Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, June 1, 2010


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

President Pro Tempore McGuire presided in the absence of President Neighbors.

The invocation was offered by Reverend Norman T. Roland of Payne-Exum Chapel CME Church.

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

The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd and Mitchell (40); Absent: Neighbors (1).

The Minutes of the regular meeting of May 18, 2010, were approved.

- PROPOSED RULES AMENDMENTS -

The following proposed amendment to the Rules of Procedure of the Metropolitan Council was considered.

1. Rule 1 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) is hereby amended by deleting “13. Memorializing resolutions” from the regular order of business.

2. Rule 8 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) is hereby amended by deleting the second paragraph in its entirety and substituting with the following new paragraph:

“Members of Council shall be prohibited from filing non-binding resolutions other than honorarium resolutions as provided in Rule 24. For purposes of these rules, “non-binding resolutions” include, but are not limited to, resolutions expressing the Council’s desire or position on an issue, and resolutions requesting action or information.”

The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Crafton moved to defer the amendment, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Airport Authority
Reappointment of Ms. Juli Mosley for a term expiring April 6, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Board of Equalization
Reappointment of Mr. Melvin Lowe for a term expiring April 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Christy Wilson for a term expiring April 1, 2012. At the request of the nominee, the confirmation was withdrawn.

Human Relations Commission
Reappointment of Ms. Iris Buhl for a term expiring April 18, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Hal Cato for a term expiring April 18, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Board of Parks and Recreation
Reappointment of Mr. Stan Fossick for a term expiring April 30, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Planning Commission
Appointment of Ms. Ana Escobar for a term expiring March 31, 2014. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Phil Ponder for a term expiring March 31, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Traffic and Parking Commission
Appointment of Mr. John Green for a term expiring April 3, 2014. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Richard Morin for a term expiring April 3, 2015. At the request of the nominee, the confirmation was deferred.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2010-683

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2011. The bill was approved by the Budget and Finance Committee. Mr. Steine requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Petitions were filed in opposition to the bill. The President declared the public hearing closed. Mr. Steine moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded. Ms. Evans moved to defer the bill, which motion was seconded. Mr. Foster moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. The matter recurred on the motion to pass the bill on second reading, which motion was adopted by a roll call vote of the Council.

BILL NO. BL2010-688

An ordinance adopting the Capital Improvements Budget and Program 2010-2011 through 2015-2016 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2010-2011. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Steine requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Steine moved to pass the bill on second reading and re-refer the bill to the Budget and Finance and Planning, Zoning and Historical Committees, which motion was seconded and adopted by a voice vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1213

A resolution approving a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the purpose of providing a summer enrichment program for the neighborhood children of the Cleveland Park Community Center. The resolution was approved by the budget and Finance, Federal Grants Review and Parks, Library and Recreation Committees. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2010-1227

A resolution approving the appropriation of $310,000 of income in the Capitol Mall Urban Development Action Grant (UDAG) to the Metropolitan Development and Housing Agency for the creation of a Shared Services Center for Loews Hotels. The resolution was approved by the Federal Grants Review Committee. Mr. Steine 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

Without objection Resolution Nos. RS2010-1228, RS2010-1229 and RS2010-1230 were considered together.

RESOLUTION NO. RS2010-1228

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County, excluding employees of the Board of Health, Board of Education and the Police and Fire Departments, approved under Resolution No. RS2005-872, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

RESOLUTION NO. RS2010-1229

A resolution amending the pay plan for the employees of the Metropolitan Departments of Fire and Police, approved under Resolution No. RS2005-873, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

RESOLUTION NO. RS2010-1230

A resolution amending the pay plan for employees of The Metropolitan Board of Health, approved under Resolution No. RS2005-874, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Ms. Barry moved to defer the resolutions, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2010-1231

A resolution approving a contract for the continued employment of Donald W. Jones as part time Special Counsel for the Metropolitan County Council. The resolution was approved by the Executive Committee. Mr. Steine 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2010-1232

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 youth for re-entry into the labor force (LW09P101YOUTH11). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1233

A resolution authorizing the submission of an application by the Metropolitan Government as Grantee for Foreign Trade Zone # 78 to request Subzone Status with Manufacturing Authority for Hemlock Semiconductor, L.L.C. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1234

A resolution accepting a grant from Dollar General Literacy Foundation to The Metropolitan Government of Nashville and Davidson County, to provide partial funding for one employee’s salary in the Mayor’s Office of Children and Youth. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1235

A resolution approving an Energy Efficiency and Conservation Block Grant (EECBG) from the U.S. Department of Energy to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville General Services Department, to assist eligible entities in reducing fossil fuel emissions and total energy use and to improve energy efficiency in the building and transportation sectors. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1236

A resolution approving an application for the Sheriff’s Alcohol Awareness for Everyone Program (SAAFE) Grant from The Cal Turner Family Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, to provide funding for one year. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1237

A resolution approving an application for a State JAG TAP Summer Camp Grant from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1238

A resolution approving an application for a Forensic Science Improvement Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1239

A resolution accepting a grant from the U.S. Department of Health and Human Services to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to enhance access to comprehensive high quality, community-based care for low income individuals and families with HIV disease. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION BILL NO. RS2010-1240

A resolution accepting a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to perform Section 106 environmental review necessary for development proposals using federal funds to determine potential adverse effects to historic properties. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Gotto moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1241

A resolution authorizing the financing for the construction of a sewage treatment works project, Mill Creek Parallel Sewer Project, Project No. 07-SG-0182, including the execution of applications, contractual agreements, and other necessary documents in order to obtain a loan from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, and making certain representations regarding financing for loan repayment. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1242

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Charles L. Townsend, Sr. against The Metropolitan Government of Nashville and Davidson County in the amount of $6,500.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

Without objection, the rules were suspended for consideration of two (2) late resolutions.

RESOLUTION NO. RS2010-1243

A resolution approving The Metropolitan Government of Nashville and Davidson County’s application for Public Assistance from the Federal Emergency Management Agency pursuant to the Disaster Relief Act. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1244

A resolution authorizing Trial Lawyers Institute, Inc., to install, construct and maintain an aerial encroachment at 101 Church Street for Boswell’s Music City Harley-Davidson (Proposal No. 2010M-004EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-695

An ordinance approving Tennessee Code Annotated Section 67-5-603(d) which permits proration of the annual real property tax assessments of certain properties affected by a disaster certified by the Federal Emergency Management Agency (“FEMA”). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2010-696

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 and a portion of Alley No. 436 (Proposal No. 2010M-007AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2010-697

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 Shelby Avenue (Proposal Number 2010M-008AB-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2010-698

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to SP zoning for property located at 4414 Westlawn Drive, approximately 200 feet north of Sloan Road (0.18 acres), to permit single-family residential, medical and general office uses within an existing single-family structure not to exceed 1,999 square feet in floor area, all of which is described herein (Proposal No. 2010SP-004-001). 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. BL2010-699

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 Villages of Riverwood Urban Design Overlay District, located at the southwest corner of Hoggett Ford Road and Dodson Chapel Road (219.8 acres) classified RM9 and MUN, to modify the conditions of approval in the adopted Council Ordinance BL2004-325 to require an updated Traffic Impact Study with the submittal of each Final Site Plan submittal to the Planning Commission and to also require the applicant to comply with any new requirements of the new Traffic Impact Study, all of which is more particularly described herein (Proposal No. 2004UD-002-002). 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. BL2010-700

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 Neighborhood Landmark District for property located at 358 Bellevue Road, approximately 310 feet east of Old Harding Pike (0.76 acres), zoned RS15, all of which is described herein (Proposal No. 2010NL-001-001). 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. BL2010-701

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 to SP zoning properties located at 1282 and 1300 Rural Hill Road, approximately 600 feet west of Bell Road (8.96 acres), to permit an 89 unit multi-family residential development, all of which is described herein (Proposal No. 2009SP-018-001). 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. BL2010-702

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 Neighborhood Landmark District for properties located at 108 and 112 Leena Belle Avenue, at the northwest corner of Leena Belle Avenue and E. Maple Street (1.26 acres), zoned RS5, all of which is described herein (Proposal No. 2010NL-002-001). 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. BL2010-703

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 Rosedown Residential Planned Unit Development district located at 6515 Holt Road, approximately 1,500 feet east of Redmond Lane, zoned RS10 and proposed for AR2a, (6.6 acres), approved for 17 single-family lots, all of which is described herein (Proposal No. 2004P-023-001). 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. BL2010-704

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to AR2a zoning for property located within the Rosedown Residential Planned Unit Development Overlay at 6515 Holt Road, approximately 1,500 feet east of Redmond Lane (6.6 acres), all of which is described herein (Proposal No. 2010Z-016PR-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. BL2010-705

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 Dinwiddie Square Residential Planned Unit Development District Overlay on properties located at 2401 Fairfax Avenue and at Fairfax Avenue (unnumbered), at the southwest corner of Fairfax Avenue and 24th Avenue South, approved for seven multi-family dwelling units (0.64 acres), zoned RS7.5, all of which is described herein (Proposal No. 286-84P-002). 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. BL2010-706

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 properties located at 4243 and 4301 Hermitage Road, approximately 2,100 feet north of Lebanon Pike (8.32 acres), to permit an assisted living facility, an independent living facility and/or multifamily uses with a maximum floor area ratio (FAR) of 0.65 (or 235,579.5 square feet), all of which is described herein (Proposal No. 2010SP-007-001). 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. BL2010-707

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 for properties located at Solon Drive (unnumbered) and at Rosebank Avenue (unnumbered), approximately 200 feet north of Carter Avenue (3.99 acres), to permit 15 single-family dwelling units, all of which is described herein (Proposal No. 2010SP-006-001). 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. BL2010-708

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 and RM20 to R8 zoning for properties located at 2113 Cliff Drive and Cliff Drive (unnumbered), approximately 625 feet north of Clarksville Pike (3.09 acres), all of which is described herein (Proposal No. 2010Z-012PR-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. BL2010-709

. An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to modify definitions and regulations pertaining to floodplain development and associated application reviews, all of which is more particularly described herein (ProposalNo.2010Z-013TX-001). Mr. Jernigan moved to defer the bill to the first meeting in August while development of a more comprehensive bill is underway, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2010-650

An ordinance amending Chapters 12.44 and 13.40 of the Metropolitan Code to provide notice to disabled drivers of the state law prohibition on parking charges. The Budget and Finance, Public Works and Traffic and Parking Committees recommended deferment. Mr. Gotto moved to defer the bill to the first meeting in August while signage and other issues are worked out with the Department of Public Works, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-679

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending portions of the adopted building and mechanical codes. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-680

An ordinance approving a license agreement between Vanderbilt University Medical Center and The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers’ Market, for certain real property located at 201 25th Avenue South, Nashville, Tennessee, 37240, commonly known as the courtyard between Langford Auditorium and Vanderbilt University Medical Center, Nashville, Tennessee. The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-681

An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County and the Tennessee Sheriffs’ Association to provide enhanced victim notification services. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-682

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 43rd Avenue North and a portion of Alley No. 1203 (Proposal No. 2010M-003AB-001). The bill was approved by the Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on second reading and re-refer the bill to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-684

An ordinance establishing the tax levy in the General Services District for the Fiscal Year 2010-2011, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to section 6.07 of the Metropolitan Charter. The bill was approved by the Budget and Finance Committee. Mr. Steine moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-685

An ordinance creating and enacting Chapter 6.74 of the Metropolitan Code of Laws to regulate motorized, non-taxi passenger vehicles for hire. The bill was approved by the Budget and Finance; Convention, Tourism and Public Entertainment Facilities; Public Safety-Beer and Regulated Beverages; and Transportation and Aviation Committees with amendments. Mr. Garrett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Mitchell offered Amendment No. 2 and moved for its adoption, which motion was seconded. Mr. Gotto moved to table Amendment No. 2, which motion was seconded and failed by a roll call vote. Mr. Steine moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council with Mr. Todd abstaining.

BILL NO. BL2010-686

An ordinance establishing a litter fee for certain individuals convicted of driving under the influence. The bill was approved by the Budget and Finance Committee. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-687

An ordinance amending Section 2.56, Article VIII, of the Metropolitan Code to create a separate traffic safety school and DUI school. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-689

An ordinance waiving the first one thousand, three hundred dollars, ($1,300) of fees for building permits from the Codes Department of the Metropolitan Government, for up to one hundred thousand dollars ($100,000) of repairs or rebuilding, when sought for repairing or rebuilding property damaged as a result of the severe weather from May 1 to May 2, 2010, if such permits are obtained on or before July 30, 2010. The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-690

An ordinance abolishing the Metropolitan Government’s Convention Center Commission by repealing Chapter 2.124 of the Metropolitan Code of Laws and approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the Convention Center Authority of the Metropolitan Government for administrative, financial, operational, and management services and appropriating compensation to the Finance Department. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-691

An ordinance amending the Metropolitan Code of Laws to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Hollin moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-692

An ordinance authorizing the Director of Parks and Recreation to accept, execute and record an agreement for grant of easement in favor of the Metropolitan Government for use in connection with development of the Harpeth River Greenway (Proposal No. 2010M-024ES-001). The bill was approved by the Planning Commission; Parks, Library and Recreation; 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. BL2010-693

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 Peabody Street (Proposal Number 2010M-006AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Jameson 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. BL2010-637

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County relative to “Recycling Facility” in Nashville and Davidson County (Proposal No. 2010Z-007TX-001), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-652

An ordinance amending Section 16.24.380 of the Metropolitan Code to allow the use of alternative forms of lighting in the common halls and stairways of residential occupancies. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2010-676

An ordinance approving a donation agreement between Rhonda A. Martocci and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the donation of one Tennessee Walking Horse, The Autobahn. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2010-677

An ordinance repealing BL2009-453 in its entirety and adopting an ordinance abandoning a 21 inch sanitary sewer line and easement and accepting a relocated 21 inch sanitary sewer line and easement and three manholes in connection with Project 08-SL-0093, Hill Center, 6604 and 6616 Charlotte Pike, shown on Map 102, Parcels 33 and 53, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-229U-7). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2010-678

An ordinance amending Chapter 15.04 and Chapter 15.60 of the Metropolitan Code of Laws relating to industrial waste discharges. The bill was approved by the Public Works Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.