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Minutes
Metropolitan Council Meeting
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The Metropolitan Council met in regular session on this date at 7:00 p.m. in Metro City Hall.
The invocation was offered by Reverend Gail Seavey of First Unitarian Universalist Church.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard and President Gentry (32); Absent: Neighbors, Murray, Cole, Greer, Crafton (5).
The Minutes of the regular meeting of April 4, 2006, were approved.
- ELECTIONS AND CONFIRMATIONS -
Audit Committee
Mr. Craddock nominated Mr. Gotto to serve on the Audit Committee to fill the
vacancy created by Mr. Bradley's resignation for the term expiring August 31,
2006. There being no further nominations, the President declared the nominations
closed. Mr. Loring moved to elect Mr. Gotto by acclamation, which motion was
seconded and adopted by a unanimous vote of the Council.
Planning
Commission
Reappointment of Mr. Victor Tyler for a term expiring March 31, 2010. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Social
Services Commission
Reappointment of Ms. Linda Mattson for a term expiring April 3, 2011. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Traffic
and Parking Commission
Reappointment of Ms. Kathy Austin for a term expiring April 3, 2011. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation,
which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Richard Fletcher for a term expiring April 3, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- BILL ON PUBLIC HEARING -
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 moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
- RESOLUTIONS -
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 resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution appropriating the amount of $11,866,473 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 approved the resolution with an amendment. Mr. Ryman offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to adopt the resolution as amended, which motion was seconded. Mr. Wallace moved to defer the resolution, which motion was seconded. Mr. Tygard moved to table the motion to defer, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt the resolution as amended, which motion was adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
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 resolution was approved by the Education Committee; the Budget and Finance Committee recommend deferment. Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating $90,300 for the Metropolitan Board of Health pursuant to a grant from the Tennessee Department of Health for the Women, Infants, and Children (WIC) program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution appropriating $30,000 for the Metropolitan Board of Health pursuant to a grant from the U.S. Environmental Protection Agency for the characterization of ambient concentrations of hazardous air pollutants. The resolution was approved by the Health, Hospitals and Social Services Committee; 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.
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. Briley moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2006-1269
A resolution supplementing and amending Resolution No. RS2004-257 adopted April 20, 2004 authorizing the issuance of General Obligation Refunding Bonds, Series 2006 of The Metropolitan Government of Nashville and Davidson County (Tennessee), in an original principal amount not exceeding $65,000,000 for the purpose of refunding a portion of the Metropolitan Government's General Obligation Public Improvement Bonds, Series 1996 and financing certain capital projects; and authorizing the execution and delivery of an interest rate swap agreement in connection therewith. Mr. Shulman offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE RESOLUTION NO. RS2006-1269
A substitute resolution supplementing and amending Resolution No. RS2004-257 adopted April 20, 2004 authorizing the issuance of General Obligation Refunding Bonds, Series 2006 of The Metropolitan Government of Nashville and Davidson County (Tennessee), in an original principal amount not exceeding $65,000,000 for the purpose of refunding a portion of the Metropolitan Government's General Obligation Public Improvement Bonds, Series 1996 and financing certain capital projects; and authorizing the execution and delivery of an interest rate swap agreement in connection therewith. The substitute resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
RESOLUTION NO. RS2006-1270
A resolution establishing a Council Human Resources Task Force to address the need for an economic impact study regarding out-of-county employees, a best practices study for the Metropolitan Council Office, and other human resources issues affecting the Metropolitan Council. Mr. Wallace offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE RESOLUTION NO. RS2006-1270
A resolution establishing a Council Human Resources Task Force to address the need for an economic impact study regarding out-of-county employees, a best practices study for the Metropolitan Council Office, and other human resources issues affecting the Metropolitan Council. The substitute resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution appropriating the amount of $20,000 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 resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
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 assist hurricane evacuees (No. 06-09-WS6-H09-HKRCI). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution approving an application for an Access to Artistic Excellence Grant from the National Endowment for the Arts to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution approving an application for the bulletproof vest partnership grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution accepting a grant from Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the purposes of a Metropolitan Police Department traffic safety project. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (29); "Noes" (0); "Abstaining" Adkins (1).
A resolution approving the exercise of option agreements for the purchase of certain flood prone properties, for Metro Water Services 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" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution authorizing the Department of Law to accept $7,576.59 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's property damage claim against Sigma Construction, and to deposit said funds into the appropriate fund and account as determined by the Department of Finance. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution authorizing Ritzen Group, Inc. to install, construct and maintain an awning encroachment on the public right-of-way located at 119 3rd Avenue South, Suite 100, between Broadway and Symphony Place, formerly Shelby Avenue (Proposal No. 2006M-031U-09). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Chapter 2.68 of the Metropolitan Code of Laws to require boards and commissions of the Metropolitan Government to publicly announce at each meeting the process and timeframe for appealing a decision of the board or commission. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance amending Section 17.40.120 of Title 17 of the Metropolitan Code, Zoning Regulations, to require Council approval of modifications to planned unit developments that increase the number of residential dwelling units, all of which is more specifically described herein (Proposal No. 2006Z-080T). 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.
An ordinance authorizing the Metropolitan Mayor to enter into Water, Sewer and Cable Line Agreement No. 600,043 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to construct and maintain water, sewer, cable lines in the railroad right-of-way 570 foot easterly, M.P. 3.11 and M.P. 3.24. 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.
- BILLS ON SECOND READING -
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. The Public Works Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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; 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 with Ms. Williams "abstaining".
An ordinance amending Chapter 4.04 of the Metropolitan Code of Laws to require the Metropolitan Purchasing Agent to submit a monthly report to the Metropolitan Council regarding all procurement contract awards. The bill was approved by the Budget and Finance Committee. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 4.12 of the Metropolitan Code of Laws to require that certain procurement contracts be approved by Resolution of the Metropolitan Council. The bill was approved by the Budget and Finance Committee. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 4.12 of the Metropolitan Code of Laws to require that procurement contracts in excess of Three Million Dollars ($3,000,000) be approved by Resolution of the Metropolitan Council. The Budget and Finance Committee recommended deferment. Mr. Wallace moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing certain departments, boards, and commissions of the Metropolitan Government to accept donations valued at less than or equal to $5,000, and providing for Council approval by Resolution for acceptance of donations valued at more than $5,000. The bill was approved by the Budget and Finance Committee. Mr. Shulman moved to pass the bill on second reading, which motion was seconded. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 6.12 of Title 6 of the Metropolitan Code of Laws to add permitting provisions for after hours establishments. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Dread moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving an agreement with the University of Massachusetts regarding services provided by the Metropolitan Nashville Police Department, and payment for same. 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 second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Mayor to enter into Water, Sewer and Cable Line Agreement No. 600,044 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to construct and maintain water, sewer, cable lines overhead, 1500 foot easterly, M.P. 3.0 (actual M.P. 3.29), and authorizing all future overhead cable license agreements with Nashville and Eastern Railroad Corporation by Resolution. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance declaring surplus and authorizing the disposition of a certain parcel of property by the Director of the Public Property Administration (Proposal No. 2006M-026U-08). The bill was approved by the Planning Commission, Budget and Finance 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.
An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-VV and described below (Proposal No. 2006M-040U). The bill was approved by the Planning Commission, Budget and Finance 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.
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. 05-R-03, improvements at the intersection of Dodson Chapel Road and Central Pike (Proposal No. 2005M-255G-14). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. White moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 #316 from S. 11th Street to Alley #292 (Proposal No. 2006M-018U-05). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 Expressway Park Drive right-of-way from Murfreesboro Pike northeastwardly approximately 220 feet (Proposal No. 2006M-017U-11). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; 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.
- BILLS ON THIRD 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 offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2005-856
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 SP district property located at 3300 Elm Hill Pike, at the northern terminus of Trails End Lane (1.61 acres) to permit a day care facility, all of which is described herein (Proposal No. 2005Z-117G-14). Mr. Burch moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).
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 to SP zoning property located at 1106, 1108, 1110, 1112, 1116, 1120, and 1204 West Trinity Lane, west of Youngs Lane (27.55 acres), to permit 248 townhouses with a clubhouse, all of which is described herein (Proposal No. 2005SP-179U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).
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, Budget and Finance, Education and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).
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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).
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, Public Works, and Planning, Zoning and Historical Committees. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).
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. The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).
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. The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Ms. Tucker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).
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. 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" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
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. The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
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, 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" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
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, 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" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
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, 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" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
- MEMORIALIZING RESOLUTIONS -
A resolution supporting state legislation increasing the minimum wage in Tennessee. The Budget and Finance Committee recommended deferment. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution supporting HB3350/SB3616, which would establish a state deposit and recycling program for beverage containers. The resolution was approved by the Budget and Finance Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution requesting President George W. Bush, Senate Majority Leader Bill Frist, Senator Lamar Alexander, the Davidson County Congressional Delegation, Governor Phil Bredesen, the Tennessee Department of Correction, and Sheriff Daron Hall to develop and implement a mandatory HIV/AIDS testing policy for all prison and jail inmates. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Wallace moved for a suspension of the rules to override the committee recommendation and to allow the Council to act as a Committee of the Whole, which motion was seconded and adopted without objection. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution requesting Senate Majority Leader Bill Frist, Senator Lamar Alexander, and the Davidson County Congressional Delegation to take the action necessary to locate a new post office within the 37207 zip code area. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution requesting the Tennessee Department of Transportation to install noise abatement walls along Interstate 65 between Whites Creek Pike and Fern Street. The resolution was approved by the Public Works Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded. Mr. Isabel moved to defer the resolution, which motion was seconded. After discussion, Mr. Isabel withdrew his motion without objection. The matter recurred on the motion to adopt the resolution, which motion was adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (29); "Noes" (0); "Abstaining" Adkins (1).
A resolution requesting the Mayor, the Director of Finance, all Metropolitan Government Departments, the Metropolitan Development and Housing Agency, and the Metropolitan Board of Public Education to provide the Metropolitan Council an ongoing report for all grants showing the number and percentage of minority employees and contractors. The resolution was approved by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution requesting the Mayor and the Director of Finance to declare moratoria on the awarding of government contracts over $500,000 other than to the lowest bidder and cost overruns for government contracts. The resolution was approved by the Budget and Finance Committee. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution requesting the management of Starwood Amphitheatre to increase the number of security staff and police officers during concerts held at the venue. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Coleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
A resolution proclaiming April 25, 2006, as Holocaust Remembrance Day here in Nashville. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (30); "Noes" (0).
Upon motion duly
seconded, the meeting was adjourned.