Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, March 21, 2006


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

The invocation was offered by Councilmember Amanda McClendon.

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: Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard and President Gentry (36); Absent: Dozier, Gilmore (2).

The Minutes of the regular meeting of March 7, 2006, were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The Rules-Confirmation-Public Elections Committee recommended indefinite deferment of the following proposed amendment to the Rules of Procedure of the Metropolitan Council. Mr. Adkins moved to defer the matter indefinitely, which motion was seconded and adopted by a voice vote of the Council.

Rule No. 31:

By deleting the first paragraph in its entirety and substituting in lieu thereof the following paragraph:

"Members of the public may address the Council by a majority vote of the Council members present. This restriction does not apply to zoning matters where all parties concerned shall be allowed to speak for two minutes each, however, proponents and opponents shall be limited to a maximum speaking time of twenty minutes per side. The Council may by majority vote extend the foregoing time limitation in increments of ten minutes. The Metropolitan Clerk shall keep time in accordance with this Rule."

- RESOLUTIONS -

RESOLUTION NO. RS2006-1206

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

RESOLUTION NO. RS2006-1207

A resolution amending Substitute Resolution No. RS2005-927 by extending the deadline for the Task Force on Telecommunications Innovation to issue its report to the Metropolitan Council until August 1, 2006. The resolution was approved by the Budget and Finance Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1208

A resolution setting a public hearing for Ordinance No. BL2006-980 pertaining to the renewal and transferability of building and demolition permits issued for property located within a Historic Overlay District. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Dread moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1209

A resolution approving the tree bank fee schedule promulgated by the Urban Forester. The Budget and Finance Committee and Codes, Fair and Farmers Market Committees recommended deferment. Mr. Jameson moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1210

A resolution approving an amendment to the contract for the employment of Donald W. Jones as Special Counsel and Director of the Council Office for the Metropolitan County Council. The resolution was approved by the Executive Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1211

A resolution approving an Interlocal Agreement with the City of Goodlettsville for law enforcement assistance. 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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1212

A resolution approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County, the Electric Power Board of the Metropolitan Government, and the City of Berry Hill for access to 800-MHZ for emergency radio dispatching and response. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee; the Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1213

A resolution approving a secured loan from The Metropolitan Government of Nashville and Davidson County to the Hospital Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee recommended deferment. Mr. Wallace requested a suspension of the rules for consideration of the resolution at this time; Mr. Ryman objected and the rules were not suspended. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1214

A resolution approving an amendment to a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for the development of an exercise program that encompasses all aspects of homeland security (No. Z-04-019754-01). The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee; the Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1215

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Center for Youth Issues to provide community prevention intervention services for children in the Planning Area 5 (East) region of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1216

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Center for Youth Issues to provide community prevention intervention services for children in the Planning Area 8 (North) region of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1217

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Center for Youth Issues to provide community prevention intervention services for children in the Planning Area 11 (South) region of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1218

A resolution accepting and appropriating $15,000 for the Metropolitan Board of Health pursuant to a grant from the U.S. Environmental Protection Agency for a program to reduce asthma among children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1219

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Centerstone Community Mental Health Centers, Inc. for Centerstone to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1220

A resolution approving a grant agreement by and between the Metropolitan Board of Health and New Vision Inc. for New Vision to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Williams, Tygard (29); "Noes" Whitmore (1); "Abstaining" Isabel, Coleman (2).

RESOLUTION NO. RS2006-1221

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Oasis Center for Oasis Center to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Briley, Dread, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Williams, Tygard (27); "Noes" (0); "Abstaining" Isabel, Greer, Whitmore, Coleman (4).

RESOLUTION NO. RS2006-1222

A resolution appropriating $159,200 for the Metropolitan Planning Commission pursuant to a grant from the Tennessee Department of Transportation for an ozone action program. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (33); "Noes" (0); "Abstaining" Adkins (1).

RESOLUTION NO. RS2006-1223

A resolution accepting and appropriating $32,474.95 in grant funds from multiple sources for use by the Metropolitan Planning Commission pursuant to Contract No. 040109. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1224

A resolution appropriating $450,000 for the Metropolitan Planning Commission pursuant to a grant from the Tennessee Department of Transportation for implementation of a rideshare promotion. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (33); "Noes" (0); "Abstaining" Adkins (1).

RESOLUTION NO. RS2006-1225

A resolution accepting a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of the District Attorney General, for personnel to review, coordinate, and prosecute cases of firearm crimes. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee; the Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1226

A resolution accepting a grant from the Tennessee Department of State to The Metropolitan Government of Nashville and Davidson County for the benefit of the Nashville Public Library to purchase computers, software, and related equipment. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1227

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 for re-entry into the labor force and training for those facing serious barriers to employment (No. 06-09-PY5-209-ADULT). 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: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1228

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 for re-entry into the labor force and training for those facing serious barriers to employment (No. 06-09-FY6-209-ADULT). 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: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1229

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 dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (No. 06-09-PY5-409-DSLWK). 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: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1230

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 dislocated workers for re- entry into the labor force and training for those facing serious barriers to employment (No. 06-09-FY5-409-DSLWK). 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: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1231

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 to establish programs to prepare 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-N09-NTLEG). 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: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1232

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 and services to develop surgical first assistance (No.05-09-PY4-1AD-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: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1233

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 to establish programs to prepare adults, dislocated workers, and youth for re-entry into the labor force through an on-the-job training program and to offer training to those facing serious barriers to productive employment (No. 06-09-FY6-1FT-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: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1234

A resolution approving and authorizing the Mayor to execute Amendment No. 1 to the contract with the State of Tennessee Department of Transportation for reevaluation of the existing Environmental Impact Statement for a portion of the Shelby Street - Demonbreun Street corridor. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (33); "Noes" (0); "Abstaining" Adkins (1).

RESOLUTION NO. RS2006-1235

A resolution appropriating the amount of $173,600 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Codes Administration of The Metropolitan Government of Nashville and Davidson County.
The Budget and Finance and Codes, Fair and Farmers Market Committees recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1236

A resolution appropriating the amount of $2,890,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Fire Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1237

A resolution appropriating the amount of $11,886,473 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the General Services Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1238

A resolution appropriating the amount of $137,500 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Health Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1239

A resolution appropriating the amount of $3,000,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Information Systems Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1240

A resolution appropriating the amount of $250,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Parks and Recreation Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1241

A resolution appropriating the amount of $469,800 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Police Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1242

A resolution appropriating the amount of $1,787,900 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Public Library of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1243

A resolution appropriating the amount of $108,600 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Sheriff's Office of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1244

A resolution appropriating One Million Eight Hundred Thousand Dollars ($1,800,000) from the Unappropriated Fund Balance of the General Fund of the General Services District to Nashville Alliance for Public Education, Inc. to provide funding for technology and science equipment for use in public schools. The Budget and Finance and Education Committees recommend deferment. Mr. Tygard moved to defer the resolution to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1245

A resolution approving the exercise of option agreements for the purchase of various flood prone properties for Water & Sewerage Services Department Project No. 02-D-149 (Proposal No. 2002M-111U-12). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Foster moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

RESOLUTION NO. RS2006-1246

A resolution authorizing Cumberland Partners, to install, construct and maintain a sign encroachment in right-of-way approximately 4 feet deep by 10 feet tall hanging above the sidewalk at 555 Church Street (Proposal No. 2006M-021U-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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (34); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2006-998

An ordinance amending Chapter 13.08 and Chapter 13.16 of the Metropolitan Code of Laws to prohibit any temporary or permanent encroachment into the public right-of-way without first obtaining a permit from the Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2006-999

An ordinance amending Section 17.40.300 of Title 17 of the Metropolitan Code, Zoning Regulations, to require the Board of Zoning Appeals to provide the applicant for a special exception with a copy of the Planning Commission Report regarding the application prior to the public hearing, all of which is more specifically described herein (Proposal No. 2006Z-049T). 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. BL2006-1000

An ordinance approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. NWR UEW-2005-1, with Nashville and Western Railroad Corporation, to grant a 50' length of water main right-of-way, located at the intersection of Charlotte Avenue and 31st Avenue. 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. BL2006-1001

An ordinance authorizing the Metropolitan Government to enter into renewal of a water easement at J. Percy Priest Dam and Reservoir Project, Easement No. DACW62-2-86-0036 (Proposal No. 2005M-247G-13). 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. BL2006-1002

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2629 Old Buena Vista Road, 320 and 324 Melvin Jones Drive, and 191 Welch Road. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1003

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 726 4th Avenue North, 3000 West End Avenue, 7454 Old Hickory Boulevard, 33 Burton Hills Boulevard, 1831 Linder Industrial Drive, 6682 Nolensville Pike, and 8400 Highway 100. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1004

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 504 and 506 Madison Street, 1201 5th Avenue North #101, 1415 Lebanon Pike, 5010 Old Hickory Boulevard, 555 Church Street East, 740 Darden Place, 1510 Branch Street, and 1017 Fatherland Street. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1005

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 217 W. Maplewood Lane, 6815 Nolensville Road, 275 Jackson Meadows Drive, 950 Fiber Glass Road, 110 31st Avenue North, 3017 Hedrick Street, 7164 Whites Creek Pike, Mercomatic Drive, 12330 Old Hickory Boulevard, 701 Marriott Drive, Ermac Drive, Marriott Drive, and 7335 Charlotte Pike. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1006

An ordinance authorizing the acquisition of property by negotiation or condemnation, for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 05-WG-72, Roxborough Water Tank (Proposal No. 2005M-136G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1007

An ordinance abandoning a 15" sanitary sewer line and easement that will be replaced by a 15" sanitary sewer line and easement, that is shown on Map 161, Parcels 101-103, 105, 107, 112, and 189 and Map 162, Parcels 78-82, Project 05-SL-118, Wal-Mart, Nolensville Road, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-211U-12). 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. BL2006-1008

An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by an 8" sanitary sewer line, that is shown on Map 103-01, Parcel 019.00, Project 05-SL-0182, Advance Auto Parts, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-248U-07). 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. BL2006-1009

An ordinance abandoning a 10" sanitary sewer line and easement, authorizing the acceptance of an easement and sewer line, and authorizing the acceptance of a fire hydrant, all of which is shown on Map 092-08, Parcels 99 and 100, and Map 098-12, Parcels 7-11, 17, 18, and 506, Projects 05-SL-86/05-WL-85, Walgreens-Charlotte Pike at Dr. D.B. Todd Jr. Boulevard, and authorizing the execution of documents necessary therefore (Proposal No. 2005M-250U-08). 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. BL2006-1010

An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by an 8" sanitary sewer line, that is shown on Map 075, Parcel 122.00, Project 05-SL-0155, Home Depot-Hermitage, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-249G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1011

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way of Alley Number 234 from the intersection of Division Street and Music Circle East around to Music Circle East (Proposal No. 2006M-025U-10) all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2005-856

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 ON to OL district property located at 3300 Elm Hill Pike, at the northern terminus of Trails End Lane (1.61 acres), all of which is described herein (Proposal No. 2005Z-117G-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Burch moved to pass the bill on second reading, 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 bill was approved by the Codes, Fair and Farmers Market Committee. In the absence of the sponsor, Mr. Tygard moved to defer the bill, which motion was seconded. Pursuant to Rule No. 22 of the Rules of Procedure of the Metropolitan Council, the bill is considered withdrawn.

BILL NO. BL2005-922

An ordinance amending the Metropolitan Code of Laws to provide for the reimbursement of overpayments made by customers for water and sewer services. The bill was approved by the Public Works Committee; the Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-936

An ordinance amending Title 16 of the Metropolitan Code by amending Section 16.28.190 relative to demolition permits for historic structures (Proposal No. 2006Z-020T). The bill was approved by the Planning Commission; the Codes, Fair and Farmers Market Committee approved the bill with an amendment. Ms. Murray offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Murray moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-979

An ordinance naming the Howard Office Complex in honor of Richard H. Fulton. The bill was approved by the 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. BL2006-980

An ordinance amending Chapter 16.28 of the Metropolitan Code of Laws to allow building and demolition permits for property located within a Historic Overlay District to be renewable every six months regardless of whether work has commenced, and to make such permits transferable, all of which is more particularly described herein. The bill was approved by the Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees. Mr. Dread offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Cole moved to refer the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council. Mr. Dread moved to defer the bill, as amended to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-981

An ordinance amending Section 16.44.030 of the Metropolitan Code of Laws to prohibit construction noise in a residential area exceeding seventy Db(A) between the hours of nine p.m. and seven a.m. The Codes, Fair and Farmers Market Committee recommended indefinite deferment. Mr. Isabel moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-982

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 110 feet of Cambridge Avenue right-of-way in front of Parcel 189 on Map 103-8 (Proposal No. 2005M-177U-10). The bill was approved by the Planning Commission and Traffic and Parking Commission; the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees recommended deferment. Mr. Summers moved to defer the bill indefinitely so that the neighborhood association can meet on the matter before further consideration, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-983

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 #380 and Alley #381 right-of-way (Proposal No. 2005M-256U-10). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-984

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 13th Avenue North right-of-way from Alley #611 to Interstate 40 (Proposal No. 2005M-175U-08). The bill was approved by the Planning Commission; Traffic and Parking 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. BL2006-985

An ordinance authorizing the Metropolitan Government to participate with The Jones Company, to provide public sewer service in Williamson County to Bridgeton Park, Phase Five Subdivision Project No. 04-SL-185. 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. BL2006-986

An ordinance authorizing the acquisition of certain easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project No. 06-R-01, improvements at Demonbreun Street from 8th Avenue South to 10th Avenue South (Proposal No. 2006M-016U-09). The bill was approved by the Planning Commission, Budget and Finance, 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. BL2006-987

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 05-SG-0107, Green Street Sanitary Sewer Extension (Proposal No.2005M-169U-11). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical 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. BL2006-988

An ordinance authorizing the acquisition of certain easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project No. 06-R-02, Neely's Bend Road intersection improvements (Proposal No. 2006M-015G). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-989

An ordinance approving the disposition of a parcel of surplus property located at 5880 Eatons Creek Road, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2005M-183G-01). The bill was approved by the Planning Commission, Budget and Finance, Education, and Planning, Zoning and Historical Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-990

An ordinance approving the disposition of a certain parcel of surplus property located at 5022 Old Hydes Ferry Pike, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2005M-184G-03). The bill was approved by the Planning Commission, Education and Planning, Zoning and Historical Committees; the Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-991

An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by a 8" sanitary sewer line and easement, that is shown on Map 034-07, Parcel 034.00, Lots 1 thru 11, Project 04-SL-0150, Harbor Village, Phase 3, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-263G-04). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-992

An ordinance amending Chapter 2.28 of the Metropolitan Code of Laws to require the Metropolitan Fire Marshal to maintain a record of all blasting permit information, which is to be available for public inspection. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Tucker moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-993

An ordinance authorizing the acquisition of property by negotiation or condemnation for use in the public projects for The Metropolitan Government of Nashville and Davidson County and initially with relation to the expansion of Fire Station #16 located in the Belmont-Hillsboro area (Proposal No. 2006M-027U-10). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages 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. BL2006-994

An ordinance authorizing the Metropolitan Government to participate with Pulte Homes, Tennessee LP, to provide public sewer service in Williamson County to Winterset Woods Section II, Project No. 05-SL-100. 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. BL2006-995

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 #188 right-of-way from 3rd Avenue North to 4th Avenue North, all of which is more particularly described herein (Proposal No. 2006M-007U-08). The bill was approved by Planning Commission; Traffic and Parking 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. BL2006-996

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 61.82 feet x 35.26 feet section of right-of-way at the northwest end of Burns Street (Proposal No. 2006M-008U-08). The bill was approved by Planning Commission; Traffic and Parking 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. BL2006-997

An ordinance to amend the Geographical Information Systems Map for The Metropolitan Government of Nashville and Davidson County, by renaming the private roads, Garland Avenue from 21st Avenue South to 22nd Avenue South and renaming 22nd Avenue South from Garland Avenue to Blakemore Avenue to Medical Center Drive (Proposal No. 2006M-009U-10). The bill was approved by Planning Commission; Emergency Communications District Board; 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 -

BILL NO. BL2005-565

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 RS5 to SP district property at 104 Glenrose Avenue, approximately 225 feet east of Foster Avenue, (0.27 acres), all of which is described herein (Proposal No. 2004Z-163U-11). The bill was approved by the Planning Commission with an amendment; and approved by the Planning, Zoning and Historical Committee. Ms. McClendon offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. McClendon moved to pass the bill on third reading, as amended, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2005-566

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 for a Planned Unit Development district property located at 104 Glenrose Avenue, east of Foster Avenue (0.27 acres) to permit a 911 square foot office retail use in an existing building, all of which is described herein (Proposal No. 2004P-038U-11). The bill was approved by the Planning, Zoning and Historical Committee. Ms. McClendon moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-834

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.720 pertaining to the public notification requirements for public hearings conducted by the Board of Zoning Appeals, all of which is more particularly described herein (Proposal No. 2005Z-153T). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Summers offered Amendment No. 1 and moved for its passage, which motion was seconded and adopted by a voice vote of the Council. Mr. Summers moved to pass the bill on third reading as amended, which motion was seconded and failed by the following vote: "Ayes" Briley, Dread, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Tygard (26); "Noes" (0); "Abstaining" Neighbors, Greer, Wallace, Whitmore, Williams (5).

Without objection Bill Nos. BL2005-896 and BL2005-897 were considered together.

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 and Planning, Zoning and Historical Committee.

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, Zoning and Historical Committee.

Ms. Williams moved to defer the bills on third reading, the bills being requested by Gresham, Smith & Partners, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-907

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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray moved to defer the bill on third reading, which motion was seconded and adopted 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). 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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-943

An ordinance abandoning a sanitary sewer easement, that is shown on Map 93-13, Parcel 121.00, Project 05-SG-0014, Nashville Urban Partners, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-225U-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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-944

An ordinance authorizing the acquisition of property by negotiation or condemnation, for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 03-D-0514, Holt Road (Proposal No.2005M-157G-12). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Toler moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-945

An ordinance authorizing the acquisition of property by negotiation or condemnation, for purposes of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project No. 02-SG-77/02-WG-69, Bell Road at Smith Springs Road at J. Percy Priest Lake, Tract Nos. 737, 741, 742, and 755 granted by the Department of Army, Corps of Engineers (Proposal No. 2005M-100U-13). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees. Ms. Wilhoite moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-946

An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by a 8" sanitary sewer line, easement, 8"water main, and a 2" connection, that is shown on Map 104-01, Parcel 263.00, Project 05-SL-77 and 05-WL-89, West End Station, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-223U-07). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-947

An ordinance abandoning an 8" sanitary sewer line and easement that will be replaced by an 8" sanitary sewer line and easement by plat, that is shown on Map 104-09, Parcel 166.00, Project 05-SL-0120, Nelley Residence Sewer, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-210U-10). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-948

An ordinance abandoning a 20 foot sanitary sewer easement, that is shown on Map 147-04, Parcel 183.00, Project 05-SG-0021, Wallace Road Medical Building, and authorizing the execution of the documents to carry out the abandonment (Proposal No.2005M-224U-12). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Adkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-949

An ordinance abandoning a 36" sanitary sewer line and easement by plat that will be replaced by a 36" sanitary sewer line and easement by plat that is shown on Map 90, Parcel 007.00, Project 05-SL-116, Reo Stone, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-213U-07). 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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-950

An ordinance authorizing the acquisition of property by negotiation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, in Williamson County, initially with relation to Project No. 05-SG-22, Concord Forest, Forest Trail grinder pumps (Proposal No. 2005M-140). The bill was approved by the Planning Commission, Budget and Finance, 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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-951

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 4560 Trousdale Drive, 4119 Sneed Road, Woodland Street, 2215 Garland Avenue, 695 Grassmere Park, 254 Spence Lane, 1221 18th Avenue South, and 6120 Mt. View Road. 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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-952

An ordinance authorizing the Metropolitan Government to participate with LEGG Investments to provide public sewer service in Davidson County to Mill Creek Town Center, Sewer Project No. 05-SL-32. The bill was approved by Budget and Finance 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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-953

An ordinance abandoning an 8" sanitary sewer, 8" water line and easement that will be relocated in the right-of-way on Bedford Avenue, that is shown on Map 117-14, Parcels11-31 and 104-113, Project 04-SL-91 and 04-WL-79, Bedford Avenue/Abbott Martin Road, and authorizing the execution of the documents to carry out the abandonment and relocation (Proposal No. 2004M-112U-10). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-954

An ordinance amending Chapter 2.10 of the Metropolitan Code of Laws to provide for the creation and implementation of a "Nashville KNOWS" program. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-955

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to RM9 properties located at North DuPont Avenue (unnumbered), and 109, 111, 113, and 115 McArthur Drive, at the northwest corner of State Route 45 and McArthur Drive (3.68 acres), all of which is described herein (Proposal No. 2006Z-011G-04). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-957

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 zoning, property located at 1737, 1741 and 1745 Glen Echo Road, approximately 140 feet east of Hillmont Drive (3.07 acres), to permit the development of 12 single-family lots, all of which is described herein (Proposal No. 2006Z-007U-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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-959

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 RS10 zoning on various properties located north of Shackleford Road on Green Hills Drive, Bonner Avenue, Eden Avenue, and Shackleford Road (16.96 acres), all of which is described herein (Proposal No. 2006Z-027U-10). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill on third reading which remaining questions are addressed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-961

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 RS5 to SP district, property located at 106 Glenrose Avenue, approximately 185 feet east of Foster Avenue (0.24 acres), to permit a building/contractor supply use, office use, and/or residential use, all of which is described herein (Proposal No. 2005SP-178U-11). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-962

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 CS district properties located at 7342 Charlotte Pike and 706 Old Hickory Boulevard (1.29 acres), all of which is described herein (Proposal No. 2005Z-175U-06). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-963

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN to RS5 district property located at 1801 Baptist World Center Drive, along the northeast corner of Baptist World Center Drive and Meade Avenue (.17 acres), all of which is described herein (Proposal No. 2006Z-004U-03). The bill was approved by the Planning Commission and the 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" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-964

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 and R10 to RS7.5 district various properties located east of Bowling Avenue on Valley Vista Road, Bellwood Avenue, and Saratoga Drive (17.96 acres), all of which is described herein (Proposal No. 2006Z-001U-10). The bill was approved by the Planning Commission and the 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" Neighbors, Briley, Isabel, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (28); "Noes" Gotto, Greer (2); "Abstaining" Tucker, Dread, Crafton, Foster (4).

BILL NO. BL2006-965

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 Pettus Road (unnumbered), approximately 475 feet south of Blairfield Drive (10.0 acres), requested, all of which is described herein (Proposal No. 2005Z-100G-12). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Coleman moved to defer the bill indefinitely, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-966

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 various properties located north of Harding Place on Lone Oak Circle, Shys Hill Road, and Glendale Place (44.57) acres), all of which is described herein (Proposal No. 2006Z-002U-10). The bill was approved by the Planning Commission and the 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" Neighbors, Tucker, Briley, Dread, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (30); "Noes" Greer (1)' Abstaining" Isabel, Wallace (2).

BILL NO. BL2006-968

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 SP zoning properties located at 6949 Highway 70 South and Highway 70 South (unnumbered), approximately 2,245 feet east of Old Hickory Boulevard (19.8 acres), to permit 16 cottages and 19 townhouses for a total of 35 dwelling units, all of which is described herein (Proposal No. 2006Z-010G-06). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

Without objection Bill Nos. BL2006-969 and BL2006-970 were considered together.

BILL NO. BL2006-969

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 CL (3.47 acres) and RM9 (6.0 acres) district property located at 420 and 424 Donelson Pike and Donelson Pike (unnumbered), approximately 150 feet south of Lakeland Drive (9.47 acres total), all of which is described herein (Proposal No. 2005Z-169U-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

BILL NO. BL2006-970

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 420 and 424 Donelson Pike and Donelson Pike (unnumbered), to permit 8,000 sq. ft. restaurant, 5,500 sq. ft. bank, and 54 multi-family units, (9.46) acres, all of which is described herein (Proposal No. 2005P-033U-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

Mr. Loring moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Briley, Dread, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (31); "Noes" (0); "Abstaining" Isabel, Wallace (2).

BILL NO. BL2006-971

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, relative to the minimum lot sizes permitted in zoning districts allowing multi-family housing, all of which is more particularly described herein (Proposal No. 2006Z-015T). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-972

An ordinance amending Chapters 17.04, 17.08, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to automobile repair, service, and sales uses by making certain automobile repair, services, and sales uses permitted only within the Specific Plan (SP) district, and by modifying the definition of these uses and land use tables accordingly, all of which is more specifically described herein (Proposal No. 2006Z-029T). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. McClendon offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. McClendon moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-973

An ordinance amending Chapters 17.04, 17.08, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, to add the use "Donation center, drop-off" as a use permitted with conditions in the MUL, MUG, MUI, CL, CS, CA, CF, CC, SCC, SCR, IWD, IR and IG districts, and by adding certain conditions and parking requirements for such use, all of which is more specifically described herein (Proposal No. 2006Z-039T). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Briley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Briley moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-975

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to change the number of years an affordable housing unit must remain affordable granted under Special Floor Area and Development Bonus provisions in the Zoning Code (Proposal No. 2005Z-106T). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).
Without objection Bill Nos. BL2006-976 and BL2006-977 were considered together.

BILL NO. BL2006-976

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 cancelling a portion of the Planned Unit Development district located at 1501 and 1507 8th Avenue North, all of which is described herein (Proposal No. 2006P-001U-08). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee.

BILL NO. BL2006-977

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 RM9 to MUG district properties located at 1501 8th Avenue North and 1507 8th Avenue North, opposite Hume Street (.99 acres), all of which is described herein (Proposal No. 2006Z-009U-08). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee.

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

BILL NO. BL2006-978

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 cancelling a portion of a Planned Unit Development located at 400 Meridian Street, along the east side of Dickerson Pike (4.16 acres), all of which is described herein (Proposal No. 2003P-015U-05). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Ms. Murray moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2006-1247

A resolution requesting the Davidson County Congressional Delegation to introduce and support the necessary legislation to allow senior citizens to deduct a portion of their heating costs on their federal income tax return. The resolution was approved by the Budget and Finance Committee. Mr. Isabel moved to defer the resolution at the request of the sponsor, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1248

A resolution requesting the Tennessee Department of Transportation to install noise abatement walls along Briley Parkway West between Brick Church Pike and Ashland City Highway. The Public Works Committee recommended deferment. Mr. Isabel moved to defer the resolution at the request of the sponsor, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1249

A resolution requesting the Metropolitan Board of Public Education to require that a tape recording and/or written transcript be maintained by the school system of all Individualized Education Program (IEP) Team meetings. The resolution was approved by the Education Committee. Ms. Tucker offered a substitute resolution and moved that it be accepted for filing, and no objection was heard.

SUBSTITUTE RESOLUTION NO. RS2006-1249

A resolution requesting the Metropolitan Board of Public Education to develop and implement a policy for the documentation of services offered to students and parents during the Eligibility Team meeting. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2006-1250

A resolution requesting the Mayor's Office of Neighborhoods to check the Tennessee Sexual Offender Registry on a weekly basis and notify neighborhood associations of offenders in their area. 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, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2006-1251

A resolution requesting Nashville Electric Service and the Metropolitan Electric Power Board to reconsider the decision to increase electricity rates over and above the increase in wholesale electric costs. 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, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2006-1252

A resolution requesting the Metropolitan Fire Marshal to examine the feasibility and legality of requiring applicants for blasting permits to provide a detailed schedule of anticipated blasting activity at the time the application is filed. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Tucker moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

Mr. Wallace requested a suspension of the rules for consideration of one late resolution, and no objection was heard.

RESOLUTION NO. RS2006-1253

A resolution opposing the award of the security services contract to Wackenhut Corp. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (32); "Noes" (0).

Mr. Hart requested a suspension of the rules for consideration of the following commendatory resolution, and no objection was heard.

RESOLUTION NO. RS2006-1197

A resolution recognizing Samuel Frey on being named "Teacher of the Year" for 2006-2007 at Jere Baxter Middle School. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Hart moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (32); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned.