Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, October 7, 2008


The Metropolitan Council met in regular session on this date at 5:30 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilman Jerry Maynard.

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

The Minutes of the regular meeting of September 16, 2008, were approved.

- ELECTIONS AND CONFIRMATIONS -

Health and Educational Facilities Board
The President called for nominations to fill two (2) vacancies on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. Mr. Todd nominated Dr. Elisha Richardson; Mr. Steine nominated Mr. Richard L. Brown. There being no further nominations, the President declared nominations closed. The nominees were referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.

Agricultural Extension Board
Reappointment of Mr. Bill Strasser for a term expiring August 1, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Civil Service Commission
Appointment of Ms. Jo Ann North for a term expiring March 31, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Gas/Mechanical Examiners and Appeals Board
Appointment of Mr. Cal Nielson for a term expiring August 21, 2012. At the request of the nominee, the confirmation was deferred.

Property Standards and Appeals Board
Appointment of Mr. Brian Winfrey for a term expiring July 29, 2012. At the request of the administration, the nomination was withdrawn.

- RESOLUTIONS -

RESOLUTION NO. RS2008-468

This resolution was moved to the heel of the agenda for consideration after action on Ordinance No. BL2008-286.

RESOLUTION NO. RS2008-469

A resolution accepting a grant from the State of Tennessee, Department of State, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Election Commission, for the provision of Certified Voting Equipment. The resolution was approved by the Budget and Finance and Rules-Confirmations-Public Elections Committees. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

RESOLUTION NO. RS2008-470

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Election Commission, and Election Systems & Software, Inc., for the lease of voting equipment. The resolution was approved by the Budget and Finance and Rules-Confirmations-Public Elections Committees. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

RESOLUTION NO. RS2008-471

A resolution accepting a grant from the State of Tennessee, Department of Children’s Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to provide case management and family support services to children at high risk of state custody. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

RESOLUTION NO. RS2008-472

A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide nutrition and transportation services to eligible senior and handicapped clients. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

RESOLUTION NO. RS2008-473

A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide personal care and homemaker services to eligible clients under the options program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

RESOLUTION NO. RS2008-474

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 Hands on Nashville to coordinate the training of community volunteers to activate, operate, and deactivate points-of-dispensing (PODS) for preparedness activities. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (35); “Noes” (0).

RESOLUTION NO. RS2008-475

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, for Community Prevention Initiative services and to provide a coordinator to oversee these services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-476

A resolution approving a grant agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and New Vision, Inc., to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-477

A resolution approving a grant agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Oasis Center (Bailey), to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes” (0); “Abstaining” Steine (1).

RESOLUTION NO. RS2008-478

A resolution approving a grant agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Oasis Center (John Early), to provide community prevention initiative services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes” (0); “Abstaining” Steine (1).

RESOLUTION NO. RS2008-479

A resolution approving a grant agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and STARS Nashville (Sub-Area 5), to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-480

A resolution approving a grant agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and STARS Nashville (Sub-Area 8), to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-481

A resolution approving a grant agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and STARS Nashville (Sub-Area 11), to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-482

A resolution accepting a grant from the State of Tennessee, Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to support participation in the statewide on-line interlibrary loan system. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-483

A resolution approving an Intergovernmental Agreement between the United States Department of Justice, Drug Enforcement Administration (DEA), and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to provide police assistance to the Middle Tennessee Drug Enforcement Task Force. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-484

A resolution approving an Intergovernmental Agreement between The Metropolitan Government of Nashville and Davidson County and the United States Department of Justice by which the Metropolitan Nashville Police Department shall provide police assistance to the Organized Crime Drug Enforcement Task Force. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-485

A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,173, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the sewer line at M.P.0.90 Vine Hill Branch, Nashville, TN. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-486

A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,174, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the sewer line at M.P.1.96. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2008-487

A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,175, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the sewer line at M.P.1.73. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Claiborne moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-306

An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add noise restrictions within the downtown area. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2008-307

An ordinance amending Chapters 12.40 and 12.60 of the Metropolitan Code to prohibit the parking of motor vehicles within bicycle lanes. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2008-308

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2008-2009. 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. BL2008-309

An ordinance approving a license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, and the MPD Community Credit Union for the use of office space at the Criminal Justice Center (Proposal No. 2008M-139). 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 and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2008-310

An ordinance approving a lease agreement between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, for the lease of office space in the Davidson County Public Building and Court House (Proposal No. 2008M-161). 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 and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2008-311

An ordinance approving amendments to agreements between the Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities. 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. BL2008-312

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 right-of-way for Alley No. 86, Alley No. 87 and Alley No. 142 (Proposal No. 2008M-141U-9). 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. BL2008-313

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 Aldi Planned Unit Development (formerly Maxwell Brothers Produce Market) located on a portion of property at 1645 Bell Road, at the northwest corner of Bell Road and Benzing Road, zoned CL (2.94 acres), to permit the development of a l-story, 17,694 square foot retail establishment, replacing a 2,250 square foot retail establishment and to add the remainder of Parcel 41 to the boundaries of the PUD, all of which is described herein (Proposal No. 93P-004U-12). 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. BL2008-314

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, R10, and CS zoning districts to SP zoning to create a new specific plan known as "Bakertown Specific Plan" for properties along Antioch Court, Antioch Pike, Bakertown Road, Cherokee Court, Cherokee Hills Drive, Cherokee Place, Ezell Road, Gasser Drive, Haystack Lane, Jansing Drive, Luna Drive, Rader Drive, and Spann Court (87.79 acres), to establish development and sign standards, and regulate land uses, all of which is described herein (Proposal No. 2008SP-023U-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. BL2008-315

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Institutional Overlay District to Aquinas College which is part of the Dominican Campus located at 4210 A Harding Pike, approximately 2,270 feet east of White Bridge Pike (46.28 acres), zoned R8, for a campus master plan containing a student recreation building, academic buildings, student center, several chapels, a library, a dining hall, an administration building, and several dormitories, all of which is described here in (Proposal No. 2008IN-001U-10). 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. BL2008-316

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 BL2007-1512 of the previously approved Myatt Drive Thornton’s Specific Plan for property located at the southeast corner of Anderson Lane and Myatt Drive (1.87 acres), approved for a 3,740 square foot automobile convenience market with 7 gas pumps, and to permit a 3,755 square foot automobile convenience market with 8 gas pumps, all of which is described herein (Proposal No. 2006SP-162G-04). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-317

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 a portion of property located at Elm Hill Pike (unnumbered), approximately 2,400 feet west of Massman Drive (3.9 acres), to permit an access drive to Elm Hill Pike, all of which is described herein (Proposal No. 2008SP-027U-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. BL2008-318

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 AR2a to RS80 zoning along Bakers Grove Road, Couchville Pike, Granny White Lane, Hobson Pike, Mt. Juliet Road, Palimino Place, Pugh Road, Stewarts Ferry Pike, and Thoroughbred Drive (2265.98 acres), all of which is described herein (Proposal No. 2008Z-078G-13). 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. BL2008-319

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 for various properties on both sides of Whitland Avenue between Wilson Boulevard South and Bowling Avenue, zoned R8 (19.61 acres), all of which is described herein (Proposal No. 2008Z-079U-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. BL2008-320

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 CN to R8 zoning property located at 2616 Buena Vista Pike, approximately 900 feet north of W. Trinity Lane (0.52 acres), all of which is described herein (Proposal No. 2008Z-075U-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. BL2008-321

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 BL2007-1482 of the previously approved Mt. Laurel Reserve Specific Plan for property located at Hicks Road (unnumbered), approximately 1,160 feet east of Sawyer Brown Road (36.25 acres), to permit the development of 129 townhomes where 106 townhomes were previously approved, all of which is described herein (Proposal No. 2007SP-081G-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. BL2008-322

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 for properties located at 6943 and 6947 Burkitt Road and Burkitt Road (unnumbered), approximately 4,200 feet east of Nolensville Pike (46.63 acres), to permit the development of 64 single-family, 80 attached cottage, and 40 townhome units, all of which is described herein (Proposal No. 2008SP-024G-12). The bill was approved by the Planning Commission. Mr. Toler moved to defer the bill to the first meeting in December, the bill being requested by Littlejohn Engineering Associates, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-323

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 CL district property located at 2918 Lebanon Pike, at the northwest corner of Lebanon Pike and Guill Court (1.4 acres), all of which is described herein (Proposal No. 2008Z-064U-14). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2008-324

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 S7.5, R8, and CS to SP zoning properties located at 2832 Whites Creek Pike and Rowan Drive (unnumbered), approximately 1,510 feet south of Briley Parkway (91.97 acres), to permit the development of a mixed retail, office, warehouse and industrial campus and open space, all of which is described herein (Proposal No. 2008SP-025U-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. BL2008-325

An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to amend the definition of "mobile vendor" to exempt vending activity along Cleveland Street. 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. BL2008-326

An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, by making certain automobile and heavy equipment repair, services, and sales uses permitted only within the Specific Plan (SP) district. 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. BL2008-327

An ordinance amending Chapter 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the parking requirements for after hours establishments. 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. BL2008-328

An ordinance amending Chapters 17.24 of Title 17 of the Metropolitan Code, Zoning Regulations, to make the tree density requirements applicable to certain residential development, all of which is more particularly described herein. 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. BL2008-329

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 CF to SP zoning for properties located at 1800 and 1806 West End Avenue and 1801 and 1807 Hayes Street, at the northwest corner of West End Avenue and 18th Avenue North (1.36 acres), to permit the development of a 190,033 square foot, 8-story mixed-use building containing hotel, restaurant and financial institution space, all of which is described herein (Proposal No. 2008SP-021U-10). 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.

- BILLS ON SECOND READING -

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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended withdrawal. Mr. Matthews moved to withdraw the bill as the proposal is not going forward at this time, the bill being requested by Henry Hood, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-281

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 R40 to SP zoning for a portion of property located at 1900 Graybar Lane, at the northwest corner of Graybar Lane and Benham Avenue (2.3 acres), to permit a Class IV daycare facility in an existing 13,725 square foot building, all of which is described herein (Proposal No. 2008SP-018U-10). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee made no recommendation. Mr. McGuire moved to disapprove the bill, which motion was seconded and adopted by the following vote: “Ayes” (23); “Noes” (7) “Abstaining” Jernigan (1).

BILL NO. BL2008-292

An ordinance amending Chapter 6.52 of the Metropolitan Code regarding the types of plumbing work for which a plumbers' license is required, and adding specifications for the three license classifications. The bill was approved by the Codes, Fair and Farmers Market Committee with an amendment. Mr. Ryman 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 second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-293

An ordinance amending Chapters 15.32 and 15.48 of the Metropolitan Code pertaining to the billing procedures and due dates for water and sewer bills. The Budget and Finance and Public Works Committees recommended deferment of the bill 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 defer the bill indefinitely as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-297

An ordinance amending Section 2.222.010 of the Metropolitan Code of Laws pertaining to the acceptance of travel accommodations, lodging, and meals associated with the attendance of conventions or conferences in furtherance of an employee's official duties. The Rules-Confirmations-Public Elections Committee recommended indefinite deferment. Ms. Barry moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-298

An ordinance amending Section 3.40.050 of the Metropolitan Code to provide a minimum service pension benefit for employees with at least five years credited service from and after September 1, 2005. The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. In the absence of the sponsor, Mr. Garrett moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-300

An ordinance 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 for the administration and provision of medical services for the Downtown Clinic for the Homeless. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-301

An ordinance abandoning a 10 foot public utility easement in connection with Project 08-SG-0055, North Summerfield Drive, shown on Map 042-03, Parcel 118.00, North Summerfield Drive and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-123G-4). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical 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. BL2008-302

An ordinance abandoning a 16 inch water line and easement and an adjustment of a 16 inch sanitary sewer manhole vent in connection with Project 08-SL-0044 and 08-WL-0032, John C. Tune Airport, Map 079, Parcel 034.00, 110 Tune Airport Road and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-105U-7). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-303

An ordinance abandoning a 10 inch sanitary sewer line and easement rights and converting same to a Private Service Line easement in connection with Project 08-SL-0054, Bristol Germantown Abandonment, Alley Numbers 221 and 205 associated with Map 082-13, Parcel 203.00, located between Madison and Jefferson Streets and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-124U-8). 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. BL2008-304

An ordinance granting an easement to Lion Oil Company at Van Buren Street in Davidson County for the relocation of an underground fuel delivery pipeline (Proposal No. 2008M-145U-8). 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. BL2008-305

An ordinance authorizing the acquisition of an easement by negotiation or condemnation for use in public projects relating to Project No. 03-WG-116A, Powell Avenue 36 inch Water Main, Phase II, from Seaboard Railroad, Inc. (DBA CSX Railroad) for an access road. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

-BILLS ON THIRD READING-

BILL NO. BL2008-169

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to check cashing, title loan, pawnshops, and cash advance establishments, all of which is more specifically described herein (Proposal No. 2008Z-032T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-284

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to reflect changes in emergency towing costs. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-286

An ordinance creating the positions of Internal Auditor 1, Internal Auditor 2, Senior Internal Auditor, Principal Internal Auditor, and Internal Audit Manager for the Division of Metropolitan Audit of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-288

An ordinance authorizing the Metropolitan Government to participate with McFarlin Woods to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at McFarlin Woods. 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” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-289

An ordinance abandoning a 8" sanitary sewer line and easement and abandonment of a 1" water line and easement that will be replaced by a 8" sanitary sewer line and a 8" water line to be constructed in a dedicated right-of-way in connection Project 07-SL-0185/07-WL-0124, The Woods at Monticello Phase 1, shown on Map 071-01, Parcels 075, 076, 088, and 089, 437 Monticello Street, 2404 Monticello Street, and Monticello Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-092U-3). The bill was approved by the Planning Commission, Public Works 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” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-290

An ordinance abandoning a public utility drainage easement in connection with Project 08-SG-0017, Harding Academy Sports Field, shown on Map 129-10, Parcel 092.00, Project No. 08-SG-0017 and authorizing the execution of such documents needed to carry out said transaction (Proposal No. 2008M-044U-7). 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, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-291

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 right-of-way for Alley No. 1215 (Proposal No. 2008M-076U-7). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-294

An ordinance authorizing the Metropolitan Government to participate with McFarlinwoods LLC, to provide public sewer service in Williamson County to McFarlinwoods, Section 5 & 6, Project No. 03-SL-89. 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” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-295

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 Trousdale Drive right-of-way (Proposal No. 2003M-093U-12). The bill was approved by Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, 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, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

BILL NO. BL2008-296

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 30th Avenue North right-of-way (Proposal No. 2008M-132U-8). The bill was approved by Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (31); “Noes” (0).

-MEMORIALIZING RESOLUTIONS-

RESOLUTION NO. RS2008-488

A resolution requesting the Board of Parks and Recreation to place yellow ribbons in the Public Square to honor the men and women of our Armed Services serving overseas. The resolution was approved by the Parks, Library and Recreation Committee. Mr. Gotto moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (32); “Noes” (0).

RESOLUTION NO. RS2008-489

A resolution supporting the “Divided We Fail” effort. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (32); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2008-468

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County approved under Resolution No. RS2005-872, by adding the positions of Internal Auditor 1, Internal Auditor 2, Senior Internal Auditor, Principal Internal Auditor, and Internal Audit Manager. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Claiborne moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (32); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.