Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, June 2, 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 Pastor Pat Rowland, Youth Minister of Cross Pointe 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: The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (38); Absent: Jameson, Claiborne, Crafton (3).

The Minutes of the regular meeting of May 19, 2009, were approved.

Mr. Harrison moved that at the time of adjournment the Council adjourn to Tuesday, June 9, 2009, at 6:30 pm for the purpose of considering the Capital Improvements Budget (Ordinance No. BL2009-466) on third and final reading, and the Mayor’s Capital Spending Plan (Resolution Numbers RS2009-745 and RS2009-746), along with any other matters that the President deems appropriate for consideration at that time, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Emergency Communications District Board
Reappointment of Mr. Joe Sweat for a term expiring February 14, 2013. Mr. Sweat will represent School District 9. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Historical Commission
Appointment of Ms. Jan Cain for a term expiring August 1, 2011. Ms. Can will fill the unexpired term of Ms. Renatta Soto. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Public Library Board
Appointment of Mr. Robert Oermann for a term expiring April 6, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2009-456

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2009-2010. The bill was approved by the Budget and Finance Committee. Mr. Forkum 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 passage of the bill. The President declared the public hearing closed. Mr. Forkum moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-466

An ordinance adopting the Capital Improvements Budget and Program 2009-2010 through 2014-2015 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 2009-2010. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Forkum 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 a citizens was heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Forkum 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. RS2009-698

A resolution approving an Intergovernmental Project Agreement (Convention Center Project) by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Development and Housing Agency of The Metropolitan Government of Nashville and Davidson County, Tennessee. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Page, Moore, LaLonde, Baker, Langster, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Mitchell (28); “Noes” Craddock, Murray, Stanley, Evans, Holleman, Duvall (6); “Abstaining” Gilmore, Todd (2).

Without objection, BL2009-437 was called up for consideration at this time.

BILL NO. BL2009-437

An ordinance authorizing the acquisition of property in fee simple by negotiation or condemnation for the Convention Center Project, providing for certain relocation assistance payments and authorizing the conveyance of the Convention Center Project by the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County (Proposal No. 2009M-009PR-001).The bill was approved by the Planning Commission, Budget and Finance; Convention, Tourism and Public Entertainment Facilities; and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Page, Moore, LaLonde, Baker, Langster, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Mitchell (29); “Noes” Craddock, Murray, Stanley, Evans, Holleman, Duvall (6); “Abstaining” Gilmore, Todd (2).

At this time the regular order of business resumed.

RESOLUTION NO. RS2009-743

A resolution establishing the certified tax rate in the General Services District, and declaring the amount of the certified rate for the Urban Services District, pursuant to the provision of Tennessee Code Annotated, § 67-5-1701, et seq. The Budget and Finance Committee recommended deferment. Mr. Forkum moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-744

A resolution approving an intergovernmental agreement by and between The Metropolitan Government of Nashville and Davidson County and the Metropolitan Hospital Authority for the Davidson County Sheriff’s Office to manage security services at Hospital Authority facilities. The resolution was approved by the Health, Hospitals and Social Services and Public Safety-Beer and Regulated Beverages Committees; the Budget and Finance Committee recommended deferment. Mr. Forkum moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-745

A resolution terminating the authority of The Metropolitan Government of Nashville and Davidson County (Tennessee) to issue general obligation bonds pursuant to certain initial resolutions previously adopted by the Metropolitan County Council, and repealing Resolution RS2004-328. The Budget and Finance Committee recommended deferment. Mr. Forkum moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-746

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County (Tennessee) in an aggregate principal amount not to exceed $508,542,100 to be financed by the ad valorem levy on property in the General Services District and in an aggregate principal amount not to exceed $52,260,900 to be financed by the ad valorem levy on property in the Urban Services District. The Budget and Finance Committee recommended deferment. Mr. Forkum moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE RESOLUTION NO. RS2009-769

A proposed resolution to establish a new fee structure for specific plan district applications (Proposal No. 2009Z-007TX-001). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Budget and Finance Committee recommended deferment. Mr. Gotto moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-770

A resolution appropriating the amount of $79,200.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Office of the District Attorney General of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-771

A resolution appropriating the amount of $500,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metropolitan Davidson County Sheriff’s Office 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. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-772

A resolution appropriating the amount of $215,900.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the General Sessions Court of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-773

A resolution appropriating the amount of $3,528,400.00 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. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-774

A resolution appropriating the amount of $15,560,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of General Services of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-775

A resolution appropriating the amount of $5,500.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metropolitan Sports Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-776

A resolution appropriating the amount of $800.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Transportation Licensing Commission 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. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-777

A resolution appropriating the amount of $500,000.00 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. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-778

A resolution appropriating the amount of $500,000.00 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. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-779

A resolution appropriating the amount of $1,500,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville 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. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-780

A resolution appropriating the amount of $15,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Parks and Recreation Department 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. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-781

A resolution appropriating the amount of $ 50,000.00 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 and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-782

A resolution appropriating the amount of $20,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Public Works of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-786

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Narges Khalil. Mr. Forkum offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2009-786

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Narges Khalil. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-794

A resolution approving an application for the Arts Build Communities grant from the Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, for funding to conduct arts projects in Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-795

A resolution accepting a 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 Davidson County Juvenile Court, to provide funding for a Juvenile Drug Court Case Manager and a Family Drug Court Case Manager. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-796

A resolution approving an application for a grant from the Tennessee Commission on Children and Youth for state supplement juvenile court improvement funds. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-797

A resolution to appropriate funds received from The Electric Power Board of The Metropolitan Government of Nashville and Davidson County, operating as the Nashville Electric Service, to the Metropolitan Action Commission pursuant to the Watt Ads Energy Fund. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-798

A resolution approving two amendments to, as well as a renewal and extension of, the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange assistance in the planning, development and delivery of services for minority individuals affected and infected with HIV/AIDS. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-799

A resolution approving an application for a grant from the Wal-Mart Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the El Protector Program which is an Hispanic Community Outreach Program. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-800

A resolution accepting the American Recovery and Reinvestment Act State Justice Assistance Grant for Victim Intervention 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, to pay for translators for counseling and CJS advocacy. The resolution was approved by the Budget and Finance and Public Safety Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-801

A resolution accepting the Byrne Memorial Justice Assistance 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 Office of the District Attorney, for a Victim Witness Coordinator. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-802

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, by delaying increment advances for one year beginning July 1, 2009. The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Mr. Forkum moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-803

A resolution amending the pay plan for employees of the Metropolitan Departments of Fire and Police, approved under Resolution No. RS2005-873, by delaying increment advances for one year beginning July 1, 2009. The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Mr. Forkum moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-804

A resolution amending the pay plan for employees of the Metropolitan Board of Health, approved under Resolution No. RS2005-874, by delaying increment advances for one year beginning July 1, 2009. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Mr. Forkum moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-805

A resolution repealing for a period of one year the payment of longevity pay for employees of The Metropolitan Government of Nashville and Davidson County, including employees of the Metropolitan Board of Health, and the payment of longevity pay supplement for certain employees. The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Ms. Moore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-806

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

RESOLUTION NO. RS2009-807

A resolution appropriating to certain accounts for the benefit of the State Trial Courts, Nashville Career Advancement Center (NCAC), Metropolitan Nashville Public Schools (MNPS), and the Tennessee State Fair in the amount of Fifteen Million Nine Hundred Sixty Thousand Two Hundred Dollars ($15,960,200) from undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. The resolution was approved by the Codes, Fair and Farmers Market; Education; and Personnel-Public Information-Human Relations-Housing Committees; the Budget and Finance Committee recommended deferment. Mr. Forkum moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-808

A resolution accepting the donation of a gas grill for the use and benefit of the Metropolitan Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-809

A resolution approving an agreement between The Metropolitan Government of Nashville and Davidson County, The State of Tennessee, through its Department of Transportation, and CSX Transportation, Inc., relating to the demolition and replacement of the Chestnut Street Bridge (Proposal No. 2009M-010PR-001). The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Moore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-810

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Stansell Electric Company, Incorporated. 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, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-467

An ordinance amending Section 3.04.010 of the Metropolitan Code to require all new employees of the Metropolitan Government to be residents of Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Relations-Housing Committee by a voice vote of the Council.

BILL NO. BL2009-468

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning an unnumbered alley right-of-way, from W. Argyle Avenue, northeasterly to Alley No. 658 (Proposal No. 2009M-002AB-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. BL2009-469

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 North Second Street right-of-way, from Howerton Avenue northwestward to the dead end (Proposal No. 2009M-003AB-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. BL2009-470

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 for properties located at 2223, 2225, and 2227 10th Avenue South, approximately 50 feet north of Waldkirch Avenue (0.6 acres), to permit a 13,600 square foot mixed use building containing 2,000 square feet of restaurant space, 4,800 square feet of retail space and 6,800 square feet of office space, all of which is described herein (Proposal No. 2009SP-005-001). 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. BL2009-471

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 SP for properties located at 3886, 3920, 3924, 3992, 4068, 4072, 4194, and 4206 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 4,700 feet south of Cleeces Ferry Road (1,487.69 acres), to create a new mixed use SP district called "May Town Center" proposed for general office uses, commercial uses, hotels, residential uses, and open space, all of which is described herein (Proposal No. 2008SP-022G-03). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2009-472

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, R15, and RS20 to SP zoning for properties at 3146 Old Hickory Boulevard and 3108 Blevins Road, at the southwest corner of Blevins Road and I-24 West (16.39 acres) to permit all uses within the CS zoning subject to the standards, regulations and requirements of the CS zoning district and to permit Heavy Equipment Repair, Wrecker Services and Outdoor Storage subject to the standards, regulations and requirements of the IWD zoning district, all of which is described herein (Proposal No. 2009Z-022PR-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. BL2009-473

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to SP zoning for properties located at 1103, 1105, and 1111 Battery Lane, approximately 1,500 feet east of Granny White Pike (7.4 acres), to permit up to 13 single-family lots, all of which is described herein (Proposal No. 2009SP-008-001). 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. BL2009-474

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 SP-MU zoning property located at Ashland City Highway (unnumbered), approximately 1,620 feet east of Eatons Creek Road (7.14 acres), to permit all uses within the RM9 zoning subject to the standards, regulations and requirements of the RM9 zoning district and to permit a Funeral Home subject to the standards, regulations and requirements of the OR20 zoning district, all of which is described herein (Proposal No. 2009SP-010-001). Mr. Matthews offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2009-474

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 SP zoning property located at Ashland City Highway (unnumbered), approximately 1,620 feet east of Eatons Creek Road (7.14 acres), to permit all uses within the RM9 zoning subject to the standards, regulations and requirements of the RM9 zoning district and to permit a Funeral Home subject to the standards, regulations and requirements of the OR20 zoning district, all of which is described herein (Proposal No. 2009SP-010-001). 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. BL2009-475

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 Nolensville Road Automart Specific Plan District approved by Ordinance No. BL2006-1258 for property located at 2721 and 2725 Nolensville Pike and 2722 Grandview Avenue, at the northwest corner of Nolensville Pike and McClain Avenue (0.82 acres), to amend Condition 3 pertaining to sidewalk requirements, all of which is described herein (Proposal No. 2006SP-152-002). 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. BL2009-476

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 Gallatin Pike Improvement District Specific Plan for properties located along Main Street and Gallatin Pike between South 5th Street and Briley Parkway (266.11 acres), all of which is described herein (Proposal No. 2007SP-122-001). 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. BL2009-477

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 add “Wind Energy Facility (small)” and “Wind Energy Facility (utility)” as land uses, all of which is more particularly described herein (Proposal No. 2009Z-006TX-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. BL2009-478

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 the definitions of “Automobile Repair” and “Automobile Service”, all of which is more particularly described herein (Proposal No. 2009Z-012TX-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. BL2009-479

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.04, 17.08, and 17.16 to add community gardening as a permitted use, a use permitted with conditions, or a special exception use in certain zoning districts, all of which is more particularly described herein (Proposal No. 2009Z-013TX-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. BL2009-480

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.40 to require applicants requesting amendments to the official zoning map to submit certain information regarding the use of lobbyists, public relations firms, pollsters, and other firms contracted to communicate with the public regarding the zoning application (Proposal No. 2009Z-014TX-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.

- BILLS ON SECOND READING -

BILL NO. BL2009-457

An ordinance establishing the tax levy in the General Services District for the fiscal year 2009-2010, 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. Forkum moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-458

An ordinance amending Section 1.16.020 of the Metropolitan Code to provide the Sheriff the duty to provide security services at Hospital Authority facilities subject to agreeable terms approved by the Metropolitan Council. The bill was approved by the Budget and Finance, Health, Hospitals and Social Services and Public Safety-Beer and Regulated Beverages Committees. Mr. Forkum moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-459

An ordinance to amend MCL 7.08 to add requirements under the Responsible Vendor Act, and to reflect changes in state beer laws including authorizing increased penalties for the sale of beer to minors. The bill was approved by the Budget and Finance Committee; the Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Bennett moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-460

An ordinance amending Chapter 8.12 of the Metropolitan Code to establish an animal offender school. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-461

An ordinance amending Section 15.64.195 of the Metropolitan Code to extend the deadline for the submission of the Stormwater Master Planning District plan. The bill was approved by the Public Works Committee. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2008-322

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to SP zoning for properties located at 6943 and 6947 Burkitt Road and Burkitt Road (unnumbered), approximately 4,200 feet east of Nolensville Pike (46.63 acres), to permit the development of 64 single-family, 80 attached cottage, and 40 townhome units, all of which is described herein (Proposal No. 2008SP-024G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-417

An ordinance amending Chapter 6.72 of the Metropolitan Code of Laws in its regulation of taxicab companies to require both a physical place of business within Davidson County and twenty-four hour call and dispatch services. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Murray moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-433

An ordinance amending Chapter 6.04 of the Metropolitan Code pertaining to the placement of signs in the public right-of-way and on public property, and providing additional enforcement provisions. The bill was approved by the Codes, Fair and Farmers Market and Public Works Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-434

An ordinance amending Chapter 6.80 of the Metropolitan Code pertaining to the “booting” of vehicles within the area of the Metropolitan Government. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-435

An ordinance amending Chapter 16 of The Metropolitan Code of Laws by adopting the 2005 Edition of the National Electrical Code and amendments thereto. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Hodge moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-436

An ordinance approving Amendment No. 3 to the Arts Center Redevelopment Plan and Amendment No. 8 to the Capitol Mall Redevelopment Project Plan. The bill was approved by the Planning Commission, Federal Grants Review and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-437

Action on this bill was taken earlier in the meeting.

BILL NO. BL2009-438

An ordinance abandoning an 8 inch sanitary sewer line and easement and a manhole and accepting a relocated 8 inch sanitary sewer line and easement and manhole in connection with Project 08-SL-0091, shown on Map 075-14, Parcel 78 and Map 075, Parcels 48 and 49, 4309 and 5309 Weber Road, and 8226 Eva Drive, Alan Estates, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-227G-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-439

An ordinance authorizing the acquisition of property, by negotiation or condemnation, and acceptance for the purpose of acquiring easements for use in public projects described in the plans for Hite Street, 712, 714, 718, 720, and 736 Hite Street, 50 and 51 Visco Court, and 2136 Utopia Avenue, Stormwater Project. No's. 03-D-0567 Hite Street, and 06-D-0899 Visco Court. The bill was approved by the Planning Commission, Budget and Finance, 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-440

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in public projects described in the plans for 608, 612, 613 A, and 614 A Claridge Drive, 5024 Trousdale Drive, 500, 415, and 412 Barrywood Drive, 238 Sunrise Avenue, 101 A Radnor Street, 811 and 813 Carlyle Place, Creek Trail Drive, 4146 Brick Church Pike, Coarsey Drive, 1213, 1215, 1217, 1221, 1222, 1226, 1228, and 1232 Coarsey Drive, and 1216 Ainlay Drive, 2303, 2305, 2307, 2308, 2309, 2312, and 2311 Selma Drive, 2308 and 2316 Castlewood Drive 1213, 1215, 1217, 1219, and 4421 Lone Oak Road, 108 and 112 Jamesborough Court, and 2605 Ravine Drive. The bill was approved by Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-441

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2356 Gallatin Pike, 4145 Lebanon Pike, 317 Myatt Drive, 1201 Murfreesboro Pike, 648 Grassmere Park, 2600 Music Valley Drive, 618 Thompson Lane, 5711 Granny White Pike, 2318 Curzen Street, 719 Thompson Lane, 816, 818, and 820 Old Hickory Boulevard, 1713 Broadway, 5144 Hickory Hollow Parkway, Pearl Street, 1701 Cedar Grove Road, Cedar Grove Road, Cedar Grove Road, 8267 Collins Road, 88 Polk Avenue, Polk Avenue, 6030 and 6040 Dana Way, Eatons Creek Road, Eatons Creek Road, Old Hickory Boulevard, 1320 Rosa L. Parks Boulevard, and 5606 Clarksville Pike. The bill was approved by Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-443

An ordinance amending Section 2.100.030 of the Metropolitan Code pertaining to the jurisdiction of the Transportation Licensing Commission to regulate certain activity within the area of the Metropolitan Government. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-444

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 6849, with the State of Tennessee, Department of Transportation, Project No. 19010-2153-44, to construct 101260.00, Interstate Improvement & SR-12 (8th Avenue) in Nashville, located in Davidson County. The bill was approved by Budget and Finance and Public Works Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-445

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 09-SG-0008, Holt Road (Proposal No. 2009M-019ES-001). 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-446

An ordinance authorizing the acquisition of property by negotiation and acceptance for the purpose of acquiring easements, pumps and appurtenances for use in public projects of the Metropolitan Government, initially with relation to grinder pumps located at 2109 Christina Court, 2001 Rachael’s Spring Road, 2133 Christina Court, 2149 Christina Court, 309 Rachael’s Meadow Court, 2423 Pennington Bend Road, and 3813 Leona Pass. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-447

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in a public project described in the plans for 245, 247, 249, 251, and 253 Lovell Street. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-448

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in public projects described in the plans for 100 Athens Way, and 2136 Utopia Avenue. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-449

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring an easement for use in a public project described in the plans for 241 Haynes Park Drive, Proposal No. 2008M-160U-3. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-450

An ordinance authorizing the acceptance of certain easements for storm water projects located at 1809 and 1815 Dabbs Avenue, 6670 Charlotte Pike, 8002 Highway 100, 1100 and 1114 4th Avenue North, 2500 Hart Street, 900 River Bluff Drive, 5701 Old Harding Pike, Elm Hill Pike, 6922 Highway 70 South, 1716 Rosa L Parks Boulevard, 700, 702, and 708 Garfield Street, 1705, 1707, 1707 B, and 1709 7th Avenue North. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-451

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 660 Massman Drive, 3786 Central Pike, 811 Gale Lane, 821, 823, 825 and 827 Lischey Avenue, 1124 Myatt Boulevard, 13000 Old Hickory Boulevard, Bellevue Road, 103 Bellevue Road, Old Hickory Boulevard, Old Hickory Boulevard, Old Hickory Boulevard, 1914 Charlotte Avenue, 521 Old Hickory Boulevard, 4221 Hurricane Creek Boulevard, 5821, 5825 and 5827 River Road, 6030 Dana Way, 74 Lester Avenue, 5109 Moss Road, McGavock Pike. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-452

An ordinance abandoning a 10 foot public drainage easement and a 35 foot public drainage easement that will be replaced by a variable width easement as shown on the attached exhibit in connection to Project 09-D-0007, Mid-South Development Corporation, shown on Map 070-12, Parcel 014.00, 100 Athens Way and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-007ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-453

An ordinance abandoning an 8 inch sanitary sewer line and easement and accepting a relocated 8 inch sanitary sewer line and easement, and 3 manholes in connection 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. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-454

An ordinance abandoning a 10 foot public storm drainage easement and accepting a relocated 15 foot public drainage easement in connection Project 09-D-0003, Utopia Avenue, shown on Map 105-16, Parcel 141.00, 2136 Utopia Avenue and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-006ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2009-455

An ordinance abandoning 181 feet of an existing 8 inch sanitary sewer line and easement and accepting 326 feet of relocated 8 inch sanitary sewer line and easement in connection with Project 09-SL-0004, shown on Map 117-10, Parcel 026.00, 3510 Echo Hill Drive Sewer Relocation and authorizing the execution of the documents to carry out said transaction (Proposal No.2009M-032ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned to June 9, 2009, at 6:30 pm.