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Minutes


Metropolitan Council Meeting
Tuesday, September 19, 2006


The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilman Jim Hodge.

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

The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard and President Gentry (38); Absent: Briley, Williams (2).

The Minutes of the regular meeting of August 29, 2006, were approved.

- ELECTIONS AND CONFIRMATIONS -

Audit Committee
The names of Mr. Craddock and Mr. Gotto were submitted as nominees to the Audit Committee for one-year terms expiring August 31, 2007. There being no further nominations, the President declared the nominations closed. Mr. Loring moved to elect Messrs. Craddock and Gotto by acclamation to the Audit Committee for one year terms, which motion was seconded and adopted by a unanimous vote of the Council

Board of Health
Reappointment of Dr. Sam Okpaku for a term expiring July 9, 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.

Historical Commission
Reappointment of Ms. Amelia Edwards for a term expiring August 10, 2010. Without objection, the nomination was deferred.

Reappointment of Ms. Anne Roos for a term expiring August 10, 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.

Tourism & Convention Commission
Appointment of Mr. Daniel Tyler for a term expiring June 30, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Johnny Walker for a term expiring June 30, 2009. 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.

- RESOLUTIONS -

RESOLUTION NO. RS2006-1487

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.

Amendment No. 1. The Charter Revision Commission did not recommend the amendment. Mr. Summers moved to withdraw the amendment, which motion was seconded and adopted without objection.

Amendment No. 2. The Charter Revision Committee approved the amendment. Mr. Foster moved to adopt the proposed amendment, which motion was seconded and failed by the following vote: "Ayes" Dread, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Hausser, Walls, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (22); "Noes" Dozier, Neighbors, Tucker, Hunt, Ryman, Brown, Burch, White, Loring, Greer, Wallace, Adkins (12); "Abstaining" Whitmore, Evans (2).

Amendment No. 3. The Charter Revision Commission did not recommend the amendment. The Charter Revision Committee recommended approval. Mr. Foster moved to adopt the proposed amendment, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Dread, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, Hausser, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (29); "Noes" Isabel, Ryman, Brown, Greer, Wallace (5); "Abstaining" Neighbors, Tucker (2).

Amendment No. 4. The Charter Revision Commission did not recommend the amendment. The Charter Revision Committee recommended approval. Mr. Coleman moved to adopt the proposed amendment, which motion was seconded and failed by the following vote: "Ayes" Craddock, Murray, Hart, Gotto, Burch, White, Loring, Walls, Summers, Shulman, Foster, Alexander, Wilhoite, Duvall (14); "Noes" Dozier, Dread, Hunt, Jameson, Cole, Forkum, Ryman, Brown, Greer, Wallace, Whitmore, Crafton, Evans, Adkins, Hodge, Toler, Tygard (17); "Abstaining" Tucker, Hausser, Coleman (3).

Amendment No. 5. The Charter Revision Committee did not recommend the amendment. The Charter Revision Committee approved the amendment. Mr. Craddock moved to adopt the proposed amendment, which motion was seconded adopted by the following vote: "Ayes" Dozier, Neighbors, Dread, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (33); "Noes" Isabel (1); "Abstaining" Cole (1).

Before further action on RS2006-1487 was taken, the following charter amendment resolutions were considered:

RESOLUTION NO. RS2004-539

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The resolution was not recommended by the Charter Revision Commission nor the Charter Revision Committee. Mr. Wallace moved to adopt the proposed charter amendment, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Dread, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (30); "Noes" Forkum, Ryman, Greer (3); "Abstaining" Neighbors, Tucker, Adkins (3).

RESOLUTION NO. RS2004-574

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The resolution was not recommended by the Charter Revision Commission; the Charter Revision Committee disapproved the resolution. Mr. Wallace moved to adopt the proposed charter amendment, which motion was seconded and failed by the following vote: "Ayes" Tucker, Isabel, Hunt, Craddock, Burch, Loring, Wallace, Whitmore, Alexander, Wilhoite, Duvall, Tygard (12); "Noes" Dozier, Neighbors, Dread, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Greer, Walls, Evans, Summers, Shulman, Adkins, Foster, Hodge (17); "Abstaining" Hart, White, Hausser, Toler, Coleman (5).

RESOLUTION NO. RS2005-679

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The resolution was not recommended by the Charter Revision Commission; the Charter Revision Committee disapproved the resolution. Mr. Wallace moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-820

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The resolution was not recommended by the Charter Revision Commission; the Charter Revision Committee disapproved the resolution. Mr. Wallace moved to adopt the proposed charter amendment, which motion was seconded and failed by the following vote: "Ayes" Dozier, Neighbors, Tucker, Hunt, Craddock, Wallace, Whitmore, Crafton, Summers, Alexander, Wilhoite, Coleman (12); "Noes" Murray, Cole, Hart, Forkum, Ryman, Gotto, Burch, Loring, Greer, Walls, Evans, Shulman, Adkins, Foster, Duvall, Tygard (16); "Abstaining" Gilmore (1).

RESOLUTION NO. RS2005-875

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 resolution was not recommended by the Charter Revision Commission; the Charter Revision Committee approved the resolution. Mr. Dozier moved to adopt the proposed charter amendment, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" Cole (1); "Abstaining" Neighbors, Ryman (2).

RESOLUTION NO. RS2005-1049

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 resolution was not recommended by the Charter Revision Commission; the Charter Revision Committee recommended withdrawal. Mr. Wallace moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1179

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 resolution was approved by the Charter Revision Committee. Mr. Summers moved to adopt the proposed charter amendment, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Coleman, Duvall, Tygard (32); "Noes" (0); "Abstaining" Greer (1).

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 resolution was approved by the Charter Revision Commission and the Charter Revision Committee. Mr. Foster moved to adopt the proposed charter amendment, which motion was seconded and failed by the following vote: "Ayes" Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Gotto, Burch, Greer, Hausser, Crafton, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Tygard (21); "Noes" Tucker, Hart, Ryman, Brown, White, Loring, Wallace, Walls, Whitmore, Evans, Summers, Duvall (12); "Abstaining" Dozier, Neighbors, Adkins, Alexander (4).

RESOLUTION NO. RS2006-1303

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 resolution was approved by the Charter Revision Commission and disapproved by the Charter Revision Committee. Mr. Foster moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1304

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 resolution was approved by the Charter Revision Commission and disapproved by the Charter Revision Committee. Mr. Foster moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1400

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 resolution was not recommended by the Charter Revision Commission; the resolution was approved by the Charter Revision Committee. Mr. Summers moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1401

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 resolution was not recommended by the Charter Revision Commission; the resolution was approved by the Charter Revision Committee. Mr. Summers moved to adopt Amendment No. 1, which motion was seconded and failed by the following vote: "Ayes" Gilmore, Craddock, Murray, Gotto, Hausser, Wallace, Crafton, Evans, Summers, Foster, Duvall, Tygard (12); "Noes" Dozier, Neighbors, Tucker, Dread, Isabel, Cole, Hart, Forkum, Ryman, Burch, White, Loring, Walls, Whitmore, Adkins, Alexander, Wilhoite, Hodge, Toler, Coleman (20); "Abstaining" Brown, Shulman (2). Mr. Summers moved to adopt Amendment No. 2, which motion was seconded and failed by the following vote: "Ayes" Craddock, Gotto, Hausser, Wallace, Crafton, Summers, Foster, Toler, Duvall, Tygard (10); "Noes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Burch, White, Loring, Greer, Walls, Evans, Shulman, Adkins, Alexander, Wilhoite, Hodge, Coleman (25); "Abstaining" (0).

At this time consideration of Resolution No. No. RS2006-1487 resumed. Mr. Foster 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. RS2006-1487

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 (Amendment Nos. 3 and 5 to RS2006-1487; RS2004-539, RS2005-875 and RS2006-1179). Mr. Foster moved to adopt the resolution (5 proposed charter amendments), which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" Brown (1).

Pursuant to the action on Substitute Resolution No. RS2006-1487, the following resolutions were withdrawn: RS2004-539, RS2005-875, and RS2006-1179.

RESOLUTION NO. RS2006-1488

A resolution accepting a U.S. Federal Highway Administration (FHWA) funding grant to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Development and Housing Agency, for the Rolling Mill Hill Cumberland River Greenway Extension Project related to the revitalization of the Rolling Mill Hill site. The resolution was approved by the Federal Grants Review Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (36); "Noes" (0); "Abstaining" Adkins (1).

RESOLUTION NO. RS2006-1489

A resolution accepting a $5.4 Million ($5,400,000) High Priority Special Projects grant from the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) federal highway bill to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Development and Housing Agency, for the Rolling Mill Hill Road Connectors and Streetscape Improvements Project related to the revitalization of the Rolling Mill Hill site. The resolution was approved by the Federal Grants Review Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (36); "Noes" (0); "Abstaining" Adkins (1).

RESOLUTION NO. RS2006-1490

A resolution appropriating $274,000.00 in Community Development Block Grant funds for gateway signs, public street light improvements, vacant lot acquisition and site preparation, and new playground equipment for Fall-Hamilton Public School in the Martin Street Neighborhood Strategy Area. The Federal Grants Review Committee recommended deferment. Mr. Greer requested a suspension of the rules to allow the Council to act as a Committee of the Whole; Mr.. Wallace objected and the rules were not suspended. Mr. Greer moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1491

A resolution appropriating $60,000 in Community Development Block Grant Funds for streetscape improvements in the Maxwell Neighborhood Strategy Area. The Federal Grants Review Committee recommended deferment. Ms. Murray moved to suspend the rules to allow the Council to act as a Committee of the Whole, and no objection was made. Ms. Murray moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1492

A resolution accepting the East Nashville Community Plan: 2006 Update for the East Nashville Community and the detailed neighborhood design plans for Cleveland Park East and West, Greenwood, McFerrin Park, East Hill, Renraw, and South Inglewood (West) neighborhoods, adopted by the Metropolitan Planning Commission on February 9, 2006. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1493

A resolution approving the Benefit Board's waiver of repayment of pension benefit overpayments for pensioners and beneficiaries under Section 3.08.230 of the Metropolitan Code of Laws. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1494

A resolution accepting a grant from the State of Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County to improve juvenile court services. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1495

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for the Davidson County Drug Court Program. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1496

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for coordination of parenting plan, divorce education, and mediation services. The Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1497

A resolution accepting a grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County for the operation and maintenance of a household hazardous waste collection facility. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1498

A resolution accepting a grant from The State of Tennessee to The Metropolitan Government of Nashville and Davidson County for improvements to the ARTE Center. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1499

A resolution approving an amendment to a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County for programs to decrease fire fatality rates. The resolution was approved by the Budget and Finance Committee; the Public Safety-Beer and Regulated Beverages Committee approved the resolution with an amendment. Mr. Dozier offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dozier moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1500

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County for the provision of public assistance for Hurricane Katrina evacuation. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Dozier moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1501

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County to administer incumbent worker training programs for current employees of O'Neal Steel, Inc., (05-09-FY5-2MN-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1502

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County to administer incumbent worker training programs for current employees of O'Neal Steel, Inc., (07-09-PY6-11W-RSPNC). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1503

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for drug and alcohol abuse services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1504

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Health, to provide renal intervention services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committee. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1505

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Health, to provide primary care services to uninsured adults. 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. Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1506

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for tuberculosis outreach and control services. 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" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1507

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for breast and cervical cancer screenings. 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" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1508

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for Community Prevention Initiative services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1509

A resolution authorizing the Metropolitan Department of Law to accept $6,022.67 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's claim against Legnus Robinson for damage to its vehicle.
The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1510

A resolution authorizing Joslin and Son Signs to install, construct and maintain an illuminated sign at 311 Third Avenue South for Sole Mio Restaurant (Proposal No. 2006M-135U-09). The Public Works and Planning, Zoning and Historical Committees recommended deferment. Mr. Jameson moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1511

A resolution authorizing August Enterprises, Inc. to install, construct and maintain an aerial encroachment at 1017 Fatherland Street (Proposal No. 2006M-133U-05). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1512

A resolution authorizing R. C. Mathews Contractor, LLC to install, construct and maintain an aerial encroachment at 1001 Broadway (Proposal No. 2006M-137U-09). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2006-1513

A resolution authorizing Vanderbilt University to install, construct and maintain an aerial bridge encroachment over 21st Avenue South, north of Pierce Avenue (Proposal No. 2006M-136U-10). The resolution was approved by the Planning Commission Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

Mr. Loring requested a suspension of the rules for consideration of a late resolution. Objection was made by Mr. Wallace and the rules were not suspended.

Mr. Tygard requested a suspension of the rules for consideration of a late resolution and no objection was made.

RESOLUTION NO. RS2006-1529

A resolution appropriating the amount of $3,500 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 Committee. Mr. Tygard moved to adopt the resolution,
which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -


BILL NO. BL2006-1178

An ordinance amending Chapters 17.04, 17.08, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, by designating "Car Wash" as a use permitted with conditions (PC), and adding certain conditions pertaining to car washes, all of which is more specifically described herein (Proposal No. 2006Z-165T). 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. BL2006-1181

An ordinance approving the disposition of a certain parcel of property located at 3315 John Mallette Drive, known as the old Bordeaux Library, by the Director of Public Property (Proposal No. 2006M-079U-03). The bill was approved by the Planning Commission. Mr. Isabel moved to withdraw the bill since he as the district councilmember had not been contacted nor involved in the issue, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006- 1185

An ordinance amending Chapter 1.04 of the Metropolitan Code of Laws declaring English to be the official language of the Metropolitan Government, and to require that all government communications, publications and telephone answering systems be in English only. Mr. Crafton offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2006- 1185

An ordinance amending Chapter 1.04 of the Metropolitan Code of Laws declaring English to be the official language of the Metropolitan Government, and to require that all government communications, publications and telephone answering systems be in English with certain exceptions. Mr. Crafton moved to pass the bill on first reading and defer the bill to the second meeting in October, which motion was seconded and adopted by a voice vote of the Council, the bill was referred to the Rules-Confirmations-Public Elections Committee.

BILL NO. BL2006-1186

An ordinance amending Section 15.44.050 of the Metropolitan Code of Laws amending the provisions pertaining to estimates and billing adjustments for water diverted from the public sanitary sewer system effective July 1, 2007, all of which is more particularly described herein. 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. BL2006-1187

An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws regarding the storage of trailers and watercraft in the front yard of residential property. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2006-1188

An ordinance amending Ordinance No. BL2006-1096 by renumbering an incorrect section number. Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Relations-Housing Committee by a voice vote of the Council.

BILL NO. BL2006-1189

An ordinance accepting the donation of horses by the names of "Society's Red Bear" and "Armed SG's Boy Scout" for the use and benefit of the Metropolitan Police Department. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2006-1190

An ordinance authorizing the acceptance of a completed bridge over railroad tracks belonging to CSX Transportation, Inc. and the acceptance of all accompanying rights-of-way and other easements and improvements to facilitate its use (Proposal No. 2006M-093G-06). The bill was approved by Planning Commission. 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. BL2006-1191

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to participate with Spring Hollow Development, LLC, to provide public sewer service in Williamson County to a development known as Silver Stream Farm (Additional Offsite), Project No. 06-SL-2, and also authorizing the acceptance by the Metropolitan Government of an easement from Spring Hollow Development, LLC, for use in public projects of the Metropolitan Government. 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. BL2006-1192

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of Summerfield Boulevard to "Summercrest Boulevard" to assure continuity of the street name (Proposal No. 2006M-82U-13). The bill was approved by the Planning Commission and Emergency Communications District Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1193

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of 13th Avenue North between Jo Johnston Avenue and Alley No. 611, as "Pearl Street" (Proposal No. 2005M-176U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1194

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 Cane Ridge Road right-of-way across from Blairfield Drive (Proposal No. 2006M-081G-12). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1195

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 for an unnumbered alley off Whites Creek Pike (Proposal No. 2006M-078G-01). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1196

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 for an unnumbered alley between South 14th Street and South 15th Street (Proposal No. 2006M-077U-05). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1197

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to RS40 zoning properties located at 1006, 1008, 1012 and 1016 Battery Lane, approximately 230 feet west of Lealand Drive (5.71 acres), all of which is described herein (Proposal No. 2006Z-144U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1198

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 CS district property located at Una Antioch Pike (unnumbered), along the northeast corner of Una Antioch Pike and Goodwin Drive (0.23 acres), all of which is described herein (Proposal No. 2006Z-030U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1199

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a Planned Unit Development district located at Cotton Lane (unnumbered), along the north side of Northcrest Drive, at the southern terminus of Cotton Lane, to permit 21 townhomes, all of which is more particularly described herein (Proposal No. 69-82-U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1200

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 various properties located south of Sharondale Drive on 22nd Avenue South (10.41 acres), all of which is described herein (Proposal No. 2006Z-140U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1201

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 SCR zoning on a portion of property located at 5319 Mt. View Road, at the southeastern corner of Bell Road and Mt. View Road (0.67acres), all of which is described herein (Proposal No. 2006Z-101U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1202

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a Planned Unit Development district, located at 5319 Mt. View Road, at the southeast intersection of Bell Road and Mt. View Road, to permit the development of a fuel center with five pumps and a 266 square foot kiosk to be constructed within the existing parking lot, all of which is described herein (Proposal No. 79-81-G-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1203

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 and RS40 to RS20 zoning various properties located east of Hilldale Drive on Sugartree Road, Sugartree Place and Kenway Road (31.25 acres), all of which is described herein (Proposal No. 2006Z-143U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1204

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to MUN zoning property located at 1409, 1411 and 1413 4th Avenue North and 4th Avenue North (unnumbered), located at the southwest corner of 4th Avenue North and Van Buren Street (.79 acres), all of which is described herein (Proposal No. 2006Z-132U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1205

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 MUL and R6 to SP zoning property bounded by Metrocenter Boulevard, Dominican Drive and Clay Street (4.96 acres), to permit a new automobile sales and service complex with two buildings totaling 32,225 square feet, all of which is described herein all of which is described herein (Proposal No. 2006SP-108U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1206

An ordinance amending Section 17.16.160 of Title 17 of the Metropolitan Code, Zoning Regulations, by replacing the special exception standards for Historic Homes Events with new standards, all of which is more specifically described herein (Proposal No. 2006Z-170T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2004-224

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that all modifications to planned unit developments more than four years old be submitted to the Council for approval and to require that all planned unit developments in existence for more than eight years in which a permit has not been issued be submitted to the Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T). The bill was approved by the Planning Commission. Mr. Summers moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1065

An ordinance amending Section 13.32.120 of the Metropolitan Code of Laws to prohibit chain link fences along arterial and collector streets. The Public Works Committee recommended deferment. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to defer the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2006-1107 and BL2006-1108 were considered together.

BILL NO. BL2006-1107

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 to MUL zoning property located at 2002 Richard Jones Road, approximately 575 feet east of Hillsboro Pike (3.93 acres), all of which is described herein (Proposal No. 2006Z-090U-10). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferment.

BILL NO. BL2006-1108

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a Planned Unit Development located at 2002 Richard Jones, all of which is more particularly described herein (Proposal No. 138-82-U-10). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferment.

Mr. Shulman moved to defer the bills indefinitely while questions continue to be addressed, the bills being requested by David P. Crabtree and Water's Edge Limited Partnership, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2006-1110

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, R15 and R20 to SP district, properties along the south side of Kirtland Avenue, and both sides of Farrar Avenue, Hood Avenue, and Castleman Drive between Hillsboro Pike and Lone Oak Road (51.66 acres), to prohibit new duplexes and permit property owners with 45,000 square feet lots or parcels at the time of adoption of the SP to subdivide into up to three lots each, and apply basic development standards, all of which is described herein (Proposal No. 2005SP-119U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferment. Mr. Shulman moved to defer the bill indefinitely while discussions continue on the proposal, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1137

An ordinance amending Chapter 8.12 of the Metropolitan Code of Laws to limit outdoor pet tethering. Mr. Shulman moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1144

An ordinance authorizing TM Investments, LLC to install, construct and maintain a sign encroachment at 4900 Linbar Drive (Proposal No 2006M-074U-12). The bill was disapproved by the Planning Commission; the Public Works and Planning, Zoning and Historical Committees recommended deferment. Ms. Neighbors moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1147

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning, property located at 6419 Pettus Road, at the end of Autumn Crossing Way, to permit 61 single-family lots and 45 multi-family units (28.99 acres), all of which is described herein (Proposal No. 2006SP-112G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferment. Mr. Toler moved to defer the bill indefinitely at the request of owners William R. and James P. Carter, the bill being requested by Centex Homes, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1173

An ordinance amending Section 17.40.740 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow Members of Council to waive the zoning application fee for rezoning property from a mixed-use district to a residential district, all of which is more specifically described herein (Proposal No. 2006Z-149T). The Planning Commission voted to make no recommendation on the proposal; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Crafton moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1176

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2006-2007. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1179

An ordinance amending Section 3.04.010 of the Metropolitan Code of Laws to require all employees of the holders of elected offices authorized or created by the Metropolitan Charter making in excess of $100,000 per year to be residents of Davidson County. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1180

An ordinance amending section 3.08.110 of the Metropolitan Code of Laws, by authorizing the adoption of other self-insured medical plan design structures. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee; the bill was approved by the Budget and Finance Committee with an amendment. Ms. Neighbors offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Neighbors 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. BL2006-1182

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 4B, Project No. 05-SL-174A. 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. BL2006-1183

An ordinance abandoning a 8" sanitary sewer line and easement that will be replaced by a 8" sanitary sewer line, that is shown on Map 132-4, Parcel 011.00, Project 05-SL-0194, Nashville Readiness Center, 3041 Sidco Drive, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-023U-11). The bill was approved by the Planning Commission, 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. BL2006-1184

An ordinance abandoning a 12" sanitary sewer line and easement, that is shown on Map 104-14-0-H, Parcel 046.00, Project 06-SG-0034, 423 Prestwick Court, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-049U-10). The bill was approved by the Planning Commission, 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.

- BILLS ON THIRD READING -

Without objection Bill Nos. BL2006-1026 and BL2006-1027 were considered together.

BILL NO. BL2006-1026

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of a Planned Unit Development located at 5433 Mt. View Parkway, all of which is described herein (Proposal No. 37-79-U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2006-1027

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 5433 Mt. View Parkway (2.07 acres), to permit a 3,812 square foot bank (2.07 acres), all of which is described herein (Proposal No. 2006SP-041U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Coleman moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1036

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 to OR40 zoning properties at 2100 and 2104 Clifton Avenue, at the northwest corner of Clifton Avenue and 21st Avenue North (.63 acres), all of which is described herein (Proposal No. 2006Z-051U-08). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Whitmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Whitmore moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1115

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 RM4 zoning property located at 7874 McCrory Lane, approximately 1,850 feet south of Highway 70 (36.2 acres), all of which is described herein (Proposal No. 2006Z-067G-06). Mr. Tygard offered a substitute ordinance and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTIUTE BILL NO. BL2006-1115

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning property located at 7874 McCrory Lane, approximately 1,850 feet south of Highway 70 (36.2 acres), to establish design guidelines for development complying with all other provisions of the RM4 zoning district, all of which is described herein (Proposal No. 2006SP-067G-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, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1121

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to RS40 located on various properties on Lynnwood Boulevard, Harpeth Hills Drive, Wayland Drive, Beacon Drive, Wayland Court and Hemingway Drive between Harding Place and Tyne Boulevard (131.56 acres), all of which is described herein (Proposal No. 2006Z-078U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. In the absence of the sponsor, Ms. Hausser moved to pass the bill on third reading, which motion was seconded and adopted by the following roll call vote: "Ayes" Neighbors, Gilmore, Hunt, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Loring, Hausser, Walls, Whitmore, Evans, Adkins, Alexander, Wilhoite, Hodge, Toler, Coleman (22); "Noes" White (1); "Abstaining" Dread, Isabel, Greer, Wallace, Crafton, Foster, Duvall (7).

BILL NO. BL2006-1122

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 and R10 to AG district property located at Airpark Drive (unnumbered), McGinnis Drive (unnumbered) and Shadow Lane (unnumbered), at the Cornelia Fort Airport (105.32 acres), all of which is described herein (Proposal No. 2006Z-048U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1124

An ordinance amending Chapter 15.12 of the Metropolitan Code of Laws to require that all fees and/or charges for connection to the water or sewer system be approved by ordinance of the Metropolitan Council. The bill was approved by the Budget and Finance Committee and Public Works Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1126

An ordinance requiring that all brochures, pamphlets, and reports published by the Metropolitan Government for distribution outside of a particular department state the number of items printed and the cost per unit of publishing the material. The bill was approved by the Budget and Finance Committee. Ms. Wilhoite moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1129

An ordinance authorizing the Metropolitan Government to participate with Cates-Kottas Development to provide public sewer service in Williamson County to Brookfield Subdivision, Section 19, Project No. 05-SL-66. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

Without objection Bill Nos. BL2006-1133 and BL2006-1134 were considered together.

BILL NO. BL2006-1133

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 and RS10 to ON zoning property located at 129 and 131 McGavock Pike, northeast corner of McGavock Pike and Park Drive (0.75 acres), all of which is described herein (Proposal No. 2006Z-089U-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

BILL NO. BL2006-1134

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 RS10 to ON zoning, property located at 207 and 209 McGavock Pike, approximately 325 feet south of Crossfield Drive (0.64 acres), all of which is described herein (Proposal No. 2006Z-088U-14). The bill was disapproved by the Planning Commission and approved by 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, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Wallace, Walls, Whitmore, Crafton, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (28); "Noes" Evans (1); "Abstaining" Greer, Hausser, Alexander (3).

BILL NO. BL2006-1136

An ordinance amending Chapter 4.40 of the Metropolitan Code by adding a new section providing regulations prohibiting any person contracting with Metropolitan Government under the provisions of the Procurement Code from the use of employees who are not legal residents of the United States. The bill was approved by the Budget and Finance Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1138

An ordinance amending Section 11.12.070 of the Metropolitan Code of Laws pertaining to limits on the operation of sound amplification equipment. The bill was approved by the Public Safety-Beer and Regulated Beverages and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Walls moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1140

An ordinance authorizing the Director of the Division of Public Property and the Director of Parks and Recreation, or his designee, to accept, execute and record an agreement accepting a grant of easement from the State of Tennessee for use in the Seven Mile Creek greenway system (Proposal No. 2006M-088U-12). The bill was approved by the Planning Commission, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1141

An ordinance abandoning an 8" and a 30" sewer line and easement and a 6" water line and easement that will be replaced by an 8" and 30" sewer and an 8" water line and easement that is shown on Map 92-8, Parcels 160-162, Project 05-SL-141 and 05-WL-156, John Henry Hale Homes, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-200U-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" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1142

An ordinance abandoning a 15' public utility drainage easement, that is shown on Map 106-11, Parcel 005.00, Project 06-SC-20, 305 Hill Avenue, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-030U-11). 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, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1143

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 3011 West End Avenue, Bedford Avenue, 1111 18th Avenue South, 2246 Una Antioch Pike, 5th Avenue North, 600 12th Avenue South, 521 Magazine Street, 300 11th Avenue South, 5100 Tennessee Avenue, 1220 8th Avenue South, 3021 and 4841 Lebanon Pike, Hillsboro Pike, 4025 and 4039 Hillsboro Pike, 3826 Bedford Avenue, and 664 Vernon Avenue. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Walls moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1146

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 to ORI zoning property located at 1226, 1302 and 1304 16th Avenue South, located at the corner of Horton Avenue and 16th Avenue South (0.74 acres), all of which is described herein (Proposal No. 2006Z-138U-10). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Wallace moved to defer the bill indefinitely, the bill being requested by Kelly Lewis, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1148

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning property located at Earhart Road (unnumbered), approximately 2,000 feet north of John Hager Road (6.88 acres), all of which is described herein (Proposal No. 2006Z-106G-14). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Gotto offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Gotto moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1149

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 OR20 zoning a portion of property located at 410 Donelson Pike, at the northwest corner of Donelson Pike and Lakeland Drive (1.5 acres), all of which is described herein (Proposal No. 2006Z-136U-14). The bill was approved by the Planning Commission and 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, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1151

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning on property located at 13545, 13555, and 13563 Old Hickory Boulevard, approximately 1,400 feet west of Cane Ridge Road (83.51 acres), to permit 292 residential units, all of which is described herein (Proposal No. 2006SP-122G-12). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1152

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 RS20 to R20 zoning on property located at 4304 Gray Oaks Drive, at the southeast corner of Gray Oaks Drive and Audubon Road (.5 acres), all of which is described herein (Proposal No. 2006Z-126U-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, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1154

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 CF to SP zoning on property located at 112 and 108 17th Avenue North, 1600, 1612, 1616 and 1618 West End Avenue, and 121 and 125 16th Avenue North, located between 16th Avenue North, West End Avenue, 17th Avenue North, and Hayes Street, to establish a maximum building height of 400 feet and build-to lines for a mixed-used building complying with all other provisions of the MUI zoning district (3.93 acres), all of which is described herein (Proposal No. 2006SP-114U-10). The bill was approved by the Planning Commission and the 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, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1158

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to RS20 zoning properties located at 501 Broadwell Drive, Trousdale Drive (unnumbered) and Hill Road (unnumbered), south of the intersection of Broadwell Drive and Trousdale Drive (4.42 acres), all of which is described herein (Proposal No. 2006Z-116U-12). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Adkins moved to defer the bill to the second meeting in October so that a community meeting could be held, the bill being requested by Michael Yates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1159

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a Planned Unit Development district located at 3806 Estes Road, south of Elder Place, to permit 8 single-family lots (2.5 acres), all of which is described herein (Proposal No. 99P-004U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. Hausser moved to defer the bill, the bill being requested by Barge Cauten & Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1161

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning property located at 1314 7th Avenue North, approximately 300 feet south of Taylor Street, to permit an existing single-family home and an accessory dwelling unit above an existing attached garage (0.14 acres), all of which is described herein (Proposal No. 2006SP-129U-09). Mr. Wallace offered a substitute ordinance and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE BILL NO. BL2006-1161

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning property located at 1314 7th Avenue North, approximately 300 feet south of Taylor Street, to permit an existing single-family home and an accessory dwelling unit above an existing detached garage, (0.14 acres), all of which is described here in (Proposal No. 2006SP-129U-09). The bill was approved by the Planning Commission and the 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, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

Without objection Bill Nos. BL2006-1165and BL2006-1166 were considered together.

BILL NO. BL2006-1165

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to MUL zoning property located at 101 Franklin Pike, 8000 and 8011 Brooks Chapel Road, 116 Wilson Pike Circle, 130 Frierson Street and Frierson Street (unnumbered), bounded by Old Hickory Boulevard, Franklin Pike, Wilson Pike, and Frierson Street (6.42 acres), all of which is described herein (Proposal No. 2006Z-111U-10). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee.

BILL NO. BL2006-1166

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of an Urban Design Overlay zoning district to properties located at 799 Old Hickory Boulevard, 100 and 101 Franklin Pike, 8000 and 8011 Brooks Chapel Road, 116 Wilson Pike Circle, 130 Frierson Street and Frierson Street (unnumbered), south of Old Hickory Boulevard, and east of Interstate 65, to establish uniform design standards to support a pedestrian oriented town center (7.38 acres), all of which is described herein (Proposal No. 2006UD-001U-12). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee.

Mr. Toler moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (34); "Noes" (0).

BILL NO. BL2006-1171

An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, by modifying the definition of "family" to include a group of not more than eight unrelated persons being treated for drug and/or alcohol abuse or dependency, all of which is more specifically described herein (Proposal No. 2006Z-146T). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Tygard (30); "Noes" (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2006-1379

A resolution requesting the Nashville Fire Department to have an EMT present at all regular meetings of the Metropolitan Council. The Public Safety-Beer and Regulated Beverages Committee recommend withdrawal. Mr. Isabel moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1514

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to allow the Metropolitan Government to transfer operation of the Animal Control Division from the Health Department to the Davidson County Sheriff's Office. The Health, Hospitals and Social Services and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Hart moved to defer the resolution to the second meeting in October, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1515

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation requiring all big box retailers to pay their workers a prevailing wage. The Budget and Finance Committee recommended deferment. Mr. Isabel moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1516

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require public hearings prior to the licensing of group homes in residential neighborhoods. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2006-1517

A resolution requesting the Metropolitan Nashville Police Department to install a surveillance camera in the vicinity of Hancock Street, North First Street and North Second Street. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Murray requested a suspension of the rules for consideration of an amendment to the resolution and no objection was made. 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 adopt the resolution `as amended, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Tygard (30); "Noes" (0).

RESOLUTION NO. RS2006-1518

A resolution requesting the Metropolitan Board of Public Education to send magnet school selection/acceptance letters used to fill vacancies by certified mail. The resolution was approved by the Education Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Tygard (30); "Noes" (0).

RESOLUTION NO. RS2006-1519

A resolution encouraging all Metropolitan Government employees to participate in the 2006 Change a Light Campaign sponsored by the National Association of Counties. Ms. Wilhoite moved to withdraw the bill inasmuch as a revised resolution will be filed at a later time, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1520

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require metal recycling businesses and scrap metal dealers to maintain a record of transaction whenever copper materials are purchased from individuals, and to require proof of identification from the seller and the origin of the materials. The Public Works Committee recommended indefinite deferment. Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1521

A resolution requesting the Tennessee Attorney General and the Davidson County District Attorney to examine whether any criminal laws were violated by the Metropolitan Government or any of its officials relating to the payment of $1.9 million in state funds to Don Stoughton, and requesting the Governor and the Mayor to take any necessary disciplinary action against all Metropolitan Government or state employees responsible for the lack of authorization for the expenditure of the funds. The Budget and Finance Committee recommended indefinite deferment. Mr. Wallace moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1522

A resolution requesting all department heads of the Metropolitan Government to instruct their employees to respond in a timely manner to all constituent services requests initiated by the Metropolitan Council Office. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Hunt moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2006-1523

A resolution requesting the Metropolitan Development and Housing Agency to provide wireless Internet access to residents of public housing facilities. The resolution was approved by the Federal Grants Review Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2006-1524

A resolution requesting the Department of Human Resources and the Metropolitan Purchasing Agent to use the Metropolitan Police Department and/or the Tennessee Bureau of Investigation to conduct background checks on prospective Metropolitan Government employees instead of outsourcing this service to a private firm. The Personnel-Public Information-Human Relations-Housing Committee recommended deferment. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1525

A resolution requesting the Director of Finance, the Director of Public Property Administration, the Director of the Department of General Services, and the Traffic and Parking Commission to provide the Metropolitan Council with certain information regarding the parking spaces under the control of the Metropolitan Government, and requesting a study to determine the feasibility of requiring a parking fee to be paid in the Fulton Complex garage once it is completed.
The Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1526

A resolution requesting the Mayor, the Director of Finance, and the Purchasing Agent to develop and submit a plan to the Metropolitan Council providing incentives for contractors seeking business from the Metropolitan Government to use minority firms as subcontractors. 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" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2006-1527

A resolution requesting the Director of Finance and the Director of the Audit Division to audit all bonds sold during the past seven years to identify unspent bond funds and/or funds that may be unaccounted for, and to present the results of such audit to the Metropolitan Council. 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" Neighbors, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2006-1528

A resolution to designate and recognize October 22-28, 2006, as Celebrate Songwriters Week. The Rules-Confirmations-Public Elections Committee recommended deferment. In the absence of the sponsor, the resolution was deferred.


Upon motion duly seconded, the meeting was adjourned.