Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, November 18, 2008


The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilman Eric Crafton.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (39); Absent: Burch, Stanley (2).

The Minutes of the adjourned meeting of November 6, 2008, were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

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

Rule 20 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) shall be and the same is hereby amended by deleting the second sentence of the Rule in its entirety and substituting in lieu thereof the following new second sentence:

“The Metropolitan Clerk shall advertise such ordinance for public hearing and second reading; however, no public hearing shall be held by the Council until the recommendation of the Planning Commission has been submitted to the Metropolitan Clerk or at least thirty (30) days has elapsed from the date of referral to the Planning Commission without a recommendation.”

Mr. Gotto moved to defer the proposed amendment to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Hospital Authority
Reappointment of Mr. Waverly D. Crenshaw, Jr. for a term expiring November 4, 2013. At the request of the nominee, the confirmation was deferred to December 16, 2008.

Property Standards and Appeals Board
Reappointment of Mr. Carroll Richardson for a term expiring August 6, 2012. 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.

Sexually Oriented Business Licensing Board
Reappointment of Mr. Johnny Crumby, Sr. for a term expiring October 7, 2012. 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.

Reappointment of Mr. Blake Freeman for a term expiring October 7, 2012. 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.

Transportation Licensing Commission
Reappointment of Mr. Tom Turner for a term expiring October 10, 2010. 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.

Appointment of Mr. Quenton White for a term expiring October 10, 2010. At the request of the nominee, the confirmation was deferred.

Wastewater Hearing Authority
Reappointment of Dr. Robert Wingfield, Jr. for a term expiring October 1, 2010. 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.

- RESOLUTIONS -

RESOLUTION NO. RS2008-533

A resolution to approve the execution and delivery of a loan agreement for the purpose of providing funds to refund certain outstanding bonds heretofore issued by The Metropolitan Government of Nashville and Davidson County. 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” Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Page, Moore, Durbin, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Dominy, Hodge, Toler, Duvall, Todd, Mitchell (30); “Noes’ Garrett, Maynard, Claiborne, Crafton, Evans, Foster (6); “Abstaining” Coleman (1).

RESOLUTION NO. RS2008-534

A resolution approving an application for the Neighborhood Stabilization Program (NSP) Grant from the U.S. Department of Housing and Urban Development to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Development and Housing Agency. The resolution was approved by the Federal Grants Review Committee. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-535

A resolution approving the Benefit Board’s waiver of repayment of disability pension benefit overpayments for George Coleman under Section 3.08.230 of the Metropolitan Code. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Moore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-536

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare adults for re-entry into the labor force and training for those facing serious barriers to employment (09-09-FY9-209-ADULT). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-537

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to increase occupational skill attainment for Bridgestone employees (09-09-FY9-1SS-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2008-538

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, for programs to prepare dislocated workers for re-entry into the labor force (09-09-FY9-409-DSLWK). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-539

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to coordinate resources and ensure the effective and efficient delivery of workforce services in Workforce Development Area Nine. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-540

A resolution approving an amendment to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide tobacco use prevention services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-541

A resolution approving a data use agreement by and between Vanderbilt University Medical Center and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-542

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide rapid HIV testing services to 3,500 at risk individuals in a clinical setting. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-543

A resolution approving an amendment to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to support the delivery of public health 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-544

A resolution approving an amendment to a grant from the State of Tennessee, Department of Mental Health and Developmental Disabilities, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for drug and alcohol abuse services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-545

A resolution approving a clinical affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Tennessee State University to provide clinical experience for students enrolled in the School of Nursing Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-546

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 operate a substance abuse treatment program for homeless clients at the Homeless Clinic Facility. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Durbin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-547

A resolution accepting a grant/ approving a cooperative agreement between the U.S. Department of Homeland Security and The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, to support port-wide risk management for the Port of Nashville. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-548

A resolution approving an application for the LE Grant from the National Association of Drug Diversion Investigators to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the investigation of prescription drug diversion cases. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-549

A resolution authorizing the Metropolitan Government of Nashville and Davidson County to participate in the Local Government Energy Efficiency Loan Program to be administered by the Tennessee Department of Economic and Community Development, and for the Metropolitan Mayor to sign all documents to apply for, receive and administer the program funding. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-550

A resolution approving an application for the Coca-Cola Recycling Bins Grant from the Coca-Cola Company to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Public Works Committee. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-551

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville & Davidson County for the purchase and removal of 4802, 4806, 4810 Milner Drive and 373 Wimpole Drive which lie in repetitively flooded areas. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-344

An ordinance amending Chapter 6.06 of the Metropolitan Code to amend the definition of “after hours establishment”, and to prohibit such establishments from allowing the consumption of alcoholic beverages upon the premises. 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. BL2008-345

An ordinance amending Title 15 of the Metropolitan Code to create a stormwater master planning district. 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. BL2008-346

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2008M-182). 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. BL2008-347

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 1515 Lebanon Pike, 820 Dominican Drive, Highway 70 South, 2406 Crestmoor Road, 3514 Pin Hook Road, 3334 Hamilton Church Road, 901 South 5th Street, 7201 Charlotte Pike, 726 Old Hickory Boulevard, 6509 Charlotte Pike, 8400 Highway 100, 1900 Belmont Boulevard, 2321 Crestmoor Road, 1608 County Hospital Road, 841 Briley Parkway, 6000 Highway 100, 3300 Elm Hill Pike, 5820 Nolensville Pike, 7100 Highway 70 South, 5621 Charlotte Pike, 310 Oceola Avenue, Hicks Road, 4540 Trousdale Drive, Dickerson Pike, and 2440 Music Valley Drive. 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. BL2008-348

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 Century Boulevard right-of-way (Proposal Number 2008M-169U-14). 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.

Without objection, the rules were suspended to call up Bill No. BL2008-326 which is scheduled for public hearing in January.

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 (Proposal No. 2008Z-087T). The bill was disapproved by the Planning Commission. Ms. Page moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND READING -

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 deferment. Mr. Gotto offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Gotto moved to defer the bill on second reading, as amended, to the second meeting in December, 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. Mr. Tygard moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

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. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Traffic and Parking Commission, Public Safety-Beer and Regulated Beverages and Traffic and Parking Committees. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-324

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). The bill was disapproved by the Planning Commission. Mr. Harrison offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE 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 RS7.5, 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 retail, office, warehouse and industrial campus and open space, all of which is described herein (Proposal No. 2008SP-025U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Harrison moved to defer the bill on second reading, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

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 and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-330

An ordinance amending Title 2, Chapter 2.128 of the Metropolitan Code of Laws to broaden the necessary qualifications for Executive Director of the Historical Commission. The bill was approved by the Personnel-Public Information-Human Relations-Housing and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-331

An ordinance amending Chapter 10.18 of the Metropolitan Code of Laws pertaining to the prohibition of smoking in Metropolitan buildings. The bill was approved by the Health, Hospitals and Social Services Committee. Mr. Durbin moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-332

An ordinance amending Section 10.64.015 of the Metropolitan Code to exempt certain group homes from the required installation of sprinklers when the homes’ occupants can evacuate promptly. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Hodge moved to pass the bill on second reading and re-refer the bill to the Codes, Fair and Farmers Market Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-335

An ordinance abandoning an 8” sanitary sewer line and easement and the 10”, 8” and 4” water lines and easements in connection with Project 07-SL-0128 and 07-WL-0080, Carothers Crossing, Phase 3, Section 1, shown on Map 188, Parcels 4, 5, 33, 36, 182, and 183, located at 7156, 7107, 7176, 7140 Carothers Road, authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-093G-12). 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. BL2008-336

An ordinance abandoning an 8 inch sanitary sewer line and easement and replacing such with an 8 inch sanitary sewer and easement in connection Project 07-SL-0192, 3717 West End Subdivision, shown on Map 104-09, Parcels 180 and 277, 3717 West End Avenue and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-114U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-337

An ordinance abandoning an 8 inch sanitary sewer line and easement and installing a manhole in connection Project 08-SL-0057, shown on Map 093-09, Parcels 293-297, 1200 Laurel Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-138U-9). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-338

An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee with an amendment. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore 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. BL2008-339

An ordinance authorizing the acquisition of certain right-of-way easements and construction easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of the Public Works Department Project No. 08-B-01, Cato Road Bridge (Proposal No. 2008M-152G-3). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-340

An ordinance approving and accepting a contribution in the amount of $110,000 from Murphy Development, LLC for purposes of Transportation Infrastructure Improvements in the Swiss Avenue Area. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-341

An ordinance approving and accepting a contribution in the amount of $133,500 from Centex Homes for purposes of Transportation Infrastructure Improvements in the Southeast Infrastructure Deficiency Area associated with the Carter Property (Proposal No. 2006SP-112G-12). The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-342

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 Acklen Avenue right-of-way (Proposal No. 2008M-173U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Budget and Finance, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Durbin moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-343

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. 616 right-of-way (Proposal Number 2008M-049U-8). The bill was disapproved by the Planning Commission and Traffic and Parking Commission; the bill was approved by the Budget and Finance, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2007-44

An ordinance amending Chapter 17.04, 17.08, 17.12, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, to delete "mobile vendor" as a use, to add a new definition of “outdoor vendor”, to designate outdoor vendor as a use, and to add certain conditions applicable to outdoor vendors, all of which is more specifically described herein (Proposal No. 2007Z-176T). The Planning, Zoning and Historical Committee made no recommendation. Mr. Craddock moved to pass the bill on third reading, which motion was seconded. Ms. Murray offered Amendment No. 1 and moved for its adoption, which motion was seconded. Mr. Craddock moved to table the motion to adopt, which motion was seconded and failed by a voice vote of the Council. . The matter recurred on the motion to amend, which motion failed by a roll call vote of the Council. Ms. Barry moved to defer the bill indefinitely at the request of the sponsor, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-109

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Planned Unit Development district approved by Ordinance No. O95-41 and subsequently revised by the Metropolitan Planning Commission for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres), zoned RS7.5, R15, and RS20, permitted for 884 multifamily units and 116 single-family lots, to include additional conditions pertaining to the dedication of a school site and improvements within the Infrastructure Deficiency Area, all of which is more particularly described herein (Proposal No. 95P-025U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman offered Amendment No. 2 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

Without objection Bill Nos. BL2008-232, BL2007-233 and BL2008-234 were considered together.

BILL NO. BL2008-232

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 cancelling the McCrory Creek Business Park Planned Unit Development located at 851 McCrory Creek Road, 2984 Elm Hill Pike, McCrory Creek Road (unnumbered) and Neilworth Lane (unnumbered), at the northeast corner of Elm Hill Pike and McCrory Creek Road (69.09 acres), zoned CS and approved for 735,000 square feet of office uses, all of which is described here in (Proposal No. 2005P-034G-14). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment.

BILL NO. BL2008-233

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 cancelling a portion of the Niagara Place Planned Unit Development located at McCrory Creek Road (unnumbered) and Elm Hill Pike (unnumbered), at the end of Niagara Drive (25.08 acres), zoned R10 and approved for 90 single-family lots and proposed for Specific Plan zoning, all of which is described herein (Proposal No.110-84-G-14). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment.

BILL NO. BL2008-234

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS and R10 to SP zoning for the McCrory Creek development located at 559, 635, 637, 761, and 851 McCrory Creek Road, McCrory Creek Road (unnumbered), 2984 and 2998 Elm Hill Pike, Elm Hill Pike (unnumbered), and Neilworth Lane (unnumbered), on the south side of McCrory Creek Road north of I-40 (185.94 acres), zoning to permit 2,700,000 square feet office and retail/commercial space, all of which is described herein (Proposal No. 2008SP-013G-14). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment.

At the request of the sponsor, Mr. Gotto moved to defer the bills to the second meeting in January, the bills being requested by LandDesign, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-285

An ordinance amending Section 17.40.770 of Title 17 the Metropolitan Code, Zoning Regulations, to waive Board of Zoning Appeals application fees for certain applications filed by Members of Council, all of which is more specifically described herein. The Planning Commission made no recommendation; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Jernigan offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jernigan moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2008-299

An ordinance amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to create "after hours establishment" as a use permitted with conditions, and to provide restrictions and conditions regarding the location of after hours establishments, all of which is more particularly described herein (Proposal No. 2008Z-082T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Page moved to defer the bill on third reading as amended so that it will track with other legislation, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance Committee. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committee. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Coleman moved to defer the bill indefinitely, the bill being requested by ALDI Inc., which motion was seconded and adopted 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 and Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0); “Abstaining” Dominy (1).

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 and Planning, Zoning and Historical Committee. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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 Wright Lane, Hobson Pike, S. Mt. Juliet Road, Palomino Place, Pugh Road, Stewarts Ferry Pike, and Thoroughbred Drive (2265.98 acres), all of which is described herein (Proposal No. 2008Z-078G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Duvall moved to defer the bill indefinitely, which motion was seconded and adopted 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

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 (Proposal No. 2008Z-086T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Page moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2008-552

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to consider the introduction and support of legislation that would require ninety days written notice to a homeowner prior to a lender initiating foreclosure proceedings. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Toler, Coleman, Todd, Mitchell (35); “Noes” Foster, Hodge, Duvall (3).

RESOLUTION NO. RS2008-553

A resolution requesting the Metropolitan Planning Department to develop a plan for the equitable distribution of affordable housing throughout Metropolitan Nashville and Davidson County. The Planning, Zoning and Historical Committee recommend withdrawal. Mr. Hunt moved to defer the resolution and re-refer the resolution to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-554

A resolution requesting the citizens of Nashville and Davidson County to sign the T. Boone Pickens’ Energy Independence Plan pledge and encourages everyone to support this plan. The Rules-Confirmations-Public Elections Committee recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.