Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, March 18, 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 Erik Cole.

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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (37); Absent: Hunt, Burch, Langster, Evans (4).

The Minutes of the regular meeting of March 4, 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 April 1, 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 At the request of the administration, the confirmation was withdrawn.

Educational Access Corporation
Appointment of Mr. Kaine Riggan for a term expiring February 5, 2011. 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.

Property Standards and Appeals Board
Appointment of Mr. Carroll Richardson for a term expiring August 6, 2008. Mr. Richardson will fill the unexpired term of Mr. Riney Green. 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
Appointment of Ms. Nancy Vincent for a term expiring February 19, 2014. Ms. Vincent will represent the 8th school district. 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.

Reappointment of Ms. Helen Walker for a term expiring February 19, 2014. Ms. Walker will represent the 7th 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.

Stormwater Management Committee
Appointment of Mr. Lance Wagner for a term expiring July 8, 2009. Mr. Wagner will fill the unexpired term of Ms. Emily Carr. 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.

Tourism and Convention Commission
Appointment of Mr. David Currey for a term expiring June 30, 2008. Mr. Currey will fill the unexpired term of Mr. Kyle Young. 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.

Board of Zoning Appeals
Appointment of Mr. Fabian Bedne for a term expiring February 26, 2013. 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.

- BILL ON PUBLIC HEARING –

BILL NO. BL2008-154

An ordinance approving the Skyline Redevelopment Plan (2007Z-119U-05). The bill was approved by the Planning Commission, Federal Grants Review and Planning, Zoning and Historical Committees. Ms. Murray called for a public hearing 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. Ms. Murray moved to pass the bill on second reading and defer the bill to the second meeting in April at which time an additional public hearing will be conducted, which motion was seconded and adopted by a voice vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2008-190

A resolution calling the Metropolitan Board of Equalization into regular session beginning June 2, 2008 and special session beginning June 16, 2008. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-191

A resolution appropriating $500,000 in Community Development Block Grant Funds for streetscape improvements in the Booker Street Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-192

A resolution appropriating $570,000 in Community Development Block Grant funds for streetscape improvements in the Salemtown Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-193

A resolution approving the tree bank fee schedule recommended by the Tree Ordinance Task Force and promulgated by the Urban Forester. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-194

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the General Sessions Court – Probation Division, and B.I. Incorporated for the lease of electronic monitoring equipment. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-195

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 gang-involved crimes occurring within the community. The resolution was approved by the Budget and Finance Committee. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-196

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 Davidson County Sheriff’s Department in conjunction with Animal Control, to teach basic tool handling, safety, and small scale fabrication of pet houses to offenders to be used for fund raising events. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-197

A resolution accepting a grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, for the Sheriff’s Alcohol Awareness for Everyone SAAFE program. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-198

A resolution approving a grant from The Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Arts Commission, to conduct a feasibility study on the cultural plan for Music City to support the strong and vibrant arts community in Nashville and Middle 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-199

A resolution accepting a grant from the Nashville Public Library Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to add personnel, materials, and programming to the Young Adult Services in the Madison, Inglewood, and East Library branches. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Foster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-200

A resolution accepting a grant from the Friends of Warner Parks to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks Department, to provide staffing for the Warner Parks Center including office support, security, summer maintenance programs, and labor for winter and summer watering programs. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Foster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-201

A resolution approving an intergovernmental agreement by and between the United States Marshals Service and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, regarding the District Fugitive Task Force. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-202

A resolution approving an intergovernmental agreement by and between the United States Marshals Service and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, for 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-203

A resolution approving an intergovernmental agreement by and between the United States Immigration and Customs Enforcement and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, for reimbursement of expenses related to Operation SLOT. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-204

A resolution accepting a grant from the Fireman’s Fund Heritage grant program to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, to train firefighters to meet requirements of OSHA and NFPA Technical Rescue Standards. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-205

A resolution approving an amendment to a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through The Mayor’s Office of Emergency Management, to support homeland security capabilities. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-206

A resolution approving an amendment to a grant from the Tennessee Department of Health and Human Services to the Metropolitan Action Commission for programs designed to provide services to assist low-income individuals achieve self-sufficiency. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees 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 as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-207

A resolution approving a contract for services by and between the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Nashville General Hospital at Meharry to provide information to outpatient prenatal or postpartum individuals about WIC eligibility and available benefits. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-208

A resolution approving an extension and renewal of the 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 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (35); “Noes” (0); “Abstaining” Todd (1).

RESOLUTION NO. RS2008-209

A resolution approving a contract amendment 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 for the provision of services under the Minority AIDS Initiative (MAI). 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (35); “Noes” (0); “Abstaining” Todd (1).

RESOLUTION NO. RS2008-210

A resolution approving a contract amendment by and between the Metropolitan Government, 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 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (35); “Noes” (0); “Abstaining” Todd (1).

RESOLUTION NO. RS2008-211

A resolution approving an extension of the contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Seton Corporation d/b/a Baptist Hospital for assistance in providing services to WIC eligible women, infants, and children. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-212

A resolution approving an amendment to a grant from the U.S. Department of Health and Human Services to the Metropolitan Department of Health to enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV disease. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-213

A resolution accepting 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, to provide rapid HIV testing services to 3,500 at risk individuals in a clinical setting. 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-214

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for the purchase and removal of 4802, 4806, 4810 Milner Drive and 373 Wimpole Drive which lie in repetitively flooded areas. The resolution was approved by the Budget and Finance and Public Works Committees 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-215

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for the purchase and removal of 5405 and 5409 San Marcos Drive which lie in a repetitively flooded area of Davidson County. The resolution was approved by the Public Works Committee with an amendment; the Budget and Finance Committee recommended deferment. 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 defer the resolution as amended, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-216

A resolution approving the exercise of fee simple acquisition option for the purchase of various flood prone property, for Metro Water Services Project No. 00-D-04 (Proposal No. 2002M-111U-12). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-217

A resolution approving a Local Interstate Connector Route application for a grant from The State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for improvements on McCrory Lane at I-40 West. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Mitchell moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-218

A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-219

A resolution classifying public roads in Davidson County, Tennessee. The resolution was approved by the Public Works Committee. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2008-220

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Tammy Howalt against the Metropolitan Government of Nashville and Davidson County for $35,000.00, 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-170

An ordinance amending Section 15.68.020 of the Metropolitan Code to authorize the Metropolitan Fire Marshal to grant waivers from the mandatory installation of private fire hydrants. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2008-171

An ordinance accepting the donation of a horse by the name of “Superior Candidate” for the use and benefit of the Metropolitan Nashville Police Department. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2008-172

An ordinance authorizing the Department of Water and Sewerage Services to use the Metropolitan Government contract with UtiliQuest to comply with Tennessee Code Annotated 65-31-101 et seq. and the attached analysis addresses the provisions of Metro Code of Laws §4.12.095. 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. BL2008-173

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 Planned Unit Development District approved by Ordinance No. BL2005-746, as amended, for property located at 7751, 8042, 8050, and 8100 Highway 100, and 7821, 7749, and 7751 Old Harding Pike (10.57 acres), approved for a 3,000 square foot bank, two restaurants totaling 9,300 square feet, 34,500 square feet of retail and 12,000 square feet of office space, to modify the signage provisions, all of which is described herein (Proposal No. 2005P-017G-06). Mr. Mitchell offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2008-173

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 Planned Unit Development District approved by Ordinance No. BL2005-746, as amended, for property located at 8042, 8050, 8058, and 8100 Highway 100, (10.12 acres), approved for a 3,000 square foot bank, two restaurants totaling 9,300 square feet, 34,500 square feet of retail and 12,000 square feet of office space, to modify the signage provisions, all of which is described herein (Proposal No. 2005P-017G-06). 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.

- BILLS ON SECOND READING -

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 bill was approved by the Public Safety-Beer and Regulated Beverages Committee with an amendment. 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. BL2008-118

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 moved to defer the bill indefinitely on second reading while further input is sought on the proposal, 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, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted 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, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted 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, 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. BL2008-161

An ordinance amending Title 4 of the Metropolitan Code to establish a procurement nondiscrimination program. The bill was approved by the Budget and Finance Committee with an amendment. Mr. Coleman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman moved to pass the bill on second reading as amended, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted 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, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD 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 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, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

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 indefinite deferment. Mr. Jernigan moved to defer the bill indefinitely while final details are being worked out, the bill being requested by American Engineers, Inc. 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 and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

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). The bill was approved by the Planning Commission and disapproved by the Planning, Zoning and Historical Committee. 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 defer the bill on third reading as amended and to re-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. BL2008-116

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” (0); “Abstaining” Wilhoite (1).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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, Public Works 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, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” (0);”Abstaining” Matthews (1).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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 approved the bill with conditions. Ms. Gilmore moved to defer the bill on third reading while discussions continue of assembling the adjacent properties, 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 disapproved by the Emergency Communications District Board and approved by the Planning 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, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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, Public Works, and Planning, Zoning and Historical Committee. Mr. Durbin moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committees. Mr. Duvall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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 and approved by the Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, (30); “Noes” Durbin (1); “Abstaining” Holleman.

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 and Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Garrett, on behalf of the sponsor, moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Coleman moved to defer the bill on third reading, the bill being requested by Charles Hawkins Co. Inc., 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 and Planning, Zoning and Historical Committee. Ms. Page moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. McGuire moved to defer the bill to the second meeting in April, the bill being requested by Gresham Smith and Partners, 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 and Planning, Zoning and Historical Committee.

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 and Planning, Zoning and Historical Committee.

Mr. Toler moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2007-38

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to consider tying driving privileges for persons under twenty-one years to progress toward high school graduation. The resolution was disapproved by the Education Committee; the Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded. Pursuant to Rule No. 22 of the Rules of Procedure of the Metropolitan Council, the resolution is considered withdrawn.

Upon motion duly seconded, the meeting was adjourned.