Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, October 3, 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 Councilmember Vivian Wilhoite.

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

The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard and President Gentry (36); Absent: Murray, Hart, Brown, Crafton (4).

The Minutes of the regular meeting of September 19, 2006, were approved.

- ELECTIONS AND CONFIRMATIONS -

Historical Commission
Reappointment of Ms. Amelia Edwards for a term expiring August 10, 2010. The death of Ms. Edwards on October 1, 2006 was announced, and the nomination was withdrawn.

Sexually Oriented Business Licensing Board
Appointment of Mr. James H. Todd for a term expiring October 7, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Neighbors moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Health and Educational Facilities Board
The President announced that two vacancies currently exist on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County and that nominations will be taken at the next regular meeting of the Council with an election held to fill the vacancies on November 9, 2006, pursuant to Rule 42 of the Rules of Procedure of the Metropolitan Council.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The following proposed amendments to the Rules of Procedure of the Metropolitan Council were announced and referred to the Rules-Confirmation-Public Elections Committee:

Rule No. 8.
Amending by adding the following new paragraph:

The Metropolitan Clerk shall not permit any Member of Council to sign a resolution or ordinance that
has been previously filed without the written consent of the primary sponsor.

Rule No. 37

Amending by adding the following provision at the end thereof:

Further, a roll call vote is required on any motion for the previous question on the operating budget for the
ensuing fiscal year or on legislation comprising the Mayor's capital spending plan.

- RESOLUTIONS -

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 resolution was approved by the Federal Grants Review Committee. Mr. Greer moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "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 resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "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 and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "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 resolution was disapproved by the Planning Commission and approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1530

A resolution appropriating $140,000 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to Senior Citizens, Inc. to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1531

A resolution appropriating $5,000 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to King's Daughters Day Home to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1532

A resolution approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the United States Department of Justice by which the Metropolitan Nashville Police Department shall provide police assistance to the Middle Tennessee Drug Enforcement Task Force. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

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

RESOLUTION NO. RS2006-1537

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Vanderbilt University Medical Center for the training of Vanderbilt medical residents through participation in the Metropolitan Government's Tuberculosis Elimination Program. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2006-1207

An ordinance amending Chapter 4.20 of the Metropolitan Code of Laws to require Metropolitan Government contractors for construction and building projects to obtain a business tax license from the Davidson County Clerk prior to commencing work on the project. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2006-1208

An ordinance amending Chapter 8.12 of the Metropolitan Code of Laws regarding the treatment of animals. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services Committee by a voice vote of the Council.

BILL NO. BL2006-1209

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 Observatory Drive to North Observatory Drive and another portion to South Observatory Drive (Proposal No. 2005M-125U-10). 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 Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1210

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Spring Court to Lischey Place (Proposal No. 2006M-094U-05). 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. BL2006-1211

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning portions of right-of-way for Meridian Street and Spring Court (Proposal No. 2006M-092U-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. BL2006-1212

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 and easement for a portion of Carothers Road east of Battle Road (Proposal No. 2006M-084G-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. BL2006-1213

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 adjacent to Fairway Drive, south of Lebanon Pike (Proposal No. 2006M-090U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1214

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 located between Culvert Street and Alley #2086 (Proposal No. 2006M-083U-11). 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. BL2006-1215

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 district located at Murfreesboro Pike (unnumbered) and LaVergne Couchville Pike (unnumbered), along the east side of Murfreesboro Pike (11.24 acres), approved for a 108,600 square feet of retail, all of which is described herein (Proposal No. 72-86-P-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. BL2006-1216

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 district located at 4198 Murfreesboro Pike and Murfreesboro Pike (unnumbered), along the northeast corner of Murfreesboro Pike and LaVergne Couchville Pike, approved for 72,500 square feet of office, retail, and restaurant uses (8.91 acres), all of which is described herein (Proposal No. 68-86-P-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. BL2006-1217

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, CL, R10, RS10, CS, and IR to SP zoning various properties located on Murfreesboro Pike between Hickory Woods Drive and Hurricane Creek Boulevard (62.10 acres), all of which is described herein (Proposal No. 2006SP-166U-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. BL2006-1218

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD, CS and ORI to ORI (1.4 acres) and MUG (3.0 acres) zoning a portion of property located at 75 Lester Avenue, approximately 550 feet west of Elm Hill Pike (4.4 total acres), all of which is described herein (Proposal No. 2006Z-131U-11). 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. BL2006-1219

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD to CS zoning property located at 1518 4th Avenue South, north of the intersection of Nolensville Pike, Ensley Boulevard, and 4th Avenue South (1.67 acres), all of Which is described herein (Proposal No. 2006Z-167U-11). 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. BL2006-1220

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to CS zoning property located at 7340 Charlotte Pike, approximately 800 feet northeast of Old Hickory Boulevard (1.46 acres), all of which is described herein (Proposal No. 2006Z-151U-06). 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. BL2006-1221

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 on property located at 1723 8th Avenue North, approximately 225 feet south of Buchanan Street (0.19 acres), all of which is described herein (Proposal No. 2006Z-155U-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. BL2006-1222

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 RM60 zoning on property located at Jo Johnston Avenue (unnumbered) and 513 and 515 Spruce Street, approximately 250 feet south of 21st Avenue North (0.39 acres), all of which is described herein (Proposal No. 2006Z-153U-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. BL2006-1223

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OL to CL zoning property located at 144 McGavock Pike, at the west end of Park Drive (1.07 acres), all of which is described herein (Proposal No. 2006Z-156U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1224

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 CL zoning properties located at 148 and 152 McGavock Pike, approximately 150 feet south of Park Drive (2.14 acres), all of which is described herein (Proposal No. 2006Z-150U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1225

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 north of Sharondale Drive on Sharondale Court (5.51 acres), all of which is described herein (Proposal No. 2006Z-163U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1226

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 zoning (8.28 acres) and from R6 to RS7.5 zoning (17.61) various properties located north of Clifton Avenue on 39th Avenue North, Branch Street, 31st Avenue North, Alameda Street, 32nd Avenue North, Batavia Street, 34th Avenue North, Clifton Avenue, T.S. Jackson Avenue, and 38th Avenue North, all of which is described herein (Proposal No. 2006Z-169U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2006-1227

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 Route 2 Maxwell Road, Maxwell Road (unnumbered), and 4154 Murfreesboro Pike, located approximately 630 feet west of LaVergne-Couchville Pike (44.79 acres) to permit 110 single-family homes and 159 townhouses for a total of 269 dwelling units, all of which is described herein (Proposal No. 2006SP-072G-13). The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill indefinitely, the bill being requested by MEC, Inc., which motion was seconded and adopted by a voice vote of the Council.

Without objection, the rules were suspended to accept three (3) late ordinances.

BILL NO. BL2006-1228

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 SP zoning property located at 1206 Brick Church Pike and 40 Evergreen Avenue, located at the southwest corner of Brick Church Pike and Fern Avenue and the southeast corner of Fern Avenue and Evergreen Avenue, to permit the development of 45 units (1.07 acres), all of which is described herein (Proposal No. 2006SP-159U-03). 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. BL2006-1229

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 SP zoning on property located at 1517 4th Avenue South, at the corner of 4th Avenue South and Mallory Street (.44 acres), to permit "Automobile Sales Used", "Automobile Services", all of which is described here in (Proposal No. 2006SP-105U-07). 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. BL2006-1230

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). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2006-998

An ordinance amending Chapter 13.08 and Chapter 13.16 of the Metropolitan Code of Laws to prohibit any temporary or permanent encroachment into the public right-of-way without first obtaining a permit from the Metropolitan Government. The bill was approved by the Public Works Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1065

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 moved to defer the bill on second reading to the second meeting in November, 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 deferment. Mr. Toler moved to defer the bill indefinitely and re-refer it to the Planning Commission, the bill being requested by Centex Homes, which motion was seconded and adopted by a voice vote of the Council.

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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Dread, Gilmore, Craddock, Jameson, Forkum, Ryman, Gotto, Burch, White, Loring, Walls, Whitmore, Shulman, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (23); "Noes" Briley, Isabel, Hunt, Adkins (4); "Abstaining" Tucker, Greer, Hausser, Wallace, Evans, Summers (6).

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. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Isabel, Hunt, Craddock, Jameson, Forkum, Ryman, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Evans, Shulman, Adkins, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (29); "Noes" Greer, Foster (2); "Abstaining" Tucker, Gilmore, Summers (3).

BILL NO. BL2006-1188

An ordinance amending Ordinance No. BL2006-1096 by renumbering an incorrect section number. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Briley moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Dozier moved to pass the bill on second reading, which motion was seconded and adopted 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, Budget and Finance and Public Works Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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. The bill was approved by the Budget and Finance Committee; the Public Works Committee recommended deferment. Mr. Toler moved to defer the bill on second reading to the second meeting in November, which motion was seconded and adopted 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; Emergency Communications District Board; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted 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, Emergency Communications District Board, Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

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; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted 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; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted 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, Traffic and Parking Commission, Public Works, and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2005-629

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that all planned unit developments inactive for more than six years be submitted to the Metro 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; the Planning, Zoning and Historical Committee recommended deferment. Mr. Summers moved to defer the bill on third reading to the first meeting in December and re-refer the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council

BILL NO. BL2006-937

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of "two-family" structure to include two detached dwelling units, all of which is more particularly described herein (Proposal No. 2006Z-022T). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Briley moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council

BILL NO. BL2006-1112

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 on Burton Avenue, Observatory Court, and Observatory Drive, west of Belmont Boulevard (28.07 acres), all of which is described herein (Proposal No. 2006Z-055U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded. Mr. Dread offered Amendment No. 1 and moved for its adoption, which motion was seconded. Mr. White moved to table the motion to amend, which motion was seconded and adopted by a roll call vote of the Council. The matter recurred on the motion to pass the bill on third reading, which motion was adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Burch, White, Loring, Hausser, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (29); "Noes" Dread, Greer, Wallace (3); "Abstaining" Tucker, Gotto, Alexander (3).

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. BL2006-1138

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 suspend the rules to allow an amendment to the bill, and no objection was made. Mr. Walls offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Walls moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

BILL NO. BL2006-1145

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to RS20 zoning various properties located on Castleman Drive, Trimble Road, Trimble Court, Lindawood Drive, Colewood Drive, Estes Road, La Vista Drive, Whitney Place Court, and Wallace Lane, north of Harding Place and west of Hillsboro Pike (101.39 acres), all of which is described herein (Proposal No. 2006Z-139U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Williams moved to defer the bill indefinitely to allow all affected parties to give input on the proposal, 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 and Planning, Zoning and Historical Committee. Ms. Williams offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Williams moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

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. Briley moved to defer the bill to the second meeting in November, 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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

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 third reading, which motion was seconded. After discussion, Mr. Wallace called for the previous question, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson requested a Division of the House, which failed by a roll call vote of the Council. The matter recurred on the motion to pass the bill on third reading, which motion was adopted by the following vote: "Ayes" Gilmore, Isabel, Hunt, Craddock, Forkum, Ryman, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (27); "Noes" Dozier, Neighbors, Tucker, Briley, Dread, Jameson, Cole, Greer (8).

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 Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

President Pro Tempore Cole assumed the chair at this time.

- MEMORIALIZING RESOLUTIONS -

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 indefinitely, 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. RS2006-1528

A resolution to designate and recognize October 22-28, 2006, as Celebrate Songwriters Week. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1533

A resolution requesting the Mayor to develop and implement a new plan to address disparities in the use of minority contractors within the Metro procurement system. The resolution was approved by the Budget and Finance Committee. Mr. Isabel to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Gotto, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Duvall, Williams, Tygard (26); "Noes" (0); "Abstaining" Forkum, Ryman, Hodge (3).

RESOLUTION NO. RS2006-1534

A resolution requesting the Metropolitan Nashville Police Department to install surveillance cameras at the corner of 40th Avenue North and Clifton Avenue, and along 24th Avenue North between Santi Street and Buchanan Street. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Whitmore to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2006-1535

A resolution proclaiming October 15 through October 21, 2006, as Conflict Resolution Week, and October 19 as Mediation Day in Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2006-1536

A resolution proclaiming the week of October 15 through October 21, 2006, as National Character Counts! Week. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Dozier moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (29); "Noes" (0).

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

RESOLUTION NO. RS2006-1538

A resolution proclaiming September 30th through October 8, 2006 as Walk Nashville Week and October 4, 2006, as Walk to School Day. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Jameson to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Gotto, Loring, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (29); "Noes" (0).


Upon motion duly seconded, the meeting was adjourned.