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Minutes

Metropolitan Council Meeting
Tuesday, December 1, 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 Tim Garrett.

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

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

The Minutes of the regular meeting of November 17, 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 amendment was approved by the Rules-Confirmations-Public Elections Committee. Ms. Wilhoite moved to adopt the amendment, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Jernigan, Gotto, Burch, Stanley, Claiborne, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Wilhoite, Coleman, Todd, Mitchell (30); “Noes” Forkum, Ryman, Page, Hodge, Toler (5); “Abstaining” Duvall (1).

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 two (2) members object to the suspension of the rules”.

The amendment was approved by the Rules-Confirmations-Public Elections Committee as amended. Mr. Crafton moved to adopt the amended amendment, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0). “Abstaining” Gilmore (1).

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. The member making the nomination may speak for no more than five minutes and may yield the remainder of his/her time to the nominee or any other member.

The Rules-Confirmations-Public Elections Committee disapproved the amendment. Ms. Wilhoite moved to adopt the amendment, which motion was seconded and failed by the following vote: “Ayes” Barry, Steine, Matthews, Harrison, Hunt, Moore, Gilmore, Langster, Crafton, Evans, Holleman, Wilhoite, Coleman, Mitchell (14); “Noes” Garrett, Tygard, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, LaLonde, Baker, McGuire, Adkins, Dominy, Hodge, Toler, Duvall, Todd (23).

- ELECTIONS AND CONFIRMATIONS -

Hospital Authority
Appointment of Dr. Michele Williams for a term expiring July 11, 2011. Dr. Williams will fill the unexpired term of Dr. Judson Randolph. 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. RS2009-1046

A resolution approving agreements between the Metropolitan Board of Education, the Metropolitan Board of Health, and The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of State, for the provision of administrative law judges. The resolution was approved by the Budget and Finance, Education, Health, Hospitals and Social Services 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1047

A resolution accepting a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for Juvenile Accountability Incentive Block Grant funding to enhance court staffing. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1048

A resolution approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the City of Goodlettsville for payments in lieu of ad valorem taxes. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1049

A resolution approving an interlocal agreement between the Metropolitan Government, the Electric Power Board of the Metropolitan Government, and the City of LaVergne for access to 800-MHZ for emergency radio dispatching and response. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1050

A resolution accepting a 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 Police Department, for an enhanced DUI enforcement initiative to reduce traffic fatalities. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1051

A resolution to appropriate grant funds from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers Market, to promote the Farmers Market through advertising, brochures, signage, and print inserts. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1052

A resolution to appropriate grant funds from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers Market, to conduct a specialty crop auction to allow buyers to find the quantities of produce they require. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1053

A resolution approving a grant from the State of Tennessee, Tennessee Heritage Conservation Trust Fund to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to protect 290 acres in the Beaman to Bells Bend Corridor through the execution of five conservation easements. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1054

A resolution approving a contract between the State of Tennessee, Department of Mental Health and Developmental Disabilities, and The Metropolitan Government of Nashville and Davidson County for inpatient mental health evaluations of minors at the rate of $450 per day for the Davidson County Juvenile Court. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1055

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 Board of Health for retail food store inspection, reporting, and enforcement. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1056

A resolution approving Amendment One to a grant from the American Legacy Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to target socio-economically disadvantaged adult smokers and their families to encourage smoke-free environments. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1057

A resolution approving Amendment Two to a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide direct financial assistance to clinical and social service providers to address the AIDS epidemic. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1058

A resolution accepting a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to protect air quality to achieve established ambient air standards. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1059

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 Five Star Custom Foods to support its new and existing employees and to create 201 new jobs (LW09F102FTSWA10). 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1060

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to provide implementation of the Career Readiness Certificate Program to assess the career readiness of job applicants (LW09F103CRSWA10). 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1061

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 establish programs to deliver training to 121 incumbent workers at Fiserv Solutions, Smyrna Air Center, Goldner Associates, and Ingram Content Companies (LW09F101IWSWA10). 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1062

A resolution accepting a grant from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville & Davidson County, acting by and through Metropolitan Department of Water Services, for the purpose of community tree planting on vacant flood prone property owned by the Metropolitan Government on Ewingdale Drive. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1063

A resolution authorizing the Metropolitan Government of Nashville and Davidson County to enter into an agreement with the City of La Vergne for the acceptance and treatment by the Metropolitan Government of Nashville and Davidson County of sewage flow from the City of La Vergne’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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1064

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of LeDaron Campbell against The Metropolitan Government of Nashville and Davidson County for $16,290.00. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2009-1065

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Sabrina Young against The Metropolitan Government of Nashville and Davidson County for $8,700.00. 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, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

Mr. Mitchell requested a suspension of the rules to call up Bill Nos. BL2007-85 and BL2007-86 and no objection was made.

BILL NO. BL2007-85

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of the Riverwalk Planned Unit Development district located at 6000 Rivervalley Drive, at the southeast corner of Rivervalley Drive and Newsom Station Road, (58.48 acres), approved for 61 multi-family dwelling units, all of which is described herein (Proposal No. 2000P-003G-06).

BILL NO. BL2007-86

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 RM2 to RS40 property located at 6000 Rivervalley Drive, at the southeast corner of Rivervalley Drive and Newsom Station Road and located within a Planned Unit Development Overlay (58.48 acres), all of which is described herein (Proposal No. 2007Z-184G-06).

Councilman Mitchell moved to defer the bills to the March public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-30

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 RM20 zoning property located at 3214 Murfreesboro Road, approximately 1,590 feet north of Mt. View Road and located within the Hamilton Hills Urban Design Overlay district (9.6 acres), all of which is described herein (Proposal No. 2007Z-157U-13). Mr. Duvall offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2007-30

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 district located at 3214 Murfreesboro Road, approximately 1,590 feet north of Mt. View Road and located within the Hamilton Hills Urban Design Overlay district (9.6 acres), to permit 126 flat units and 39 townhome units, all of which is described herein (Proposal No. 2007Z-157U-13). 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. BL2009-411

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 Ordinance No. BL2005-543 to modify a condition pertaining to the restriction of access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (2009Z-015PR-001). Mr. Mitchell moved to defer the bill to the second meeting in February, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-586

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 Title 17 relative to the creation of a new zoning district called the “Downtown Code” (DTC), all of which is more particularly described herein (Proposal No. 2009Z-031TX-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. BL2009-587

An ordinance to amend Titles 7, 11 and 13 of the Metropolitan Code relative to the creation of a new zoning district called the “Downtown Code” (DTC), which will replace the zoning district “Commercial Core” (CC) that is currently referenced in multiple Titles within the Metropolitan Code. 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. BL2009-588

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 CC, CF, CS, IG, IR, MUI, MUL, MUN, IWD, and OR20 to DTC for various properties located north of I-40 and south of Jefferson Street (823.92 acres), all of which is described herein (Proposal No. 2009Z-030PR-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. BL2009-589

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 570 Murfreesboro Pike, approximately 820 feet east of Fesslers Lane (1.28 acres), to permit an existing structure to be utilized for auto sales (used), auto repair, and vehicular leasing, all of which is described herein (Proposal No. 2009SP-028-001). 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. BL2009-590

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 IWD to SP zoning for properties located at 404, 2404, 2406, 2408, 2410, 2412 and 2418 Clarksville Pike, 2111, 2113 and 2113-B 24th Avenue North, 2104 25th Avenue North and 25th Avenue North (unnumbered), at the northwest corner of Clarksville Pike and 24th Avenue North (2.25 acres), all of which is described herein (Proposal No. 2009SP-027-001). Mr. Harrison offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2009-590

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 IWD and CS to SP zoning for properties located at 404, 2404, 2406, 2408, 2410, 2412 and 2418 Clarksville Pike, 2111, 2113 and 2113-B 24th Avenue North, 2104 25th Avenue North and 25th Avenue North (unnumbered), at the northwest corner of Clarksville Pike and 24th Avenue North (2.25 acres), all of which is described herein (Proposal No. 2009SP-027-001). 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. BL2009-591

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 1535 4th Avenue South, approximately 200 feet north of Moore Avenue (0.3 acres), to permit automobile sales (used), automobile service, and retail, all of which is described herein (Proposal No. 2009SP-030-001). 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. BL2009-592

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 CS zoning for a portion of property located at 4100 Clarksville Pike, approximately 1,300 feet south of Kings Lane (0.16 acres), all of which is described herein (Proposal No. 2009Z-039PR-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. BL2009-593

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 630 Murfreesboro Pike, at the northwest corner of Murfreesboro Pike and Transit Avenue (2.65 acres), to permit auto sales, vehicular leasing, vehicular sales and services, limited, heavy equipment sales and service, auto repair, a car wash, and all other uses permitted by CS zoning, all of which is described herein (Proposal No. 2009SP-029-001). 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. BL2009-594

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 property located at 3605 Hydes Ferry Pike, at the southwest corner of Hydes Ferry Pike and E. Stewarts Lane (5.43 acres), to permit 21 multi-family units and a community clubhouse, all of which is described herein (Proposal No. 2009SP-017-001). 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. BL2009-595

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the SP District (adopted with Council Bill BL2006-1229) for the previously approved H & M Motors Specific Plan District located at 1525 4th Avenue South, at the northwest corner of 4th Avenue South and Mallory Street (0.44 acres), to add all other uses permitted by CS zoning as permitted uses in the SP District, all of which is more particularly described herein (Proposal No. 2006SP-105-001). 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. BL2009-596

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 and AR2a to SP zoning for property located at Old Hickory Boulevard (unnumbered) and a portion of property located at Murfreesboro Pike (unnumbered), at the southeast corner of Murfreesboro Pike and Hobson Pike (12.91 acres), to permit the development of 112 residential dwelling units and 20,000 square feet of retail or office uses in 2 structures, all of which is described herein (Proposal No. 2009SP-024-001). 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. BL2009-597

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to SP zoning for a portion of properties located at 5000 Mountain Springs Road and at Hobson Pike (unnumbered), north of Hobson Pike (40.8 acres), to permit 219 residential dwelling units comprised of 32 single-family lots and 187 multi-family dwelling units, all of which is described herein (Proposal No. 2009SP-025-001). 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. BL2009-598

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a preliminary approval for the Nashville Corners Shopping Center Commercial Planned Unit Development for property located at Murfreesboro Pike (unnumbered), approximately 750 feet south of Hamilton Church Road (2.6 acres), zoned CS, to permit 21,250 square feet of restaurant and retail space and to allow access directly to Murfreesboro Pike, all of which is described herein (Proposal No. 2009P-004-001). 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. BL2009-599

An ordinance authorizing the Metropolitan Mayor to submit a five year Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review Committee by a voice vote of the Council.

BILL NO. BL2009-600

An ordinance amending Chapter 7.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a Caterer’s Beer Permit, a Special Events Beer Permit, or a Temporary Beer Permit. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2009-601

An ordinance amending Section 12.40.070 of the Metropolitan Code to allow parking on both sides of certain narrow streets in the Old Hickory area. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission and Traffic and Parking Committee by a voice vote of the Council.

BILL NO. BL2009-602

An ordinance amending Chapter 16.08 of the Metropolitan Code to prohibit the issuance of a permit to move a house, building, or structure if the applicant or owner has been found guilty within the past twelve months of violating the Code provisions pertaining to the moving of houses. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2009-603

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2009M-0030T-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2009-604

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of three tracts of real property located West of Old Hickory Boulevard, in the vicinity of Murfreesboro Road and Hobson Pike, further described as being a portion of Tax Map 175, land to be donated for the use and benefit of the Metropolitan Board of Parks and Recreation (Proposal No. 2009M-023PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2009-605

An ordinance abandoning a 15 foot public utility easement which contains private sanitary sewer lines in connection with Project 09-SL-0029, East River Apartments Abandonment shown on Map 082-12, Parcel 013.00, 714 Ramsey Street, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-057ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

SUBSTITUTE BILL NO. BL2009-491

An ordinance amending Title 12 of the Metropolitan Code regarding commercial vehicles operating on local streets. The bill was approved by the Traffic and Parking Commission and Traffic and Parking Committee; the Public Works Committee approved the bill with an amendment. Mr. Jernigan offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Stanley moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

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 to the second meeting in March, which motion was seconded and adopted by a voice vote of the Council.

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. The bill was approved by the Parks, Library and Recreation Committee and disapproved by the Public Safety-Beer and Regulated Beverages Committee.

Mr. Coleman offered Amendment No. 1 and moved for its adoption, the amendment being approved by the Parks, Library and Recreation and Public Safety-Beer and Regulated Beverages Committees. The motion was seconded and adopted by a voice vote of the Council. Mr. Coleman requested a suspension of the rules to offer a late amendment and no objection was made. Mr. Coleman offered Amendment No. 2 and moved for its adoption, the amendment being approved by the Parks, Library and Recreation Committee. The motion was seconded and failed by a roll call vote of the Council. Mr. Matthews offered Amendment No. 3 and moved for its adoption, the amendment being approved by the Parks, Library and Recreation and Public Safety-Beer and Regulated Beverages Committees. The motion was seconded and adopted by a voice vote of the Council. Mr. Coleman moved to defer the bill indefinitely as amended, which motion was seconded and adopted 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. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Hunt requested a suspension of the rules to offer a late amendment and no objection was made. Mr. Hunt offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hunt moved to pass the bill on second reading as amended, which motion was seconded and adopted 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 and Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2009-581 and BL2009-582 were considered together.

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. The bill was approved by the Planning, Zoning and Historical Committee.

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 and Planning, Zoning and Historical Committee.

Mr. Craddock moved to pass the bills on second reading, which motion was seconded and adopted 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, 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. BL2009-584

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, Budget and Finance, Public Works 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. BL2009-585

An ordinance restricting the use of Metropolitan Government-owned property commonly known as the Tennessee State Fairgrounds. The Budget and Finance and Codes, Fair and Farmers Market Committees recommended deferment. Mr. Crafton moved to defer the bill while historical research is done, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

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 filed a document for the record. Mr. Toler moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 and Planning, Zoning and Historical Committees. Mr. Coleman moved to defer the bill indefinitely to assure that complete information is available prior to passage, 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0); “Abstaining” Wilhoite (1).

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; the Traffic and Parking Committee recommended deferment. Mr. Mitchell moved to defer the bill so that the proposal could be discussed with all affected neighbors, 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, 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, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “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 resolution was disapproved by the Budget and Finance Committee; the Convention, Tourism and Public Entertainment Facilities Committee 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 withdrawal. Mr. Crafton moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-1066

A resolution recognizing a set of guidelines recommended by the Neighborhood Resource Center for use in community meetings. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Jernigan moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2009-1067

A resolution requesting the Mayor and the Director of Public Property Administration to retain possession and control of property located at the corner of the Lebanon Pike and Stewart’s Ferry Pike intersection until the appropriate use for the property is determined. The resolution was approved by the Budget and Finance Committee. Mr. Stanley moved to defer the resolution to the second meeting in January, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.