Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, July 15, 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 Reverend John E. Meeks of Andrew Price Memorial United Methodist 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: Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (38); Absent: Barry, Langster, Crafton (3).

The Minutes of the regular meeting July 1, 2008, were approved.

Mr. Ryman moved that at the time of adjournment the Council adjourn to Thursday, August 7, 2008, at 6:30 pm, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Auditorium Commission
Reappointment of Rev. Rod Glatt for a term expiring June 30, 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.

Appointment of Mr. John Landers for a term expiring June 30, 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.

Electric Power Board
Reappointment of Mr. Justin Wilson for a term expiring July 1, 2013. 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
Appointment of Ms. Debra Owens for a term expiring July 1, 2013. Ms. Owens will fill the unexpired term of Cynthia DuRant. 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
Reappointment of Mr. David Currey for a term expiring June 30, 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.

Reappointment of Mr. Patrick Franzone for a term expiring June 30, 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.

- RESOLUTIONS -

RESOLUTION NO. RS2008-302

A resolution appropriating the amount of $13,740,502.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of General Services of The Metropolitan Government of Nashville and Davidson County. Mr. Cole offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE RESOLUTION NO. RS2008-302

A resolution appropriating the amount of $11,912,700.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of General Services of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-352

A resolution authorizing the Metropolitan Department of Law to compromise and settle Mark and Sylvia Young’s claims against the Metropolitan Government for the amount of $251,428.00, 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” Claiborne (1).

RESOLUTION NO. RS2008-361

A resolution appropriating $565,000 in Community Development Block Grant funds for streetscape improvements in the Cass Street Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-362

A resolution appropriating $475,000.00 in Community Development Block Grant funds for external park improvements to the South Inglewood Community Park in the South Inglewood Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-363

A resolution approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the Industrial Development Board of the Metropolitan Government for the administration and compliance monitoring of state endowment grant contracts. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-364

A resolution approving an amendment to a lease agreement between The State of Tennessee and The Metropolitan Government of Nashville and Davidson County, Tennessee for certain portions of the campus at the Tennessee Preparatory School located in Nashville, Tennessee for The Metropolitan Government’s Magnet School Program. The resolution was approved by the Budget and Finance and Education Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-365

A resolution approving a clinical affiliation agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Columbia State Community College for the training of veterinary technician students at the Metropolitan Animal Control Facility. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-366

A resolution approving an amendment to a contract between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County for psychiatry health training for Vanderbilt medical residents at the Downtown Clinic for the homeless. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-367

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Health, for bioterrorism emergency preparedness services. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-368

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide tobacco use prevention services. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-369

A resolution accepting a grant from the 4-H Youth Development to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for a program focusing on positive youth development and life skills as an approach to making healthy lifestyle choices. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-370

A resolution accepting a grant from the Tennessee Department of Health to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide dental services for the homeless through 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” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-371

A resolution approving an amendment to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County to provide services to dislocated workers (08-09-PY7-309-YOUTH). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-372

A resolution approving an amendment to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults for re-entry into the labor force (08-09-FY8-209-ADULT). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Baker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-373

A resolution approving an amendment to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County to provide services to dislocated workers (08-09-FY8-409-DSLWK). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Baker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-374

A resolution approving an application for a gang prevention assistance grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County to pay overtime for officers assigned to the gang prevention unit. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-375

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 Office of Emergency Management, to subsidize emergency management. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-376

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

RESOLUTION NO. RS2008-377

A resolution approving an application for the Alcohol Countermeasures Innovative Enforcement Grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-251

An ordinance amending Title 5, Chapter 5.12, Article II of the Metropolitan Code to increase the additional hotel occupancy privilege tax by fifty cents, where increased revenue shall be deposited in a fund entitled “The Event and Marketing Fund,” where such increase shall expire on May 20, 2014. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees by a voice vote of the Council.

BILL NO. BL2008-252

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. 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. BL2008-253

An ordinance authorizing the Metropolitan Government to enter into renewal of a sewer easement and a water easement at J. Percy Priest Dam and Reservoir Project 08-SG-0001 Corps of Engineer, Easement No. DACW62-2-88-0072 (Proposal No. 2008M-005-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-254

An ordinance abandoning a 20 foot Public Utility Easement in connection with Project 08-SC-0031, 1707 14th Avenue South, shown on Map 105-05, Parcel 562.00, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-075U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-255

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 1834 (Proposal No. 2008M-096U-11). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-256

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Monticello Street (Proposal No. 2008M-072U-3). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-257

An ordinance authorizing Nashville Pinnacle, LLC to install, construct and maintain an encroachment including landscaped and irrigated areas, a underground electrical duckbank, and an aerial walkway connecting to Shelby Street Pedestrian Bridge (Proposal No. 2008M-101U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2008-246

An ordinance amending Section 11.28.080 of the Metropolitan Code to allow children found loitering during school hours to be transported to either the Davidson County Juvenile Detention Center or a Truancy Center. The bill was approved by the Education and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-247

An ordinance authorizing the acceptance of the donation of a conservation easement from Hanover Ridge, LLC for use in the greenway system (Proposal No. 2008M-108). The bill was approved by the Planning Commission; Budget and Finance; Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Duvall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-248

An ordinance requiring that all Metropolitan Government departments submit an annual report to the Council regarding actions taken to reduce paper consumption and postage expenses. The bill was approved by the Budget and Finance Committee. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-249

An ordinance amending Section 10.20.300 of the Metropolitan Code increasing the distance from residential structures as it pertains to the prohibition on nighttime dumpster collection. The Public Works Committee recommended indefinite deferment. Mr. Gotto moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-250

An ordinance authorizing the Metropolitan Government to enter into renewal of a water easement at J. Percy Priest Dam and Reservoir Project 08-WG-0001 Corps of Engineer, Easement No. DACW62-2-88-0093 (Proposal No. 2008M-006-13). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2008-137

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to permit the development of up to 250 multi-family residential units and up to 421,500 square feet of commercial uses, all of which is described herein (Proposal No. 2008SP-002U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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 third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Murray moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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

SUBSTITUTE BILL NO. BL2008-214

An ordinance amending Chapter 5.16 of the Metropolitan Code to authorize the collection of a forty-five dollar ($45.00) “victims assistance assessment”, and to designate victims assistance programs to receive funds collected through the assessment. Mr. Jameson offered a second substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SECOND SUBSTITUTE BILL NO. BL2008-214

An ordinance amending Chapter 5.16 of the Metropolitan Code to authorize the collection of a forty-five dollar ($45.00) “victims assistance assessment”, and to designate victims assistance programs to receive funds collected through the assessment. The bill was approved by the Budget and Finance Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2008-231

An ordinance authorizing the Metropolitan Government to participate with E. Phillips Development, L.L.C., to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Ravenwood Pumping Station. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Stanley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2008-235

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, CL and CS to SP zoning properties located at 4412, 4416, and 4424 Bass Avenue and Nolensville Pike (unnumbered), approximately 1,760 feet north of Haywood Lane (2.01 acres), to permit an existing 5,300 square foot auto repair shop, auto sales and repair business in a 3,200 square foot office, and 3 single-family lots and 1 duplex lot, all of which is described herein (Proposal No. 2008SP-012U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (36); “Noes” (0); “Abstaining” Coleman (1).

BILL NO. BL2008-236

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 SP zoning for properties located at 1623 and 1625 7th Avenue North, at the southwest corner of 7th Avenue North and Garfield Street (0.38 acres), to permit the development of 5 single-family detached units, all of which is described herein (Proposal No. 2008SP-016U-08). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Ms. Gilmore moved to defer the bill indefinitely, as a site plan still needs to be filed with the Department of Public Works, the bill being requested by Richard C. Hazzard, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-237

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 AR2a district property located at Collins Road (unnumbered), approximately 2,850 feet west of Highway 100 (100 acres), all of which is described herein (Proposal No. 2008Z-052G-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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2008-239

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 canceling a portion of a Residential Planned Unit Development located at 5031 Hillsboro Pike, abutting the west margin of Hillsboro Pike south of Castleman Drive, and located in the St. Paul’s Southern Methodist Church Planned Unit Development (1.65 acres), approved for a 100 bed nursing home facility, all of which is described herein (Proposal No. 49-87-P-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Todd moved to defer the bill on third reading, the bill being requested by Wamble and Associates, PLLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-240

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 RS40 to RS20 district property located at 8281 Collins Road, approximately 320 feet north of Highway 100 (1.63 acres), all of which is described herein (Proposal No. 2008Z-049G-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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2008-241

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 Historic Bed & Breakfast Overlay District to property located at 3137 Long Boulevard, approximately 180 feet north of Mason Avenue (0.26 acres), zoned RM40 and located within the 31st and Long Boulevard Urban Design Overlay District, all of which is described herein (Proposal No. 2008Z-057U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Garrett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Garrett, on behalf of the sponsor, moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2008-242

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 R8 district to CS district property located at 2119 Antioch Pike, approximately 963 feet south of Haywood Lane (0.6 acres), all of which is described herein (Proposal No. 2008Z-060U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Dominy moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2008-243

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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Murray, Cole, Bennett, Forkum, Jernigan, Gotto, Burch, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (28); “Noes” Stanley (1); “Abstaining” Hunt, Craddock, Ryman, Claiborne, Dominy, Duvall (6).

BILL NO. BL2008-245

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.40 to require all amendments to the official zoning map or zoning regulations to be submitted to the department of law for approval as to form and legality. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Foster offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Coleman, Duvall, Todd, Mitchell (33); “Noes” Toler (1); “Abstaining” Wilhoite (1).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2008-378

A resolution requesting the Mayor’s Office and the Metropolitan Department of General Services to prepare a report regarding the feasibility of installing GPS devices in Metro vehicles. The resolution was approved by the Budget and Finance Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2008-379

A resolution requesting the Metropolitan Board of Public Education to consider requiring an appropriate level of decorum during Metro Nashville Public Schools’ graduation ceremonies. The resolution was approved by the Education Committee. Mr. Gotto moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2008-380

A resolution requesting the Mayor to consider proposing tax abatements and/or other incentives for Nashville-Zeledyne LLC. The Budget and Finance Committee recommended indefinite deferment. Mr. Baker moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-381

A resolution requesting the Davidson County Election Commission to purchase or lease optical scanner voting machines if additional voting machines are required for the 2008 elections. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Todd moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-382

A resolution requesting the Metropolitan Department of Public Works and the Traffic and Parking Commission to consider designating certain areas of Davidson County as special event speed zones. The resolution was approved by the Public Works and Traffic and Parking Committees. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).