Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, February 19, 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 Mike Jameson.

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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (38); Absent: Murray, Burch, Crafton (3).

The Minutes of the regular meeting of February 5, 2008, were approved.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Mr. Robert McNeilly for a term expiring February 2, 2011. At the request of the nominee, the confirmation was deferred to March 18, 2008.

Alarm Appeals Board
Appointment of Ms. Karen Brown Beard for a term expiring November 10, 2009. At the request of the administration, the confirmation was deferred to March 18, 2008.

Arts Commission
Appointment of Ms. Jean Ann Banker for a term expiring January 1, 2012. 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.

Appointment of Ms. Laurie Eskind for a term expiring January 1, 2009. 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.

Appointment of Mr. Victor Simmons for a term expiring January 1, 2012. 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.

Community Corrections Advisory Board
Appointment of Ms. Jude White for a term expiring November 10, 2009. 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.

Educational Access Corporation
Reappointment of Dr. Cavit Cheshier for a term expiring February 5, 2011. At the request of the nominee, the confirmation was deferred to April 1, 2008.

Electrical Examiners and Appeals Board
Appointment of Mr. James Shaw for a term expiring February 2, 2012. Mr. Shaw will serve as the Union Electrician representative. 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.

Emergency Communications District Board
Reappointment of Mr. James Buford Tune for a term expiring February 14, 2012. Mr. Tune will serve as the School District 6 representative. 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.

Traffic and Parking Commission
Appointment of Mr. Dick Morin for a term expiring April 3, 2010. Mr. Morin will fill the unexpired term of Ms. Gwen McFarland. 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. 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 resolution was approved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee approved the resolution with an amendment. 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 adopt the resolution ad amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34) ; “Noes” Tygard, Craddock, Gotto (3).

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; Parks, Library and Recreation; and Planning, Zoning and Historical Committees; the Budget and Finance Committee approved the resolution with an amendment. Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved to 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-157

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. Coleman moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-158

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. Langster 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-159

A resolution approving an amendment to a grant from the State of Tennessee, Board of Probation and Parole, to The Metropolitan Government of Nashville and Davidson County for the Davidson County Community Corrections Program. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-160

A resolution accepting a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of the District Attorney General, for personnel to identify, review, and coordinate the prosecution of serious gun-related crimes. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-161

A resolution approving an application for a grant from The Memorial Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Sheriff’s Department to install PLATO educational software in all five DCSO jail facilities to enhance the skill level of offenders in education, life skill, and employment. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-162

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 add new lighting and ceiling fans in the outdoor shed of the 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-163

A resolution approving an amendment to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health for breast and cervical cancer screenings. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-164

A resolution approving an amendment to a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange assistance in the planning, development and delivery of services for minority individuals affected and infected with HIV/AIDS. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-165

A resolution approving an amendment to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan 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. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-166

A resolution approving an amendment to a grant from the Tennessee Department of Human Services to the Metropolitan Action Commission for programs to provide services designed to assist low income and/or homeless individuals achieve self sufficiency and improve conditions of their communities. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-167

A resolution approving a Safe Routes for Schools application for a grant from The Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, for Thomas Edison Elementary School. The resolution was approved by the Education Committee; the Budget and Finance Committee recommended deferment. Mr. Cole moved to suspend the rules to override the committee recommendation for deferment, and no objection was heard. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-168

A resolution approving a Safe Routes for Schools application for a grant from The Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, for Tom Joy Elementary School. The resolution was approved by the Education Committee; the Budget and Finance Committee recommended deferment. Mr. Cole moved to suspend the rules to override the committee recommendation for deferment, and no objection was heard. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-169

A resolution approving a Safe Routes for Schools application for a grant from The Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, for Una Elementary School. The resolution was approved by the Education Committee; the Budget and Finance Committee recommended deferment. Ms. Wilhoite moved to suspend the rules to override the committee recommendation for deferment, and no objection was heard. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-170

A resolution authorizing Legend’s Corner, Inc., to install, construct and maintain an aerial encroachment at 424 Broadway (Proposal No. 2008M-008U-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” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-171

A resolution authorizing Nashville Crossroads, Inc., to install, construct and maintain an aerial encroachment at 419 Broadway (Proposal No. 2008M-007U-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” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-172

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Naomi Halsey McClure against The Metropolitan Government of Nashville and Davidson County in the amount of $130,000 to 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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

RESOLUTION NO. RS2008-174

A resolution accepting an Internet Crimes Against Children Grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-154

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.

BILL NO. BL2008-155

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before October 16, 2007. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2008-156

An ordinance abandoning an 8” water line and easement and accepting a replacement 8” water line, that is shown on Map 131-08, Parcels 018.00 and 112.00, Project 07-WL-0005, Harding Heights, 1120 Glendale Lane and 1118 Granny White court and authorizing the execution of the documents to carry out said transactions (Proposal No. 2007M-106U-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. BL2008-157

An ordinance abandoning an 8” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line in connection Project 07-SL-0009, shown on Map 105-14,Parcel 069.00, and 8th Avenue Lofts, 8th Avenue South authorizing the execution of the documents to carry out said transaction (Proposal No. 2007M-061U-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. BL2008-158

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 RM4 zoning property located at 3500 Brick Church Pike,3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), all of which is described herein (Proposal No. 2006Z-124G-02). 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. BL2008-159

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 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), to permit 557 dwelling units (259 single-family dwelling units, 173 townhome units, 23 cottages and 51 duplex lots for a total of 102 attached two-family units), zoned RS20 and proposed for RM4 zoning, all of which is described here in (Proposal No. 2006P-013G-02). 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. BL2008-160

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a Planned Unit Development district applicable to various properties located on the east side of Sawyer Brown Road, (12.9 acres), zoned R20, to remove the approved sidewalk along one side of Briksberry Court and Huntwood Place, all of which is described here in (Proposal No. 94-83-G-06). 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.

- 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 bill was approved by the Codes, Fair and Farmers Market Committee. Ms. Wilhoite offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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. The bill was approved by the Codes, Fair and Farmers Market Committee. 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. 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. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. 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. 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. The Codes, Fair and Farmers Market and Health, Hospitals and Social Services Committees recommended deferment. Mr. Stanley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Stanley moved to defer the bill on second reading as amended, which motion was seconded and adopted 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). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

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 and Planning, Zoning and Historical Committee; the Budget and Finance Committee recommended deferment. Mr. Harrison moved to defer the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted 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, Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted 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, Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted 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, Public Works and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted 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 transactions (Proposal No. 2007M-143U-9). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee approved the bill with an amendment. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council with Mr. Matthews “Abstaining.”

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, Public Works and Planning, Zoning and Historical Committees. Mr. Holleman moved to pass the bill on second reading, which motion was seconded and adopted 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 transactions (Proposal No. 2007M-084U-3). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee approved the bill with an amendment. Mr. Matthews offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Matthews moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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, Public Works and Traffic and Parking Committees; the Planning, Zoning and Historical Committee recommended deferment. Ms. Gilmore moved to suspend the rules to override the committee recommendation of deferment, and no objection was heard. 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. 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 Avenue” (Proposal No. 2008M-010U-9). The bill was approved by the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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 and Planning, Zoning and Historical Committee; the Public Works Committee approved the bill with an amendment. Mr. Durbin offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Durbin moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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 transactions (Proposal No. 2007M-032U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee approved the bill with an amendment. Mr. Duvall offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Duvall moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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 transactions (Proposal No. 2007M-052G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee approved the bill with an amendment. Ms. Evans offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Evans 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. BL2007-71

An ordinance approving the disposition of a certain parcel of surplus property located at 217 South 10th Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-193U-5). The bill was approved by the Planning Commission, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning and Historical Committees. Mr. Jameson moved to moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-89

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 803 Elliston Street, Ninth Street (unnumbered), Hadley Avenue (unnumbered), Donelson Avenue (unnumbered), and Elliston Street (unnumbered), at the southeast corner of Donelson Avenue and Elliston Street (5.25 acres), to permit the development of a maximum of 91 multi-family units and a maximum of 45,000 square feet of non-residential uses, all of which is described herein (Proposal No. 2007SP-171G-14). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Jernigan moved to defer the bill, the bill being requested by American Engineers, Inc., 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

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. Ms. Gilmore 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, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

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. 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, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2008-137

A resolution requesting the Commissioner of the Tennessee Department of Education to make a recommendation as to whether it is appropriate that the Metropolitan Nashville Director of Schools be removed by the Tennessee Board of Education. Mr. Jameson moved to withdraw the resolution at the request of the sponsor, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-173

A resolution designating Monday, March 3, 2008 as “Read Across America Day”, a national celebration of Dr. Seuss’ birthday. 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, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.