Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, March 4, 2008


The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilmember Pam Murray.

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

The Minutes of the regular meeting February 19, 2008, were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The Rules-Confirmations-Public Elections Committee recommended deferment of the following proposed amendment to the Rules of Procedure of the Metropolitan Council:

Rule 15.
Amended by deleting the existing provisions of the rule in their entirety and substituting in lieu thereof the following new provisions:

“No resolution or ordinance involving the appropriation or expenditure of money, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk until the Director of Finance has furnished a statement as to the availability of funds, and a fiscal impact analysis has been conducted by the Department of Finance and filed with the Metropolitan Clerk.”
Mr. Coleman moved to defer indefinitely the proposed amendment, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Community Corrections Advisory Board
Appointment of Ms. Tyler Yarbro for a term expiring July 30, 2009. Ms. Yarbro will serve as the Metropolitan Government 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.

Electrical Examiners and Appeals Board
Reappointment of Mr. Ralph Parsons for a term expiring February 15, 2012. Mr. Parsons will serve as the electrical engineer 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.

Fire and Building Code Appeals Board
Reappointment of Mr. William (Bill) M. Steffenhagen for a term expiring March 1, 2012. Mr. Steffenhagen will serve as the Fire Prevention Specialist 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.

Public, Education and Governmental (PEG) Access Oversight Committee
Appointment of Ms. Cherrie Dean Britton for a term expiring November 4, 2009. Ms. Britton will fill the unexpired term of Ms. Hazel Thomas. 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. Thomas Melton for a term expiring November 4, 2010. Mr. Melton will serve as the post secondary interest 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.

Sports Authority
Reappointment of Ms. Cathy Bender-Jackson for a term expiring February 19, 2014. Ms. Jackson will represent the 4th School District. 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. Steve North for a term expiring February 19, 2014. Mr. North will represent the 20th Senate District. 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.

- BILLS ON PUBLIC HEARING -

SUBSTITUTE BILL NO. BL2007-19

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 historic overlay district to 548 properties in Germantown bounded by Rosa Parks Boulevard, Jefferson Street, Hume Street, and 2nd Avenue North (92.04 acres), zoned R6, SP, OR20, MUN, MUG, CS, CF, and IR and within the Phillips-Jackson Redevelopment District, all of which is described herein (Proposal No. 2007Z-167U-08). Ms. Gilmore moved to defer the bill to the May public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-33

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning property located at 2801 Lebanon Pike, at the southeast corner of Lebanon Pike and Donelson Pike (0.31 acres), to permit an existing structure to be used for automobile sales (used), all of which is described herein (Proposal No. 2007SP-148U-14). Mr. Stanley moved to defer the bill indefinitely, the bill being requested by Leroy J. Humphries and Beverly Beam, which motion was seconded and adopted by a voice vote of the Council. The bill was disapproved by the Planning Commission. Mr. Stanley requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Stanley moved to disapprove the bill as the proposal is not conducive to the neighborhood design plan, the bill being requested by Leroy J. Humphries and Beverly Beam, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-109

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Planned Unit Development district approved by Ordinance No. O95-41 and subsequently revised by the Metropolitan Planning Commission for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres), zoned RS7.5, R15, and RS20, permitted for 884 multifamily units and 116 single-family lots, to include additional conditions pertaining to the dedication of a school site and improvements within the Infrastructure Deficiency Area, all of which is more particularly described herein (Proposal No. 95P-025U-12). Mr. Coleman moved to defer the bill indefinitely at the request of property owners Bell Road Vacant LLC, Bell Road LP, and Kristi L. Warren, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-110

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 SP district approved by Ordinance No. BL2006-1286 for property located at 6419 Pettus Road, at the end of Autumn Crossing Way, (28.99 acres), approved for 69 single-family lots and 64 multi-family units, to clarify the conditions pertaining to the required masonry component, all of which is described herein (Proposal No. 2006SP-112G-12). The bill was approved by the Planning Commission. Mr. Toler requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2008-114 and BL2008-141 were considered together.

BILL NO. BL2008-114

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 a Historic Landmark Overlay to property located at 4508 Charlotte Avenue, 4509 Alabama Avenue, and 4511 Alabama Avenue for the Charlotte Avenue Church of Christ (.72 acres), all of which is described herein (Proposal No. 2007Z-182G-07). The bill was disapproved by the Planning Commission. Mr. Holleman moved to withdraw the bill, as the proposed SP zoning is not necessary to accomplish his objectives and there is no longer an offer pending on the property, which motion was seconded and adopted 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). The bill was disapproved by the Planning Commission. Mr. Holleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Holleman moved to withdraw the bill for the same reasons stated for Bill No. BL2008-114, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-115

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of “two-family” structure to include two detached dwelling units, all of which is more particularly described herein (Proposal No. 2006Z-022T). Mr. Tygard requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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). The bill was approved by the Planning Commission. Mr. Tygard requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Tygard, on behalf of the sponsor, moved to pass the bill on second reading, which motion was seconded and adopted 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 herein (Proposal No. 2008P-001U-05). The bill was approved by the Planning Commission. Mr. Jameson requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. 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. BL2008-135

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). The bill was disapproved by the Planning Commission. Ms. Gilmore moved to defer the bill to the May public hearing, the bill being requested by Glenn and Chandra Jamison, which motion was seconded and adopted 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. Mr. Tygard requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Petitions were filed in support of the bill. The President declared the public hearing closed. Mr. Tygard, on behalf of the sponsor, moved to pass the bill on second reading, which motion was seconded and adopted 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). Mr. Coleman moved to defer the bill to the May public hearing, the bill being requested by R. Chris Magill Consulting LLC, which motion was seconded and adopted 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 requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Mitchell moved to pass the bill on second reading, 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. Ms. Langster requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted 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. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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. Mr. Claiborne requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and failed by the following vote: “Ayes” Steine, Maynard, Harrison, Jameson, Cole, Stanley, Claiborne, Evans, Holleman, Wilhoite (10); “Noes” Garrett, Tygard, Craddock, Murray, Bennett, Forkum, Ryman, Gotto, Burch, Page, Gilmore, Langster, Crafton, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Mitchell (20); “Abstaining” Barry, Matthews, Hunt, Moore, Durbin, McGuire, Todd (7).

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. Mr. McGuire moved to defer the bill indefinitely because of the significant opposition to the proposal, the bill being requested by Dale and Associates, which motion was seconded and adopted 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. Ms. Page requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. 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. BL2008-145

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. Mr. Harrison moved to defer the bill to the May public hearing, the bill being requested by Dale & Associates, which motion was seconded and adopted 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. Mr. McGuire requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and a citizen was heard in favor the bill. The President declared the public hearing closed. Mr. McGuire moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2008-147 and BL2008-148 were considered together.

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.

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 herein (Proposal No. 2007P-004G-12). The bill was approved by the Planning Commission.

Mr. Toler requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and no one came forward to be heard. The President declared the public hearing closed. Mr. Toler moved to pass the bills on second reading, which motion was seconded and adopted 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 herein (Proposal No. 2008SP-007U-10). The bill was approved by the Planning Commission. Mr. McGuire requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. McGuire offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE 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 11 dwelling units total (1.99 acres), all of which is described here in (Proposal No. 2008SP-007U-10). Mr. McGuire moved to pass the bill on second reading, which motion was seconded and adopted 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-024T). The bill was approved by the Planning Commission. Mr. Toler requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved to pass the bill on second reading as amended, which motion was seconded and adopted 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). The bill was approved by the Planning Commission. Ms. Wilhoite requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Wilhoite moved to pass the bill on second reading and defer the bill indefinitely, which motion was seconded and adopted 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). The bill was disapproved by the Planning Commission. Mr. Tygard requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to pass the bill on second reading as amended and defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2008-175

A resolution recognizing the contributions and services of Gwendolyn Elizabeth Nation McFarland of Nashville, Tennessee.

RESOLUTION NO. RS2008-176

A resolution recognizing the passing of Kindell Stephens, Sr.

RESOLUTION NO. RS2008-177

A resolution recognizing sisters Mary O’Neil and Catherine Gross for their generous donation to the City of Nashville.

RESOLUTION NO. RS2008-178

A resolution recognizing Transportation Commissioner Gerald F. Nicely for his outstanding leadership and service.

RESOLUTION NO. RS2008-179

A resolution recognizing Metropolitan Nashville Davidson County Police Department South Precinct Commander Rick Lankford on the occasion of his retirement.

RESOLUTION NO. RS2008-180

A resolution recognizing Central Precinct Detectives Rick Mavity, Ricky Winfrey, former Officer Billy Merryman, along with Detectives Chad Gish, Tracy Gatwood and Joe Williams of the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2008-181

A resolution recognizing Steven Olson on attaining the designation of Eagle Scout, Scouting’s highest award.

RESOLUTION NO. RS2008-182

A resolution recognizing Andrew Owensby on attaining the designation of Eagle Scout, Scouting’s highest award.

RESOLUTION NO. RS2008-183

A resolution recognizing Luke Ownby on attaining the designation of Eagle Scout, Scouting’s highest award.

RESOLUTION NO. RS2008-184

A resolution recognizing William Ownby on attaining the designation of Eagle Scout, Scouting’s highest award.

RESOLUTION NO. RS2008-185

A resolution recognizing Cathy Rader upon her retirement from the position as Volunteer Director of Special Olympics Nashville.

RESOLUTION NO. RS2008-186

A resolution recognizing and congratulating Mr. Joe Casey upon his induction into the Tennessee Secondary School Athletic Association Hall of Fame.

RESOLUTION NO. RS2008-187

A resolution recognizing the Nashville Rescue Mission on its fifty-four years of service to the homeless in the Nashville community.

RESOLUTION NO. RS2008-188

A resolution to recognize and declare Fisk University Day in Nashville, Tennessee on March 19, 2008.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolutions, 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, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2008-189

A resolution approving the election of certain Notaries Public for Davidson County. Mr. Ryman 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, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-161

An ordinance amending Title 4 of the Metropolitan Code to establish a procurement nondiscrimination program. 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. BL2008-162

An ordinance authorizing the Metropolitan Government to participate with John Ring, Tennessee Contractors, Inc., to provide public sewer service in Williamson County to Fountainbrooke Phase 11, Project No. 07-SL-82. 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. BL2008-163

An ordinance authorizing the Metropolitan Government to participate with B & Y Properties to provide public sewer service in Williamson County, to Britain Downs, Phase 1, Project No. 07-SL-49. 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. BL2008-164

An ordinance authorizing the Metropolitan Government to participate with Sunset Properties to provide public sewer service in Williamson County, to Sunset Park Subdivision, Project Nos. 06-SL-45 and 06-SL-110. 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. BL2008-165

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2834 Brick Church Pike, 534 Thompson Lane, 4022 Sells Drive, 6420 Centennial Boulevard, 4017 Wallace Lane, 1101 and 1033 18th Avenue South, Pettus Road, Highway 70, 2202 A Hobbs Road, 1900 Belmont Boulevard, Carothers Road, 3510 Central Pike, 300 11th Avenue South, Bell Road, 705 Murfreesboro Pike, 1525 J P Hennessy Drive, Cotton Lane, 3901 Granny White Pike, 1915 Gallatin Pike, Old Hickory Boulevard, 535 Shute Lane, 5444 Edmondson Pike, 335 Arena Avenue, 326 Harding Place, and 2110 Rosa L Parks Boulevard. 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, Public Works, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-166

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 CS zoning 0.67 acres of right-of-way belonging to the State of Tennessee located on the east side of Liberty Lane, south of Vietnam Veterans Boulevard, all of which is described herein (Proposal No. 2008Z-007G-04). 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. BL2008-167

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to create the use “animal boarding facility” as a use permitted with conditions (PC) in the IWD and IR districts, all of which is more specifically described herein (Proposal No. 2008Z-028T). 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. BL2008-168

An ordinance amending Section 17.40.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to require the written consent of all property owners affected by a zoning change prior to acceptance of an application to amend the official zoning map, all of which is more specifically described herein (Proposal No. 2008Z-031T). 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. BL2008-169

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to check cashing, title loan, pawnshops, and cash advance establishments, all of which is more specifically described herein (Proposal No. 2008Z-032T). 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.

Upon motion duly seconded, the meeting was adjourned.