Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, February 5, 2008


The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilman Michael Craddock.

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: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (39); Absent: Durbin, Gilmore (2).

The Minutes of the regular meeting of January 15, 2008, were approved.

- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Reappointment of Ms. Linda Lively for a term expiring November 5, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Charles Scott for a term expiring November 5, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Community Corrections Advisory Board
Appointment of Mr. Stephen Young for a term expiring January 31, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS -

SUBSTITUTE RESOLUTION NO. RS2007-78

A resolution approving an Economic Impact Plan for the Bellevue Center Development Area. The Budget and Finance Committee recommended indefinite deferment. Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-129

A resolution approving an application for a grant for three fire prevention and awareness programs from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to defer the resolution to the first meeting in June to track with the budget and to re-refer the resolution to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-140

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

RESOLUTION NO. RS2008-141

A resolution authorizing the execution, terms, issuance, sale and payment of general obligation bonds in the aggregate principal amount of not to exceed $315,850,000 of The Metropolitan Government of Nashville and Davidson County (Tennessee). The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-142

A supplemental resolution defining the terms of, and authorizing the execution, issuance, sale and payment of, two series of water and sewer revenue refunding bonds in the aggregate principal amount of not to exceed One Hundred Seventy-Six Million Dollars ($176,000,000) of The Metropolitan Government of Nashville and Davidson County (Tennessee), and amending Substitute Resolution No. R85-762. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-143

A resolution authorizing the Metropolitan Development and Housing Agency to undertake predevelopment activities towards the construction of a new city-owned convention center. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0); “Abstaining” Todd (1).

RESOLUTION NO. RS2008-144

A resolution approving an extension of the reimbursement date of the outstanding intra-governmental loan from The Metropolitan Government of Nashville and Davidson County to the Hospital Authority of The Metropolitan Government of Nashville and Davidson County and increasing the loan amount by $11,500,000. Mr. Cole offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2008-144

A resolution approving an extension of the reimbursement date of the outstanding intra-governmental loan from The Metropolitan Government of Nashville and Davidson County to the Hospital Authority of The Metropolitan Government of Nashville and Davidson County and increasing the loan amount by $11,500,000. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-145

A resolution accepting a grant from the Cal Turner Family Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, to provide cosmetology and manicuring programs for male and female offenders. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-146

A resolution approving an intergovernmental agreement by and between the United States Bureau of Alcohol, Tobacco, Firearms and Explosives and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, for reimbursement of overtime salary costs. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-147

A resolution accepting a grant from the Memorial Evangelical Lutheran Church to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to provide funds to purchase furniture for the East Precinct community room. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-148

A resolution to appropriate grant funds from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers Market, to promote the grand opening of the renovated Farmers Market. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-149

A resolution approving a contract agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Pete Kitch for consultation and instructional services in support of the Common Ground Program to enhance the emergency preparedness of public health services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-150

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Health to provide community based programs designed to reduce nonsmokers’ exposure to second hand smoke and to implement youth based programs. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees with an amendment. Mr. Maynard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Maynard moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-151

A resolution to appropriate additional grant funds from the Tennessee Department of Human Services to the Metropolitan Action Commission for the Low Income Home Energy Assistance Program (LIHEAP) to provide financial assistance with heating and cooling costs. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-152

A resolution authorizing the Director of Public Property, or his designee, to exercise options to purchase real property (Map 182-00 Parcel 040.00 and Map 181-00 Parcel 022.00) for use in the Mill Creek greenway system and as park land (Proposal No. 2007M-250G-12A&B). The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees; the Parks, Library and Recreation Committee recommended deferment. Mr. Toler moved to defer the resolution and re-refer the resolution to the Budget and Finance Committee which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-153

A resolution authorizing the Metropolitan Department of Law to compromise and settle the wrongful death claim of Kenya Branch, as next of kin of Calvin Branch, against the Metropolitan Government for the amount of $55,000.00, and directing that this amount be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-116

An ordinance to amend certain provisions of Metropolitan Code of Laws § 6.06, After Hours Establishments, to clarify responsibilities of the Department of Codes Administration and create consistency within the Code. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2008-117

An ordinance amending Chapter 6.80 of the Metropolitan Code to require wrecker operators to keep the wrecker boom in its full, upright position except while in the process of towing of a vehicle. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2008-118

An ordinance amending Chapters 10.26 and 10.28 of the Metropolitan Code to prohibit the excessive accumulation of mulch on residentially-zoned property. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market and Health, Hospitals and Social Services Committees by a voice vote of the Council.

BILL NO. BL2008-119

An ordinance authorizing Dolphini Networks to install, construct, and maintain a telecommunications cable as an encroachment along Demonbreun Street and 6th Avenue South from Cummins Station to the Sommet Center within Davidson County (Proposal No. 2008M-009U-9). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-120

An ordinance approving a lease agreement between FirstCal Industrial 2 Acquisition, LLC and The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, for certain real property located at 621 Mainstream Drive, Nashville, Tennessee, 37228, commonly known as Corners II (Proposal 2008M-002). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-121

An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $42,711.00, plus reimbursement of training costs for Emergency Communications personnel. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Safety-Beer and Regulated Beverages and Public Works Committees by a voice vote of the Council.

BILL NO. BL2008-122

An ordinance abandoning an 8” water line and easement and accepting a replacement 8” water line and easement in connection with Project 07-WL-0091, that is shown on Map 091-13, Parcels 296 and 297, 5920 and 5934 Obrien Avenue, Haven West Townhomes Water Relocation and authorizing the execution of the documents to carry out said transactions (Proposal No. 2007M-189U-7). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-123

An ordinance abandoning a 36” sanitary sewer line and easement and accepting a replacement 42” sanitary sewer line and easement in connection with Project 05-SL-116, that is shown on Map 090, Parcels 05.00 and 05.01 and Map 090-04, Parcels 007 and 008, Project 05-SL-116, Reo Stone, 711 and 703 Basswood Avenue, 6614 Robertson Avenue, and Spencer Avenue and authorizing the execution of the documents to carry out said transactions (Proposal No. 2005M-213U-07). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-124

An ordinance abandoning the easement rights in a previous right-of-way that is shown on Map 105-06, Parcel 264.00, Project 07-SC-0210, former Trabue Street Abandonment, 700 Hamilton Avenue and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-232U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-125

An ordinance abandoning a 10” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line and easement in connection with Project 07-SL-132/07-WL-0089 that is shown on Map 093-05, Parcels 153, 154, and 157, YMCA Downtown, 213 and 211 McLemore Street, and 1000 Church Street and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-149U-9). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-126

An ordinance abandoning a public utility easement in Alley Number 1701, but excluded from this action is a 20’ Public Utility Drainage Easement located along the easterly line of Parcels 153 and 154 for Project 07-SL-0175, Wilson Boulevard, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-188U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-127

An ordinance abandoning a public utility drainage easement and Drainage Pipe and accepting a replacement public utility drainage easement and drainage pipe in connection with Project 07-DL-0058 that is shown on Map 058-11-A, Parcel 017.00CO, 4349 Shady Dale Road and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-084U-3). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-128

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 Alley No. 437 (Proposal Number 2007M-194U-10). The bill was disapproved by the Planning Commission and approved by the 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. BL2008-129

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming 8th Avenue North, between Charlotte Avenue and Church Street, as “Rosa L. Parks Boulevard” (Proposal No. 2008M-010U-9). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission; Emergency Communications District Board; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-130

An ordinance abandoning an 8” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line and easement in connection with Project 07-SL-0004, Belmont United Methodist Church Expansion, located at 1906 21st Avenue South, 1908 21st Avenue South, 1905 20th Avenue South, and 1901 20th Avenue South, as shown on Map 104-12, Parcels 77, 78, 124, & 126, and authorizing the execution of the documents to carry out said transactions (Proposal No. 2007M-095U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-131

An ordinance abandoning an 8” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line and easement in connection with Project 06-SL-0184, that is shown on Map 149, Parcel 156.04, Rural Hill Church of Christ, 558 Bell Road and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-032U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-132

An ordinance abandoning an 8” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line, a 6” water line and a 3” water line, and 10 fire hydrants installed in connection with Project 05-SL-0170 and 05-WL-0191, that is shown on Map 76-1, Parcels 82 and 83, 4826 and 0 Lebanon Pike, Heritage Hills and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-052G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-133

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to R6 zoning properties located at 4400, 4501, 4502, 4504, 4506, 4507, 4508, 4509, 4510, 4511 and 4516 Michigan Avenue, at the intersection of 46th Avenue North and Michigan Avenue (2.32 acres), all of which is described herein (Proposal No. 2008Z-018U-07). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-134

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development located at 2038 Greenwood Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.37 acres), to permit the existing restaurant of approximately 4,000 square feet, an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, all of which is described here in (Proposal No. 2008P-001U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-135

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 RM20 to CL zoning property located at 2110 Meharry Boulevard, approximately 255 feet west of 21st Avenue North (0.2 acres), all of which is described herein (Proposal No. 2008Z-019U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-136

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. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-137

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 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to permit the development of multi-family residential uses on up to 28 acres at density of 9 dwelling units for a maximum of 250 dwelling units and the development of commercial uses of 421,500 square feet on up to 37.1 acres of land at a floor area ratio of up to .40, all of which is described herein (Proposal No. 2008SP-002U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-138

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 RM6 to CL zoning a portion of property located at 7996 Highway 100 in the Harpeth Village Planned Unit Development, at the northeast corner of Highway 100 and Temple Road (.32 acres), all of which is described herein (Proposal No. 2008Z-015G-06). The bill was approved by the Planning Commission. Mr. Mitchell moved to pass the bill on first reading and refer the bill to the Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-139

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to OG property located at 405 31st Avenue North, approximately 250 feet north of Charlotte Pike (0.1 acres), all of which is described herein (Proposal No. 2007Z-181U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-140

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 properties located at 12872 and 12900 Old Hickory Boulevard, approximately 2,615 feet north of Firestone Parkway (69.07 acres), to permit warehouse uses, all of which is described herein (Proposal No. 2007SP-180U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-141

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 properties located at 4507, 4509, and 4511 Alabama Avenue and 4506 and 4508 Charlotte Avenue, at the northeast corner of 46th Avenue North and Charlotte Avenue (1.35 acres), (Proposal No. 2008SP-005U-07). Mr. Holleman moved to pass the bill and first reading and refer the bill to the Planning Commission and Planning, Zoning and Historical Committee, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Matthews, Harrison, Hunt, Murray, Jameson, Cole, Jernigan, Stanley, Claiborne, Page, Moore, Evans, Holleman, McGuire, Adkins, Wilhoite, Coleman, Todd, Mitchell (22); “Noes” Garrett, Tygard, Craddock, Bennett, Forkum, Ryman, Gotto, Burch, Baker, Langster, Crafton, Dominy, Hodge, Toler, Duvall (15); “Abstaining” Foster (1).

BILL NO. BL2008-142

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 portion of the Music Valley Planned Unit Development located at 2506 Music Valley Drive, approximately 2,500 feet north of McGavock Pike, zoned CA, (2.19 acres), to permit the development of a 3-story, 52,500 square foot hotel, replacing a 12,000 square foot restaurant, all of which is more particularly described herein (Proposal No. 5-73-G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-143

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 1603 and 1609 Glen Echo Road, at the southwest corner of Glen Echo Road and Belmont Boulevard, to permit the development of 8 townhome units, all of which is described herein (Proposal No. 2008SP-001U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-144

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 SP zoning property located at 90 Thompson Lane, approximately 245 feet west of Hartford Drive (0.37 acres), to permit a medical office building, all of which is described herein (Proposal No. 2007SP-176U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-145

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 previously approved Fern Avenue Lofts Specific Plan for properties located at 1206 Brick Church Pike and 40 Evergreen Avenue, at the southwest corner of Brick Church Pike and Fern Avenue (1.26 acres), by adding and changing .19 acres of land located at 1204 Brick Church Pike zoned CS to SP to allow 64 multi-family dwelling units on three properties, where 45 were previously approved on two properties, all of which is more particularly described herein, (Proposal No. 2006SP-159U-03). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-146

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning property located at 3714 Benham Avenue, approximately 290 feet north of Glen Echo Road (0.85 acres), to permit the development of 6 single-family dwelling units, all of which is described herein (Proposal No. 2006SP-177U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-147

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 and AR2a to MUL (2.76 acres) and RM15 (5.06 acres) zoning property located at 6365 Nolensville Pike, at the northwest corner of Holt Road and Nolensville Pike (7.82 acres), all of which is described herein (Proposal No. 2007Z-175G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-148

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development property located at 6365 Nolensville Pike, at the northwest corner of Nolensville Pike and Holt Road (7.82 acres), zoned CL and AR2a and proposed for MUL and RM15, to permit 72 multi-family units, 17,926 square feet of general office space, and 16,022 square feet of retail space, all of which is described here in (Proposal No. 2007P-004G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-149

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 district property located at 3501 Byron Avenue and abutting Ransom Avenue and Richardson Avenue and within the Elmington Place Neighborhood Conservation Overlay and I-440 Impact Overlay, to permit the conversion of the former Ransom Elementary School building and site into a residential development not to exceed 18 dwelling units in total (1.99 acres), all of which is described here in (Proposal No. 2008SP-007U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-150

An ordinance amending Sections 17.08.030 and 17.16.070.P of Title 17 of the Metropolitan Code, Zoning Regulations, to allow vehicular rental/leasing as a use permitted with conditions in the SCR district, all of which is more specifically described herein (Proposal No. 2008Z-004T). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-151

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of “family” to include a group of not more than eight unrelated elderly persons living together as a single housekeeping unit, all of which is more particularly described herein (Proposal No. 2008Z-011T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-152

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to allow digital and LED signs in certain areas, all of which is more particularly described herein (Proposal No. 2008Z-023T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-153

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to amend Section 17.24.100.B (Replacement of Trees) as to calculation of tree density, all of which is more particularly described herein (Proposal No. 2008Z-025T). 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 defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2007-40

An ordinance amending Section 16.24.340 of the Metropolitan Code of Laws regarding the boarding of vacant property. The Codes, Fair and Farmers Market Committee approved the bill with amendments. Ms. Wilhoite requested a suspension of the rules for consideration of an undistributed amendment; objection was heard and the amendment was not considered. Ms. Wilhoite moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-103

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 Alley No. 1893 (Proposal No. 2007M-242U-11). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Ms. Page moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-104

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 Alley No. 236 (Proposal Number 2007M-179U-10). The bill was disapproved by the Planning Commission and approved by the Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Burch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-112

An ordinance approving the disposition of certain parcels of surplus property by the Director of Public Property listed as Davidson County Tax Map 086, Parcels 754 and 755 (Proposal No. 2007M-122G-14A-B). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-113

An ordinance accepting a donation to The Metropolitan Government of Nashville and Davidson County by Cornerstone Church for the use and benefit of the Metropolitan Nashville Police Department and the Nashville Fire Department. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2007-88

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 RS20 to CS district property located at 335 Boyd's Hilltop Drive, abutting the east margin of I-65 and north of Old Hickory Boulevard (1.06 acres), all of which is described herein (Proposal No. 2008Z-001G-04). Mr. Craddock offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2007-88

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to SP zoning property located at 335 Boyd's Hilltop Drive, abutting the east margin of I-65 and north of Old Hickory Boulevard (1.06 acres), for development and final site plan approval to permit a 3,000 square foot warehouse facility for the sole benefit of the church located on Property Parcel No. 044 as designated on Map 042-00, all of which is described herein (Proposal No. 2008Z-001G-04). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-101

An ordinance amending Title 3 of the Metropolitan Code pertaining to medical care benefits for retired or disabled employees. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-102

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Luna Court between Cherokee Hills Drive and Gasser Drive as “Luna Circle” (Proposal No. 2007M-211U-13). The bill was approved by the Planning Commission; Emergency Communications District Board; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Dominy moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-105

An ordinance authorizing Olive Branch Baptist Church to install, construct and maintain a sign encroachment, consisting of warning traffic beacons in the right-of-way, at 5988 Cane Ridge Road (Proposal No. 2007M-239G-12). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-106

An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 2E, Project No. 06-SL-70. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-107

An ordinance authorizing the Metropolitan Government to participate with Turnberry Homes to provide public sewer service in Davidson and Williamson County to Catalina Phase 1, Project No. 07-SL-6. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-108

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 1525 Natchez Trace, 200 West Maplewood Lane, 1700 18th Avenue South, 7689 Highway 70 South, Sidco Drive, 4044 Andrew Jackson Way, 1900 Eastland Avenue, 1136 Myatt Boulevard, 714 Stewarts Ferry Pike, 322 Hermitage Avenue, 2050 and 2054 Rosa L Parks Boulevard, Temple Road, Hurricane Creek Boulevard, 1501 Chadwell Drive, 1413, 1415, 1411 4th Avenue North, 4th Avenue North, and 501 Church Street. The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2008-111

An ordinance amending Title 3 of the Metropolitan Code pertaining to health insurance benefits for members of the Metropolitan Council, all of which is more particularly described herein. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Stanley, Claiborne, Moore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Toler, Coleman, Todd, Mitchell (26); “Noes” Jernigan (1); “Abstaining” Barry, Steine, Matthews, Jameson, Gotto, Burch, Page, Evans, Wilhoite, Hodge, Duvall (11).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2008-154

A resolution expressing support for the Metropolitan Board of Public Education in planning for a new elementary school and middle school in the Antioch area. The resolution was approved by the Education Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-155

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to consider the introduction and support of legislation that would dissolve the existing elected Metropolitan Board of Public Education. The Education Committee recommended deferment. Mr. McGuire moved to defer the resolution to the second meeting in September, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-156

A resolution requesting the Vice Mayor to appoint a Green Permit Task Force to make recommendations to the Council regarding the appropriate sustainable building protocol for the Department of Codes Administration to use in recognizing facilities in Nashville as being “Green.” The resolution was approved by the Codes, Fair and Farmers Market Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.