Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, February 3, 2009


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 Randy Foster.

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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (39); Absent: Maynard (1).

The Minutes of the regular meeting of January 20, 2009, were approved.

- ELECTIONS AND CONFIRMATIONS -

Arts Commission

Appointment of Ms. Diane Webb for a term expiring January 1, 2013. At the request of the nominee, the confirmation was deferred.

Cheatham County Rail Authority

The President gave notice of a vacancy on the Cheatham County Rail Authority and announced that an election would be held by the Metropolitan Council at the meeting of February 17, 2009, to fill the two-year term. Deadline for nominations to be submitted in writing to the Metropolitan Clerk is Tuesday, February 10, 2009, at 4:00 p.m.

Nashville and Eastern Rail Authority

The President gave notice of a vacancy on the Nashville and Eastern Rail Authority and announced that an election would be held by the Metropolitan Council at the meeting of February 17, 2009, to fill the two-year term. Deadline for nominations to be submitted in writing to the Metropolitan Clerk is Tuesday, February 10, 2009, at 4:00 p.m.

- RESOLUTIONS -

RESOLUTION NO. RS2009-623

A resolution approving a grant from The Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, to provide 36 pet houses for animals of elderly and low-income families who adopt or need pet housing. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2009-624

A resolution approving an amendment to a grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Fire Department, to establish a fire prevention and awareness program to reduce injuries and fatalities. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommend withdrawal. Mr. Forkum moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-625

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 provide Skill Shortage Program funds for Plumber and Pipefitter Local Union 572 and TRW Automotive - Lebanon (08-09-FY8-3SS-RSPNC). 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2009-626

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 provide Skill Shortage administrative funds for Local Union 572 and TRW Automotive - Lebanon (09-09-FY9-5MN-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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2009-627

A resolution approving an amendment to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County to provide administrative funds to assist the Sheet Metal Workers’ Local Union No. 177 (08-09-FY8-4MN-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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

Without objection, BL2009-371 was called up for consideration at this time.

BILL NO. BL2009-371

An ordinance approving a master agreement between The Metropolitan Government of Nashville and Davidson County and Fifth Third Bank for the purpose of stabilizing the net expense incurred in the purchase of gasoline and/or diesel fuel. 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0); “Abstaining” Evans (1).

At this time the regular order of business resumed.

RESOLUTION NO. RS2009-628

A resolution approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the City of Franklin for the purpose of stabilizing the net expense incurred in the purchase of gasoline and/or diesel fuel prices. 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, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0); “Abstaining” Evans (1).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-374

An ordinance amending Section 17.40.120 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the determination of inactivity of a planned unit development, all of which is more particularly described herein. Mr. Harrison moved to defer the bill indefinitely so that legal opinions can be clarified, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-382

An ordinance amending Chapter 8.04 of the Metropolitan Code pertaining to the fees for the impoundment and boarding of dogs running at large. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.

BILL NO. BL2009-383

An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County and the Tennessee Coalition Against Domestic and Sexual Violence to provide enhanced victim notification services. 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. BL2009-384

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the Park Preserve Planned Unit Development District Overlay on properties located at Brick Church Pike (unnumbered) and Whites Creek Pike (unnumbered), approved for 327 multi-family units and 416 single-family lots for a total of 743 dwelling units (260.43 acres), zoned RM9 and proposed for RS80, all of which is more particularly described herein (Proposal No. 2002P-003-001). Mr. Harrison moved to defer the bill indefinitely while legal opinions are reviewed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-385

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 RM9 zoning to RS80 zoning for properties located at Brick Church Pike (unnumbered) and Whites Creek Pike (unnumbered), (260.43 acres), all of which is described herein (Proposal No. 2009Z-005PR-001). Mr. Harrison moved to defer the bill indefinitely while legal opinions are reviewed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-386

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to CS zoning for property located within a portion of the Charlotte Center Planned Unit Development at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, all of which is described herein (Proposal No. 2008Z-068U-07). The bill was approved by the Planning Commission. 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. BL2009-387

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Charlotte Center Planned Unit Development located at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, zoned R6 and proposed for CS (15.94 acres), to permit 153,231 square feet of retail, restaurant, commercial amusement (indoor), and financial institution uses where 134,578 square feet of retail, restaurant and commercial amusement (indoor) were previously approved, all of which is more particularly described herein (Proposal No. 1-72-U-07). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2009-388

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning and final site plan approval for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to permit wrecker service and automobile repair uses, all of which is described herein (Proposal No. 2009SP-003-001). 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. BL2009-389

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a and RM20 to SP zoning properties located at 1452, 1450, 1448, 1446, and 1444 Bell Road, approximately 3,515 feet west of Blue Hole Road (40.21 acres), to permit the development of multi-family dwelling units, commercial, office and retail uses, all of which is described herein (Proposal No. 2007SP-037U-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. BL2009-390

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning property located at 2007 Lombardy Avenue, approximately 260 feet east of Hillsboro Pike (0.67 acres), to permit the development of eight units, all of which is described herein (Proposal No. 2008SP-029U-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. BL2009-391

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying an Institutional Overlay District to Fisk University located east of Dr. D.B. Todd Boulevard, along 16th Avenue North, 17th Avenue North, Herman Street, Jackson Street, Jefferson Street, Meharry Boulevard, and Phillips Street (44.23 acres), zoned RM20 and within the Jefferson Street Redevelopment District, to identify the proposed campus boundaries and future university planning efforts, all of which is described herein (Proposal No. 2008IN-002U-08). 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. BL2009-392

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan for the Nashville West Planned Unit Development located at 6702, 6704, 6708, 6734, 6806, 6814, and 6816 Charlotte Pike and Charlotte Pike (unnumbered), located between Summerly Drive and I-40 (53.16 acres), to increase the overall PUD square footage from 521,921 to 527,458 square feet of retail, office, and restaurant uses and to eliminate the approved 24 multi-family units, zoned SCR, all of which is more particularly described herein (Proposal No. 2004P-036-001). 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. BL2009-393

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 SCN to CS zoning property located within a Commercial Planned Unit Development at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), all of which is described herein (Proposal No. 2009Z-001PR-001). 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. BL2009-394

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Commercial Planned Unit Development located at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), to permit a 45,773 square foot self-service storage facility, and a possible future park, all of which is more particularly described herein (Proposal No. 8-65P-001). 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. BL2009-395

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to CF zoning for properties located at 607 and 612 10th Avenue North (6.66 acres), on the north side of Jo Johnston Avenue, all of which is described herein (Proposal No. 2009Z-002PR-001). 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. BL2009-396

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 to CS zoning a portion of property located at 619 Due West Avenue, approximately 1,000 feet west of South Graycroft Avenue (0.05 acres), all of which is described herein (Proposal No. 2009Z-007PR-001). 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. BL2009-397

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 Historic Preservation Overlay District to 11 properties located at 4903, 4905, 4907, 4909, 4910, 4911, 4914, and 4918 Tanglewood Drive North, Tanglewood Drive North (unnumbered) and Tanglewood Court (unnumbered), all of which is described herein (Proposal No. 2009Z-001HP-001). 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. BL2009-398

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 to SP zoning properties located at 2412, 2414, 2500, 2502 9th Avenue South, approximately 275 feet north of Montrose Avenue (1.63 acres), to permit the development of 15 cottage units around a common open space, all of which is described herein (Proposal No. 2008SP-036U-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. BL2009-399

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a and CS to IWD zoning a portion of property located at 4032 Stewarts Lane, approximately 1,050 feet south of Ashland City Highway (4.46 acres), all of which is described herein (Proposal No. 2008Z-094U-03). 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. BL2009-400

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 SP zoning properties located at 7860 Learning Lane and 8236 Collins Road, at the northeast corner of Collins Road and Learning Lane (1.58 acres), to permit a 15,824 square foot day care center for up to 175 children, all of which is described herein (Proposal No. 2009SP-001-001). 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. BL2009-401

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Commercial Planned Unit Development district located at 3887 Central Pike, approximately 700 feet east of Old Hickory Boulevard, zoned CS, (1.46 acres), to permit a 4-story, 67 room hotel where a 2-story, 47 room hotel was previously approved, all of which is more particularly described herein (Proposal No. 6-74-G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2009-402

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to OR20 zoning a portion of property located at 361 Flora Maxwell Road (0.25 acres), approximately 205 feet east of Nolensville Pike, all of which is described herein (Proposal No. 2009Z-003PR-001). 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. BL2009-403

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a proposed Planned Unit Development located at 97 Chapel Avenue, at the northwest corner of Chapel Avenue and Eastland Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.26 acres), to permit the existing restaurant of approximately 2,490 square feet an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, all of which is described herein (Proposal No. 2009P-001-001). 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.

Without objection, the rules were suspended to call up Bill No. BL2008-182 in order to schedule the bill for public hearing in March.

BILL NO. BL2008-182

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending BL2005-543 to remove a condition restricting access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (Proposal No. 2008Z-042G-06).

- BILLS ON SECOND READING -

BILL NO. BL2008-351

An ordinance amending Chapter 12.76 of the Metropolitan Code to provide maintenance standards for bridges owned or maintained by railroad companies. The bill was disapproved by the Codes, Fair and Farmers Market and Public Works Committees. Mr. Gotto moved to pass the bill on second reading and refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-352

An ordinance amending Chapters 15.20 and 15.36 of the Metropolitan Code pertaining to the amount of water and sewer capacity charges. The Budget and Finance and Public Works Committees recommended deferment. Mr. Crafton moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-369

An ordinance amending Section 7.08.140 of the Metropolitan Code to prohibit the sale of single cans or bottles of beer by off-sale permit holders in certain areas of Nashville. The Public Safety-Beer and Regulated Beverages Committee recommended deferment 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 defer the bill indefinitely as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-375

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Jackson Street as “Locklayer Street” (Proposal No. 2009M-001SR-001). The bill was approved by the Planning Commission, Emergency Communications District Board, 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.

BILL NO. BL2009-376

An ordinance abandoning an 8 inch sanitary sewer line and easement in connection Project 08-SL-0072, Centennial Medical Center, shown on Map 092-11, Parcel 377.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-178U-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. BL2009-377

An ordinance abandoning an 8 inch sanitary sewer line and easement and one manhole and acceptance of a relocated 8 inch sanitary sewer line and easement and two manholes in connection Project 08-SL-0060, House of God-Keith Dominion TR. S., shown on Map 081-14, Parcels 001, 002, and 176, 2719 and 2717 West Heiman Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-177U-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. BL2009-378

An ordinance authorizing the acceptance of certain easements for stormwater projects located at Tennyson Avenue, 2556 and 2560 Jordan Ridge Drive, 217 Donelson Pike, 1501 Corporate Place, 7661 Highway 70 South, 377 Athens Way, 744 East Argyle Avenue, 544 McMurray Drive, 110 One Mile Parkway, 2712 Shacklett Drive, 3544 Dickerson Pike, Tulip Grove Road, 7240 and 7254 Centennial Place, 2195 Nolensville Pike, East Campbell Road and 101 East Campbell Road, Briley Park Boulevard South and 3366 Briley Park Boulevard South, 1112 Brick Church Pike, 715 Massman Drive, 590 Cheron Road, 431 Old Hickory Boulevard, 105 Linda Court, 7100 Charlotte Pike, 4806 Trousdale Drive, and 104 Gupton Court. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-379

An ordinance authorizing the acquisition of property in fee simple by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 08-SC-0077, Dry Creek, 35 Edenwold Road and 51 Edenwold Road, Edenwold Road, and Myatt Drive (Proposal No. 2008M-176G-4). The bill was approved by the Planning Commission, Budget and Finance, 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. BL2009-380

An ordinance authorizing the Metropolitan Government to participate with Beazer Homes, Bradburn Villages Subdivision, to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Bradburn Village Subdivision. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Duvall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2008-306

An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add noise restrictions within the downtown area. The substitute bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Jameson moved to pass the bill on third reading, 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, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

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 to the second meeting in March while environmental concerns are reviewed, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2008-328

An ordinance amending Chapter 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 (Proposal No. 2008Z-089T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Barry moved to pass the bill on third reading, 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, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

SUBSTITUTE BILL NO. BL2008-345

An ordinance amending Title 15 of the Metropolitan Code to create a stormwater master planning district. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2008-354

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 to AR2a (18.35 acres) and from AR2a to CS (3.2 acres) and IWD (18.6 acres) zoning a portion of properties located at 3952 Stewarts Lane and Stewarts Lane (unnumbered), approximately 1,725 feet south of Ashland City Highway (40.15 acres), all of which is described herein (Proposal No. 2008Z-084U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Matthews moved to pass the bill on third reading, 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, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2008-355

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to R20 zoning property located at 566 Old Hickory Boulevard, approximately 1,100 feet south of Tolbert Road (1.97 acres), all of which is described herein (Proposal No. 2008Z-083G-06). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” Barry, Tygard, Steine (3).

BILL NO. BL2008-366

An ordinance authorizing the Metropolitan Government to participate with Drees Homes to provide public sewer service in Williamson County for Project No. 04-SL-0195. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2008-367

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7220, with the State of Tennessee, Department of Transportation, Project No. 19959-2546-94, to relocate certain facilities, located on the public highway right-of-way of the Chestnut Street Bridge over CSX R/R, LM 1.57, located in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2009-368

An ordinance amending Section 2.44.210 of the Metropolitan Code to allow the Chief of Police of the Metropolitan Nashville Police Department to contract with smaller cities within the area of the Metropolitan Government to provide extra-duty police services. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Todd moved to pass the bill on third reading, 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, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2009-370

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before October 7, 2008. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Harrison moved to pass the bill on third reading, 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, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2009-371

Action on this bill was taken earlier in the meeting.

BILL NO. BL2009-372

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of real property located at the southeasterly corner of Hamilton Church Road and Mt. View Road, further described as a portion of Tax Map 164-00, a portion of Parcels 196 and 193 (Proposal No. 2009M-002PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation 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” Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2009-373

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 Basswood Avenue right-of-way (Proposal No. 2008M-208U-3). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2009-629

A resolution requesting the Tennessee Delegation to the United States Congress to introduce and enact legislation that would allow the U.S. Army Corps of Engineers to lease property to state and local governments for primary grade public education facilities. The resolution was approved by the Education and Parks, Library and Recreation Committees. Mr. Stanley 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, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2009-630

A resolution supporting House Bill 2474, currently pending in the Tennessee General Assembly, which would enable local legislative bodies to enact regulations pertaining to the location of telecommunication towers. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-631

A resolution proclaiming Saturday, March 28, 2009, at 8:30 p.m. as Earth Hour Nashville 2009. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine 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, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.