Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, November 17, 2009


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

The invocation was offered by Councilman Jamie Hollin.

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

The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (41); Absent: (0).

The Minutes of the regular meeting of November 3, 2009, were approved.

- PROPOSED RULES AMENDMENTS -

The following proposed amendments to the Rules of Procedure of the Metropolitan Council were considered:

Amending Rule 25 of the 2007-2011 Council Rules of Procedure (as amended) by adding after the phrase “shall be limited to presenting two memorializing or congratulatory resolutions per year”, the phrase “as a primary sponsor”.

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

Amending Rule 41 of the 2007-2011 Council Rules of Procedure (as amended) by deleting subsection 1 and substituting with the following new subsection 1:

At the next regular meeting of the Council following a vacancy, the Vice Mayor shall call for nominations to fill said positions from the membership of the Council. No second shall be required to place the same in nomination. Only the person making the nomination shall be entitled to speak, and for no more than five minutes, provided that the member making the nomination may yield the remainder of his/her time to any member other than the nominee.

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

Amending Rule 51 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) by deleting the phrase “by unanimous consent of those members present” and substituting with the phrase “unless five (5) members object to the suspension of the rules.”

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

- ELECTIONS AND CONFIRMATIONS -

Charter Revision Commission
Appointment of Ms. Eileen Beehan for a term expiring September 4, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Stormwater Management Committee
Appointment of Mr. Roy Dale for a term expiring October 31, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Kevin Gangaware for a term expiring October 31, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Tourism and Convention Commission
Appointment of Mr. Howard Kittell for a term expiring June 30, 2011. Mr. Kittell will fill the unexpired term of Mr. David Currey. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2008-431

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Commission and Charter Revision Committee recommended indefinite deferment. Mr. Gotto moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-943

A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with the City of Brentwood for the acceptance and treatment by The Metropolitan Government of Nashville and Davidson County of sewage flow from the City of Brentwood’s sewage collection system. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hunt moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-979

A resolution authorizing the Director of Public Property to exercise an option to purchase property (Tax Map 091-14, Parcel 108) for The Metropolitan Government of Nashville and Davidson County (Proposal No.2009M-018PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Steine offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Steine moved to adopt the resolution as amended, which motion was seconded. Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded. Ms. Langster moved to table the motion to defer, which motion was seconded and adopted by a roll call vote. The matter recurred on the motion to adopt, which motion was adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd (34); “Noes” Tygard, Crafton, Evans, Duvall, Mitchell (5); “Abstaining” Craddock (1).

RESOLUTION NO. RS2009-989

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The resolution was disapproved by the Charter Revision Commission; the Charter Revision Committee recommended indefinite deferment Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council

RESOLUTION NO. RS2009-990

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Commission and Charter Revision Committee recommended deferment. Mr. Gotto moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-992

A resolution appropriating the amount of $4,137,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance; Convention, Tourism and Public Entertainment Facilities; Health, Hospitals and Social Services; Parks, Library and Recreation; Public Works and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1020

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The resolution was disapproved by the Charter Revision Commission, the Charter Revision Committee recommended deferment. Ms. Wilhoite moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-1021

A resolution accepting a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to reduce recidivism rates among felony offenders with mental health and substance abuse disorders. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1022

A resolution approving a grant from the Tennessee Administrative Office of the Courts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Juvenile Court, to provide funding for certified interpreters to work in Order of Protection hearings pursuant to the American Recovery and Reinvestment Act. The resolution was approved by the Budget and Finance Committee. Mr. Baker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Toler, Coleman, Todd, Mitchell (33); “Noes” Duvall (1); “Abstaining” Claiborne, Crafton, Hodge (3).

RESOLUTION NO. RS2009-1023

A resolution approving a grant from the Tennessee Administrative Office of the Courts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville General Sessions Court, to provide funding for certified interpreters to work in civil related Order of Protection dockets pursuant to the American Recovery and Reinvestment Act. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Toler, Coleman, Todd, Mitchell (33); “Noes” Duvall (1); “Abstaining” Claiborne, Crafton, Hodge (3).

RESOLUTION NO. RS2009-1024

A resolution accepting and amending a grant from the State of Tennessee, 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. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1025

A resolution accepting a grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police, Sheriff, and Juvenile Court for fifty percent of the funding for 86 bulletproof vests. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1026

A resolution approving Amendment Two to 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 Metropolitan Nashville Police Department, for the Internet Crimes Against Children Unit. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1027

A resolution approving an application for a Fire Prevention and Safety Grant 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 and Public Safety-Beer and Regulated Beverages Committees. Mr. Baker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1028

A resolution appropriating funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1029

A resolution accepting an American Recovery and Reinvestment Act Aging Congregate Nutrition Services Grant from the Greater Nashville Regional Council, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals to eligible seniors in congregate sites. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1030

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide nutritious food to low income clients vulnerable to insufficient nutrition. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1031

A resolution accepting a grant from the Nashville Public Library Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to fund an additional part-time position to initiate partnerships with local colleges and universities to recruit and place college volunteers throughout the library system. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1032

A resolution accepting a grant from the State of Tennessee, Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to provide access to and circulation of library materials in a variety of formats for persons having difficulty using a library. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1033

A resolution approving Amendment One to the agreement between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, for the receipt of funds through the American Recovery and Reinvestment Act of 2009 (ARRA) for construction of the TSU Connector for the Cumberland River Greenway. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Toler, Coleman, Todd, Mitchell (34); “Noes” Duvall (1); “Abstaining” Claiborne, Crafton, Hodge (3).

RESOLUTION NO. RS2009-1034

A resolution approving an application for the Making the Connection Grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to link the Cumberland River Greenway System with Downtown Nashville. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1035

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 Bedrug to support its new and existing employees and to create 47 new jobs (LW09P083FTSWA09). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1036

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare adults for re-entry into the labor force (LW09F101ADULT10). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1037

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment. (LW09F101DSLWK10). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1038

A resolution approving a grant agreement from KitchenAid to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers Market, to supply KitchenAid appliances for the demonstration kitchen at the Nashville Farmers Market. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1039

A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7226, Metro Water Services (MWS) Project Nos. 08-SG-53 and 08-WG-42, with the State of Tennessee, Department of Transportation, Project No. 19959-2761-54, to relocate certain facilities, located on the public highway right-of-way, located in Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1040

A resolution accepting a grant from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, to perform a tree canopy assessment to determine tree density throughout Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1041

A resolution approving the exercise of fee simple acquisition options for the purchase of three flood prone properties, for Metro Water Services Project No. 02-D-149 (Proposal No. 2009M-021PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2009-1042

A resolution authorizing the Metropolitan Department of Law to compromise and settle all Teen Challenge International, Nashville Headquarters’ claims against the Metropolitan Government of Nashville and Davidson County for the total amount of $750,000.00, and directing that this amount be paid from the Judgments and Losses Fund. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Jameson, Cole, Bennett, Forkum, Jernigan, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, McGuire, Adkins, Foster, Wilhoite, Hodge, Todd (25); “Noes” Baker, Langster (2); “Abstaining” Craddock, Hollin, Ryman, Gotto, Crafton, Evans, Dominy, Coleman, Mitchell (9).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-578

An ordinance amending Ordinance No. BL2009-489 and amending Section 13.24.440 of the Metropolitan Code to allow handgun carry permit holders to carry guns in certain Metropolitan Government parks and greenways. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library and Recreation and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2009-579

An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located on Whites Creek Pike, all of which is more particularly described herein. 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. BL2009-580

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located on Whites Creek Pike, all of which is more particularly described herein. 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. BL2009-581

An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain properties located within the Golden Oak subdivision on Saunders Avenue, all of which is more particularly described herein. 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. BL2009-582

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located within the Golden Oak subdivision on Saunders Avenue, all of which is more particularly described herein. 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. BL2009-583

An ordinance granting a franchise to CenturyTel Fiber Company II, LLC, d/b/a Light Core, a CenturyTel Company, to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2009M-002FR-001). 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 and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2009-584

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 08-WC-0015, Caldwell Lane, 1105 Glendale Lane, 4401 Scenic Drive, 4300 Scenic Drive, 4015 Lealand Lane, 965 Caldwell Lane, 811 Caldwell Lane, and 3915 Franklin Pike (Proposal No. 2009M-064ES-001). 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 Committee by a voice vote of the Council.

BILL NO. BL2009-585

An ordinance restricting the use of Metropolitan Government-owned property commonly known as the Tennessee State Fairgrounds. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2009-547

An ordinance amending Title 12 of the Metropolitan Code pertaining to the restriction of parking near fire hydrants. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee; the Traffic and Parking Committee recommended deferment. Mr. Mitchell moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-568

An ordinance amending Chapter 5.10 of the Metropolitan Code, Public Art Financing, to require that a portion of the general obligation bond proceeds designated for public art be expended throughout the geographic area of the Metropolitan Government. Mr. Tygard offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2009-568

An ordinance amending Chapter 5.10 of the Metropolitan Code, Public Art Financing, to require that a portion of the general obligation bond proceeds designated for public art be expended throughout the geographic area of the Metropolitan Government. The Budget and Finance Committee recommended deferment. Mr. Tygard moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-569

An ordinance amending Section 2.62.040 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a Special Events permit. The Budget and Finance Committee recommended withdrawal. Mr. Jernigan moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-570

An ordinance approving a lease between The Metropolitan Government of Nashville and Davidson County and the Hickory Hollow Mall Limited Partnership for space to operate a new WIC Clinic (Proposal No. 2009M-019PR-001). The bill was approved by the Planning Commission, Budget and Finance, Health, Hospitals and Social Services Committees; the Planning, Zoning and Historical Committee recommended deferment. Mr. Coleman requested a suspension of the rules to allow the bill to be considered for passage, and no objection was made. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-571

An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $4,900.00, plus reimbursement of training costs for Emergency Communications personnel. The bill was approved by the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-572

An ordinance abandoning a 10 inch water line and easement and an 8 inch water line and easement and accepting a replacement of an 10 inch water line and easement, that is shown on Map 104-12, Parcels 307, 312, & 352, Project 09-WL-0013, Belmont Resident Hall #4, E Belmont Circle, 1900 Belmont Boulevard, and 1515 Wedgewood Avenue and authorizing the execution of any documents needed to execute the abandonment (Proposal No. 2009M-046ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Ms. LaLonde abstaining.

BILL NO. BL2009-573

An ordinance amending Section 10.64.015 of the Metropolitan Code pertaining to the sprinkler requirement for existing bars with live entertainment. The Codes, Fair and Farmers Market Committee recommended withdrawal. Mr. Hunt moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-574

An ordinance granting a franchise to DukeNet Communications, LLC, to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-575

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Old River Road Pike between River Road Pike and River Road Pike just southeast of Biggs Road, as “Horton Hollow Lane” (Proposal No. 2009M-003SR-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-576

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 07-SG-0181, Rockwood, 1316 Tulip Grove Road, 1310 Tulip Grove Road, Old Hickory Boulevard, Weber Road, Dodson Chapel Road, Central Pike (Proposal No. 2009M-080ES-001). 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 second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-577

An ordinance approving a lease between the Metropolitan Nashville Public Schools and the Simon Youth Foundation for space to be used for the Academy at Opry Mills Education Resource Center (Proposal No. 2009M-020PR-001).The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2009-511

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 Specific Plan District approved by Substitute Ordinance No. BL2009-388 for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to permit Automobile Sales (new) Automobile Sales (used), Automobile Service, Car Wash, Vehicular Sales and Services, Vehicle Rental/Leasing and Heavy Equipment Repair and all other uses permitted in the CS zoning district as additional uses, all of which is described herein (Proposal No. 2009SP-003-002). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
Without objection Bill Nos. BL2009-513 and BL2009-514 were considered together.

BILL NO. BL2009-513

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a previously approved Council Bill BL2002-1223 to clarify which conditions of that ordinance apply to the Planned Unit Development proposed for property located at 765 Preston Road and a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, all of which is described herein (Proposal No. 2009Z-027PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2009-514

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 request for preliminary approval for the Preston Hills Residential Planned Unit Development for property located at 765 Preston Road and for a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, to permit 42 single-family lots, all of which is described herein (Proposal No. 2009P-003-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Coleman moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

BILL NO. BL2009-535

An ordinance amending Chapter 17.04 of Title 17 of the Metropolitan Code of Laws, Zoning Regulations, to modify the definitions of “Family” and “Residence for handicapped, more than eight individuals” to clarify the individuals included in the definition (Proposal No. 2009Z-037TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. McGuire offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. McGuire moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

BILL NO. BL2009-537

An ordinance amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow artisan distilleries as a permitted use in the commercial core, core frame and industrial zoning districts, and to make a technical change to the land use tables pertaining to microbreweries (Proposal No. 2009Z-036TX-001). The bill was approved by the Planning Commission and 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

BILL NO. BL2009-538

An ordinance amending Sections 6.54.010 and 17.04.060 of the Metropolitan Code pertaining to the definitions of adult/sexually oriented bookstores and video stores, all of which is more specifically described herein (Proposal No. 2009Z-017TX-001). The bill was approved by the Planning Commission, Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees. Mr. Gotto offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Gotto moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

BILL NO. BL2009-545

An ordinance amending Title 5 of the Metropolitan Code of Laws to authorize a privilege tax on the sale of tickets to events at the municipal stadium. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Cole 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, Hollin, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (37); “Noes” Duvall (1).

BILL NO. BL2009-546

An ordinance amending Title 10 of the Metropolitan Code pertaining to the storage and disposal of scrap tires. The bill was approved by the Budget and Finance and Public Works 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-548

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2009-2010. The bill was approved by the Budget and Finance Committee. Mr. Steine 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-549

An ordinance approving a new contract in lieu of performance bond between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, for the maintenance of the closed, Thermal Ash Monofill solid waste facility, combining the previously separated Thermal Ash Landfill Phase II and Thermal Ash Landfill Phase III contracts in lieu of performance bonds into one contract. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Steine 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-550

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and the owner of 4906 Colorado Avenue, granting easement rights for property located adjacent to 4906 Colorado Avenue, Nashville, Tennessee (Planning No. 2009M-089ES-001). The bill was approved by the Planning Commission, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-551

An ordinance authorizing the Director of Public Property Administration, or his designee, to accept, execute and record a quitclaim deed from the State of Tennessee, acting by and through the Commissioner of Transportation, to the Board of Parks and Recreation of The Metropolitan Government of Nashville and Davidson County for a certain parcel of property with improvements consisting of an old steel truss bridge on Lebanon Road crossing Stones River (Proposal No. 2009M-016PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Matthews 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-552

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to permit adaptive reuse of commercial areas in the proposed Downtown Donelson Urban Design Overlay District, all of which is more particularly described herein (Proposal No. 2009Z-034TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-553

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Whitland Crossing Planned Unit Development located on property at 420 Donelson Pike, approximately 210 feet south of Lakeland Drive (1.99 acres), zoned CL, to permit an 18,900 square foot office building where an 8,000 square restaurant was previously approved, all of which is more particularly described herein (Proposal No. 2005P-033-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-554

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning for property located at 1812 Pearl Street, at the northeast corner of Pearl Street and 19th Avenue North (0.16 acres), to permit an office and one single-family dwelling unit within the existing structure containing 924 square feet, all of which is described herein (Proposal No. 2009SP-016-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-555

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 SP (Hickory Woods) to SP (Stones River Senior Living Community) zoning for properties located at 4222 Mufreesboro Pike, Murfreesboro Pike (unnumbered) and LaVergne Couchville Pike (unnumbered), at the southeast corner of LaVergne Couchville Pike and Murfreesboro Pike (13.09 acres), zoned SP, to permit a 77,000 square foot 124-bed skilled nursing facility and a 79,400 square foot 104-bed assisted-living facility, all of which is described herein (Proposal No. 2009SP-026-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-556

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to RS10 zoning for a portion of properties located at 381 and 385 Oakview Drive, on the western side of Dickerson Pike (1.49 acres), all of which is described herein (Proposal No. 2009Z-033PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

SUBSTITUTE BILL NO. BL2009-557

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 zoning for properties located east of Ezell Pike along Carillon Drive, Southwind Drive, Town Park Drive, Citation Drive, Citation Court, Ladybird Court, Ladybird Drive, Honeyhill Drive, Honeyhill Court, Melvin Jones Drive and D’Ville Drive (101.51 acres), all of which is described herein (Proposal No. 2009Z-034PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Dominy 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

Without objection Bill Nos. BL2009-558 and BL2009-559 were considered together.

BILL NO. BL2009-558

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to MUN zoning for properties located within a portion of the Riverfront Shopping Center Planned Unit Development Overlay at 1220, 1230, 1246 and 1250 Robinson Road and at Robinson Road (unnumbered), approximately 250 feet north of Martingale Drive (13.49 acres), all of which is described herein (Proposal No. 2009Z-031PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2009-559

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Riverfront Shopping Center Planned Unit Development located at 1220, 1230, 1246, and 1250 Robinson Road and Robinson Road (unnumbered), approximately 250 feet north of Martingale Drive, zoned R10 and proposed for MUN (13.49 acres), to permit a 96,830 square foot nursing home containing 159 beds and an 899 square foot accessory structure, all of which is more particularly described herein (Proposal No. 103-79P-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Jernigan moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-560

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Urban Design Overlay (UDO) district to be known as the "Downtown Donelson UDO" to properties located on Lebanon Pike from Briley Parkway to Stewarts Ferry Pike, and on Old Lebanon Pike, J.B. Estille Drive, Donelson Pike, Fairway Drive, McGavock Pike, Crump Drive, Park Drive, Graylynn Drive, Cliffdale Drive, and Benson Road (229.35 acres), to establish sign and development standards, all of which is more particularly described herein, (Proposal No.2009UD-001-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-561

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 and RS20 to SP zoning for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to convert the existing residence into a regional tourist attraction known as "Plowboy Mansion" to permit special events, restaurant, tours of the residence, artisan distillery and micro-brewery, visitor center, specialty retail, seasonal performance entertainment venue, shuttle bus transportation around the facility, and memorabilia museum, all of which is described herein (Proposal No. 2009SP-022-001). Mr. Hunt offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2009-561

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 and RS20 to SP zoning for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to convert the existing residence into a regional tourist attraction known as "The Mansion at Fontanel" to permit special events, restaurant, tours of the residence, artisan distillery and micro-brewery, visitor center, specialty retail, seasonal performance entertainment venue, and museum, all of which is described herein (Proposal No. 2009SP-022-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

Without objection Bill Nos. BL2009-563 and BL2009-564 were considered together.

BILL NO. BL2009-563

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 OR40 to MUL zoning for property located within a portion of the Seven Springs Planned Unit Development Overlay at 330 Seven Springs Way, opposite Cloverland Drive (10.94 acres), all of which is described herein (Proposal No. 2009Z-028PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2009-564

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Seven Springs Planned Unit Development located on property at 310 and 330 Seven Springs Way, opposite Cloverland Drive (22.94 acres), zoned OR40 and proposed for MUL for a portion of the amended area, to permit 659,920 square feet of office uses and 58,918 square feet of retail and restaurant uses for a total of 718,838 square feet in the amended portion of the PUD, where 499,169 square feet of office space was previously approved, all of which is more particularly described herein, (Proposal No. 98P-007-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.

Mr. Toler moved to defer the bills on third reading as amended, the bills being requested by Barge Cauthen and Associates, which motion was seconded and adopted by a voice call vote of the Council.

BILL NO. BL2009-565

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 RM40 to SP zoning for property located at 2411-B Blakemore Avenue, approximately 330 feet west of 24th Avenue South (0.20 acres), to permit an existing religious institution to be converted to an events hall or used as multi-family residential at a RM40 density (as currently zoned), all of which is described herein (Proposal No. 2009SP-021-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. LaLonde offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. LaLonde moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-566

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning for property located at 2518 Old Smith Springs Road, approximately 1,090 feet east of Ned Shelton Road (2.29 acres), to permit a single-family residence with guest house, and detached garage, and up to 7,600 square feet of office use, all of which is described herein (Proposal No. 2009SP-013-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Wilhoite offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2009-567

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CF to SP zoning for properties located at 1200 and 1310 Clinton Street, at the northwest corner of Clinton Street and 12th Avenue North (2.2 acres), to permit an existing facility to be utilized for all uses permitted by the CF zoning district as well as the manufacturing and warehousing of alcoholic beverages not to exceed 1,000 barrels per month (a barrel being 55 gallons), all of which is described herein (Proposal No. 2009SP-023-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2009-1043

A resolution expressing the Metropolitan Council’s desire that MDHA delay all condemnation hearings and eminent domain proceedings related to the proposed Music City Center and associated hotel until the financing for the construction of the project is approved by the Metropolitan Council. The Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees recommended deferment. Ms. Gilmore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-1044

A resolution requesting the Metropolitan Board of Fair Commissioners to hold a State Fair on the Fairgrounds property in 2010 and to explore a public-private partnership for the development of a portion of the Fairgrounds as a corporate center. The Codes, Fair and Farmers Market 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. RS2009-1045

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow certain nonviolent felony convictions to be expunged if the offender has been rehabilitated and has had no further criminal convictions. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.