Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, July 17, 2007


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 Feller Brown.

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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard and President Gentry (39); Absent: Hart (1).

The Minutes of the regular meeting July 3, 2007, and the adjourned meeting of July 10, 2007, were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The Rules-Confirmations-Public Elections Committee disapproved the following two proposed amendments to the Rules of Procedure of the Metropolitan Council:

Rule 29.

Amended by deleting the last sentence in its entirety and substituting in lieu thereof the following new sentence:

“During the course of any meeting, if a speaker refers to another Member of Council by name for the
sole purpose of soliciting a response for the councilmember whose name is called, then such member,
upon request, shall be recognized by the Chair immediately following the conclusion of the previous
speaker for the purpose of responding to the previous speaker.”

Mr. Wallace moved to withdraw the amendment, which motion was seconded and adopted by a voice vote of the Council.

Rule 32 .

Amended by adding the following new paragraph:

A motion for the previous question cannot be made until at least one other Member of Council, other
than the primary sponsor, has spoken on the measure.”

Mr. Wallace moved to withdraw the amendment, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Historic Zoning Commission
Reappointment of Ms. Judy Turner for a term expiring June 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Neighbors moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Hospital Authority
Reappointment of Dr. Fred Allison for a term expiring July 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Neighbors moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Human Relations Commission
Reappointment of Rev. Kenneth Swanson for a term expiring April 18, 2010. Without objection, the nomination was deferred.

Tourism and Convention Commission
Reappointment of Ms. Amy Atkinson for a term expiring June 30, 2010. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Neighbors moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS–

RESOLUTION NO. RS2007-2009

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount not to exceed Two Hundred Seventeen Million Two Hundred Sixty-Two Thousand Forty-Three ($217,262,043) Dollars to be financed by the ad valorem levy on property in the General Services District and in an aggregate principal amount of Twenty-Three Million Three Hundred Fifty-Seven Thousand Eight Hundred Twenty-Five ($23,357,825) Dollars to be financed by the ad valorem levy on property in the Urban Services District. The Budget and Finance Committee recommended indefinite deferment. Mr. Ryman offered Amendment No.1 and moved for its adoption, which motion was seconded, and adopted by a voice vote of the Council. Mr. Ryman moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2079

A resolution removing Mr. Don Driscoll as a member of the Industrial Development Board. Mr. Wallace moved to withdraw the resolution since a letter of resignation has been received from Mr. Driscoll, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-2080

A resolution adopting Senate Bill No. 2 of the 105th Tennessee General Assembly as enacted by the General Assembly of the State of Tennessee, providing for the uniform administration of the Property Tax Freeze Act. Mr. Ryman offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2007-2080

A resolution adopting Senate Bill No. 2 of the 105th Tennessee General Assembly as enacted by the General Assembly of the State of Tennessee, providing for the uniform administration of the Property Tax Freeze Act. The substitute resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2081

A resolution supplementing and amending Resolution No. RS2007-2066 of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government’s Water and Sewer Revenue Refunding Bonds, Series 2007.

The Clerk reported that the following bids were received on this date for sale of the bonds:

BIDDER NAME

      TRUE INTEREST COST

Merrill Lynch & Co.

4.039570%

Citigroup Global Markets Inc.

4.040114%

Morgan Stanley & Co. Inc.

4.042377%

UBS Securities LLC

4.043670%

Morgan Keegan & Company, Inc.

4.047936%

Prager, Sealy & Co., LLC

4.053312%

Wachovia Bank, National Association

4.078486%

Sovereign Securities Corp.

4.095198%

Raymond James & Associates, Inc.

4.099562%

A report on the bids recommended acceptance of the bid of Merrill Lynch and Company at 4.039570%.

Mr. Ryman offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2007-2081

A resolution supplementing and amending Resolution No. RS2007-2066 of The Metropolitan Government of Nashville and Davidson County and awarding the sale of the Metropolitan Government’s Water and Sewer Revenue Refunding Bonds, Series 2007. The substitute resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2082

A resolution appropriating $6,054,600 from the Unencumbered Fund Balance of the Schools Fund of the General Services District to the MNPS General Purpose Fund to provide additional operational funding for the Metropolitan Board of Public Education for fiscal year 2007-2008. The resolution was approved by the Budget and Finance and Education 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2083

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. 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2084

A resolution designating the Gaylord Opryland property as a tourist development zone and a secondary tourist development zone for the purpose of financing an expansion of the Opryland convention center facility. The resolution was approved by the Budget and Finance and Convention and Tourism Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Briley, Dread, Gilmore, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (36); “Noes” Tucker (1).

RESOLUTION NO. RS2007-2085

A resolution setting a public hearing for the creation of the Skyline Redevelopment Plan. The resolution was approved by the Federal Grants Review Committee. Ms. Murray 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2086

A resolution accepting an amendment to a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County to assist with the recruitment and training of employees of Gateway Pro Partners, LLC (06-09-FY6-2FT-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees with an amendment. Mr. Ryman offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2087

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults for re-entry into the labor force and training for those facing serious barriers to employment (07-09-FY7-31W-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2088

A resolution approving a grant agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health and the U.S. Department of Housing and Urban Development for the implementation of a Homeless Management Information System. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2089

A resolution approving an amendment to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Board of Health, for air pollution control. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2090

A resolution approving an amendment to a grant from the U.S. Department of Health and Human Services to the Metropolitan Department of Health to enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV disease. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); “Noes” (0);”Abstaining” Williams (1).

RESOLUTION NO. RS2007-2091

A resolution approving an amendment to a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Health, for the provision of health services to the homeless. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Ryman offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (37); “Noes” (0);”Abstaining” Williams (1).

RESOLUTION NO. RS2007-2092

A resolution accepting a grant from the State of Tennessee Department of Human Services to The Metropolitan Government of Nashville and Davidson County, by and through the Davidson County Juvenile Court, to establish and enforce child support program guidelines for children born out of wedlock. 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2093

A resolution approving an application for a Juvenile Accountability Block Grant from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Pepper 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2094

A resolution accepting an amendment to a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County by and through the State Trial Courts for treatment for persons addicted to methamphetamine. The resolution was approved by the Budget and Finance Committee with an amendment. Mr. Ryman offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2095

A resolution approving an application for the Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance; Education; Parks, Library, Recreation and Public Entertainment Facility; and Public Safety-Beer and Regulated Beverages Committees. Ms. Pepper 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2096

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for emergency management functions. 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2097

A resolution approving an agreement (2005-2006) with the City of Forest Hills to provide the planning, construction, and maintaining of the streets and roads within the boundaries of the City of Forest Hills, except those highways presently controlled by the State of Tennessee and/or the United States of America. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Williams 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2098

A resolution approving an agreement (2006-2007) with the City of Forest Hills to provide the planning, construction, and maintaining of the streets and roads within the boundaries of the City of Forest Hills, except those highways presently controlled by the State of Tennessee and/or the United States of America. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Williams 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2099

A resolution authorizing MR Hotels, LLC, d/b/a Hampton Inn & Suites to install, construct and maintain an aerial encroachment on public right-of-way at 310 - 4th Avenue South (Proposal No. 2007M-135U-9). 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, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2100

A resolution authorizing 2020 West End Associates, LLC to install, construct and maintain an aerial encroachment at intersection of West End Avenue and 21st Avenue North (Proposal No. 2007M-123U-10). 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, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

RESOLUTION NO. RS2007-2101

A resolution authorizing Equipment Finders, Inc. to install, construct and maintain an aerial encroachment at 501 Davidson Street (Proposal No. 2007M-131U-5). 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, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

Without objection, the rules were suspended for consideration of one (1) late resolution.

RESOLUTION NO. RS2007-2104

A resolution approving an Intergovernmental Agreement by and between the United States Marshals Service and the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, for joint participation in Project Safe Surrender. 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2007-1558

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County and the Nashville Downtown Partnership concerning operation of certain parking facilities. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Traffic and Parking Committees by a voice vote of the Council.

BILL NO. BL2007-1559

An ordinance approving amendments to agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities. 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. BL2007-1560

An ordinance approving an agreement and addendum by and between the Metropolitan Government of Nashville and Davidson County, the State of Tennessee, Department of Transportation, and the City of Belle Meade concerning repairs to a bridge on Hillwood Boulevard over Richland Creek and a railroad right of way. 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. BL2007-1561

An ordinance transferring the telecommunications franchise of Xspedius Management Company of Chattanooga, LLC d/b/a Xspedius Communications acquired by Ordinance No. BL2006-764 to Time Warner Telecom of the Mid-South LLC. 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. BL2007-1562

An ordinance authorizing the transfer of certain property lying between the Shelby Street Pedestrian Bridge and the Gateway Bridge located at Map 93-06, Parcel 41, Map 93-07, Parcels 35, 36, 37, 41, and 41.01, and Parcel ID 90000000370 by the Metropolitan Government of Nashville and Davidson County to the Metropolitan Development and Housing Agency for redevelopment as a public amphitheater or public facility with associated green space; with mixed residential and commercial areas in accordance with the goals and objectives of the Rutledge Hill Redevelopment Plan (Proposal No. 2007M-121U-9). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Public Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2007-1563

An ordinance authorizing the acquisition of certain properties at 16th Avenue North and Jo Johnston Street Map 92-08, Parcels, 26, 29, 30, 32 and 369 in fee simple by negotiation or condemnation. 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. BL2007-1564

An ordinance authorizing the acquisition of property by negotiation or condemnation for the Cedarmont Drive Bridge Replacement Improvements project for bridge replacement and channel widening (Proposal No. 2007M-098U-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2007-1565

An ordinance approving the disposition of a certain parcel of surplus property located at 4186 Dodson Chapel Road, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-128G-14). Mr. White moved to defer the bill indefinitely since he had received no information about the proposed property sale, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1566

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 South 4th Street right-of-way (Proposal No. 2007M-063U-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. BL2007-1567

An ordinance approving the Skyline Redevelopment Plan. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2005-637

An ordinance amending Section 12.40.040 of the Metropolitan Code by permitting parking within the Central Business Improvement District during certain evenings in some spaces where parking is now prohibited. The bill was disapproved by the Traffic and Parking Commission; 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. BL2005-651

An ordinance amending Section 12.08.150 of the Metropolitan Code by reducing the authority to tow vehicles illegally parked within the area of Metropolitan Government. The Public Safety-Beer and Regulated Beverages 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. BL2006-1250

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 Ridgefield Court (Proposal No. 2006M-089U-10). 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. Summers moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1389

An ordinance amending Chapter 10.32 of the Metropolitan Code of Laws relative to informing and protecting the public upon the spraying of airborne pesticides by the Metropolitan Department of Health to control mosquitoes and other pests. Ms. Gilmore offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE ORDINANCE NO. BL2007-1389

An ordinance amending Chapter 10.32 of the Metropolitan Code of Laws relative to informing and protecting the public upon the spraying of airborne pesticides by the Metropolitan Department of Health to control mosquitoes and other pests.
The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1451

An ordinance amending Chapter 5.04 of the Metropolitan Code to require that nonprofit organizations receiving funds from the Metropolitan Government make meetings of their boards of directors open to the public. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Summers moved to defer the bill on second reading, which motion was seconded. Mr. Isabel moved to withdraw the bill, which motion was seconded. Mr. Summers moved to table the motion to withdraw, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to defer, which motion was adopted by a voice vote of the Council.

BILL NO. BL2007-1453

An ordinance amending Section 7.08.090 of the Metropolitan Code providing for the exemption from the minimum distance requirements for the issuance of beer permits by resolution of the Metropolitan Council. Mr. Dread offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE ORDINANCE NO. BL2007-1453

An ordinance amending Section 7.08.090 of the Metropolitan Code providing for the exemption from the minimum distance requirements for the issuance of beer permits by resolution of the Metropolitan Council. Mr. Dread moved to defer the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1455

An ordinance amending Title 12 of the Metropolitan Code, Vehicles and Traffic, to make changes to the provisions currently set forth in the Code regarding transportation issues affecting Davidson County. The Transportation and Aviation Committee recommended deferment. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1459

An ordinance authorizing the transfer of certain property lying between the Shelby Street Pedestrian bridge and the Gateway Bridge located at Map 93-06, Parcel 41, Map 93-07, Parcels 35, 36, 37, 41, and 41.01, and Parcel ID 90000000370 by the Metropolitan Government of Nashville and Davidson County to the Metropolitan Development and Housing Agency for redevelopment as a public amphitheater and assembly facility with associated green space; with mixed residential and commercial areas in accordance with the goals and objectives of the Rutledge Hill Redevelopment Plan (Proposal No. 2007M-121U-9). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; disapproved by the Budget and Finance Committee; and the Parks, Library, Recreation and Public Entertainment Facility Committee recommended deferment. Mr. Jameson moved to withdraw the bill because of other legislation that has now been filed on the matter, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1468

An ordinance authorizing the acquisition of easements for use in public projects of the Metropolitan Government in Williamson County (Proposal No. 2006M-238). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Brown moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1485

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 various properties located along Sharondale Drive between Hillsboro Pike and Woodlawn Drive on Sharon Hill Circle and Sharondale Court (29.44 acres), to limit to 33% the number of duplex units permitted on each street, limit each duplex unit to 6,000 square feet, limit new single-family homes to 4,500 square feet, limit to 30 feet the maximum height of each residential unit, and limit the maximum lot coverage to 40%, all of which is described herein (Proposal No. 2007SP-065U-10). The bill was approved by the Planning Commission. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1487

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 properties located at 1207, 1209, 1211, 1213, and 1215 Battlefield Drive; 1206 and 1208 Clifton Lane, west of Granny White Pike (2.18 acres), all of which is described herein (Proposal No. 2007Z-094U-10). The bill was approved by the Planning Commission. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2007-1491 and BL2007-1492 were considered together.

BILL NO. BL2007-1491

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying an Urban Design Overlay district to various properties on Castleman Drive between Trimble Road and Stammer Place, (18.38 acres), to permit a maximum of 162 residential dwelling units, all of which is more particularly described herein, (Proposal No.2007UD-001U-10). The bill was approved by the Planning Commission.

BILL NO. BL2007-1492

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 R20 to RM20 zoning properties located at 2201, 2211, 2215 and 2217 Castleman Drive and to RM9 for property located at 2208 Castleman Drive, approximately 470 feet west of Hillsboro Pike (2.34 acres), all of which is described herein (Proposal No. 2007Z-072U-10). The bill was approved by the Planning Commission.

Ms. Williams moved to defer the bills on second reading, the bills being requested by Councilmember Williams and EDGE Planning, respectively, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1537

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 OL zoning property located at 138 McGavock Pike between Stinson Road and Park Drive, approximately 1,030 feet north of Lebanon Pike (1.07 acres), all of which is described herein (Proposal No. 2007Z-105U-14). The bill was disapproved by the Planning Commission. Mr. Loring moved to defer the bill indefinitely, the bill being requested by David E. Porter, Sr., while existing issues are addressed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1544

An ordinance approving a lease agreement between the Metropolitan Government and Belmont University concerning the development and shared use of Rose Park (Proposal No. 2007M-083U-10). The bill was approved by the Budget and Finance; Parks, Library, Recreation and Public Entertainment Facility; and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading and defer the bill to the second meeting in August, which motion was seconded. After discussion, motions for the previous question were offered by Messrs. Brown and Hunt and failed by roll call votes of the Council. After additional discussion, Mr. Ryman called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass and defer to the second meeting in August. Upon a roll call vote requested by Tucker, Murray, Gotto, Walls, Evans, etal., the motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Briley, Dread, Isabel, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Pepper, Wallace, Evans, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Duvall, Williams, Tygard (28); “Noes” Tucker, Gilmore, Murray, Walls, Whitmore, Summers (6); “Abstaining” Greer, Crafton, Coleman (3).

BILL NO. BL2007-1545

An ordinance amending Article 3 of the Metropolitan Code to require certain drivers of Metropolitan Government-owned vehicles to be CPR certified. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees 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. BL2007-1546

An ordinance amending Title 6 of the Metropolitan Code of Laws to add permitting provisions for after hours establishments. The bill was approved by the Budget and Finance; Codes, Fair and Farmers Market; and Public Safety-Beer and Regulated Beverages Committees. Mr. Dread moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1547

An ordinance amending Chapter 6.80 of the Metropolitan Code pertaining to the penalties for violations of the provisions governing wrecker and towing services, and to clarify the purpose and intent of the chapter, all of which is more particularly described herein. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Dread moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1548

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 unnumbered alley right-of-way from Alice Avenue southward to a dead end (Proposal No. 2005M-064U-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. Hodge moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1549

An ordinance amending Chapter 2.04 of the Metropolitan Code to establish a procedure for the delivery of legislation adopted by the Metropolitan Council to the Mayor for his consideration. The Rules-Confirmations-Public Elections 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. BL2007-1550

An ordinance amending Title 16 of the Metropolitan Code of Laws to add a new Chapter 16.33 entitled Rental Inspections and designating areas within Metropolitan Nashville and Davidson County as rental inspection districts (Proposal No. 2007M-078). The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Pepper moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1551

An ordinance declaring surplus and approving the disposition of certain parcels of real property (Proposal No. 2007M-168). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1552

An ordinance amending Title 4 of the Metropolitan Code to establish a commercial nondiscrimination program, all of which is more particularly described herein. Mr. Wallace offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2007-1552

An ordinance amending Title 4 of the Metropolitan Code to establish a commercial nondiscrimination program, all of which is more particularly described herein. The Budget and Finance Committee took no action on the bill. Mr. Wallace moved to defer the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1553

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning Alley No. 106 and Alley No. 113 (Proposal No. 2007M-078G-14). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1554

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 Coffee Street, Nassau Street and Alley No. 516 (Proposal No. 2007M-120U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council

BILL NO. BL2007-1555

An ordinance authorizing an additional one point of hotel occupancy tax on the Opryland Hotel and redirecting two points of the existing hotel occupancy tax with respect to the Opryland Hotel. The bill was approved by the Budget and Finance and Convention and Tourism Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1556

An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to the Opryland Convention Center and Hotel; and, requiring the Opryland Convention Center and Hotel to actively solicit construction bids from minority owned businesses. Mr. Loring offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2007-1556

An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to the Opryland Convention Center and Hotel; and, requiring the Opryland Convention Center and Hotel to actively solicit construction bids from minority owned businesses. The substitute bill was approved by the Budget and Finance and Convention and Tourism Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1557

An ordinance authorizing the collection of four tourist accommodation taxes by the Metropolitan Government to be distributed by formula for the direct promotion of tourism, tourist related activities (which may include funding for a convention center), the general fund of the Metropolitan Government and a reserve fund to be used exclusively for the purpose of modifying, constructing, financing and operating a convention center; providing requirements for the performance of work on the convention center; and requiring the Metropolitan Government to actively solicit bids from minority-owned businesses for construction of a new convention center. The bill was approved by the Budget and Finance and Convention and Tourism Committees with an amendment. Mr. Jameson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

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 bill was approved by the Public Works Committee. Mr. Wallace moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1266

An ordinance amending Ordinance No. BL2006-1093 by reinstating the waiver of fees for processing credit or debit card payments when collecting real property taxes paid by property owners 62 years of age or older. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall, Tygard (38); “Noes” (0).

SUBSTITUTE BILL NO. BL2007-1364

An ordinance amending Chapters 17.04, 17.08, 17.16, 17.36, and 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the regulation of the historic bed and breakfast homestay and historic home event uses, all of which is more specifically described herein (Proposal No. 2007Z-032T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Evans moved to defer the bill on third reading to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1413

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS15 zoning properties located at 4515 and 4525 Cato Road, approximately 1,580 feet west of Briley Parkway (33.1 acres), all of which is described herein (Proposal No. 2007Z-031G-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (35); “Noes” (0).

BILL NO. BL2007-1426

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 expanding the Urban Zoning Overlay District to various properties located on Riverside Drive, Rosebank Avenue, Greenwood Avenue, Essex Avenue, McGavock Pike, Creighton Avenue, Oakhurst Drive, McKennell Drive, Carter Avenue, Porter Road, Shinkle Avenue, Dorchester Avenue, Evelyn Avenue, Litton Avenue, Piedmont Avenue, and Hanover Road (108.99 acres), classified CN, CL, CS, OR20, MUL, R10 and RS10, all of which is described herein (Proposal No. 2007Z-060U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Cole offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Cole moved to 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (35); “Noes” (0).

BILL NO. BL2007-1430

An ordinance amending Chapters 17.16 and 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the general requirements for uses permitted by special exception (SE), the requirements for the Neighborhood Landmark (NL) district, and limitations on the granting of variances, all of which is more specifically described herein (Proposal No. 2007Z-067T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Evans moved to defer the bill on third reading to the second meeting in August, which motion was seconded and adopted by a voice vote of the Council

SUBSTITUTE BILL NO. BL2007-1432

An ordinance amending Chapter 5.04 of the Metropolitan Code pertaining to procedure for submitting grant applications that must be approved by the Metropolitan Council. The bill was approved by the Budget and Finance Committee. Mr. Gotto 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (35); “Noes” (0).

BILL NO. BL2007-1433

An ordinance amending Ordinance No. BL2005-878, as amended, by repealing the provisions that declared the former thermal site property owned by the Metropolitan Government to be surplus and authorized the transfer of the property to the Industrial Development Board, which would have allowed for the construction of a new minor league baseball stadium and mixed-use development. The bill was approved by the Budget and Finance; Parks, Library, Recreation and Public Entertainment Facility; and Planning, Zoning and Historical Committees. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (35); “Noes” (0).

BILL NO. BL2007-1435

An ordinance amending Chapter 15.48 of the Metropolitan Code pertaining to the adjustment or reimbursement of water and sewer charges. The bill was approved by Budget and Finance and Public Works Committees. Mr. Isabel 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (35); “Noes” (0).

BILL NO. BL2007-1440

An ordinance amending Title 15 of the Metropolitan Code pertaining to the storm water division of the Department of Water and Sewerage Services, all of which is more specifically described herein. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (35); “Noes” (0).

BILL NO. BL2007-1452

An ordinance amending Chapter 6.80 of the Metropolitan Code to prohibit the “booting” of vehicles within the area of the Metropolitan Government. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Dread moved to rescind action on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1456

An ordinance amending Section 13.32.120 of the Metropolitan Code of Laws to prohibit chain link fences along certain arterial and collector streets. The bill was approved by the Codes, Fair and Farmers Market and Public Works Committees. Mr. Wallace moved to withdraw the bill because of other similar pending legislation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL200-1458

An ordinance authorizing the acquisition of property by negotiation or condemnation by the Director of Public Property Administration, or his designee, for use in a public project for the Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of a new Fire Station in the Hobson Pike/Antioch area (Proposal No. 2007M-077U-13). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Coleman requested a suspension of the rules for an amendment on third reading and no objection was heard. Mr. Coleman offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (36); “Noes” (0).

BILL NO. BL2007-1465

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-LL and described below (Proposal No. 2007M-085). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (36); “Noes” (0).

BILL NO. BL2007-1482

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 SP zoning property located at Hicks Road (unnumbered), approximately 1,160 feet east of Sawyer Brown Road (36.25 acres), to permit the development of 106 attached units, all of which is described herein (Proposal No. 2007SP-081G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Crafton 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (36); “Noes” (0).

BILL NO. BL2007-1483

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 property located at 2005 Lombardy Avenue, approximately 410 feet east of Hillsboro Pike (0.35 acres), all of which is described herein (Proposal No. 2007Z-112U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Williams, Duvall (36); “Noes” (0).

BILL NO. BL2007-1486

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 along Battlefield Drive, Clifton Lane, Woodmont Boulevard, Granny White Pike, Noelton Avenue, Lealand Lane, Snowden Road, Sutton Hill Road, Craig Avenue, Marengo Lane, McNairy Lane, Park Terrace, Spring Brook Drive, Pleasant Valley Road, Woodhaven Road, and Crestridge Drive (142.42 acres), all of which is described herein (Proposal No. 2007Z-093U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill on third reading so that an amendment can be finalized, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1488

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 IR zoning properties located at 6101, 6103 and 6105 Centennial Boulevard, at the southwest corner of Centennial Boulevard and 61st Avenue North (0.72 acres), all of which is described herein (Proposal No. 2007Z-106U-07). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Walls moved to defer the bill on third reading so that an additional neighborhood meeting can be held, the bill being requested by Mike and Dana Ragan, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2007-1495 and BL2007-1496 were considered together.

BILL NO. BL2007-1495

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 SCN to RM15 zoning property located at Clarksville Pike (unnumbered), north of W. Hamilton Avenue and located within a Planned Unit Development (6.93 acres), all of which is described herein (Proposal No. 2007Z-097U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2007-1496

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan for a portion of the Planned Unit Development located on Clarksville Pike (unnumbered), north of W. Hamilton Avenue, classified SCN and proposed for RM15 (6.93 acres) to permit the development of 39 townhomes, 19 cottages, and 8 duplex units, all of which is more particularly described herein, (Proposal No. 68-87-P-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Ms. Gilmore moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (34); “Noes” (0); “Abstaining” Neighbors (1).

BILL NO. BL2007-1497

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 properties located at 2801 and 2803 Smith Springs Road and Starboard Drive (unnumbered), approximately 320 feet west of New Smith Springs Road (15.43 acres), to permit the development of 138 townhomes, all of which is described herein (Proposal No. 2007SP-080U-13). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. Wilhoite moved to defer the bill on third reading, the bill being requested by Anderson, Delk, Epps and Associates, which motion was seconded and adopted by a voice vote of the Council

BILL NO. BL2007-1500

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 6018 Mt. View Road, approximately 830 feet south of Hamilton Church Road (9.95 acres), to permit the development of 62 townhomes, all of which is described herein (Proposal No. 2007SP-079U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Duvall 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (35); “Noes” (0).

BILL NO. BL2007-1501

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the adopted Eastwood Neighborhood Conservation Overlay to include various properties along Douglas Avenue, Chapel Avenue, Matthews Place, Greenwood Avenue, Sumner Avenue, North 14th Street, North 16th Street, Setliff Place, McKennie Avenue, Sharpe Avenue, Straightway Avenue, Franklin Avenue, Gallatin Avenue, Benjamin Street, Benson Street and Eastland Avenue, (111.0 acres), all of which is more particularly described herein (Proposal No. 2007Z-123U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (35); “Noes” (0).

Without objection Bill Nos. BL2007-1502 and BL2007-1503 were considered together.

BILL NO. BL2007-1502

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 Residential Planned Unit Development on properties located at 5208, 5212 and 5216 Rockridge Court, Ballard Court (unnumbered), 5304 and 5309 Ballard Court, Highlander Drive (unnumbered), and 5196 Highlander Drive (3.83 acres), all of which is described herein, (Proposal No. 28-79-G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2007-1503

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to RS7.5 zoning a portion of properties located at 5208, 5212 and 5216 Rockridge Court, Ballard Court (unnumbered), 5304 and 5309 Ballard Court, Highlander Drive (unnumbered), and 5196 Highlander Drive (3.83 acres), all of which is described herein (Proposal No. 2007Z-017U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Dozier 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, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (35); “Noes” (0).

BILL NO. BL2007-1504

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 5940 Mt. Pisgah Road, approximately 800 east of Edmondson Pike (10.2 acres), to permit the development of 30 single-family lots, all of which is described herein (Proposal No. 2007SP-057G-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Toler moved to defer the bill on third reading while discussions with the neighborhood continue, the bill being requested by Anderson, Delk, Epps & Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1505

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 R10 to SP zoning to allow 3 single family lots on property located at 3017A and 3019A New Natchez Trace, approximately 290 feet north of Sterling Road (0.68 acres), all of which is described herein (Proposal No. 2007SP-063U-10). The bill was disapproved by the Planning Commission and approved by 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” Dozier, Neighbors, Tucker, Briley, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams (30); “Noes” White (1); “Abstaining” Greer (1).

BILL NO. BL2007-1506

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 RM9 a portion of property located at Sonya Drive (unnumbered), approximately 675 feet east of Old Hickory Boulevard (3.02 acres), all of which is described herein (Proposal No. 2007Z-082G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (34); “Noes” (0).

BILL NO. BL2007-1508

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to RM6 zoning property located at 5613 Valley View Road, approximately 375 feet south of Old Hickory Boulevard (1.1 acres), all of which is described herein (Proposal No. 2007Z-083U-12). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Toler moved to defer the bill on third reading the bill while certain development details are worked out, the bill being requested by W. Glenn Bradham, which motion was seconded and adopted by a voice vote of the Council

BILL NO. BL2007-1509

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 RS40 to SP zoning property located at 4000 Wayland Drive, at the northwest corner of Wayland Drive and Beacon Drive (1.25 acres), to permit the development of two detached single-family units, all of which is described herein (Proposal No. 2007SP-114U-10). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Ms. Williams offered Amendment No. 2 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, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (35); “Noes” (0).

BILL NO. BL2007-1510

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 OR20 to SP zoning property located at 205 South 10th Street, southeast corner of Russell Street and South 10th Street and within the Lockeland Springs-East End Neighborhood Conservation Overlay district, (.89 acres), to permit a total of 53,851 square feet containing 3 retail units and 39 residential units, all of which is described herein (Proposal No. 2007SP-084U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Isabel, Hunt, Craddock, Jameson, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (32); “Noes” (0).

BILL NO. BL2007-1511

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 SP zoning property located at Robinson Road (unnumbered), at the southeast corner of Robinson Road and Industrial Drive (15.99 acres), to permit the development of 71,750 square feet of office/retail space and 165 multi-family units, all of which is described herein (Proposal No. 2007SP-074G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Brown moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Isabel, Hunt, Craddock, Jameson, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (32); “Noes” (0).

BILL NO. BL2007-1512

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to SP zoning properties located at 900 Anderson Lane and 317 Myatt Drive, at the southeastern corner of Anderson Lane and Myatt Drive (1.87 acres), to permit the development of a convenience store with gas service, all of which is described here in (Proposal No. 2006SP-162G-04). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Isabel, Hunt, Craddock, Jameson, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (32); “Noes” (0).

BILL NO. BL2007-1514

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Crown SP to modify the number of required parking spaces from 1,189 spaces to that required by the CF zoning district, zoned SP and within the Rutledge Hill Redevelopment District (1.58 acres), all of which is more particularly described herein, (Proposal No. 2006SP-161U-09). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Isabel, Hunt, Craddock, Jameson, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (32); “Noes” (0).

Without objection Bill Nos. BL2007-1515 and BL2007-1516 were considered together.

BILL NO. BL2007-1515

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 the Planned Unit Development District Overlay on property located at 4022 Sells Drive, approximately 590 feet east of Old Hickory Boulevard, that was previously approved for 150,000 square feet of office uses (17.93 acres), zoned CL and proposed for OL, all of which is described herein (Proposal No. 210-73-G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2007-1516

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 CL to OL zoning property located at 4022 Sells Drive, approximately 590 feet east of Old Hickory Boulevard and located within a Planned Unit Development (17.93 acres), all of which is described herein (Proposal No. 2007Z-110G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Gotto moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Isabel, Hunt, Craddock, Cole, Jameson, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (34); “Noes” (0).

BILL NO. BL2007-1517

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 7425 Old Hickory Boulevard, west of Interstate 24 (2.4 acres), all of which is described herein (Proposal No. 2007Z-116G-03). The bills were approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Isabel, Hunt, Craddock, Jameson, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (32); “Noes” (0).

SUBSTITUTE BILL NO. BL2007-1518

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 previously approved SP district on property located at 110, 112, 114, 116, 118 and 120 Woodmont Boulevard, and 111, 113 and 115 Kenner Avenue, approximately 550 feet east of Harding Pike (2.58 acres), to add four properties (0.92 acres) to the original SP district and to amend the provisions of the original SP district to permit 34 multifamily units and 7 single-family lots, owners, all of which is more particularly described herein, (Proposal No. 2005SP-168U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Isabel, Hunt, Craddock, Jameson, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Williams (32); “Noes” (0).

BILL NO. BL2007-1519

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 RS15 zoning property located at 265 Holt Hills Road, terminus of Christiansted Lane, (10.02 acres), all of which is described herein (Proposal No. 2007Z-089G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams (35); “Noes” (0).

BILL NO. BL2007-1520

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 Whites Creek Pike (unnumbered), approximately 440 feet east of the intersection of Whites Creek Pike and Old Clarksville Pike (5.04 acres), all of which is described herein (Proposal No. 2006Z-192G-01). The bill was disapproved by the Planning Commission Mr. Hunt 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, Brown, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Williams, Tygard (34); “Noes" (0).

Without objection Bill Nos. BL2007-1521 and BL2007-1522 were considered together.

BILL NO. BL2007-1521

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 the Planned Unit Development District Overlay on property located at 4125 Lebanon Pike, approximately 250 feet south of Tyler Road, that was previously approved for 1,936 square feet of automobile convenience uses (0.81 acres), zoned SCR and proposed for CS, all of which is described herein (Proposal No. 128-78-G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2007-1522

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from SCR to CS zoning property located at 4125 Lebanon Pike, approximately 250 feet south of Tyler Road and located within a Planned Unit Development (0.81 acres), all of which is described herein (Proposal No. 2007Z-096G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Brown moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes" (0).

BILL NO. BL2007-1523

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 various zoning districts to SP zoning, various properties located along Main Street and Gallatin Pike (263.71 acres), to regulate land uses and establish sign and development standards, all of which is described herein (Proposal No. 2007SP-122U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Cole offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Cole moved to 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, Brown, Gotto, Burch, White, Loring, Page, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” Greer (1).

BILL NO. BL2007-1524

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 IG to MUG zoning property located at 916 4th Avenue North, approximately 555 feet north of Harrison Street and located within the Phillips-Jackson Street Redevelopment District (3.25 acres), all of which is described herein (Proposal No. 2007Z-069U-09). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to withdraw the bill at the request of petitioner LandDesign Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1525

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 5160 and 5166 Hickory Hollow Parkway, approximately 1,630 feet west of Hickory Hollow Place (3.81 acres), all of which is described herein (Proposal No. 2007SP-028U-13). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Coleman offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman 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, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2007-1527

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 the Planned Unit Development District Overlay on property located at Forest View Drive (unnumbered), approximately 400 feet east of Murfreesboro Pike, that was previously approved for 212 multi-family units (7.84 acres), all of which is described herein, (Proposal No. 23-85-P-13). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. Wilhoite moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1528

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 a property located at 1702 Charlotte Avenue and from R6 to SP a portion of properties located at 1701, 1702, 1703, and 1705 Pearl Street and Pearl Street (unnumbered), at the northeast corner of Charlotte Avenue and Fisk Street (2.04 acres), to permit a hotel/motel use with a maximum of 10 beds in one structure, a 1,500 square foot outpatient clinic, and a 49,000 square foot office use for a total of 54,500 square feet, all of which is described herein (Proposal No. 2007SP-099U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2007-1529

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Neighborhood Conservation Overlay District to various properties located along Acklen Park Drive, Murphy Road, Greenway Avenue, Hillsdale Avenue, and Park Circle, all of which is described herein (Proposal No. 2007Z-120U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers 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, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2007-1531

A request to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to allow the floor area of parking garage liner buildings fronting a public street or public space to be exempt from the calculation of floor area ratio (Proposal No. 2007Z-109T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson 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, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2007-1532

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS15 zoning property located at Pennington Bend Road (unnumbered) and 2931 Western Hills Drive, approximately 2,080 feet north of McGavock Pike (64.05 acres), all of which is described herein (Proposal No. 2007Z-076U-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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (37); “Noes” (0).

BILL NO. BL2007-1533

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 MUL zoning property located at 1905 County Hospital Road, approximately 215 feet south of John Mallette Drive (0.40 acres), all of which is described herein (Proposal No. 2007Z-121U-03). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Isabel requested a suspension of the rules to override the committee recommendation and allow action on the bill at this time. Mr. Walls objected to a suspension of the rules, and the bill was not considered. Pursuant to Rule 23 of the Rules of Procedure of the Metropolitan Council, the bill was deferred on third reading.

Without objection Bill Nos. BL2007-1534 and BL2007-1535 were considered together.

BILL NO. BL2007-1534

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by cancelling an unbuilt portion of a Planned Unit Development district located at 7978 Coley Davis Road, at Somerset Drive, zoned CL, (5.98 acres), approved for a 175 unit motel, all of which is described herein (Proposal No. 151-82-G-06). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

BILL NO. BL2007-1535

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 CL to SP zoning property located at 7960 Coley Davis Road, approximately 250 feet east of Somerset Farms Drive (5.78 acres), to permit 98 townhome units, all of which is described herein (Proposal No. 2007SP-103G-06). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Page, Pepper, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Hodge, Toler, Coleman, Duvall, Williams, Tygard (32); “Noes” (0).

BILL NO. BL2007-1536

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN to MUL zoning property located at 1505 9th Avenue North, southeast of Garfield Street (0.34 acres), all of which is described herein (Proposal No. 2007Z-142U-08). The bill was disapproved by the Planning Commission and approved by 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” Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Page, Pepper, Walls, Whitmore, Crafton, Shulman, Adkins, Hodge, Toler, Coleman, Duvall, Williams, Tygard (30); “Noes” (0); “Abstaining” Evans (1).

BILL NO. BL2007-1538

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CL zoning property located at 318 Donelson Pike, at the northwest corner of Donelson Pike and Emery Drive (0.67 acres), all of which is described herein (Proposal No. 2007Z-115U-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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Page, Pepper, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Hodge, Toler, Coleman, Duvall, Williams, Tygard (32); “Noes” (0).

BILL NO. BL2007-1539

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 OL and R10 to OL zoning on a portion of properties located at 408 and 410 Donelson Pike, at the northwest corner of Donelson Pike and Lakeland Drive (3.73 acres), all of which is described herein (Proposal No. 2007Z-052U-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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Page, Pepper, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Hodge, Toler, Coleman, Duvall, Williams, Tygard (32); “Noes” (0).

SUBSTITUTE BILL NO. BL2007-1541

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 properties located at 2514, 2518, and 2522 Elm Hill Pike, approximately 350 feet west of Emery Drive (12.33 acres), to permit development according to the applicable standards and land uses permitted in the ORI district, but excluding multi-family residential use, all of which is described herein (Proposal No. 2007Z-092U-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” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Page, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2007-2102

A resolution requesting Governor Phil Bredesen, the Davidson County Delegation to the Tennessee General Assembly, the entire Tennessee General Assembly, the Tennessee Department of Transportation and Mayor Bill Purcell to apply for federal funding to address the unsightly conditions within the right-of-way of the downtown interstate loop. The resolution was approved by the Public Works Committee. Mr. Wallace 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, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Page, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); “Noes” (0).

RESOLUTION NO. RS2007-2103

A resolution requesting Senators Lamar Alexander and Bob Corker, Congressman Jim Cooper, the Mayor, the Department of Public Works, the Board of Parks and Recreation, and the U.S. Army Corps of Engineers to take the action necessary to stabilize the west bank of the Cumberland River between CSX Railroad tracks and Jefferson Street. The resolution was approved by the Parks, Library, Recreation and Public Entertainment Facility and Public Works Committees. Mr. Wallace 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, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, Page, Pepper, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


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