Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, April 1, 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 Dr. Kevin Shrum of Inglewood Baptist Church.

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

The Minutes of the regular meeting of March 18, 2008, were approved.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Mr. Robert McNeilly for a term expiring February 2, 2011. Without objection the confirmation was deferred.

Reappointment of Ms. Candace Reynolds for a term expiring February 2, 2011. Without objection the confirmation was deferred.

Airport Authority
Appointment of Mr. Rod Essig for a term expiring April 5, 2009. Mr. Essig will fill the unexpired term of Mr. Bert Mathews. 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.

Alarm Appeals Board
Appointment of Ms. Donna Grayer for a term expiring November 4, 2009. Ms. Grayer will serve as the Residential Alarm User. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Community Access Corporation
Appointment of Mr. Luther Wright for a term expiring October 10, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Educational Access Corporation
Reappointment of Dr. Cavit Cheshier for a term expiring February 5, 2011. 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. James Armstrong for a term expiring March 1, 2012. Mr. Armstrong will continue to serve as the Civil 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.

Sexually Oriented Business Licensing Board
Appointment of Mr. Blake Freeman for a term expiring October 7, 2008. Mr. Freeman will fill the unexpired term of Ms. Camille Steward. 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. Chris Whitson for a term expiring February 26, 2011. Mr. Whitson will fill the unexpired term of Mr. Charlie Williams, Jr. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS -

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 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” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-221

A resolution appropriating certain 2007-2008 and 2008-2009 Housing and Community Development funds. 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” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-222

A resolution setting a public hearing for the creation of the Skyline Redevelopment Plan. The resolution was approved by the Federal Grants Review Committee. Ms. Murray moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-223

A resolution authorizing the execution and delivery of an Amended and Restated Intergovernmental Project Agreement with the Sports Authority of the Metropolitan Government of Nashville and Davidson County related to the Nashville Arena, and authorizing certain additional actions contemplated thereby. The Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees recommended deferral. Mr. Jameson moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-224

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 United Neighborhood Health Services to provide medical services to homeless clients at the downtown clinic. 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” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-225

A resolution accepting 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 the ongoing efforts to prevent, respond to, and recover from incidents of terrorism. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-226

A resolution approving an amendment to a lease agreement between KBS Nashville Industrial Portfolio I and The Metropolitan Government of Nashville and Davidson County for certain real property located at 523 Mainstream Drive, Nashville, Tennessee, 37228, for use as temporary facilities during the Howard Office Building renovation (Proposal No. 2008M-038). The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-227

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Jason Bowers against The Metropolitan Government of Nashville and Davidson County for an amount not to exceed $23,200.00 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” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-228

A resolution authorizing the Metropolitan Department of Law to accept $6,236.66 in compromise and settlement of the Metropolitan Government of Nashville and Davidson County’s property damage claim against April Marbury. 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” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-153

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to amend Section 17.24.100.A (Replacement of Trees) as to calculation of tree density, all of which is more particularly described herein (Proposal No. 2008Z-025T). 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. BL2008-174

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2009. Mr. Cole moved to pass the bill on first reading, defer the bill to the first meeting in June, and refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-175

An ordinance establishing the tax levy in the General Services District for the fiscal year 2008-2009, and declaring the amount required for the Annual Operating Budget of the Urban Services District, pursuant to Section 6.07 of the Metropolitan charter. Mr. Cole moved to pass the bill on first reading, defer the bill to the first meeting in June, and refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-176

An ordinance approving an increase in probation supervision fees. 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. BL2008-177

An ordinance approving the acquisition of a right-of-way easement from Benson’s, Inc. (Proposal No. 2008M-025G-14). 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. BL2008-178

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 RS15 district north of Woodmont Boulevard between Lynnbrook Road and Estes Road and along Cantrell Avenue, Cantrell Square, Oaklawn Avenue, Westmont Avenue, Wilson Boulevard, Woodlawn Drive and Woodmont Boulevard (46.37 acres), all of which is described herein (Proposal No. 2008Z-045U-10). Mr. Holleman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Holleman moved to pass the bill on first reading as amended and refer the bill to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-179

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to CS district properties located at 497 and 501 Old Hickory Boulevard, approximately 3,000 feet south of Tolbert Road (7.33 acres), all of which is described herein (Proposal No. 2008Z-040G-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.

BILL NO. BL2008-180

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 and canceling a portion of the preliminary plan for properties located at Old Franklin Road (unnumbered), approximately 660 feet north of Crossings Boulevard, classified R10 and AR2a and located within the Crossings Planned Unit Development Overlay (5.38 acres) to remove one parcel and a portion of another from the boundaries of the PUD and to remove a portion of Crossings Circle right-of-way from the approved PUD plan, all of which is more particularly described herein (Proposal No. 84-87-P-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-181

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 Neighborhood Conservation Overlay to various properties west of Gallatin Avenue, located along Bailey Street, W. Eastland Avenue, Finn Street, Laurent Street, McFerrin Avenue, Mansfield Street, Maxwell Avenue, N. 10th Street, and Silverdene Place (65.12 acres), zoned CN, RS5, RM20 and SP, all of which is described herein (Proposal No. 2008Z-043U-05). 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. BL2008-182

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 BL2005-543 to remove a condition restricting access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (Proposal No. 2008Z-042G-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.

BILL NO. BL2008-183

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 4518 Michigan Avenue, at the intersection of 46th Avenue North and Michigan Avenue (.18 acres), all of which is described herein (Proposal No. 2008Z-018U-07). The bill was approved by the Planning Commission. Mr. Baker offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Baker moved to pass the bill on first reading as amended and refer the bill to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-184

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 property located at 2712 Shacklett Drive, approximately 1,030 feet west of Donelson Pike (0.44 acres), all of which is described herein (Proposal No. 2008Z-020U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-185

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying an Urban Design Overlay district to various properties located along Dickerson Pike between 1st Street and Trinity Lane (153.85 acres), to regulate all signage, all of which is described herein (Proposal No. 2008UD-001U-05). 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. BL2008-186

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 CL district property located at 415 W. Trinity Lane, approximately 560 feet west of Monticello Drive (4.10 acres), all of which is described herein (Proposal No. 2008Z-039U-03). 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. BL2008-187

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 RS15 and CS to RM4 district property located at Ashland City Highway (unnumbered), approximately 1,075 feet south of Drakes Branch Road (32.5 acres), all of which is described herein (Proposal No. 2008Z-041U-03). 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. BL2008-188

An ordinance approving an amendment to BL 2006-1296, which changed the zoning for the parcels located at 201, 203, 205, 207, 209, 215, 217 and 221 Broadway, 109, 113, and 119 2nd Avenue South, and 110 and 116 3rd Avenue South, bounded by Broadway, 2nd Avenue South, and 3rd Avenue South (approximately 1.16 acres) from CF to SP zoning (Proposal No. 2006SP-183U-09). 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. BL2008-189

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 and RS10 to RS15 district west of Lebanon Pike, along Belding Drive, Danyacrest Drive, Dedham Drive, Dinah Court, Disspayne Drive, Downeymeade Court, Downeymeade Drive, Edgemont Drive, Eldon Court, Jenry Court, Jenry Drive, Myrich Drive, Stafford Drive, and Walcott Drive (163.99 acres), all of which is described herein (Proposal No. 2008Z-047U-14). 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. BL2008-190

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 and MUL to SP-MU zoning for the H2O development located at 6950 Charlotte Pike and Cabot Drive (unnumbered), extending from Charlotte Pike to the Cumberland River (23.93 acres), to permit an urban waterfront district consisting of a mixed-use development containing retail, office, residential, hotel, boathouses, and various civic spaces with associated parking structures, garages and lots, all of which is described herein (Proposal No. 2008SP-006U-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.

BILL NO. BL2008-191

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 Neighborhood Conservation Overlay to various properties located along Apex Street, Bailey Street, Chicamauga Avenue, Cleveland Street, Emmett Avenue, Granada Avenue, Laurent Street, Granada Court, Manila Street, McFerrin Avenue, N. 9th Street, Petway Avenue, Seymour Avenue, and W. Eastland Avenue (72.4 acres), zoned CN, RS5 and RM40, all of which is described herein (Proposal No. 2008Z-044U-05). 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. BL2008-192

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 various properties north of Barnes Road, along Cedarcreek Circle, Cedarcreek Lane, Cedarcreek Place, Cedarcreek Trail, Cedarhill Court, Cedarmont Circle, Cedarmont Court, Cedarmont Drive, Cedarvalley Court, Cedarvalley Drive, Cedarview Drive, Cedarview Drive, Darold Court, Green Timbers Drive, Green Trails Court, Green Trails Drive, Ilawood Court, Ilawood Drive, Maxine Drive, Monte Carlo Court, Monte Carlo Drive, Monte Leone Court, Ridgeview Court, Shabnam Drive, Vickey Court, and Westridge Court (161.84 acres) (Proposal No. 2008Z-037U-12). 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. BL2008-193

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 preliminary plan for property located at 6834 Charlotte Pike, approximately 450 feet east of Templeton Road, classified CL (6.04 acres) to permit the development of two hotels totaling 133,500 square feet, all of which is more particularly described herein (Proposal No. 144-66-G-07). 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. BL2008-194

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 and AR2a to RS80 district east of Union Hill Road, along Brick Church Pike, Dry Creek Road, and Hitt Lane (1,086.25 acres), all of which is described herein (Proposal No. 2008Z-046G-02). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-195

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan of Lakeshore Meadows Planned Unit Development located abutting the south margin of Coley Davis Road and the east margin of Dona McPherson Drive, classified CL and RM6, (18.39 acres) to permit a 94 bed, assisted-living facility containing 103,625 square feet in lieu of an approved 10,000 square foot commercial building, increasing the total approved square footage from 366,164 square feet to 457,789 square feet for the overall development, all of which is more particularly described herein (Proposal No. 93-86-P-06). 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. BL2008-196

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to SP zoning property located at Sawyer Brown Road (unnumbered), approximately 540 feet north of Meadow Lane Drive, to permit the development of 130 townhome units (39.09 acres), all of which is described herein (Proposal No. 2008SP-009G-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.

BILL NO. BL2008-197

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to RM9 and RS10 zoning property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), all of which is described herein (Proposal No. 2006Z-124G-02). 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. BL2008-198

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 Council Bill BL2007-1523 to make various amendments to the Gallatin Pike Improvement District Specific Plan for properties located along Gallatin Pike between South 5th Street and Briley Parkway (263.71 acres), all of which is described herein (Proposal No. 2007SP-122U-05). 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. BL2008-199

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 R8 district properties located at 2902 and 2904 W. Linden Avenue, approximately 95 feet west of 29th Avenue South (0.70 acres), all of which is described herein (Proposal No. 2008Z-029U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-200

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 and R80 to CS zoning property located at Old Charlotte Pike (unnumbered), at the northwest corner of Old Charlotte Pike and Highway 70 South (4.5 acres), all of which is described herein (Proposal No. 2008Z-017G-06). Mr. Mitchell moved to defer the bill indefinitely due to the untimely death of a principal party in the matter, the bill being requested by Oliver Cromwell Carmichael, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-201

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to add new regulations for digital billboards and to prohibit LED message boards in residential zoning districts, all of which is more particularly described herein (Proposal No. 2008Z-006T). 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. BL2008-202

An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow Religious Institution as a use permitted in the SCR district, all of which is more specifically described herein (Proposal No. 2008Z-034T). 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. BL2008-203

An ordinance to amend Chapter 17.08 of Title 17 of the Metropolitan Code of Laws, Zoning Regulations, by adding Rehabilitation Services as a permitted use in the AG and AR2a districts, all of which is more specifically described herein (Proposal No. 2008Z-048T). 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.

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

BILL NO. BL2008-204

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 RS3.75 to MUN district property located at 1923 Britt Place, approximately 430 feet west of 19th Avenue North (0.17 acres), all of which is described herein (Proposal No. 2008Z-027U-08). Ms. Gilmore moved to pass the bill on first reading and refer the bill to the Planning Commission and Planning, Zoning and Historical Committee, which motion was second and adopted by a voice vote of the Council.

Without objection, the rules were suspended to call up Bill Nos. BL2008-158 and BL2008-159 which are scheduled for public hearing in May.

BILL NO. BL2008-158

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to RM4 zoning property located at 3500 Brick Church Pike,3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), all of which is described herein (Proposal No. 2006Z-124G-02). Mr. Hunt moved to withdraw this bill which has been replaced by Bill No. BL2008-197, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-159

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), to permit 557 dwelling units (259 single-family dwelling units, 173 townhome units, 23 cottages and 51 duplex lots for a total of 102 attached two-family units), zoned RS20 and proposed for RM4 zoning, all of which is described here in (Proposal No. 2006P-013G-02). Mr. Hunt offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE BILL NO. BL2008-159

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, for preliminary approval for property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), to permit 255 single-family dwelling units, 173 townhome units, 23 cottages and 51 duplex lots for a total of 553 units, zoned RS20 and proposed for RS10 and RM9 zoning, all of which is described here in (Proposal No. 2006P-013G-02). The bill was approved by the Planning Commission.

- BILLS ON SECOND 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. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-171

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. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committee. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-172

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. 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.

- BILLS ON THIRD READING -

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. Holleman offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Page, Moore, Durbin, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” Bennett, Stanley, Claiborne, Wilhoite, Mitchell (5); “Abstaining” Gilmore (1).

Mr. Tygard moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Page, Moore, Durbin, Baker, Crafton, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd (28); “Noes” Bennett, Claiborne, Wilhoite, Mitchell (4); “Abstaining” Maynard, Matthews, Gilmore, Holleman (4).

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. Ms. Wilhoite moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “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, Traffic and Parking, and Planning, Zoning and Historical Committees. Ms. Gilmore moved to defer the bill on third reading until certain issues are clarified, 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 and Planning, Zoning and Historical Committee. Mr. Coleman moved to defer the bill indefinitely, the bill being requested by Charles Hawkins Co. Inc., which motion was seconded and adopted by a voice vote of the Council

BILL NO. BL2008-155

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2008-229

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to impose a two-term limit on members of the Metropolitan Board of Public Education. The resolution was disapproved by the Education Committee; the Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Crafton moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-230

A resolution requesting the Metropolitan Development and Housing Agency, the Nashville Electric Service, the Metropolitan Transit Authority, the Metropolitan Nashville Public Schools, the Metropolitan Hospital Authority, the Metropolitan Sports Authority and the Metropolitan Nashville Airport Authority to adopt and implement the provisions of the Metropolitan Procurement Nondiscrimination Program. The resolution was approved by the Budget and Finance; Education; Health, Hospitals and Social Services; and Transportation and Aviation Committees. Mr. Coleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-231

A resolution designating May 2008 as “Great American Cleanup Month” in the area of Metropolitan Nashville and Davidson County. The resolution was approved by the Public Works Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-232

A resolution proclaiming May 1, 2008, as National Day of Prayer. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Hodges moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.