Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, January 15, 2008


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

The invocation was offered by Pastor Darrell Drumwright of Temple Baptist Church.

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

The Minutes of the adjourned meeting January 8, 2008, were approved.

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

- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Reappointment of Ms. Linda Lively for a term expiring November 5, 2009. At the request of the nominee, the confirmation was deferred.

- RESOLUTIONS -

RESOLUTION NO. RS2007-64

A resolution authorizing Access Fiber Group, Inc. to install, construct and maintain fiber optic cable as an aerial encroachment along an existing pole line within Davidson County (Proposal No. 2007M-210). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hunt moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Duvall, Todd, Mitchell (37); “Noes” (0); “Abstaining” Wilhoite (1).

SUBSTITUTE RESOLUTION NO. RS2007-78

A resolution approving an Economic Impact Plan for the Bellevue Center Development Area. The Budget and Finance Committee recommended deferment. Mr. Crafton moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2007-92

A resolution appropriating the amount of $ 25,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Juvenile Court of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-93

A resolution appropriating the amount of $ 200,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the County Clerk of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-94

A resolution appropriating the amount of $ 750,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Fire Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-95

A resolution appropriating the amount of $ 1,430,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Police Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-96

A resolution appropriating the amount of $ 55,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metropolitan Clerk of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-97

A resolution appropriating the amount of $ 40,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Finance of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Jernigan, Gotto, Burch, Stanley, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Todd, Mitchell (33); “Noes” Claiborne, Dominy, Duvall (3); “Abstaining” Ryman (1).

RESOLUTION NO. RS2007-98

A resolution appropriating the amount of $ 1,250,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Public Library of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Parks, Library, and Recreation Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-99

A resolution appropriating the amount of $ 85,900.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Information Technology Services Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-100

A resolution appropriating the amount of $ 61,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Health of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-101

A resolution appropriating the amount of $ 1,022,500.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the General Services Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee with an amendment. Mr. Ryman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Cole moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2007-102

A resolution appropriating the amount of $ 65,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Law Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-126

A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County by and through the Metropolitan Social Services Commission to provide personal care, homemaker, meal delivery, and caregiver support services. The resolution was approved by the Budget and Finance Committee and Health, Hospitals & Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-127

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 to make resources available to the Accredo Company to establish programs that enhance productivity. (08-09-FY8-2FT-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-128

A resolution approving a grant from The Supreme Court of Tennessee, Administrative Office of the Courts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for the purchase of hardware and software for the conversion of analog courtroom recording to digital courtroom recording. The resolution was approved by the Budget and Finance Committee with an amendment. Mr. Cole offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Cole moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-129

A resolution approving an application for a grant for three fire prevention and awareness programs from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department. The resolution was approved by the Budget and Finance Committee; the Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2008-130

A resolution approving an application for a Gang Resistance Education and Training Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-131

A resolution accepting a grant from the National Association of Drug Diversion Investigators, Inc. 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. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-132

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 to support the implementation of Buffer Zone Plans outside the perimeter of identified critical infrastructures. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-133

A Resolution approving the exercise of fee simple acquisition option for the purchase of various flood prone property, for Metro Water Services Project No. 02-D-149 (Proposal No. 2002M-111U-12). The resolution was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-134

A resolution authorizing The Metropolitan Department of Law to compromise and settle the recovery claim of The Metropolitan Government of Nashville and Davidson County against Hamlin Mooreland. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

Without objection the rules were suspended for consideration of a late resolution

RESOLUTION NO. RS2008-138

A resolution to appropriate additional grant funds from the Tennessee Department of Human Services to the Metropolitan Action Commission for the Low Income Home Energy Assistance Program (LIHEAP). The resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-112

An ordinance approving the disposition of certain parcels of surplus property by the Director of Public Property listed as Davidson County Tax Map 086, Parcels 754 and 755 (Proposal No. 2007M-122G-14A-B). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-113

An ordinance accepting a donation to The Metropolitan Government of Nashville and Davidson County by Cornerstone Church for the use and benefit of the Metropolitan Nashville Police Department and the Nashville Fire Department. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2008-114

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 Landmark Overlay to property located at 4508 Charlotte Avenue, 4509 Alabama Avenue, and 4511 Alabama Avenue for the Charlotte Avenue Church of Christ (.72 acres), all of which is described herein (Proposal No. 2007Z-182G-07). 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, with Ms. Langster “abstaining”.

BILL NO. BL2008-115

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of “two-family” structure to include two detached dwelling units, all of which is more particularly described herein (Proposal No. 2006Z-022T). 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.

- BILLS ON SECOND READING -

BILL NO. BL2007-101

An ordinance amending Title 3 of the Metropolitan Code pertaining to medical care benefits for retired or disabled employees. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. 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. BL2007-102

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Luna Court between Cherokee Hills Drive and Gasser Drive as “Luna Circle” (Proposal No. 2007M-211U-13). The bill was approved by the Planning Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Dominy moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-103

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way for Alley No. 1893 (Proposal No. 2007M-242U-11). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Ms. Page moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-104

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way for Alley No. 236 (Proposal Number 2007M-179U-10). The bill was disapproved by the Planning Commission and approved by the Traffic and Parking Commission, Public Works, and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Ms. Gilmore moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-105

An ordinance authorizing Olive Branch Baptist Church to install, construct and maintain a sign encroachment, consisting of warning traffic beacons in the right-of-way, at 5988 Cane Ridge Road (Proposal No. 2007M-239G-12). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. In the absence of the sponsor, 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. BL2007-106

An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 2E, Project No. 06-SL-70. 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. BL2007-107

An ordinance authorizing the Metropolitan Government to participate with Turnberry Homes to provide public sewer service in Davidson and Williamson County to Catalina Phase 1, Project No. 07-SL-6. The bill was approved by the Budget and Finance and Public Works 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. BL2007-108

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 1525 Natchez Trace, 200 West Maplewood Lane, 1700 18th Avenue South, 7689 Highway 70 South, Sidco Drive, 4044 Andrew Jackson Way, 1900 Eastland Avenue, 1136 Myatt Boulevard, 714 Stewarts Ferry Pike, 322 Hermitage Avenue, 2050 and 2054 Rosa L Parks Boulevard, Temple Road, Hurricane Creek Boulevard, 1501 Chadwell Drive, 1413, 1415, 1411 4th Avenue North, 4th Avenue North, and 501 Church Street. 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. BL2008-111

An ordinance amending Title 3 of the Metropolitan Code pertaining to health insurance benefits for members of the Metropolitan Council, all of which is more particularly described herein. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council, with the following members “Abstaining”: Page, Duvall, Hodge, Evans (4).

- BILLS ON THIRD READING -

BILL NO. BL2007-45

An ordinance amending Section 17.40.410 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow the Historic Zoning Commission to determine the maximum building size and the building area within which a building can be located, including setbacks and height, for properties within historic overlay districts, all of which is more specifically described herein (Proposal No. 2007Z-113T). 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-66

An ordinance amending Chapter 12 of Article 11 of the Metropolitan Code to prohibit aggressive panhandling and certain other panhandling activities. The bill was approved by the Public Safety-Beer and Regulated Beverages 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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-71

An ordinance approving the disposition of a certain parcel of surplus property located at 217 South 10th Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-193U-5). The bill was approved by Planning Commission, Budget and Finance; Health, Hospitals and Social Services; and Planning, Zoning and Historical Committees. Mr. Jameson moved to defer the bill to the second meeting in February while further use of the property is reviewed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-80

An ordinance authorizing the Metropolitan Government to participate with Wells Property to provide public sewer service in Williamson County to Wells Property, Project No. 07-SL-187. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-81

An ordinance authorizing the Metropolitan Government to participate with Cates-Kottas Development, to provide public sewer service in Williamson County to Benington Subdivision, Section 4, Project No. 06-SL-183. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-82

An ordinance accepting a donation of equipment to The Metropolitan Government of Nashville and Davidson County by Vanderbilt University for the use and benefit of the Metropolitan Nashville Police Department. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-83

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 0 and 13105 Old Hickory Boulevard, 2708 Wortham Avenue, 218 Crestview Drive, 112 Harding Place, 100 White Bridge Pike, 0 and 7107 Carothers Road, 1100 Russell Street, 5725, 5729, 5733, 5737, 5741, 5745, 5749, 5753, 5757, 5761, 5765, 5769, 5773, 0 Maudina Avenue, 4900 Centennial Boulevard, 8672 Burkitt Place Drive, 2827 Murfreesboro Pike, 468 Ponder Place, 870 Murfreesboro Pike, 8100 Highway 100, 1000 Church Street, and 0 McCrory Lane. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-84

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 SP district approved by Ordinance No. BL2007-1410 for property located at 2730 Lebanon Pike, approximately 260 feet west of Old Lebanon Pike, approved for an "automobile repair" use and all other uses permitted by the CS zoning district (1.49 acres), to require the installation of sidewalks along Lebanon Pike, all of which is described herein (Proposal No. 2007SP-064U-14). The bill was disapproved by the Planning Commission, and the Planning, Zoning and Historical Committee recommended withdrawal. Mr. Claiborne moved to withdraw the bill because of sidewalk and other issues with the proposal, the bill being requested by the Metropolitan Planning Department, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-87

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 district and final site plan approval for property located at Middleton Street (unnumbered), between Middleton Street and Rolling Mill Hill Road (.48 acres), zoned CF and within the Rutledge Hill Redevelopment District, to permit no maximum height at the property line for the "District Building", all of which is described herein (Proposal No. 2007SP-186U-09). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Jameson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-88

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 RS20 to CS district property located at 335 Boyd's Hilltop Drive, abutting the east margin of I-65 and north of Old Hickory Boulevard (1.06 acres), all of which is described herein (Proposal No. 2008Z-001G-04). The bill was disapproved by the Planning Commission, and the Planning, Zoning and Historical Committee recommended deferment. Mr. Craddock moved to defer the bill on third reading, the bill being requested by Cornerstone Church, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-90

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 zoning property located at 7972 McCrory Lane and a portion of property located at Beautiful Valley (unnumbered), approximately 1,735 feet north of I-40 (2.87 acres), all of which is described herein (Proposal No. 2007Z-149G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-91

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 property located at Spring Branch Drive (unnumbered), approximately 250 feet east of Myatt Drive (1.47 acres), all of which is described herein (Proposal No. 2007Z-177G-04). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-93

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 property located at 6962 Charlotte Pike, approximately 860 feet west of I-40 (2.08 acres), all of which is described herein (Proposal No. 2007Z-179U-06). The bill was disapproved by the Planning Commission. Mr. Mitchell offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2007-93

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 SP property located at 6962 Charlotte Pike, approximately 860 feet west of I-40 (2.08 acres), all of which is described herein (Proposal No. 2007Z-179U-06). The substitute bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Duvall, Todd, Mitchell (36); “Noes” (0).

Without objection Bill Nos. BL2007-97, BL2007-98, and BL2007-99 were considered together.

BILL NO. BL2007-97

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 RM15 zoning property located on Athens Way approximately 510 feet south of Metrocenter Boulevard (5.62 acres), all of which is described herein (Proposal No. 2007Z-077U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2007-98

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 preliminary PUD approval for property located at Athens Way(unnumbered), approximately 510 feet south of Metrocenter Boulevard (5.62 acres), to permit a 64 unit multi-family complex in 4 buildings, all of which is described herein (Proposal No. 2007P-002U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2007-99

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 Parc at Metro Center Residential Planned Unit Development district located abutting the north side of Dominican Drive and the west side of Athens Way, (6.25 acres), to increase from 98 to 118 multi-family units in Phase 2, all of which is described herein (Proposal No. 2003P-009U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Harrison moved to pass Bill Nos. BL2007-97, BL2007-98 and BL2007-99 on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2007-100

An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow vehicular rental/leasing as a permitted use in the SCR district, all of which is more specifically described herein (Proposal No. 2008Z-004T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to defer the bill indefinitely for further review and refinement, which motion was seconded and adopted by a voice vote of the Council.

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2007-38

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to consider tying driving privileges for persons under twenty-one years to progress toward high school graduation. The Education and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Pursuant to Rule 22 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred indefinitely.

RESOLUTION NO. RS2008-135

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require voter verified paper ballot systems for all elections. The resolution was approved by the Rules-Confirmation-Public Elections Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Wilhoite, Duvall, Todd, Mitchell (34); “Noes” Hodge, Toler (2); “Abstaining” Moore, Dominy (2).

RESOLUTION NO. RS2008-136

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to impose restrictions on the amount of fees state chartered banks can charge for cashing checks and for insufficient funds. The resolution was approved by the Budget and Finance Committee. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2008-137

A resolution requesting the Commissioner of the Tennessee Department of Education to make a recommendation as to whether it is appropriate that the Metropolitan Nashville Director of Schools be removed by the Tennessee Board of Education. The resolution was disapproved by the Education Committee. Mr. Crafton moved to defer the resolution to the second meeting in February, which motion was seconded and adopted by a voice vote of the Council.

Without objection the rules were suspended for consideration of an additional late resolution.

RESOLUTION NO. RS2008-139

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation to no longer require the disclosure and/or retention of social security numbers for purposes of voter registration. The resolution was approved by the Rules-Confirmation-Public Elections Committee. Mr. Holleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Matthews, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Duvall, Todd, Mitchell (33); “Noes” Maynard, Harrison (2); “Abstaining” Cole, Gilmore, Hodge (3).

Upon motion duly seconded, the meeting was adjourned.


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