Hunters Meadow Lane" (Proposal No. 2005M-106U-05). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Hart moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-848

An ordinance authorizing the acceptance of an easement described in the plans for 2004 Pittway Drive, Stormwater Project No. 05-DL-0836 (Proposal No. 2005M-140). The bill was approved by the Public Works and Planning, Zoning and Historical Committees. 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-849

An ordinance abandoning a 20 foot drainage easement and authorizing the acceptance of a replacement 20 foot drainage easement, on Map 181, Parcel 011.00, Project No. 04-DL-0762, Darsino's Retail Center, and authorizing the execution of the documents necessary to effectuate the same (Proposal No. 2005M-007G-12). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-850

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project No. 03-WG-116A, Powell Avenue 36-inch Water Main, Phase II (Proposal No. 2005M-113U-11). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Adkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-851

An ordinance authorizing the Metropolitan Government to participate with Yazdian Construction Co., to provide public sewer service in Williamson County, to a development known as Nolensville Commercial. The bill was approved by the Budget and Finance and Public Works Committees. 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-852

An ordinance approving and accepting a contribution in the amount of $34,370 from Tyler Ring for purposes of traffic infrastructure improvements at Cato Road. The bill was approved by the Budget and Finance, Public Works and Traffic and Parking Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-853

An ordinance approving and accepting a contribution in the amount of $40,000 from Lenox Village for purposes of traffic infrastructure improvements at Holt Road. The bill was approved by the Budget and Finance, Public Works and Traffic and Parking Committees. 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-854

An ordinance authorizing the acceptance of certain easements located on 20 Culvert Street, 3410 Gallatin Pike, 11 Burton Hills Boulevard, 4131 Andrew Jackson Parkway, 936 Firestone Parkway, 417 Myatt Drive, 4108 Belmont Boulevard, 3109 Granny White Pike, 748 Wedgewood Avenue. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-855

An ordinance authorizing the acceptance of certain easements located at 586 & 588 Tulip Grove Road, 8300 Highway 70, 400 Oakbluff Lane, 1221 18th Avenue South, 1382 Rural Hill Road, 2606 & 2610 Grandview Avenue, 601 Marriott Drive, 4300 Hillsboro Pike, 6401 Harding Pike, and 15th Avenue South. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

- MEMORIALIZING RESOLUTIONS -

SUBSTITUTE RESOLUTION NO. RS2004-604

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact necessary legislation to allow the Metropolitan Charter's previously enacted recall and Charter amendment provisions, which have been arguably overridden by state law, to be applicable in the area of the Metropolitan Government. Mr. Toler moved to withdraw the resolution, which is no longer necessary due to recent action by the General Assembly, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1038

A resolution requesting the Metropolitan Nashville Police Department to enforce the existing fireworks ordinance, and requesting the Nashville Fire Department to increase its efforts to educate the public about the dangers of fireworks and injury prevention when using fireworks. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Hart moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1068

A resolution requesting Governor Phil Bredesen, the Davidson County Delegation to the Tennessee General Assembly, and the entire Tennessee General Assembly to take the action necessary to increase taxes on tobacco, beer, and liquor, and earmark these additional funds for local education and public safety functions. The resolution was approved by the Education and Public Safety-Beer and Regulated Beverages Committees; the Budget and Finance Committee recommended deferment. Mr. Walls moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1069

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly and the entire Tennessee General Assembly to take the action necessary to amend the Tennessee Constitution to allow a portion of the lottery revenue generated in each county to be designated for local schools, police and fire functions. The resolution was approved by the Education and Public Safety-Beer and Regulated Beverages Committees; the Budget and Finance Committee recommended deferment. Mr. Walls moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1071

A resolution requesting the Mayor and the Director of Finance to offer an early retirement buyout for Metropolitan Government employees. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee; the Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1075

A resolution requesting the Metropolitan Board of Public Education and the Director of Schools to establish and implement an incentive pay program for teachers whose students show marked increases in standardized test scores. The Education Committee recommended deferment. Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1088

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to designate the crimes of public indecency and indecent exposure as felonies when such acts are committed within 1,000 feet of a school, park or playground. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1089

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to substantially increase the mandatory penalties for persons convicted of criminal littering. The resolution was approved by the Public Works Committee. 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-1090

A resolution requesting the Mayor's Office, the Finance Department, and the General Services Department to review the requirements and take steps, if appropriate, to consider participating in the Courthouse Campaign sponsored through the National Association of Counties. The Budget and Finance Committee recommended deferment. Mr. Shulman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1091

A resolution requesting the Metropolitan Historical Commission to examine the feasibility of establishing a Metropolitan Historic Preservation Trust Fund. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-1092

A resolution requesting the Mayor, the Metropolitan Board of Public Education, and the Director of Schools to take the action necessary to ensure that funding for the construction of a new high school in the Antioch area is included as part of the capital spending plan for fiscal year 2006-2007. The resolution was approved by the Education Committee. 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, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-1093

A resolution requesting the Mayor and the Chief of Police to examine the feasibility of constructing a police precinct in southeast Davidson County, and to consider reassigning additional officers to patrol the southeastern portion of the county. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1094

A resolution requesting the Metropolitan Nashville Police Department to increase its efforts to educate the public about gangs. The Traffic and Parking Committee recommended deferment. Ms. Gilmore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1095

A resolution requesting the Director of Finance, the Director of Public Property Administration, and the Director of the Department of General Services to provide the Metropolitan Council with certain information regarding the parking spaces under the control of the Metropolitan Government. The Traffic and Parking Committee recommended deferment. Mr. Walls moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1096

A resolution requesting the Mayor, the Director of Finance, and the Director of Public Property Administration to take the action necessary to provide additional public parking in the riverfront area. The Traffic and Parking Committee recommended deferment. Mr. Walls moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1097

A resolution requesting the Mayor, the Metropolitan Sports Authority, and the Director of Finance to make an effort to negotiate with the Tennessee Titans organization to allow a ticket tax to be imposed prior to 2011 for maintenance and improvements to the coliseum. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2005-1098

A resolution requesting the Director of Finance to take the action necessary to dedicate a portion of the franchise fee paid by Nashville Gas Company to be used to provide assistance to citizens who cannot afford to pay their gas bills. 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" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" (0); "Abstaining" Wilhoite (1).

RESOLUTION NO. RS2005-1099

A resolution requesting the Metropolitan Board of Public Education and the Director of Schools to take the action necessary to give pay increases to inner-city school teachers. The resolution was approved by the Education Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and failed by the following vote: " Ayes" Isabel, Murray, Hart (3); "Noes" Dozier, Neighbors, Briley, Dread, Craddock, Jameson, Ryman, Brown, Gotto, Burch, McClendon, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Alexander, Toler, Tygard (20); "Abstaining" Tucker, Cole, Forkum, Loring, Hausser, Summers, Wilhoite, Kerstetter, Coleman, Bradley (10).

RESOLUTION NO. RS2005-1100

A resolution requesting the Metropolitan Board of Public Education and the Director of Schools to make twenty percent of all teachers' salaries incentive-based. The Education Committee recommended deferment. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1101

A resolution requesting the Mayor, the Director of Finance, and the Director of Purchasing to suspend the awarding of any government contract until all of the disparity study recommendations have been fully implemented. The resolution was disapproved by the Budget and Finance Committee. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-1102

A resolution proclaiming Saturday, December 17, 2005, as "Homeless Memorial Day" in Nashville, Tennessee. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, McClendon, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned.